Infringement of freedoms of assembly and expression without justification

Facts

The authors sought the authorisation to hold a street rally with the aim of drawing attention to the economic crisis and for the need of economic reforms. The authorisation was refused and appeals through the supervisory review proceedings were dismissed due to the alleged failure of the authors to indicate measures taken to ensure the public order and safety of the event. The authors claim that the State party has violated their rights under articles 19 and 21, in conjunction with article 2 (2) and (3) of the Covenant.

Admissibility

The claims submitted under articles 19 and 21 of the Covenant, taken separately, are sufficiently substantiated for the purposes of admissibility.

Merits

The State party failed to demonstrate that the restrictions on the authors’ right to freedom of expression under article 19 of the Covenant were necessary and proportionate. The restrictions imposed on the authors, although based on domestic law, were not justified for the purposes of article 19 (3). Thus, the Committee finds that the State party violated the authors’ rights under articles 19. Furthermore, the organizers of an assembly generally have the right to choose a location within sight and sound of their target audience, and no restriction to this right is permissible, unless it (a) is imposed in conformity with the law; and (b) is necessary in a democratic society, in the interests of national security or public safety, public order, protection of public health or morals or protection of the rights and freedoms of others. The State party must be guided by facilitating the right to assembly rather than imposing unnecessary or disproportionate limitations to it. The State party is thus under an obligation to justify the limitation of the right protected by article 21 of the Covenant. In this case, no justification as to how, in practice, the authors’ requested public events would have fallen within the restrictions as set out in article 21, thus violating the authors’ rights under the same article. The State party also failed to show that any alternative measures were taken to facilitate the exercise of the authors’ rights.

Recommendations

The State party is obligated, inter alia, to provide the authors with adequate compensation. The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future. In that connection, the Committee notes that it has dealt with similar cases in respect of the same laws and practices of the State party in a number of earlier communications, and thus the State party should revise its normative framework on public events, consistent with its obligation under article 2 (2), with a view to ensuring that the rights under articles 19 and 21 of the Covenant may be fully enjoyed in the State party.

Implementation

Deadline: 27 January 2023

By: Maricon Torres Lorenzo