GRAND CHAMBER CASE OF
AND OTHERS v. LITHUANIA (Application no. 37553/05) JUDGMENT STRASBOURG15 October 2015This judgment is final.
AND OTHERS v. LITHUANIA JUDGMENT1 In the case of ! ” ! and Others v. Lithuania,The European Court of Human Rights, sitting as a Grand Chamber
composed of: Dean Spielmann, President ,
Josep Casadevall, Elisabeth Steiner,Angelika Nußberger, Boštjan M. 4 # $ % & 5 ) 5 ,
George Nicolaou, Luis López Guerra, Mirjana Lazarova Trajkovska,
Ganna Yudkivska,Vincent A. De Gaetano,
André Potocki, Helena Jäderblom,
Aleš Pejchal,Johannes Silvis, Krzysztof Wojtyczek, Egidijus > ) + ,Jon Fridrik Kjølbro, judges ,
and Søren Prebensen, Deputy Grand Chamber Registrar, Having deliberated in private on 9 April 2015 and 9 September 2015,Delivers the following judgment, which was adopted on the last-
mentioned date:
PROCEDURE
1. The case originated in an application (no. 37553/05) against the
Republic of Lithuania lodged with the Court under Article 34 of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(“the Convention”) by five Lithuanian nationals, Mr > & % + # - ) 5 ) # + ,
Mr Bronius Markauskas, Mr > % + Pilota, Mr L + # ) + Miliauskas and
Mr Virginijus Mykolaitis (“the applicants”), on 8 October 2005.2. The applicants were represented by Mr K. Stungys and Mr E. Losis,
two lawyers practising in Vilnius. The Lithuanian Government (“the
Government”) were represented by their Agent, Ms K.
# & < N 3. The applicants alleged, in particular, that their conviction for rioting
had violated their rights to freedom of assembly and expression and that the
law under which they had been convicted did not meet the requirements of
Article 7 of the Convention.4. On 21 May 2008 notice of the application was given to the
Government.
2
AND OTHERS v. LITHUANIA JUDGMENT5. The application was allocated to the Second Section of the Court
(Rule 52 § 1 of the Rules of Court). On 26 November 2013 a Chamber of
the Second Section, composed of Guido Raimondi, % & # N 5 ) & N ,
Dragoljub : $ ) S , András Sajó, U V / % % 0 % U , Paulo Pinto de Albuquerque
and Helen Keller, judges, and Stanley Naismith, Section Registrar,
unanimously declared the application admissible in respect of the
complaints under Articles 7 and 11 of the Convention and inadmissible for
the remainder. By four votes to three, the Chamber held that there had been
a violation of Article 11 of the Convention, that there was no need to
examine separately the complaint under Article 7 of the Convention and that
the respondent State was to pay each applicant 2,000 euros (EUR) in respect
of non-pecuniary damage.6. On 26 February 2014 the Government asked for the case to be
referred to the Grand Chamber by virtue of Article 43 of the Convention
and Rule 73. On 14 April 2014 a panel of the Grand Chamber granted that
request.7. The composition of the Grand Chamber was determined according to
the provisions of Article 26 §§ 4 and 5 of the Convention and Rule 24.8. The applicants and the Government each filed observations (Rule 59
§ 1).9. A public hearing was scheduled for 26 November 2014. However, in
a fax of 27 October 2014, the applicants’ representative, Mr Stungys,
indicated that he did not have a sufficient command of either of the Court’s
official languages to be able to participate fully in a hearing, and was not
able to find another lawyer with the relevant skills who could assist him. He
therefore requested that the case be heard in his absence and annexed an
unsolicited document of nine pages in which, in substance, he replied to the
arguments developed in the Government’s observations before the Grand
Chamber. In a letter of 30 October 2014, the Court informed the
Government that, given the applicants’ representative’s position, it might
consider dispensing with a public hearing and giving the parties the
opportunity to file a reply to each other’s observations. In a fax of
3 November 2014, the Government stated that they did not have any
objections to the case being examined without a public hearing and that they
would at the same time appreciate the opportunity to file a reply to the
applicants’ observations.10. On 4 November 2014 the President decided to cancel the public
hearing and first deliberations scheduled for 26 November 2014 and to
invite the parties to submit, by 17 December 2014, further written
observations in reply to each other’s initial observations. The applicants’
representative was informed that, should he not submit any new
observations within the prescribed time-limit, the document annexed to his
fax of 27 October 2014 would be treated as his reply to the Government’s
submissions before the Grand Chamber.
AND OTHERS v. LITHUANIA JUDGMENT3 11. In November 2014 the applicants’ representative (Mr Stungys)
passed away. The applicants appointed a new representative, Mr Losis, who
clarified that the document annexed to Mr Stungys’s fax of 27 October (see
paragraph 9 above) should be treated as the applicants’ reply to the
Government’s submissions. The Government were informed accordingly.
They submitted their observations in reply on 17 December 2014.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE12. The first applicant, Mr > & % + # - ) 5 ) # + (“A.K.”), was born in
1970 and lives in % ) 0 > & % ) village, Utena region; the second applicant, Mr
Bronius Markauskas (“B.M.”), was born in 1960 and lives in Triušeliai
village, / % ) $ N - % region; the third applicant, Mr > % + Pilota (“A.P.”), was
born in 1973 and lives in Ožkasviliai village, % ) 3 % ( $ / N region; the
fourth applicant, Mr L + # ) + Miliauskas (“K.M.”), was born in 1959 and
lives in # & * N & % ) village, % ) 3 % ( $ / N region; and the fifth applicant,
Mr Virginijus Mykolaitis (“V.M.”), was born in 1961 and lives in % % 0 ) 2 0 N
village, Vilkaviškis region.
A. The farmers’ demonstrations
13. On 15 April 2003 a group of farmers held a demonstration in front of
the Seimas (the Lithuanian Parliament) building to protest about the
situation in the agricultural sector with regard to a fall in wholesale prices
for various agricultural products and the lack of subsidies for their
production, demanding that the State take action. On 22 April 2003
Parliament passed a resolution on reinforcing the competitiveness of
agriculture, providing for an increase in subsidies for the agricultural sector.
According to the applicants, this resolution was not implemented by the
government.14. On 16 May 2003 the Chamber of Agriculture ( & ’ ( ) ( ), an
organisation established to represent the interests of farmers, met to discuss
possible solutions to the issues. If no positive changes in legal regulation
were forthcoming, the measures foreseen included addressing complaints to
the administrative courts. In the meantime, it was decided to organise
protests, in three different locations next to major highways (prie
* ) *), to draw attention to the problems in the agricultural
sector.15. In May 2003 the Kalvarija municipality issued a permit to hold
peaceful assemblies in Kalvarija town “near the marketplace” from 8 a.m. to
4
AND OTHERS v. LITHUANIA JUDGMENT11 p.m. between 13 and 16 May 2003, from 8 a.m. to 3 p.m. on 17 May
2003 and from 8 a.m. to 11 p.m. on 19 and 20 May 2003. The organisers
had been warned about possible liability under the Code of Administrative
Law Offences as well as under the Criminal Code, including under Article
283 of the latter (see paragraph 62 below). According to the Government,
similar permits, accompanied by the same warnings, were issued for 21 to
23, 24 and 26 to 30 May 2003.16. On 8 May 2003 the Pasvalys municipality issued a permit to hold a
demonstration “at the car park at the sixty-third kilometre of the Via Baltica
highway and next to that highway”. The farmers were also authorised to
display agricultural machinery for ten days from 15 to 25 May 2003. On
12 May 2003 the organisers of the gathering were informed about possible
liability under the Code of Administrative Law Offences as well as under
the Criminal Code, including under Article 283 of the latter.17. On 19 May 2003 the / % ) $ N - % municipality issued a permit to hold
an assembly in an “area in Divupiai village next to, but not closer than
twenty-five metres from, the ) / & ) # + C / % ) $ N - % highway” from 11 a.m. to
11 p.m. between 19 and 25 May 2003. The permit specified that it granted
the right to organise a peaceful assembly in compliance with the provisions
set forth, inter alia , in the Constitution and in the Law on Assembly. It was
also indicated therein that the organisers and the participants were to
observe the laws and to adhere to any orders from the authorities and the
police; failure to do so could engage their administrative or criminal
liability. The second applicant, B.M., who was indicated as one of the
organisers of the gathering, signed a receipt for the notification of the
permit.18. The / % ) $ N - % police received information about the demonstrators’
possible intention to overstep the limits established by the permits.
B.M. was therefore contacted by telephone and a meeting with him was
organised in order to avoid unlawful acts being carried out during the
demonstrations.19. The demonstrations started on 19 May 2003. The farmers gathered
in the designated areas.20. On 21 May 2003 the farmers blocked and continued to demonstrate
on the roads next to Divupiai village, on the ) / & ) # + C / % ) $ N - % highway, at
the sixty-third kilometre of the : % & N Y < + C : % + % / < + C ) * % highway, and at
the ninety-fourth kilometre of the % # & % + C % ) 3 % ( $ / N C # % / 0 % ) highway.21. The Government pointed out that the police had not received any
prior official notification of the demonstrators’ intention to block the three
major roads of the country. They described as follows the behaviour of the
farmers and of the applicants during the demonstrations.(a) On 21 May 2003 at around 12 noon, a group of approximately
500 people walked onto the ) / & ) # + C / % ) $ N - % highway and remained
standing there, thus stopping the traffic.
AND OTHERS v. LITHUANIA JUDGMENT5 (b) On 21 May 2003 at 12 noon, a group of approximately 250 people
walked onto the : % & N Y < + C : % + % / < + C ) * % highway and remained standing
there, thus stopping the traffic. The blockade remained in place until
12 noon on 23 May 2003. The first applicant encouraged the demonstrators
to move from the car park onto the highway.(c) On 21 May 2003 at 11.50 a.m. a group of 1,500 people walked onto
the % # & % + C % ) 3 % ( $ / N C # % / 0 % ) highway and remained standing there,
thus stopping the traffic. In addition, on the same day between 3 and
4.30 p.m. the third, fourth and fifth applicants drove tractors onto the
highway and left them there. The blockade remained in place until 4 p.m. on
22 May 2003.22. On 22 May 2003 the farmers continued negotiations with the
government. The next day, following a successful outcome to those
negotiations, the farmers stopped blocking the roads.
B. Consequences of the demonstrations
23. The parties disagreed as to the extent of the disruption to traffic
created by the farmers’ demonstrations.24. According to the applicants (see paragraph 121 below), knowing that
blockades were likely to occur, the police had prepared alternative road
itineraries in the vicinity of the places where the demonstrations were held,
so that the roadblocks would not disrupt the flow of goods. Indeed, on the
days in question the latter had been “even better than usual”. This could be
proven by the “data from posts where the roadblocks took place”.25. In a letter of 24 August 2004 addressed to the applicants’ lawyer, the
State Border Guard Service indicated that several queues of lorries (ranging
from 2 to 10 kilometres long) had formed from 21 until 23 May 2003 in
both directions in the proximity of the Kalvarija border crossing between
Lithuania and Poland. According to the same letter, “there were no queues
of passenger cars”. Moreover, no queues had formed at the Lazdijai State
border post (another post on the Lithuanian-Polish border).26. The Government observed, firstly, that the ) / & ) # + C / % ) $ N - %
highway was the main trunk road connecting the three biggest cities in the
country, while the : % & N Y < + C : % + % / < + C ) * % highway (otherwise known as
Via Baltica) and the % # & % + C % ) 3 % ( $ / N C # % / 0 % ) highway were
transitional trunk roads used to enter and leave the country. According to
the Government, all three roads were blocked at locations next to the
customs post for approximately forty-eight hours.27. The Government alleged, in particular, that owing to the blocking of
the % # & % + C % ) 3 % ( $ / N C # % / 0 % ) highway, which prevented vehicles from
passing through border control, queues of heavy goods vehicles and cars
formed in Lithuania and Poland at the Kalvarija border crossing. The heavy
goods vehicles were forced to drive along other routes in order to avoid
6
AND OTHERS v. LITHUANIA JUDGMENTtraffic jams. As the functioning of the Kalvarija customs post was disrupted,
the Kaunas territorial customs authority was obliged to re-allocate human
resources as well as to prepare for a possible reorganisation of activities
with the State Border Guard Service and the Polish customs. As a
consequence, the Kaunas territorial customs authority incurred additional
costs; however, the concrete material damage had not been calculated.28. According to a report of the Kalvarija police, the road was blocked
on 22 May 2003. The lorries returning to Lithuania from Poland were
directed by the police to a car park at the Kalvarija border crossing. At
around 11.40 a.m. the lorry drivers approached the farmers. They demanded
an end to the roadblocks, under threat of physical force. The police urged
the parties to the conflict to calm down and to wait for the outcome of the
negotiations between the farmers and the Prime Minister. According to the
Government, the farmers and the lorry drivers had a few arguments, but
more serious confrontations were avoided. At around 4.15 p.m. the farmers
received a telephone call regarding the positive outcome of the negotiations
and moved one tractor off the road. The traffic then resumed in both
directions.29. The Government also noted that, owing to the blocking of the
Vilnius-Riga highway on 22 May 2003 from 2 until 4 p.m., heavy goods
vehicles could not cross the border and queues of traffic of 1,600 and
700 metres respectively appeared in both directions. Cars took diversions
along a gravel road.30. On 1 September 2003 the Pasvalys police issued a certificate stating
that between 19 and 23 May 2003 the farmers had held a demonstration in
the car park at the sixty-third kilometre of the : % & N Y < + C : % + % / < + C ) * %
highway. On 21 May 2003 at around midday the farmers had gone onto the
highway and had stopped the traffic. They had only allowed through
passenger vehicles and vehicles carrying dangerous substances. Goods
vehicles and cars were allowed to go through ten at a time on each side of
the road once every hour. In order to improve the situation, the police had
attempted to let the traffic bypass the blockade through neighbouring
villages. However, owing to the poor condition of those neighbouring roads,
not all goods vehicles were able to drive on them and they had to remain on
the highway until the farmers had left. Some lorries became stuck in sand
and special machinery was necessary to pull them out. The police indicated
that the farmers had unblocked the highway at 4 p.m. on 23 May 2003.31. As can be seen from the documents submitted to the Court, in May
and September 2003 four logistics companies informed the police and
Linava, the Lithuanian National Road Carriers’ Association, that they had
sustained pecuniary damage in the sum of 25,245 Lithuanian litai ((LTL) –
approximately 7,300 euros (EUR)) as a result of the roadblocks during the
farmers’ demonstrations. The companies stated that they would institute
court proceedings in respect of those claims.
AND OTHERS v. LITHUANIA JUDGMENT7 32. The Government alleged that, notwithstanding the fact that only one
claim for pecuniary damage was ultimately lodged (see paragraph 40
below), more than one carrier company incurred material loss owing to the
disruption of traffic. As submitted by Linava, Vilniaus Dobilas incurred
damage amounting to LTL 6,100 (approximately EUR 1,760); Rokauta
incurred damage amounting to LTL 4,880 (approximately EUR 1,400); and
Immensum incurred damage amounting to LTL 3,600 (approximately
EUR 1,050). Moreover, in a letter of 26 May 2003, the company Ridma
indicated that the loss incurred by them owing to the roadblocks amounted
to LTL 10,655 (approximately EUR 3,000).
C. Criminal proceedings against the applicants
1. Pre-trial investigations and first-instance trial before the Kaunas
City District Court33. Pre-trial investigations against the applicants and a number of other
persons, on suspicion of having caused a riot, were initiated. In July 2003
B.M., V.M., A.P. and K.M. were ordered not to leave their places of
residence. That measure was lifted in October 2003.34. On 1 October 2003 the police imposed a fine of LTL 40
(approximately EUR 12) on a farmer, A.D. According to the applicants, it
was established in the police record relating to the fine that on 21 May 2003
A.D. had taken the farmers to block the % # & % + C % ) 3 % ( $ / N C # % / 0 % )
highway in the Kalvarija municipality; he had walked in the middle of the
road, pushing a cart in front of him, thus obstructing the traffic. By such
actions A.D. had breached paragraph 81 of the Road Traffic Regulations
(see paragraph 67 below) and thus committed an administrative-law
violation, as provided for in Article 131 of the Code of Administrative Law
Offences (see paragraph 66 below).35. The Government noted that the criminal proceedings against A.D.
were discontinued on 1 August 2003 as he had not organised or provoked a
gathering to seriously breach public order; his act (walking in the middle of
the road pushing a cart in front of him) was not considered to fall under
Article 283 § 1 of the Criminal Code (see paragraph 62 below). The
Government further noted that the criminal proceedings had been
discontinued on similar grounds in respect of three other persons. In respect
of a fourth person the criminal prosecution was discontinued owing to his
immunity as a member of parliament.36. On 4 December 2003 an indictment was laid before the courts.
B.M. and A.K. were accused of incitement to rioting under Article 283 § 1
of the Criminal Code.37. The prosecutor noted that B.M. had taken part in the farmers’
meeting of 16 May 2003, at which the farmers had decided to hold
8
AND OTHERS v. LITHUANIA JUDGMENTdemonstrations near major highways on 19 May and, should the
government not satisfy their requests by 11 a.m. on 21 May, to blockade
those highways. On 19 May B.M. had told the farmers to blockade the roads
on 21 May. As a result, at 12.09 p.m. on that date around 500 farmers had
gone onto the ) / & ) # + C / % ) $ N - % highway. The farmers had refused to obey
police requests not to stand on the road. Consequently, traffic had been
blocked until 1 p.m. on 23 May. Traffic jams had occurred on neighbouring
roads and road transport in the region had become impossible.38. With regard to A.K., the prosecutor claimed that he had also incited
the farmers to blockade the highway. As a result, at midday on 21 May
2003 approximately 250 people had gone onto the : % & N Y < + C : % + % / < + C ) * %
highway, refusing to obey police orders not to block the highway. The road
had remained blocked until 10.58 a.m. on 23 May. The roads in the vicinity
had become clogged. The normal functioning of the % / 5 ) % ) C & % /
border-control post had been disrupted.39. V.M., K.M. and A.P. were accused of a serious breach of public
order during the riot, under Article 283 § 1 of the Criminal Code. The
prosecutor maintained that on 21 May 2003, at around 11.50 a.m.,
approximately 1,500 people had gone onto the % # & % + C % ) 3 % ( $ / N C
Suvalkai highway at the ninety-fourth kilometre. At about 3 or 4 p.m. the
above-mentioned applicants had driven three tractors onto the highway and
had left them on the carriageway. The three applicants had refused to follow
police instructions not to breach public order and not to leave the tractors on
the road. The tractors had remained on the road until 4.15 p.m. on 22 May
2003. As a result, the highway had been blocked from the eighty-fourth to
the ninety-fourth kilometre. Due to the resulting increase in traffic on
neighbouring roads, congestion had built up and road transport in the region
had come to a halt. The normal functioning of the Kalvarija and
% ) 3 % ( $ / N State border-control posts had been disrupted.40. Within the criminal proceedings, a logistics company brought a civil
claim against A.K., as the person who had incited the farmers to block the
: % & N Y < + C : % + % / < + C ) * % highway, seeking damages of LTL 1,100
(approximately EUR 290) for the loss allegedly incurred by it owing to the
blockading of that road.41. Several hearings, during which a number of witnesses testified, took
place before the Kaunas City District Court.42. On 29 September 2004 the Kaunas City District Court found the
applicants guilty of incitement to rioting or participating in them, under
Article 283 § 1 of the Criminal Code.43. In convicting B.M., the District Court relied on video-recordings of
the events, documentary evidence and the testimony of one witness. The
court concluded that B.M. had organised a gathering with the aim of
seriously breaching public order, namely by rioting. B.M. had been one of
the leaders of the farmers’ meeting on 16 May 2003, at which the farmers
AND OTHERS v. LITHUANIA JUDGMENT9 had decided to attempt to achieve their goals by organising protests next to
major highways. The District Court noted that B.M. had coordinated the
actions of the farmers and as a consequence, on 21 May 2003,
approximately 500 people had gone on to the ) / & ) # + C / % ) $ N - % highway and
had blocked it. As a result, traffic had been blocked until 23 May 2003. The
ensuing serious breach of public order had been deliberate and had to be
characterised as a riot. The District Court dismissed B.M.’s claim that he
and other farmers had acted out of necessity because the roadblock had been
their last opportunity to draw the government’s attention to their problems.
The farmers had had an alternative, namely, they could have brought
complaints before the administrative courts. The farmers had themselves
mentioned that alternative during the meeting of 16 May 2003 (see
paragraph 14 above). The District Court further noted that a person who
created a dangerous situation by his or her actions could only rely on the
defence of necessity when a dangerous situation arose through negligence
(Article 31 § 2 of the Criminal Code – see paragraph 65 below). However,
the actions of B.M. had been deliberate and it was therefore appropriate to
find him guilty of organising the riot.44. The District Court found it established, mainly on the basis of video-
recordings and documentary evidence, that A.K. had also organised a
gathering with the aim of seriously breaching public order. He had taken
part in the farmers’ meeting of 16 May 2003 and had known about the
decision to hold protests next to the roads. When a crowd of farmers had
blocked the : % & N Y < + C : % + % / < + C ) * % highway on 21 May 2003, public
order had been seriously breached. Traffic had been stopped on that part of
the road, causing inconvenience to drivers and goods carriers. The District
Court held that “during the blockade of 21 and 22 May, A.K. coordinated the actions of the crowd,
that is to say he gave orders that some of the vehicles should be let through, incited
[the farmers] to hold on and not to move away from the highway, was in contact with
the participants in the protests in the Kalvarija municipality and the / % ) $ N - % region,
[and] was negotiating with the authorities by mobile phone in the name of the
farmers”. The District Court emphasised that the farmers who had gathered
(approximately 250 people) “obeyed the actions of A.K. and followed his
orders”. For the District Court, the actions of A.K. were to be characterised
as organising a riot under Article 283 § 1 of the Criminal Code.45. On the basis of written evidence submitted by Linava, the District
Court also found that by organising the blockade of the : % & N Y < + C
Pasvalys-Riga highway, A.K. had caused pecuniary damage to three carrier
companies. As one of the carriers had submitted a civil claim for the sum of
LTL 1,100 (approximately EUR 290 – see paragraph 40 above), the District
Court deemed it proper to grant that claim.
10
AND OTHERS v. LITHUANIA JUDGMENT46. In finding V.M., K.M. and A.P. guilty of causing a serious breach of
public order during a riot, the District Court, on the basis of documentary
evidence, audio-visual material and the testimony of two witnesses,
established that on 21 May 2003 between 11.50 a.m. and 4.15 p.m. the three
of them had driven tractors onto the % # & % + C % ) 3 % ( $ / N C # % / 0 % ) highway
at the ninety-fourth kilometre. They had refused to obey lawful orders by
the police not to breach public order and not to park the tractors on the road
(ant važiuojamosios kelio dalies) and had kept the tractors there until 4.15
p.m. on 22 May 2003. As a consequence, and because about 1,500 people
had gathered on the road, the traffic had been blocked from the eighty-
fourth to the ninety-fourth kilometre of the % # & % + C % ) 3 % ( $ / N C # % / 0 % )
highway, traffic jams had occurred and the normal functioning of the
Kalvarija and Lazdijai border-control posts had been disrupted.47. The five applicants were each given a sixty-day custodial sentence
(baudžiamasis areštas ). The District Court also noted that all the applicants
had positive characteristics and that there were no circumstances
aggravating their guilt. Accordingly, there was reason to believe that the
aim of the punishment could be achieved without actually depriving them of
their liberty. Consequently, the District Court suspended the execution of
their sentences for one year. The applicants were ordered not to leave their
places of residence for more than seven days without the authorities’ prior
agreement. This measure was to last for one year, while execution of the
sentence was suspended.48. The District Court also acquitted, for lack of evidence, two other
individuals charged with organising the riots.
2. Appeal before the Kaunas Regional Court
49. On 18 October 2004 the applicants lodged an appeal with the
Kaunas Regional Court. They noted, inter alia, that another farmer, A.D.,
had been punished only under administrative law for an identical violation
(see paragraphs 34-35 above).50. The applicants further argued that in European Union member
States, roadblocks were accepted as a form of demonstration, and that the
right to demonstrate was guaranteed by Articles 10 and 11 of the
Convention. They referred, inter alia, to Article 2 of Council Regulation
(EC) No 2679/98 of 7 December 1998 (see paragraph 77 below) and to a
report of 22 March 2001 by the Commission of the European Communities
(COM(2001) 160) on the application of that Regulation, as well as to the
judgment of the Court of Justice of the European Communities (ECJ) in
Eugen Schmidberger, Internationale Transporte und Planzüge v. Austria
(see paragraphs 73-76 below).51. On 14 January 2005 the Kaunas Regional Court found that the
District Court had thoroughly and impartially assessed all the circumstances
of the case. The Regional Court observed that the offence of rioting
AND OTHERS v. LITHUANIA JUDGMENT11 endangered public order, public safety and public health, human dignity and
the inviolability of property. The objective aspect of the offence was the
organising of a gathering of people for a common goal – namely, to breach
public order – and the implementation of their decision which, in the instant
case, had been to organise the roadblocks. To constitute an offence, the
actions also had to be committed deliberately, that is to say, the persons
charged had to understand the unlawfulness of their behaviour. In relation to
B.M. and A.K., the Regional Court observed that during the demonstrations
the two applicants had told others that it had been decided to block the
roads. It had been established that B.M. and A.K. had understood that the
roadblocks would be illegal and that they had been warned about their
liability as organisers. Even so, they had continued to coordinate the
farmers’ actions and had insisted that the farmers maintain the roadblocks.
As a direct result of the actions of B.M. and A.K., on 21 May 2003 a crowd
had gone onto the highways and had blocked them, thereby stopping the
traffic and breaching the constitutional rights and liberties of others to move
freely and without restriction, causing damage to goods carriers and thus
seriously breaching public order.52. The Regional Court also shared the District Court’s conclusion as to
the reasonableness of convicting V.M., K.M. and A.P. It noted that by
driving tractors onto the highway, thus causing traffic congestion and
disturbing the work of the State border-control service, and by refusing to
obey lawful requests by the police not to park their tractors on the road, the
three applicants had seriously breached public order. The fact that after the
highway had been blocked the police and the drivers had negotiated with the
farmers, with the result that some of the drivers had been let through, did
not diminish the danger caused by the offence or its unlawfulness. The
Regional Court also emphasised that the blockading of a major highway had
had dangerous consequences and could not be considered to have been a
mere administrative-law offence such as a traffic violation. As to the
applicants’ argument that their offences were identical to that for which
another farmer, A.D., had been given a mere administrative sanction for a
traffic violation (see paragraph 49 above), the Regional Court indicated that
it was not an administrative tribunal and thus could not comment on the
administrative offence.53. While noting that the applicants had the right to freedom of
expression under Article 10 of the Convention, the Regional Court
nevertheless observed that such right was not without restrictions, should
the interests of public order and prevention of crime be at stake. Analogous
limitations to freedom of expression were listed in Article 25 of the
Lithuanian Constitution (see paragraph 61 below). On this issue, the
Regional Court emphasised that the behaviour of B.M. and A.K., in guiding
the actions of the other individuals involved in the protest, could not be
12
AND OTHERS v. LITHUANIA JUDGMENTregarded as a non-punishable expression of their opinion, because they had
breached public order, thus engaging criminal liability.54. The Regional Court further noted that the criminal offence had not
lost its element of danger to the public merely because the government had
refused to raise wholesale prices or had allegedly failed to take the
necessary action.
3. Appeal on points of law before the Supreme Court
55. On 2 March 2005 the applicants appealed on points of law.56. On 4 October 2005 the Supreme Court, composed of an enlarged
chamber of seven judges (see paragraph 70 below), dismissed the appeal. In
providing an explanation as to the substance of the offence of rioting, as
defined in Article 283 § 1 of the Criminal Code (see paragraph 62 below),
the Supreme Court referred to its classification as an offence against public
order, which was the objective aspect of the crime (nusikaltimo objektas). In
describing the scope of the offence, the aforementioned provision stipulated
the following features: the organisation of a gathering with the aim of
causing public violence, damaging property or otherwise breaching public
order, or the commission of those actions during a gathering. For the
Supreme Court, a riot was to be characterised as a situation where a
gathering of people deliberately and seriously breached public order, caused
public violence, or damaged property. The subjective aspect of the crime
was that of direct intent ( ) ' pasireiškia tiesiogine 8 ). The guilty
person had to (i) be aware that he or she was performing an action that was
listed as an offence in Article 283 § 1 of the Criminal Code; and (ii) wish to
act accordingly.57. Turning to the circumstances of the present case, the Supreme Court
found that the courts below had been correct in characterising the
applicants’ actions as falling under Article 283 § 1 of the Criminal Code. In
particular, the trial court had properly established all the prerequisites for
the application of Article 283 § 1, namely that there had been a crowd and
that public order had been breached by blocking the highways, stopping
traffic and disturbing the work of the State border-control service. The
applicants had been sentenced for their offences under a law in force at the
time they were committed and their sentences had been imposed in
accordance with the provisions of the Criminal Code. It followed that the
applicants’ convictions had been in accordance with the law and not in
breach of Article 7 § 1 of the Convention.58. The Supreme Court also stated that the applicants had not been
sentenced for expressing their opinion or imparting ideas, actions which
were protected by the guarantees of Article 10 § 1 of the Convention, but
for actions by which they had seriously breached public order.59. Lastly, the Supreme Court shared the Regional Court’s view that the
applicants could not be regarded as having acted out of necessity (see
AND OTHERS v. LITHUANIA JUDGMENT13 paragraph 54 above). The fall in milk purchase prices and other problems
with subsidies for agriculture had not constituted a clear or present danger to
property, because the property in question had not yet materialised. The
State had not deprived the applicants of their property, and their
dissatisfaction with the government’s agricultural policy had not justified
the acts for which the applicants had been convicted.60. By court rulings of 17, 18, 20, 21 October and 7 November 2005, the
Supreme Court discharged the applicants from their suspended sentences.
II. RELEVANT DOMESTIC LAW
A. The Constitution61. Articles 25 and 36 of the Constitution read as follows.
Article 25
“A natural person shall have the right to have his own convictions and to freely
express them.A natural person must not be hindered from seeking, receiving and imparting
information and ideas.Freedom to express convictions [and] to receive and impart information may not be
limited other than by law, if this is necessary to protect the health, honour and dignity,
private life and morals of a natural person, or to defend the constitutional order.Freedom to express convictions and to impart information shall be incompatible
with criminal actions, such as incitement to national, racial, religious, or social hatred,
violence and discrimination, [or] slander and disinformation. ...” Article 36 “Citizens may not be prohibited or hindered from assembling unarmed in peaceful
meetings. This right may not be limited other than by law and only when it is
necessary to protect the security of the State or society, public order, people’s health
or morals, or the rights and freedoms of others.”
B. The Criminal Code
62. On 25 October 2000 the Criminal Code was published in the Official
Gazette ( 9 # ' žinios) and it came into force on 1 May 2003.
Article 283 § 1 establishes criminal liability for rioting, which is categorised
as a public-order offence, and provides as follows.
Article 283 – Rioting
“A person who organises or provokes a gathering of people to commit public acts of
violence, damage property or otherwise seriously breach public order, or a person
who, during a riot, commits acts of violence, damages property or otherwise seriously
14
AND OTHERS v. LITHUANIA JUDGMENTbreaches public order, is liable to be sentenced to a short-term custodial sentence
[baudžiamasis areštas] or to imprisonment for up to five years.”63. Article 75 §§ 1 and 2 stipulates that if a person is sentenced to
imprisonment for a term not exceeding three years for the commission of
one or several minor or less serious premeditated offences, a court may
suspend the sentence for a period ranging from one to three years. The
sentence may be suspended when the court rules that there is a sufficient
basis for believing that the aim of the punishment will be achieved without
the sentence actually being served. When suspending execution of the
sentence, the court may order the convicted person not to leave his or her
place of residence for a period exceeding seven days without the prior
agreement of the authority supervising the execution of the judgment.64. Pursuant to Article 97, individuals convicted of a crime and whose
conviction has become final are regarded as offenders having a previous
conviction. Any person given a suspended sentence is considered as having
a previous conviction during the period of suspension of the sentence.65. Article 31 defines the concept of necessity ( # (
reikalingumas). It states that a person is not to be held criminally liable for
an act committed in an attempt to avert an immediate danger which
threatens him or her, other persons or their rights, or public or State
interests, where this danger could not have been averted by other means and
where the damage caused is less than the damage which it is intended to
avert. Nonetheless, a person who creates a dangerous situation by his or her
actions may only rely upon the defence of necessity when the dangerous
situation arose through negligence ( ' neatsargumo).
C. Code of Administrative Law Offences and Road Traffic
Regulations
66. Article 1241
of the Code of Administrative Law Offences at the
relevant time provided for administrative liability for a breach of traffic
regulations by drivers. The provision stipulated that a breach of the
regulations on how and when a driver could stop and park on highways
carried a fine ranging from LTL 100 to LTL 150 (approximately
EUR 30-45). Article 131 of the Code provided for administrative liability
for the non-observance by pedestrians of traffic signs, or for crossing or
walking on a carriageway. The offence was punishable by a fine of
LTL 30-50 (approximately EUR 8-15).67. The Road Traffic Regulations provide that pedestrians must walk on
the pavement and, if there is none, on the right side of the road in single file
(paragraph 81 of the Regulations).
AND OTHERS v. LITHUANIA JUDGMENT15 D. The Law on assembly68. In so far as relevant, the Law on assembly provides as follows.
Article 8 – Prohibited gatherings
“The following gatherings shall be prohibited, where their participants:...(2) drive vehicles in a way which causes a threat to road safety, endangers the
safety and health of the participants in a gathering and other persons, or breaches
public order and peace;...” Article 17 – Termination of a gathering on the initiative of the police “A gathering shall be terminated by the police officers whose duty it is to ensure
observance of the law during the course thereof, if, when publicly warned, the
organisers of or participants in the gathering:(1) commit a deliberate and gross breach of the procedure for organising gatherings
as laid down by the present Law ...(2) by making use of the opportunities afforded by a gathering, attempt to commit
or commit crimes against the independence, territorial integrity and constitutional
order of the State of Lithuania or other deliberate criminal acts against a person’s life,
health, freedom, honour and dignity, or against public safety, governance and public
order;(3) individually or by group actions disturb, or cause an actual threat to disturb,
traffic or the activities of State establishments, organisations and local authorities ...”69. Article 1887
of the Code of Administrative Law Offences provides:“Violation of the Law on Assembly shall carry a fine ranging from LTL 500 to
LTL 2,000 or result in administrative arrest of up to thirty days.Breaches of public order at other large-scale events shall carry a fine ranging from
LTL 100 to LTL 500.”
E. The Law on courts
70. The Law on courts at the material time provided that the Supreme
Court established uniform judicial practice in interpreting and applying laws
and other regulations. The Supreme Court also analysed the practice of
courts and gave recommendations to be followed. Depending on the
complexity of the case, the Supreme Court could decide cases in chambers
of three or seven judges or in plenary session (Articles 23, 27 and 36).
16
AND OTHERS v. LITHUANIA JUDGMENTIII. RELEVANT EUROPEAN UNION LAW AND PRACTICEA. Case-law of the ECJ1. The case of Commission of the European Communities v. France71. The ECJ examined the issue of obstruction to the free movement of
goods in Commission of the European Communities v. France (C-265/95,
judgment of 9 December 1997 – “the Commission case”), concerning
serious incidents which occurred in the south of France. Agricultural
products from Spain and Italy had been destroyed by French farmers and
acts of violence and vandalism had been committed in the relevant
wholesale and retail sectors. The ECJ emphasised that, in accordance with
the EC Treaty, the European internal market was characterised by the
abolition, between member States, of obstacles to the free movement of
goods. Article 30 of the Treaty prohibited, between member States,
quantitative restrictions on imports and all measures having equivalent
effect. Therefore, all barriers, whether direct or indirect, actual or potential,
to flows of imports in intra-Community trade had to be eliminated. Article
30, read in conjunction with Article 5 of the Treaty, also applied where a
member State abstained from adopting the measures required in order to
deal with obstacles to the free movement of goods which were not caused
by the State.72. The ECJ accepted that States enjoyed a margin of discretion in
determining what measures were more appropriate in this field. It was,
however, clear that the acts of violence committed in France against
agricultural products originating in other member States created obstacles to
intra-Community trade in those products. The incidents in issue had taken
place regularly for more than ten years; in certain cases the French
authorities had been warned of the imminence of demonstrations by
farmers, the disruption had continued for several hours and the acts of
vandalism, committed by persons whose faces were often not covered, had
been filmed by television cameras. In spite of this, only a very small number
of perpetrators had been identified and prosecuted. This was sufficient for
the ECJ to come to the conclusion that the measures adopted by the French
government were manifestly inadequate to ensure freedom of intra-
Community trade in agricultural products on its territory and that France
had failed to fulfil its obligations under Article 30, taken in conjunction with
Article 5 of the EC Treaty. This had created a climate of insecurity which
had had a deterrent effect on trade flow as a whole and the difficult situation
of French farmers could not justify a failure to apply Community Law
correctly, as it had not been shown that implementation of that law would
have posed a danger to public order with which the State could not cope. It
was true that the threat of serious disruption to public order might, in
AND OTHERS v. LITHUANIA JUDGMENT17 appropriate cases, justify non-intervention by the police; however, this
argument could have been put forward only with respect to a specific
incident, and not in a general way covering all the incidents in issue.
2. The case of Eugen Schmidberger, Internationale Transporte und
Planzüge v. Austria
73. In Eugen Schmidberger, Internationale Transporte und Planzüge v.
Austria, (C-112/00, judgment of 12 June 2003 – “the Schmidberger case”),
the ECJ gave a preliminary ruling on the interpretation of Articles 30, 34
and 36 (now Articles 34, 35 and 36 of the Treaty on the Functioning of the
European Union – TFEU), read together with Article 5 of the EC Treaty
(repealed and replaced in substance by Article 4 § 3 of the Treaty on
European Union – TEU) and on the conditions for liability of a member
State for damage caused to individuals by a breach of Community Law. The
case originated in the permission implicitly granted by the Austrian
authorities to an environmental group to organise a demonstration on the
Brenner motorway, the effect of which was to completely close that
motorway to traffic for almost thirty hours. In conjunction with a pre-
existing, national, generally applicable ban on holiday driving, this caused
the Brenner motorway (an essential intra-Community transit route) to be
closed to the majority of heavy goods traffic for four consecutive days, with
a short interruption of a few hours.74. After referring to the principles laid down in the Commission case
(see paragraphs 71-72 above) regarding the positive obligations of the
member States in this area, the ECJ held that the fact of not banning the
demonstration complained of amounted to a restriction of the free
movement of goods. It went on to consider whether the failure to impose a
ban could be objectively justified. It observed that the specific aims of the
demonstration were in themselves immaterial to establish the liability of the
member State under the EC Treaty, only the objective pursued by the
national authorities, namely respect for the fundamental rights of freedom of
expression and assembly, being relevant. Both the free movement of goods,
one of the fundamental principles of the EC Treaty, and the rights
guaranteed by Articles 10 and 11 of the Convention could be subject to
certain restrictions for overriding requirements relating to the public
interest. It remained to be ascertained whether the restrictions to the free
movement of goods tolerated by Austria were proportionate to the
legitimate objective pursued.75. In this connection the ECJ noted that the case in Schmidberger could
be distinguished from that in the Commission case in that: (a) the
demonstrators had requested an authorisation; (b) the obstacle to the free
movement of goods was limited geographically; (c) the aim of the
demonstrators was not to restrict trade in goods of a particular type or from
a particular source; (d) various administrative and supporting measures
18
AND OTHERS v. LITHUANIA JUDGMENT(publicity campaign, designation of various alternative routes, security
arrangements on the site of the demonstration) had been taken by the
competent authorities in order to limit as far as possible the disruption to
road traffic; and (e) the demonstration did not give rise to a general climate
of insecurity such as to have a dissuasive effect on intra-Community trade
flow as a whole. Under these circumstances, Austria was entitled to
consider that an outright ban on the demonstration would have constituted
unacceptable interference with freedom of peaceful assembly, and stricter
conditions concerning the site and/or the duration of the demonstration
could have been perceived as excessive restrictions. In this respect, the ECJ
stated as follows.“90. ... Whilst the competent national authorities must endeavour to limit as far as
possible the inevitable effects upon free movement of a demonstration on the public
highway, they must balance that interest with that of the demonstrators, who seek to
draw the aims of their action to the attention of the public.91. An action of that type usually entails inconvenience for non-participants, in
particular as regards free movement, but the inconvenience may in principle be
tolerated provided that the objective pursued is essentially the public and lawful
demonstration of an opinion.92. In that regard, the Republic of Austria submits, without being contradicted on
that point, that in any event, all the alternative solutions which could be countenanced
would have risked reactions which would have been difficult to control and would
have been liable to cause much more serious disruption to intra-Community trade and
public order, such as unauthorised demonstrations, confrontation between supporters
and opponents of the group organising the demonstration or acts of violence on the
part of the demonstrators who considered that the exercise of their fundamental rights
had been infringed.”76. The ECJ concluded that “the fact that the authorities of a Member State did not ban a demonstration in
circumstances such as those of the main case [was] not incompatible with Articles 30
and 34 of the [EC] Treaty, read together with Article 5 thereof”.B. Council Regulation (EC) No 2679/98
77. Article 2 of Council Regulation (EC) No 2679/98 of 7 December
1998 on the functioning of the internal market in relation to the free
movement of goods among the member States reads as follows:“This Regulation may not be interpreted as affecting in any way the exercise of
fundamental rights as recognised in Member States, including the right or freedom to
strike. These rights may also include the right or freedom to take other actions
covered by the specific industrial relations systems in Member States.”
AND OTHERS v. LITHUANIA JUDGMENT19 IV. COMPARATIVE LAW78. The Court has examined the regulations concerning the use of
vehicles to obstruct traffic in the context of public demonstrations in thirty-
five Council of Europe member States, namely Albania, Austria,
Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus,
the Czech Republic, Estonia, Finland, France, Georgia, Germany, Greece,
Hungary, Ireland, Italy, Latvia, Liechtenstein, Luxembourg, the Republic of
Moldova, Montenegro, Poland, Portugal, Romania, Russia, Serbia,
Slovakia, Slovenia, Switzerland, the former Yugoslav Republic of
Macedonia, Turkey, Ukraine and the United Kingdom.79. This comparative-law survey shows that, while the use of vehicles in
public demonstrations is generally not specifically regulated in the laws of
the member States, obstruction of traffic on the public highway by vehicles
or by other means is criminally punishable in the following ten countries:
Azerbaijan, Belgium, France, Greece, Ireland, Italy, Portugal, Romania,
Turkey and the United Kingdom. In the event of conviction, the guilty
person may be sentenced to imprisonment for different terms (minimum of
three months in Greece, up to one year in Italy, two years in France and
Romania, three years in Azerbaijan and Turkey, five years in Portugal, ten
years in Belgium) or to a fine (Ireland and the United Kingdom).80. A number of countries provide for criminal sanctions including
imprisonment in qualified situations where the obstruction of traffic entails
grave consequences, such as damage to property or to the life and physical
integrity of persons (for example, the Czech Republic, Georgia, Hungary,
the Republic of Moldova, Russia, Switzerland, the former Yugoslav
Republic of Macedonia and Ukraine) or if it involves certain examples of
reprehensible conduct, such as the use of threats or violence (Estonia and
Slovakia), a breach of the legal requirements for assembly (Cyprus), or the
disobeying or resisting of police orders (Austria). In Germany, in particular,
there is established case-law of the courts applying the offence of duress to
the blocking of streets by vehicles in the context of public demonstrations.81. Non-criminal sanctions for obstructing traffic in breach of road-
safety provisions or rules governing public assembly are provided for in the
laws of Bosnia and Herzegovina, Bulgaria, Croatia, Estonia, Finland,
Latvia, Luxembourg, the Republic of Moldova, Poland, Russia, Serbia,
Slovakia and Switzerland, where such breaches constitute a misdemeanour
or an administrative offence, punishable by a fine.
20
AND OTHERS v. LITHUANIA JUDGMENTTHE LAWI. ALLEGED VIOLATION OF ARTICLES 10 AND 11 OF THE
CONVENTION82. The applicants complained that their criminal conviction had
violated their rights to freedom of expression and freedom of peaceful
assembly, guaranteed by Articles 10 and 11 of the Convention respectively.The relevant parts of these provisions read as follows.
Article 10
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. ...2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.” Article 11 “1. Everyone has the right to freedom of peaceful assembly ...2. No restrictions shall be placed on the exercise of these rights other than such as
are prescribed by law and are necessary in a democratic society in the interests of
national security or public safety, for the prevention of disorder or crime, for the
protection of health or morals or for the protection of the rights and freedoms of
others. ...”83. The Government disputed this claim.84. The Court observes, firstly, that in their observations before the
Grand Chamber the applicants alleged, inter alia, that the Government’s
Agent who signed the referral request could not be deemed to be impartial,
as she was the Parliamentary Controller who, in 2004, had dealt with a
complaint from the farmers concerning some critical issues of agricultural
policy. However, they did not rely on any provision of the Convention or of
the Rules of Court, nor did they point to any specific fact or circumstance
which could be viewed as a shortcoming for the purposes of Rules 44A
(Duty to cooperate with the Court), 44B (Failure to comply with an order of
the Court), 44C (Failure to participate effectively) or 44D (Inappropriate
submissions by a party) of the said Rules or which otherwise calls into
question the conduct of the proceedings before the panel of five judges
which examined the Government’s request. In any event, pursuant to
Article 43 § 3 if, as here, the panel has “accept[ed] the request, the Grand
Chamber shall decide the case by means of a judgment” (emphasis added),
AND OTHERS v. LITHUANIA JUDGMENT21 it being foreseen that the panel’s decision is final and may not form the
subject of an appeal. The Court therefore sees no reason to deal with the
matter.85. The Court further notes that in relation to the same facts the
applicants relied on two separate Convention provisions: Article 10 and
Article 11 of the Convention. In the Court’s opinion, in the circumstances of
the present case, Article 10 is to be regarded as a lex generalis in relation to
Article 11, which is a lex specialis (see Ezelin v. France , 26 April 1991,
§ 35, Series A no. 202). The thrust of the applicants’ complaint is that they
were convicted for holding peaceful assemblies. The Court therefore finds
that the applicants’ complaint should be examined under Article 11 alone
(see Schwabe and M.G. v. Germany , nos. 8080/08 and 8577/08, § 101,
ECHR 2011; see also, mutatis mutandis, Galstyan v. Armenia ,
no. 26986/03, §§ 95-96, 15 November 2007, and Primov and Others
v. Russia, no. 17391/06, § 91, 12 June 2014).86. At the same time, notwithstanding its autonomous role and particular
sphere of application, Article 11 must also be considered in the light of
Article 10, where the aim of the exercise of freedom of assembly is the
expression of personal opinions (see Ezelin , cited above, § 37; Freedom and
Democracy Party (ÖZDEP) v. Turkey [GC], no. 23885/94, § 37, ECHR
1999-VIII; Fáber v. Hungary, no. 40721/08, § 41, 24 July 2012; and
Nemtsov v. Russia, no. 1774/11, § 62, 31 July 2014), as well as the need to
secure a forum for public debate and the open expression of protest (see Éva
Molnár v. Hungary, no. 10346/05, § 42, 7 October 2008).
A. Whether there has been an interference with the exercise of the
right to freedom of peaceful assembly
1. The parties’ submissions(a) The applicants87. The applicants argued that their conviction amounted to an
interference with their right to organise and take part in a peaceful
demonstration.
(b) The Government
88. Before the Chamber the Government submitted that there had not
been any interference with the applicants’ right to freedom of peaceful
assembly. They observed that the applicants and other participants had been
given permission to organise peaceful meetings. They had availed
themselves of that freedom and no one had been punished for that. The
applicants had not been convicted for exercising their right to freedom of
assembly, but rather for a serious breach of public order by organising riots.
22
AND OTHERS v. LITHUANIA JUDGMENT89. However, in their observations before the Grand Chamber, the
Government stated that they did not contest that there had been an
interference with the applicants’ right to freedom of peaceful assembly.
2. The Chamber judgment
90. The Chamber found that, even though they had been permitted to
exercise their right to peaceful assembly, the applicants had been convicted
of an offence in connection with their actions during a gathering which did
not involve any violence, a fact which had interfered with their Article 11
rights (see paragraph 67 of the Chamber judgment).
3. The Grand Chamber’s assessment(a) Applicability of Article 11 of the Convention91. The Court must first determine whether the facts of the present case
fall within the ambit of Article 11 of the Convention. It reiterates that the
right to freedom of assembly is a fundamental right in a democratic society
and, like the right to freedom of expression, is one of the foundations of
such a society. Thus, it should not be interpreted restrictively (see
Taranenko v. Russia, no. 19554/05, § 65, 15 May 2014). As such this right
covers both private meetings and meetings in public places, whether static
or in the form of a procession; in addition, it can be exercised by individual
participants and by the persons organising the gathering (see Djavit An v.
Turkey, no. 20652/92, § 56, ECHR 2003-III; Ziliberberg v. Moldova (dec.),
no. 61821/00, 4 May 2004; and Barraco v. France , no. 31684/05, § 41,
5 March 2009).92. Article 11 of the Convention only protects the right to “peaceful
assembly”, a notion which does not cover a demonstration where the
organisers and participants have violent intentions (see Stankov and the
United Macedonian Organisation Ilinden v. Bulgaria, nos. 29221/95 and
29225/95, § 77, ECHR 2001-IX). The guarantees of Article 11 therefore
apply to all gatherings except those where the organisers and participants
have such intentions, incite violence or otherwise reject the foundations of a
democratic society (see Sergey Kuznetsov v. Russia , no. 10877/04, § 45,
23 October 2008; Alekseyev v. Russia, nos. 4916/07 and 2 others, § 80,
21 October 2010; Fáber, cited above, § 37; Gün and Others v. Turkey, no.
8029/07, § 49, 18 June 2013; and Taranenko, cited above, § 66).93. In the present case, the Lithuanian courts established that some of
the farmers had used vehicles, especially tractors, to block the highways.
This is not contested by the applicants. However, the vehicles in issue had
not been used to cause bodily harm to the police officers or any members of
the public. Even though the farmers and lorry drivers had a few arguments,
more serious confrontations had been avoided (see paragraph 28 above).
Moreover, neither the applicants nor the other farmers were accused by the
AND OTHERS v. LITHUANIA JUDGMENT23 domestic authorities of having engaged in any specific act of violence or of
having any violent intentions.94. In this connection, it should be noted that an individual does not
cease to enjoy the right to freedom of peaceful assembly as a result of
sporadic violence or other punishable acts committed by others in the course
of the demonstration if the individual in question remains peaceful in his or
her own intentions or behaviour (see Ziliberberg , cited above). The
possibility of persons with violent intentions, not members of the organising
association, joining the demonstration cannot as such take away that right
(see Primov and Others, cited above, § 155). Even if there is a real risk that
a public demonstration might result in disorder as a result of developments
outside the control of those organising it, such a demonstration does not as
such fall outside the scope of paragraph 1 of Article 11, and any restriction
placed thereon must be in conformity with the terms of paragraph 2 of that
provision (see Schwabe and M.G. , cited above, § 103, and Taranenko, cited
above, § 66).95. The Court further notes that the farmers had been authorised to hold
peaceful assemblies and to display agricultural machinery. These gatherings
pursued a political aim and were meant to express political ideas, in
particular to contest the government’s policy and to obtain the granting of
subsidies in the agricultural sector.96. The demonstrations were held in the designated areas from 19 to
21 May 2003 (see paragraphs 19-20 above). On the latter date, the farmers
moved onto the highways and parked tractors there, thus blocking the three
major roads of the country and exceeding the scope of the permits issued by
the Lithuanian authorities.97. However, the applicants’ conviction was not based on any
involvement in or incitement to violence, but on the breach of public order
resulting from the roadblocks. The Court further observes that, in the
present case, the disruption of traffic cannot be described as a side-effect of
a meeting held in a public place, but rather as the result of intentional action
by the farmers, who wished to attract attention to the problems in the
agricultural sector and to push the government to accept their demands (see
also the arguments developed by the Court in paragraphs 169-75 below). In
the Court’s view, although not an uncommon occurrence in the context of
the exercise of freedom of assembly in modern societies, physical conduct
purposely obstructing traffic and the ordinary course of life in order to
seriously disrupt the activities carried out by others is not at the core of that
freedom as protected by Article 11 of the Convention (see, for instance,
Barraco, cited above, § 39, where the applicant’s conviction for his
participation in a traffic-slowing operation, consisting in a rolling barricade
of vehicles across several lanes of the motorway to slow down the traffic
behind, was held to be an interference with his Article 11 rights; see also
Lucas v. the United Kingdom (dec.), no. 39013/02, 18 March 2003,
24
AND OTHERS v. LITHUANIA JUDGMENTconcerning a demonstration during which a public road was blocked in
order to protest against the retention of a nuclear submarine, which was
considered to fall within the terms of Article 11; Steel and Others v. the
United Kingdom, 23 September 1998, § 92, Reports of Judgments and
Decisions 1998-VII, where the Court considered that the physical
impediment of activities – a hunt and the construction of a motorway – of
which the first and second applicants, respectively, disapproved, constituted
expressions of opinion within the meaning of Article 10; and Drieman and
Others v. Norway (dec.), no. 33678/96, 4 May 2000, where the Court
proceeded on the assumption that Articles 10 and 11 could be relied on by
Greenpeace activists who had manoeuvred dinghies in such a manner as to
obstruct whaling). This state of affairs might have implications for any
assessment of “necessity” to be carried out under the second paragraph of
Article 11.98. Nevertheless, the Court does not consider that the impugned conduct
of the demonstrations for which the applicants were held responsible was of
such a nature and degree as to remove their participation in the
demonstration from the scope of protection of the right to freedom of
peaceful assembly under Article 11 of the Convention. The Court also notes
that the Kaunas Regional Court accepted that the applicants enjoyed the
right to freedom of expression under Article 10 of the Convention (see
paragraph 53 above) and considers that there is no indication that the
applicants have undermined the foundations of a democratic society.99. This is sufficient for the Court to arrive at the conclusion that the
applicants are entitled to invoke the guarantees of Article 11, which is
therefore applicable in the present case.
(b) Existence of an interference
100. Secondly, the Court will establish whether the applicants’ right to
freedom of assembly has been interfered with. It reiterates that the
interference does not need to amount to an outright ban, legal or de facto,
but can consist in various other measures taken by the authorities. The term
“restrictions” in Article 11 § 2 must be interpreted as including both
measures taken before or during a gathering and those, such as punitive
measures, taken afterwards (see Ezelin , cited above, § 39; Kasparov and
Others v. Russia, no. 21613/07, § 84, 3 October 2013; Primov and Others ,
cited above, § 93; and Nemtsov, cited above, § 73). For instance, a prior ban
can have a chilling effect on the persons who intend to participate in a rally
and thus amount to an interference, even if the rally subsequently proceeds
without hindrance on the part of the authorities. A refusal to allow an
individual to travel for the purpose of attending a meeting amounts to an
interference as well. So too do measures taken by the authorities during a
rally, such as dispersal of the rally or the arrest of participants, and penalties
AND OTHERS v. LITHUANIA JUDGMENT25 imposed for having taken part in a rally (see Kasparov and Others, cited
above, § 84, with further references).101. The Court observes that in the present case the applicants were
permitted to exercise unhindered their freedom of peaceful assembly, not
only at the authorised locations, but also when the demonstrations moved
onto the public highways in breach of the terms of the authorisation granted.
Indeed, the gatherings, even when the demonstrators resorted to roadblocks,
were not dispersed by the police. However, the applicants were
subsequently convicted because of their role in the organisation and
implementation of the roadblocks during the latter part of the
demonstrations. As already indicated above, their conduct in this respect,
albeit reprehensible, was not deemed to have been violent in character. The
Court is therefore prepared to accept that the applicants’ conviction for their
participation in the demonstrations in issue amounted to an interference with
their right to freedom of peaceful assembly. In this connection, it is
noteworthy that before the Grand Chamber the Government did not dispute
the existence of an interference (see paragraph 89 above).102. Such interference will constitute a breach of Article 11 unless it is
“prescribed by law”, pursues one or more legitimate aims under paragraph 2
and is “necessary in a democratic society” for the achievement of the aim or
aims in question (see, among many other authorities, Vyerentsov v. Ukraine,
no. 20372/11, § 51, 11 April 2013, and Nemtsov, cited above, § 72).
B. Whether the interference was “prescribed by law”
1. The parties’ submissions(a) The applicants103. The applicants argued that their conviction under Article 283 § 1 of
the Criminal Code (see paragraph 62 above) had not been “prescribed by
law”. In particular, the notion of “serious breach of public order”, as
specified in the aforementioned provision, was not clearly defined and thus
could not legitimately be regarded as a feature characterising the criminal
offence in question. B.M. and A.K. insisted that they had not been convicted
and sentenced in accordance with the law, but rather for having expressed
their opinions at the farmers’ meeting and for defending those opinions
during a peaceful demonstration. The other three applicants – V.M., K.M.
and A.P. – claimed that they had been convicted merely for driving their
tractors onto the highway and parking them there, even though the highway
had already been blocked by the police and the farmers. Accordingly, the
criminal conviction had been an excessive measure and their actions should
have been treated as an administrative offence, in accordance with
Articles 1241
or 131 of the Code of Administrative Law Offences (see
26
AND OTHERS v. LITHUANIA JUDGMENTparagraph 66 above), as was the case for the farmer, A.D. (see paragraph 49
above).104. The applicants further noted that the Government had cited as a
precedent a “riot” which had taken place near the Parliament building (see
paragraph 191 below). However, in that case, as opposed to the present one,
the demonstrators had used violence, destroyed property and resisted the
police, causing them physical and moral harm. By contrast, the applicants’
intention had not been to use violence or to cause damage, but to
demonstrate for the social and financial needs of Lithuanian farmers.
(b) The Government
105. The Government submitted that any possible interference with the
applicants’ right to freedom of peaceful assembly had been prescribed by
law. The applicants had been convicted under Article 283 § 1 of the
Criminal Code, prescribing punishment for serious breaches of public order.
Referring to the Court’s judgment in Galstyan (cited above, § 107) and
taking into account the diversity inherent in public-order offences, the
Government considered that the domestic legal norm had been formulated
with sufficient precision (see also the arguments developed by the
Government under Article 7 of the Convention – paragraphs 188-91 below).106. The Government further disputed as unreasoned the applicants’
argument that their acts ought to have been classified as breaches of
administrative law. Administrative liability for parking agricultural vehicles
on the public highway and leaving them in a prohibited place could
hypothetically have been imposed on the applicants, pursuant to
Article 1241
or Article 131 of the Code of Administrative Law Offences
(see paragraph 66 above). However, the scope of the breach of
administrative law provided for in those provisions did not encompass the
applicants’ acts in the instant case. Firstly, the applicants had acted as part
of a crowd of people. Secondly, tractors had not only been parked and left
unattended, but had also been used to block a highway, thus threatening the
rights of others and the normal functioning of State institutions. Lastly, a
concrete result had been pursued – the roadblocks. Therefore, the
applicants’ intent had been to commit a serious breach of public order and
not merely to contravene a parking regulation.
2. The Chamber judgment
107. The Chamber proceeded on the assumption that the interference
was “prescribed by law” within the meaning of Article 11 § 2 of the
Convention (see paragraph 79 of the Chamber judgment).
AND OTHERS v. LITHUANIA JUDGMENT27 3. The Grand Chamber’s assessment(a) General principles108. The Court reiterates its case-law to the effect that the expressions
“prescribed by law” and “in accordance with the law” in Articles 8 to 11 of
the Convention not only requires that the impugned measure should have a
legal basis in domestic law, but also refers to the quality of the law in
question, which should be accessible to the person concerned and
foreseeable as to its effects (see, among other authorities, Rotaru v.
Romania [GC], no. 28341/95, § 52, ECHR 2000-V; VgT Verein gegen
Tierfabriken v. Switzerland , no. 24699/94, § 52, ECHR 2001-VI; ! 7 I v.
Poland, no. 26229/95, § 39, ECHR 2002-II; Maestri v. Italy [GC],
no. 39748/98, § 30, ECHR 2004-I; Vyerentsov, cited above, § 52; Gorzelik
and Others v. Poland [GC], no. 44158/98, §§ 64-65, ECHR 2004-I; and
Sindicatul J K cel Bun” v. Romania [GC], no. 2330/09, § 153, ECHR
2013).109. In particular, a norm cannot be regarded as a “law” unless it is
formulated with sufficient precision to enable the citizen – if need be, with
appropriate advice – to foresee, to a degree that is reasonable in the
circumstances, the consequences which a given action may entail (see, for
example, Djavit An, cited above, § 65). Experience shows, however, that it
is impossible to attain absolute precision in the framing of laws, particularly
in fields in which the situation changes according to the prevailing views of
society (see, among other authorities, Ezelin, cited above, § 45). In
particular, the consequences of a given action need not be foreseeable with
absolute certainty: experience shows this to be unattainable. Again, while
certainty is highly desirable, it may bring in its train excessive rigidity and
the law must be able to keep pace with changing circumstances.
Accordingly, many laws are inevitably couched in terms which, to a greater
or lesser extent, are vague and whose interpretation and application are
questions of practice (see, among other authorities, The Sunday Times v. the
United Kingdom (no. 1), 26 April 1979, § 49, Series A no. 30; Rekvényi v.
Hungary [GC], no. 25390/94, § 34, ECHR 1999-III; Ziliberberg, cited
above; Galstyan, cited above, § 106; and Primov and Others , cited above,
§ 125).110. The role of adjudication vested in the national courts is precisely to
dissipate such interpretational doubts as may remain; the Court’s power to
review compliance with domestic law is thus limited, as it is primarily for
the national authorities, notably the courts, to interpret and apply domestic
law (see Kruslin v. France , 24 April 1990, § 29, Series A no. 176-A; Kopp
v. Switzerland , 25 March 1998, § 59, Reports 1998-II; VgT Verein gegen
Tierfabriken, cited above, § 52; Mkrtchyan v. Armenia, no. 6562/03, § 43,
11 January 2007; and Vyerentsov, cited above, § 54). Moreover, the level of
precision required of domestic legislation – which cannot in any case
28
AND OTHERS v. LITHUANIA JUDGMENTprovide for every eventuality – depends to a considerable degree on the
content of the instrument in question, the field it is designed to cover and
the number and status of those to whom it is addressed (see Vogt v.
Germany, 26 September 1995, § 48, Series A no. 323, and Rekvényi , cited
above, § 34).
(b) Application of those principles to the present case
111. In the present case, the applicants’ conviction had a legal basis in
Lithuanian law, namely Article 283 § 1 of the Criminal Code, which
prescribes punishment for the offence of rioting (see paragraph 62 above).
While the Criminal Code was accessible, it remains to be ascertained
whether the application of this provision was foreseeable.112. Article 283 § 1 of the Criminal Code provides that imprisonment
for up to five years will be the sanction imposed on “a person who organises
or provokes a gathering of people to commit public acts of violence,
damage property or otherwise seriously breach public order, or a person
who, during a riot, commits acts of violence, damages property or otherwise
seriously breaches public order”. The domestic authorities did not accuse
the applicants of committing acts of violence or of damaging property. They
maintained, however, that the applicants had “otherwise seriously
breach[ed] public order”. In particular, on the basis of video-recordings,
documentary evidence and witness statements, the District Court found that
A.K. and B.M. had deliberately organised protests and coordinated the
actions of the farmers in order to block the roads (see paragraphs 43-44
above) and that the other applicants, V.M., K.M. and A.P., had driven
tractors onto the highway and parked them there and refused to obey lawful
orders by the police to stop doing so (see paragraph 46 above). These
findings were confirmed by the Kaunas Regional Court, which specified
that A.K. and B.M. had been warned about their liability as organisers and
had understood the unlawfulness of their actions (see paragraph 51 above).
Finally, the Supreme Court provided an explanation of the substance of the
offence punished under Article 283 § 1 of the Criminal Code, indicating,
inter alia, that a riot was a situation where a gathering of people deliberately
and seriously breached public order and that blocking the roads, stopping
the traffic and disturbing the work of the State border-control authority was
a means of causing such a breach (see paragraphs 56- 57 above).113. The Court acknowledges that, by its very nature, the concept of
“breach of public order” used in Article 283 § 1 of the Criminal Code is to a
certain extent vague. However, as ordinary life can be disrupted in a
potentially endless number of ways, it would be unrealistic to expect the
national legislator to enumerate an exhaustive list of illegitimate means for
achieving a particular aim. The Court therefore considers that the terms in
which Article 283 § 1 is formulated satisfy the qualitative requirements
emanating from its case-law.
AND OTHERS v. LITHUANIA JUDGMENT29 114. Moreover, the Court is of the opinion that the interpretation of this
provision given by the domestic courts in the present case was neither
arbitrary nor unpredictable, and that the applicants could have foreseen, to a
degree reasonable in the circumstances, that their actions as described
above, entailing long-lasting roadblocks with ensuing disruptions of
ordinary life, traffic and economic activities, could have been deemed to
amount to a “serious breach of public order” attracting the application of
Article 283 § 1 of the Criminal Code.115. This is not altered by the fact that Article 283 of the Criminal Code,
which was published on 25 October 2000, was applied for the first time in
the applicants’ case. It is true that the Criminal Code came into force on
1 May 2003 (see paragraph 62 above) and the conduct the applicants were
convicted of occurred between 21 and 23 May 2003, however, there must
come a day when a given legal norm is applied for the first time (see,
mutatis mutandis, and in relation to Article 7 of the Convention, Huhtamäki
v. Finland, no. 54468/09, § 51, 6 March 2012, with further references).116. In these circumstances, it should have been clear to the applicants
that disobeying the lawful orders of the police could engage their
responsibility.117. In passing, the Court also notes that the permits to hold peaceful
assemblies contained a warning regarding the possible liability of the
organisers under the Code of Administrative Law Offences and under the
Criminal Code, including Article 283 of the latter (see paragraphs 15-17
above). It is also to be noted that the police explicitly asked the
demonstrators to remove the roadblocks.118. In the light of the above, the Court concludes that the interference
complained of was “prescribed by law” within the meaning of Article 11 § 2
of the Convention.
C. Whether the interference pursued a legitimate aim and was
“necessary in a democratic society”
1. The parties’ submissions(a) The applicants119. The applicants argued that the government’s ongoing and deliberate
delay in regulating milk, grain and meat prices and its refusal to implement
Parliament’s resolution of 22 April 2003 allocating funds to the agricultural
sector (see paragraph 13 above) had put the farmers – and especially small
farmers – in a critical situation, as they were unable to cover their
production costs, were suffering losses and were sometimes compelled to
sell their livestock. The government’s inaction and its unilateral decision to
stop the negotiations with the farmers had significantly impoverished rural
areas. In the applicants’ opinion, the conduct for which they had been
30
AND OTHERS v. LITHUANIA JUDGMENTconvicted was deprived, given that background, of the objective and
subjective elements of criminal liability.120. The applicants considered that their decision to stage the
roadblocks had been as a last resort in order to defend their interests as
farmers. This was a form of demonstration accepted in Europe, in situations
where no other means of protecting the demonstrators’ rights existed. In
such circumstances, the right to freedom of peaceful assembly should have
prevailed over any resulting minimal disturbances to the free movement of
goods. In this connection, the applicants alleged that Council Regulation
(EC) No 2679/98 (see paragraph 77 above) recognised roadblocks as a form
of strike action.121. In accordance with that Regulation, before the roadblocks started
on 21 May 2003, the Lithuanian authorities had already known about the
farmers’ intention to demonstrate. Knowing that roadblocks were likely to
occur, the police had prepared action plans and alternative itineraries in the
vicinity of the demonstrations, thus reducing any possible disruption to the
flow of goods. The farmers themselves had foreseen measures, which were
fully implemented, to ensure that traffic was redirected onto secondary
roads. According to the applicants, on the critical days the flow of traffic
had been “even better than usual”. This was proven by the “data from posts
where the roadblocks took place”. The Government’s contention that further
damage could have been caused to public safety (see paragraph 189 below)
was pure speculation.122. The applicants also submitted that the demonstrations were
peaceful and that no incidents had taken place: public order had not been
breached, nor had there been any destruction of property belonging to others
or damage caused to health. On the contrary, the roadblocks had been
symbolic and aimed at attracting the government’s attention. B.M. and
A.K., who were respected by the farmers, had maintained order among the
demonstrators. Moreover, during the roadblocks, selected representatives of
the farmers were still negotiating with the government in order to reach a
compromise on milk prices. The farmers had acted calmly and had taken no
action that would require police special units or the army to intervene to
restrain them. Their intention was not to breach public order, but to
peacefully demonstrate for social justice. Only one lawsuit for civil damage,
in the amount of LTL 1,100 (approximately EUR 290), had been upheld by
a court (see paragraph 45 above). This amount was negligible when
compared to what was at stake for the farmers.123. By blocking the roads the farmers had in part obtained satisfaction
of their requests – the milk purchasing price and the compensatory
payments had been increased. The demonstration had ended as soon as the
government had agreed to grant subsidies.124. The applicants contended that the criminal proceedings against
them had been a clearly disproportionate and unnecessary measure.
AND OTHERS v. LITHUANIA JUDGMENT31 Restrictions of movement had been imposed upon them in 2003, when, as
suspects, four of them had been ordered not to leave their places of
residence (see paragraph 33 above). Later on, those measures had been
lifted. Subsequently, the Kaunas City District Court had imposed on the
applicants a custodial sentence. Even though the execution of the sentences
had been suspended, the applicants had not been able to leave their places of
residence without the authorities’ permission during the year in which the
suspended sentences had been in force (see paragraph 47 above).125. The applicants further challenged the relevance of the case-law
cited by the Government. They noted, in particular, that Éva Molnár, cited
above, concerned a demonstration which had not been authorised, about
which the police had not been informed and which had ended with acts of
violence and disruption to traffic and public order. Similarly, the
demonstration had not been authorised in Barraco, cited above, where the
putting in place of the roadblocks had been sudden and unexpected and
where before being charged the applicant had been requested to leave the
motorway several times. Concerning the case-law of the ECJ, the applicants
explained that in Schmidberger (cited above) the demonstration had lasted
for two days on the main trunk route along which no goods carriers could
pass, while the police had allegedly not taken any measures to ensure the
free movement of goods; in the Commission case (cited above) the
demonstrators had acted violently towards lorry drivers transporting
agricultural products from foreign countries. Conversely, in the present case
the roadblocks had been the result of a critical economic situation in the
country and of the government’s inaction.126. The applicants lastly considered that the Government had
exaggerated the consequences of the demonstrators’ actions, relying on
hypothetical speculations, and had failed to provide sufficient evidence to
support their conclusions. In reality, the domestic courts had ignored the
fact that permits to hold assemblies had been issued and that, when the
farmers had spontaneously gone onto the highways, the applicants had
coordinated their actions with the police in order to maintain, and not to
breach, public order.
(b) The Government
127. The Government maintained that the interference pursued the
legitimate aims of the “prevention of disorder” and the “protection of the
rights and freedoms of others”. Moreover, the sanctions imposed had
pursued not only the aim of discouraging reoffending, but also that of
ensuring respect for the law in general.128. With regard to the proportionality principle, the Government
submitted that in 2003 the situation of the Lithuanian dairy sector had
worsened, milk purchase prices had been reduced and farmers had become
increasingly worried. They had demanded an increase in milk purchase
32
AND OTHERS v. LITHUANIA JUDGMENTprices and had organised various actions. Following negotiations between
farmers, dairy processors and the government, between March and June
2003 the government had adopted a number of decisions providing
subsidies to milk producers in the sum of LTL 52,000,000 (approximately
EUR 15,067,000). The government had organised and participated in
meetings with the farmers’ representatives and had actively sought possible
solutions involving regulation of the dairy sector and of the milk market. In
spite of these efforts, the applicants had staged roadblocks, thus violating
the rights of other members of society.129. In the Government’s opinion, the applicants’ conviction for
organising or participating in a riot had been based on relevant and
sufficient reasons. The applicants’ incitement to block the roads and disobey
the lawful orders of the police had been duly taken into account. The
applicants had had a full and unhindered opportunity for several days to
exercise their freedom of peaceful assembly and to draw the attention of the
authorities and of society in general to the farmers’ problems. Nonetheless,
they had subsequently broken the law through their actions, which had
constituted a serious breach of public order, inflicting harm on other
persons, impairing the functioning of State institutions and creating a real
danger of greater harm. The applicants had been convicted for their actual
illegal behaviour, which had provoked general chaos in the country and not
mere disruption of traffic. In this respect, the present case could be
distinguished from that in Ezelin (cited above).130. In this connection, the Government noted that the blockading of the
three main trunk routes linking EU countries with their trading partners to
the east had gone beyond the “inevitable disruption of traffic” (see, by
contrast and a fortiori , Primov and Others, cited above, concerning the
blockading of the main road linking several mountain villages) and had
elicited a strong response in civil society and the mass media.131. The Government asserted that the applicants had not been
convicted for participating in the protests, but for specific criminal
behaviour during the demonstrations, which had restricted public life to a
greater extent than the exercise of freedom of peaceful assembly should
normally do. The roadblocks were not an immediate and spontaneous
response to a sudden event, overriding the obligation of prior notification.
Consequently, the mode of exercising their Article 11 rights chosen by the
applicants had shown a severe lack of respect for other members of society.132. The Government pointed out that the applicants had received only
the mildest of possible sanctions – a short custodial sentence – provided for
in Article 283 § 1 of the Criminal Code. Moreover, their punishment had
mainly had a moral force, given that the execution of their sentences had
been suspended for one year (see paragraph 47 above). It had therefore not
entailed any ban, even temporary, on the applicants’ continuing their
professional and political activities. One year after their conviction, the
AND OTHERS v. LITHUANIA JUDGMENT33 applicants had been discharged by the Supreme Court upon the expiry of the
term of their suspended sentences (see paragraph 60 above). Once
discharged the applicants were no longer regarded as convicted persons.
The obligation not to leave, without authorisation, their place of residence
for a period exceeding seven days (see paragraph 47 above) had been a
mere formality which had not created significant inconveniences for the
applicants’ daily life.133. The Government argued that the Court should not depart from its
precedent in Barraco (cited above), where no violation had been found and
where the traffic-slowing operation had lasted for only five hours on a
single road. They also pointed out that the authorities had not been in a
position to take preventive measures in order to limit as far as possible the
effects of the disruption to traffic. The fact that, several days before the
demonstration, the / % ) $ N - % regional police had accidentally learned about
the demonstrators’ intentions to block the roads could not be regarded as a
“decent notification” allowing the authorities to take appropriate measures.
Moreover, the % ) 3 % ( $ / N and Pasvalys regional police had remained
unaware of such intentions.134. The Government further referred to the case-law of the ECJ, which,
in the Schmidberger case (cited above), had affirmed the State’s duty to
keep major trunk routes open in order to ensure the free movement of goods
within the EU. It is true that in Schmidberger the ECJ found that, by
allowing the demonstration, Austria did not violate its obligations under the
Treaty; however, Schmidberger could be distinguished from the present
case for the timing of the demonstration (a bank holiday and the weekend,
and not normal working days), its location (only one highway was blocked),
the presence of a prior public warning (thirty days in advance) informing the
authorities of the roadblocks. Moreover, in the Commission case (cited
above) the ECJ had found that, by not preventing private individuals from
putting in place measures aimed at blocking free trade, the respondent State
had failed to meet its obligations.135. The Government also noted that at the time of the demonstrations
Lithuania was a candidate for EU membership, having signed an
Association Agreement with the EU, and had thus undertaken to
demonstrate its ability to comply on a political, legal and technical level
with EU standards and norms. The blockading of the country’s three main
trunk routes of international importance might well have amounted to a
restriction on the free movement of goods, and thus to a breach of EU law,
for which Lithuania could have been held liable.136. The Government finally relied on Guideline 3.5 of the Guidelines
on Freedom of Peaceful Assembly (second edition) prepared by the Panel of
Experts on the Freedom of Assembly of the Office for Democratic
Institutions and Human Rights of the Organization for Security and Co-
operation in Europe in consultation with the European Commission for
34
AND OTHERS v. LITHUANIA JUDGMENTDemocracy though Law (the Venice Commission) of the Council of Europe,
which read: “Public assemblies are held to convey a message to a particular target person, group
or organization. Therefore, as a general rule, assemblies should be facilitated within
‘sight and sound’ of their target audience.” In the present case, the demonstrators had already gained the attention of
the relevant State authorities, there was an ongoing dialogue between the
latter and the farmers, decisions in their favour had been issued and the
Ministry of Agriculture was constantly analysing the situation in the dairy
sector. Under these circumstances, the recourse by the demonstrators to
drastic measures such as unlawful roadblocks had been excessive and could
hardly be justified.137. In the light of the above, the Government considered that the
interference with the applicants’ Article 11 rights was proportionate to the
legitimate aims pursued and that the domestic authorities had not
overstepped their margin of appreciation.
2. The Chamber judgment
138. The Chamber found (see paragraphs 79-84 of the Chamber
judgment) that, even assuming that it pursued the legitimate aims of the
“prevention of disorder” and of the “protection of the rights and freedoms of
others”, the interference in issue was not proportionate for the following
reasons:(a) The farmers were granted permits to hold peaceful assemblies in
selected areas and, even though major disruptions of traffic were caused on
three main roads, any demonstration in a public place inevitably provoked a
certain level of disruption to ordinary life; the authorities were expected to
show tolerance in this regard.(b) Only one carrier company had sued the farmers for damages, and on
one road the demonstrators had let some vehicles pass through, including
goods vehicles as well as cars.(c) During the demonstrations there were ongoing negotiations between
the farmers and the government, the applicants showed flexibility and
readiness to cooperate with the other road users, and the element of violence
was “clearly absent”.(d) The Lithuanian courts had viewed the case in the context of a “riot”
and were thus not able to carry out a proper consideration of the
proportionality issue.(e) Another farmer (A.D.) who disrupted traffic during the same
demonstration was only charged with an administrative traffic offence and
was punished with a fine of approximately EUR 12; by way of contrast,
“the five applicants had to go through the ordeal of criminal proceedings,
and, as a result of criminal conviction, were given a custodial sentence”.
AND OTHERS v. LITHUANIA JUDGMENT35 Even though the execution of this penalty was suspended, for one whole
year the applicants could not leave their places of residence for more than
seven days without the authorities’ prior approval.139. In the light of the above, the Chamber found that there had been a
violation of Article 11 of the Convention.
3. The Grand Chamber’s assessment(a) Whether the interference pursued a legitimate aim140. The Court takes the view that the applicants’ conviction pursued
the legitimate aims of the “prevention of disorder” (see, mutatis mutandis,
Ziliberberg, cited above, Galstyan, cited above, § 110; Skiba v. Poland
(dec.), no. 10659/03, 7 July 2009; Rai and Evans v. the United Kingdom
(dec.), nos. 26258/07 and 26255/07, 17 November 2009; and Gün and
Others, cited above, § 59) and the “protection of the rights and freedoms of
others” (specifically, the right to move freely on public roads without
restriction, see, mutatis mutandis, Oya Ataman v. Turkey , no. 74552/01,
§ 32, ECHR 2006-XIV; and Barraco, cited above, § 40).141. It remains to be ascertained whether the interference complained of
was “necessary in a democratic society” for the achievement of those aims.
(b) Whether the interference was “necessary in a democratic society”(i) Principles in the Court’s case-law D ` H General142. The right to freedom of assembly, one of the foundations of a
democratic society, is subject to a number of exceptions which must be
narrowly interpreted and the necessity for any restrictions must be
convincingly established. When examining whether restrictions on the
rights and freedoms guaranteed by the Convention can be considered
“necessary in a democratic society” the Contracting States enjoy a certain
but not unlimited margin of appreciation (see Barraco, cited above, § 42). It
is, in any event, for the Court to give a final ruling on the restriction’s
compatibility with the Convention and this is to be done by assessing the
circumstances of a particular case (see Osmani and Others v. the former
Yugoslav Republic of Macedonia (dec.), no. 50841/99, ECHR 2001-X, and
Galstyan, cited above, § 114).143. When the Court carries out its scrutiny, its task is not to substitute
its own view for that of the relevant national authorities but rather to review
under Article 11 the decisions they took. This does not mean that it has to
confine itself to ascertaining whether the State exercised its discretion
reasonably, carefully and in good faith; it must look at the interference
complained of in the light of the case as a whole and determine, having
36
AND OTHERS v. LITHUANIA JUDGMENTestablished that it pursued a “legitimate aim”, whether it answered a
“pressing social need” and, in particular, whether it was proportionate to
that aim and whether the reasons adduced by the national authorities to
justify it were “relevant and sufficient” (see Coster v. the United Kingdom
[GC], no. 24876/94, § 104, 18 January 2001; Ashughyan v. Armenia,
no. 33268/03, § 89, 17 July 2008; S. and Marper v. the United Kingdom
[GC], nos. 30562/04 and 30566/04, § 101, ECHR 2008; Barraco, cited
above, § 42; and Kasparov and Others, cited above, § 86). In so doing, the
Court has to satisfy itself that the national authorities applied standards
which were in conformity with the principles embodied in Article 11 and,
moreover, that they based their decisions on an acceptable assessment of the
relevant facts (see Rai and Evans, cited above, and Gün and Others, cited
above, § 75; see also United Communist Party of Turkey and Others v.
Turkey, 30 January 1998, § 47, Reports 1998-I, and Gerger v. Turkey [GC],
no. 24919/94, § 46, 8 July 1999).144. The proportionality principle demands that a balance be struck
between the requirements of the purposes listed in paragraph 2 on the one
hand, and those of the free expression of opinions by word, gesture or even
silence by persons assembled on the streets or in other public places, on the
other (see Osmani and Others , cited above; Skiba, cited above; Fáber, cited
above, § 41; and Taranenko, cited above, § 65).145. Freedom of assembly as enshrined in Article 11 of the Convention
protects a demonstration that may annoy or cause offence to persons
opposed to the ideas or claims that it is seeking to promote (see Stankov and
the United Macedonian Organisation Ilinden, cited above, § 86). Any
measures interfering with freedom of assembly and expression other than in
cases of incitement to violence or rejection of democratic principles –
however shocking and unacceptable certain views or words used may
appear to the authorities – do a disservice to democracy and often even
endanger it (see Güneri and Others v. Turkey , nos. 42853/98 and 2 others,
§ 76, 12 July 2005; Sergey Kuznetsov, cited above, § 45; Alekseyev, cited
above, § 80; Fáber, cited above, § 37; Gün and Others, cited above, § 70;
and Taranenko, cited above, § 67).146. The nature and severity of the penalties imposed are also factors to
be taken into account when assessing the proportionality of an interference
in relation to the aim pursued (see Öztürk v. Turkey [GC], no. 22479/93,
§ 70, ECHR 1999-VI; Osmani and Others, cited above; and Gün and
Others, cited above, § 82). Where the sanctions imposed on the
demonstrators are criminal in nature, they require particular justification
(see Rai and Evans , cited above). A peaceful demonstration should not, in
principle, be rendered subject to the threat of a criminal sanction (see Akgöl
and Göl v. Turkey , nos. 28495/06 and 28516/06, § 43, 17 May 2011), and
notably to deprivation of liberty (see Gün and Others, cited above, § 83).
Thus, the Court must examine with particular scrutiny the cases where
AND OTHERS v. LITHUANIA JUDGMENT37 sanctions imposed by the national authorities for non-violent conduct
involve a prison sentence (see Taranenko , cited above, § 87).
D a H The requirement of prior authorisation
147. It is not, in principle, contrary to the spirit of Article 11 if, for
reasons of public order and national security, a High Contracting Party
requires that the holding of meetings be subject to authorisation (see Oya
Ataman, cited above, § 37; Bukta and Others v. Hungary, no. 25691/04,
§ 35, ECHR 2007-III; E Q R ) and Others v. Turkey, no. 25/02, § 48,
29 November 2007; Nurettin Aldemir and Others v. Turkey , nos. 32124/02
and 6 others, § 42, 18 December 2007; Éva Molnár , cited above, § 35;
Karatepe and Others v. Turkey, nos. 33112/04 and 4 others, § 46, 7 April
2009; Skiba, cited above; Çelik v. Turkey (no. 3) , no. 36487/07, § 90,
15 November 2012; and Gün and Others, cited above, §§ 73 and 80).
Indeed, the Court has previously considered that notification, and even
authorisation procedures, for a public event do not normally encroach upon
the essence of the right under Article 11 of the Convention as long as the
purpose of the procedure is to allow the authorities to take reasonable and
appropriate measures in order to guarantee the smooth conduct of any
assembly, meeting or other gathering (see Sergey Kuznetsov, cited above,
§ 42, and Rai and Evans, cited above). Organisers of public gatherings
should abide by the rules governing that process by complying with the
regulations in force (see Primov and Others, cited above, § 117).148. Prior notification serves not only the aim of reconciling the right of
assembly with the rights and lawful interests (including the freedom of
movement) of others, but also the aim of preventing disorder or crime. In
order to balance these conflicting interests, the institution of preliminary
administrative procedures appears to be common practice in member States
when a public demonstration is to be organised (see Éva Molnár, cited
above, § 37, and Berladir and Others v. Russia, no. 34202/06, § 42, 10 July
2012). However, regulations of this nature should not represent a hidden
obstacle to freedom of peaceful assembly as protected by the Convention
(see Samüt Karabulut v. Turkey, no. 16999/04, § 35, 27 January 2009, and
Berladir and Others, cited above, § 39).149. Since States have the right to require authorisation, they must be
able to impose sanctions on those who participate in demonstrations that do
not comply with such a requirement (see Ziliberberg; Rai and Evans ;
Berladir and Others , § 41; and Primov and Others , § 118, all cited above).
At the same time, the freedom to take part in a peaceful assembly is of such
importance that a person cannot be subject to a sanction – even one at the
lower end of the scale of disciplinary penalties – for participation in a
demonstration which has not been prohibited, so long as that person does
not himself commit any reprehensible act on such an occasion (see Ezelin ,
§ 53; Galstyan , § 115; and Barraco, § 44, all cited above). This is true also
38
AND OTHERS v. LITHUANIA JUDGMENTwhen the demonstration results in damage or other disorder (see Taranenko,
cited above, § 88).150. An unlawful situation, such as the staging of a demonstration
without prior authorisation, does not necessarily justify an interference with
a person’s right to freedom of assembly (see Cisse v. France , no. 51346/99,
§ 50, ECHR 2002-III; and Oya Ataman, § 39; Barraco, § 45; and Skiba, all
cited above). While rules governing public assemblies, such as the system
of prior notification, are essential for the smooth conduct of public
demonstrations, since they allow the authorities to minimise the disruption
to traffic and take other safety measures, their enforcement cannot become
an end in itself (see Primov and Others, cited above, § 118). In particular,
where demonstrators do not engage in acts of violence it is important for the
public authorities to show a certain degree of tolerance towards peaceful
gatherings if the freedom of assembly guaranteed by Article 11 of the
Convention is not to be deprived of all substance (see Oya Ataman, § 42;
Bukta and Others, § 37; Nurettin Aldemir and Others , § 46; Ashughyan ,
§ 90; Éva Molnár , § 36; Barraco, § 43; Berladir and Others , § 38; Fáber , §
47, all cited above; and T 5 v. Turkey, no. 42606/05, § 89, 23 July 2013; and
Kasparov and Others, cited above, § 91).151. The absence of prior authorisation and the ensuing “unlawfulness”
of the action do not give carte blanche to the authorities; they are still
restricted by the proportionality requirement of Article 11. Thus, it should
be established why the demonstration was not authorised in the first place,
what the public interest at stake was, and what risks were represented by the
demonstration. The method used by the police for discouraging the
protesters, containing them in a particular place or dispersing the
demonstration is also an important factor in assessing the proportionality of
the interference (see Primov and Others, cited above, § 119). Thus, the use
by the police of pepper spray to disperse an authorised demonstration was
found to be disproportionate, even though the Court acknowledged that the
event could have disrupted the flow of traffic (see Oya Ataman, cited above,
§§ 38-44).152. In Bukta and Others (cited above, §§ 35-36), the Court held that in
special circumstances where a spontaneous demonstration might be
justified, for example in response to a political event, to disperse that
demonstration solely because of the absence of the requisite prior notice,
without any illegal conduct on the part of the participants, might amount to
a disproportionate restriction on their freedom of peaceful assembly.153. The Court has also clarified that the principle established in Bukta
and Others cannot be extended to the point where the absence of prior
notification of a spontaneous demonstration can never be a legitimate basis
for crowd dispersal. The right to hold spontaneous demonstrations may
override the obligation to give prior notification of public assemblies only in
special circumstances, namely if an immediate response to a current event is
AND OTHERS v. LITHUANIA JUDGMENT39 warranted in the form of a demonstration. In particular, such derogation
from the general rule may be justified if a delay would have rendered that
response obsolete (see Éva Molnár, cited above, §§ 37-38, and Skiba, cited
above).154. Furthermore, it should be pointed out that even a lawfully
authorised demonstration may be dispersed, for example when it turns into a
riot (see Primov and Others, cited above, § 137).
D b H Demonstrations and disruption to ordinary life
155. Any demonstration in a public place may cause a certain level of
disruption to ordinary life, including disruption of traffic (see Barraco, cited
above, § 43; Disk and Kesk v. Turkey, no. 38676/08, § 29, 27 November
2012; and T 5 , cited above, § 89). This fact in itself does not justify an
interference with the right to freedom of assembly (see Berladir and Others,
cited above, § 38, and Gün and Others, cited above, § 74), as it is important
for the public authorities to show a certain degree of tolerance (see
Ashughyan, cited above, § 90). The appropriate “degree of tolerance”
cannot be defined in abstracto: the Court must look at the particular
circumstances of the case and particularly at the extent of the “disruption to
ordinary life” (see Primov and Others, cited above, § 145). This being so, it
is important for associations and others organising demonstrations, as actors
in the democratic process, to abide by the rules governing that process by
complying with the regulations in force (see Oya Ataman , cited above, § 38;
E Q R ) and Others, cited above, § 49; Éva Molnár, cited above, § 41;
Barraco, cited above, § 44; and Skiba , cited above).156. The intentional failure by the organisers to abide by these rules and
the structuring of a demonstration, or of part of it, in such a way as to cause
disruption to ordinary life and other activities to a degree exceeding that
which is inevitable in the circumstances constitutes conduct which cannot
enjoy the same privileged protection under the Convention as political
speech or debate on questions of public interest or the peaceful
manifestation of opinions on such matters. On the contrary, the Court
considers that the Contracting States enjoy a wide margin of appreciation in
their assessment of the necessity in taking measures to restrict such conduct
(see paragraph 97 above; see also, mutatis mutandis, Drieman and Others ,
cited above).157. Restrictions on freedom of peaceful assembly in public places may
serve to protect the rights of others with a view to preventing disorder and
maintaining an orderly flow of traffic (see Éva Molnár, cited above, § 34).
Since overcrowding during a public event is fraught with danger, it is not
uncommon for State authorities in various countries to impose restrictions
on the location, date, time, form or manner of conduct of a planned public
gathering (see Primov and Others, cited above, § 130).
40
AND OTHERS v. LITHUANIA JUDGMENT D c H The State’s positive obligations under Article 11 of the Convention158. States must not only refrain from applying unreasonable indirect
restrictions upon the right to assemble peacefully but also safeguard that
right. Although the essential object of Article 11 is to protect the individual
against arbitrary interference by public authorities with the exercise of the
rights protected (see Associated Society of Locomotive Engineers and
Firemen (ASLEF) v. the United Kingdom, no. 11002/05, § 37, 27 February
2007, and Nemtsov , cited above, § 72), there may in addition be positive
obligations to secure the effective enjoyment of these rights (see Djavit An,
cited above, § 57; Oya Ataman, cited above, § 36; and Gün and Others ,
cited above, § 72).159. The authorities have a duty to take appropriate measures with
regard to lawful demonstrations in order to ensure their peaceful conduct
and the safety of all citizens (see Oya Ataman, cited above, § 35;
Makhmudov v. Russia, no. 35082/04, §§ 63-65, 26 July 2007; Skiba, cited
above; and Gün and Others , cited above, § 69). However, they cannot
guarantee this absolutely and they have a wide discretion in the choice of
the means to be used (see Protopapa v. Turkey, no. 16084/90, § 108,
24 February 2009). In this area the obligation they enter into under
Article 11 of the Convention is an obligation as to measures to be taken and
not as to results to be achieved (see Plattform “Ärzte für das Leben” v.
Austria, 21 June 1988, § 34, Series A no. 139, and Fáber, cited above,
§ 39).160. In particular, the Court has stressed the importance of taking
preventive security measures such as, for example, ensuring the presence of
first-aid services at the site of demonstrations, in order to guarantee the
smooth conduct of any event, meeting or other gathering, be it political,
cultural or of another nature (see Oya Ataman, cited above, § 39)
(ii) Application of these principles to the present case D ` H The prior authorisation of peaceful assembly161. The Court observes that in the present case the farmers had been
authorised to demonstrate in designated locations. In particular, in May
2003 the Kalvarija municipality issued a permit to hold peaceful assemblies
in Kalvarija town “near the marketplace” from 8 a.m. to 11 p.m. between
13 and 16 May 2003, from 8 a.m. to 3 p.m. on 17 May 2003 and from
8 a.m. to 11 p.m. on 19-20 May 2003. Similar permits were issued for 21 to
23, 24 and 26 to 30 May (see paragraph 15 above). On 8 May 2003 the
Pasvalys municipality issued a permit to hold a demonstration for ten days
from 15 to 25 May 2003 “in the car park at the sixty-third kilometre of the
Via Baltica highway and next to that highway” (see paragraph 16 above).
Finally, on 19 May 2003, the / % ) $ N - % municipality issued a permit to hold
an assembly in an “area in Divupiai village next to, but not closer than
AND OTHERS v. LITHUANIA JUDGMENT41 twenty-five metres from, the ) / & ) # + C / % ) $ N - % highway” from 11 a.m. to
11 p.m. between 19 and 25 May 2003 (see paragraph 17 above).162. The Lithuanian authorities had thus given an explicit prior
authorisation for the gatherings (see, by contrast, Ziliberberg ; Oya Ataman,
§§ 38-39; Bukta and Others, § 34; Éva Molnár, §§ 40-41; Skiba; Rai and
Evans; Gün and Others, § 77; and Primov and Others , §§ 121-28, all cited
above). The farmers’ demonstrations cannot thus be considered unlawful for
failure to comply with the relevant domestic procedure preceding the
holding of the meetings.163. It is also to be noted that from 19 May until midday on 21 May
2003, the farmers gathered in the designated areas and were able to
demonstrate peacefully without any interference by the authorities (see
paragraph 19 above).
D a H The conduct of the applicants and of the other demonstrators from 21 to
23 May 2003 and its consequences
164. However, at around midday on 21 May 2003, following a
stagnation of the negotiations with the government, the farmers decided to
move the gatherings from the designated areas onto the neighbouring roads,
notably the ) / & ) # + C / % ) $ N - % highway, the : % & N Y < + C : % + % / < + C ) * %
highway, and the % # & % + C % ) 3 % ( $ / N C # % / 0 % ) highway (see paragraph 20
above). As indicated by the Government and not contested by the
applicants, these were the country’s three major highways. Moreover,
between 3 and 4.30 p.m. on 21 May 2003, the third, fourth and fifth
applicants drove tractors onto the % # & % + C % ) 3 % ( $ / N C # % / 0 % ) highway
and left them there, thus obstructing the flow of traffic (see paragraph 21 (c)
above).165. In the Court’s opinion, the moving of the demonstrations from the
authorised areas onto the highways was a clear violation of the conditions
stipulated in the permits. This action was taken without any prior notice to
the authorities and without asking them to amend the terms of the permits.
The applicants could not have been unaware of those requirements.166. Nor does it even appear – albeit that this is not a decisive
consideration in the kind of situation at hand – that the farmers’ actions
overstepping the limits of the permits to demonstrate were justified by a
need for an immediate response to a current event (see, in particular and
mutatis mutandis, the case-law cited in paragraphs 152 -53 above). The
Court notes that the problems in the agricultural sector and the fall in the
wholesale prices of agricultural products were an ongoing situation and the
farmers’ dissatisfaction continued as the government failed in their view to
implement Parliament’s resolution of 22 April 2003 (see paragraph 13
above). The situation at the heart of the conflict was well known to the
applicants and to the authorities even before the issuance of the permits to
42
AND OTHERS v. LITHUANIA JUDGMENThold assemblies. There is nothing to suggest that a sudden political event,
calling for an immediate reaction, occurred on or around 21 May 2003.167. In view of the above, the Court considers that the unauthorised
roadblocks were not justified by a current event warranting an immediate
response (see Éva Molnár , cited above, § 38, and Skiba, cited above; see
also, conversely and mutatis mutandis, Bukta and Others, cited above, § 36,
where a demonstration was held as a spontaneous protest against the
Hungarian Prime Minister’s participation in a reception organised by the
Romanian Prime Minister).168. As to the applicants’ contention that the roadblocks were a last-
resort measure taken in a situation of serious financial difficulties to protect
their legitimate interests (see paragraphs 119-20 above), the Court has no
reason to question the assessment of the domestic courts that the farmers
had had at their disposal alternative and lawful means to protect their
interests, such as the possibility of bringing complaints before the
administrative courts (see paragraph 43 above).169. The Court further sees no reason to doubt the domestic courts’
findings to the effect that the applicants were aware that the moving of the
demonstration from the authorised locations onto the highways and the
parking of the tractors on the % # & % + C % ) 3 % ( $ / N C # % / 0 % ) highway would
provoke a major disruption to traffic. Having examined the material at their
disposal, the domestic courts and the Kalvarija and Pasvalys police (see
paragraphs 28 and 30 above) came to the conclusion that the roadblocks had
created a significant inconvenience for the flow of goods vehicles and
private cars, with ensuing traffic jams and long queues of vehicles. These
lasted for more than forty-eight hours, as the roadblocks were lifted only on
23 May 2003. It is not normally within the province of the European Court
to substitute its own assessment of the facts for that of the domestic courts
and, as a general rule, it is for these courts to assess the evidence before
them (see, inter alia, Edwards v. the United Kingdom , 16 December 1992,
§ 34, Series A no. 247-B; Vidal v. Belgium, 22 April 1992, §§ 33-34,
Series A no. 235-B; and Klaas v. Germany , 22 September 1993, § 29,
Series A no. 269). No material has been adduced before this Court which
could call into question the findings of the national courts and add weight to
the applicants’ allegations before the Court, disputed by the Government,
that on the critical days the flow of goods had been “even better than usual”
(see paragraphs 24 and 121 above).170. As already pointed out in paragraph 97 above, the disruption to
ordinary life and traffic was not a side-effect of a demonstration held in a
public place. As long as the demonstrations took place in the designated
locations, the flow of traffic was not affected. The decision of the farmers to
move onto the highways and to use the tractors co