Infringement of freedom of assembly and expression without justification

Facts

The author conducted a one-person picket in the city park  in support of a candidate in a presidential election. A police record was filed against the author for violating the procedure for organizing and conducting public meetings. The author claims a violation of his rights under articles 19 and 21, read in conjunction with article 2 (2) and (3), of the Covenant, on the ground that the authorities failed to explain why the restrictions imposed on his right to hold a peaceful protest were necessary in the interests of national security or public safety, public order or the protection of public health or morals or the rights and freedoms of others.

Admissibility

The facts relate only to article 19 and do not raise issues under article 21, as the author was the only participant in the picket. For an assembly to be protected under article 21 there must be more than one participant in the gathering. Still, a single protester enjoys comparable protections under article 19, and the claims under article 19 have been sufficiently substantiated.

Merits

The freedom of expression is essential for any society and constitutes a foundation stone for every free and democratic society, subject to restrictions provided by law– if they are necessary for respect of the rights or reputation of others or for the protection of national security or public order or of public health or morals. Any restriction must be the least intrusive among the measures that might achieve the relevant protective function and be proportionate to the interest being protected. The State party has failed to invoke any specific grounds to support the necessity of the restrictions and sanction imposed, as required under article 19 (3) of the Covenant. The State party also failed to demonstrate that the measures selected were the least intrusive in nature or were proportionate to the interest that it sought to protect. Thus, the author’s rights under article 19 of the Covenant have been violated.

Recommendations

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

Implementation

Deadline: 24 April 2023

By: Maricon Torres Lorenzo