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Dadparvar
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The European Court of Human Rights (ECHR) ruled on Tuesday that Germany violated the right to freedom of assembly of a protester who was convicted for wearing a self-made plastic visor during a demonstration in 2015. It found that the national instances had not weighed up his freedom of assembly, protected under Article 11 of the European Convention on Human Rights, against the intended aim of preventing disorder and violence.
The applicant, Ruß, had participated in protests against the opening of the new European Central Bank Headquarters in the German city of Frankfurt. Like many others, he wore a self-built visor made from a piece of rubber and an overhead projector foil, reading “Smash Capitalism”. The protests, involving more than 17,000 individuals, had remained mostly peaceful, but partially led to violent escalations. Subsequently, national courts had convicted and fined the protester with 400€ for breaching a general prohibition on protective weapons (Schutzwaffen) at public outdoor assemblies. After the conviction was upheld by the national instances, Ruß brought the case before the ECHR and claimed violations of his rights of freedom of expression, assembly, and Article 7 on the principle of No Punishment without law.
In its judgment, the court dismissed the latter two complaints, as the case was not about the statement on the foil, which was not subject to persecution, and the interpretation of the German Public Assembly and Possessions Act was not unforeseeable or arbitrary to include his construction as a protective weapon. This was defined in the documentation of the legislative process as encompassing all devices such as helmets or self-built armors “that are used for defence against attacks and are usually given this purpose at the time of manufacture.” However, the court argued that the national instances had not assessed or justified why the plastic visor would constitute a threat to public safety, which is a necessary condition to exclude an exemption of objects to qualify as Schutzwaffen under Article 27 of the law. As such, the court ruled a criminal charge was not necessary and proportionate in a democratic society and resulted in a violation of Article 11 of the Convention.
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The applicant, Ruß, had participated in protests against the opening of the new European Central Bank Headquarters in the German city of Frankfurt. Like many others, he wore a self-built visor made from a piece of rubber and an overhead projector foil, reading “Smash Capitalism”. The protests, involving more than 17,000 individuals, had remained mostly peaceful, but partially led to violent escalations. Subsequently, national courts had convicted and fined the protester with 400€ for breaching a general prohibition on protective weapons (Schutzwaffen) at public outdoor assemblies. After the conviction was upheld by the national instances, Ruß brought the case before the ECHR and claimed violations of his rights of freedom of expression, assembly, and Article 7 on the principle of No Punishment without law.
In its judgment, the court dismissed the latter two complaints, as the case was not about the statement on the foil, which was not subject to persecution, and the interpretation of the German Public Assembly and Possessions Act was not unforeseeable or arbitrary to include his construction as a protective weapon. This was defined in the documentation of the legislative process as encompassing all devices such as helmets or self-built armors “that are used for defence against attacks and are usually given this purpose at the time of manufacture.” However, the court argued that the national instances had not assessed or justified why the plastic visor would constitute a threat to public safety, which is a necessary condition to exclude an exemption of objects to qualify as Schutzwaffen under Article 27 of the law. As such, the court ruled a criminal charge was not necessary and proportionate in a democratic society and resulted in a violation of Article 11 of the Convention.
The post European Rights Court rules Germany violated freedom of assembly by convicting protester wearing plastic visor appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.