Unjustified restrictions on freedom of assembly

Facts

The author is a Belarussian man who posted an invitation on his Facebook page to participate in a peaceful rally to protest against a presidential decree. A charge was filed against him for violating the law on unauthorized meetings and he was sentenced to eight days of administrative detention. The author claims a violation of his rights under articles 19 and 21, in conjunction with article 2 (2) and (3) of the Covenant on the grounds that the authorities failed to explain why the restrictions imposed on his rights to freedom of expression and of peaceful assembly were necessary in the interests of national security or public safety, public order, the protection of public health or morals or the rights and freedoms of others, as required by article 19 (3) and article 21 of the Covenant.

Admissibility

The Committee considers that article 2 cannot be invoked in a claim in conjunction with other provisions if is not the proximate cause of the violation, so it does not consider an examination of whether the State party has violated article 2 (2), read in conjunction with articles 19 and 21 of the Covenant, to be distinct from an examination of violations of articles 19 and 21. The Committee therefore considers that the author’s claims in that regard are incompatible with article 2 and inadmissible under article 3 of the Optional Protocol. Finally, the author’s claims under articles 19 and 21 are sufficiently substantiated for the purposes of admissibility.

Merits

The Committee is of the view that the facts before it disclose a violation by the State party of the author’s rights under articles 19 and 21 of the Covenant. The restrictions on the author’s rights under article 19 of the Covenant were not necessary or proportionate: as required under article 19 (3) of the Covenant. Furthermore, the State party did not provide any justification as to how the author’s invitation to a peaceful event violated the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others, as set out in article 21 of the Covenant.

Recommendations

The State party is obliged, inter alia, to provide the author with adequate compensation, including to reimburse the fines and any legal costs incurred by him.

Implementation

Deadline: 27 January 2023

By: Maricon Torres Lorenzo