In response to requests by non-governmental organizations and media, the Human Rights Monitoring Institute within the context of recent events has issued an explanatory note on basic aspects of the right to peaceful assembly.
Recently, trade unions and non-governmental organizations have organized a number of public protests against the government's measures to overbear the economic crisis. Actions of municipalities considering notices of the organizers, as well as actions of police dealing with the unrest during the public demonstration in front of the Parliament (Seimas) on the 16 of January and the following police investigation has triggered interest and public discussions on the content and limits of the right to peaceful assembly, and the rights and obligations of the organizers, participants and the government.
Human Rights Monitoring Institute notes that the right to peaceful assembly is one of the vital political rights in a democracy; therefore legal practice interprets this right broadly, whereas exceptional restrictions of this right are interpreted narrowly.
In the case law of the European Court of Human Rights the right to peaceful assembly is understood as covering the organization of any peaceful gathering – public and private, formal and informal – meeting, demonstration, procession, picket, sit-ins etc. and participation in them without any hindrance. The State has an obligation to refrain from prohibition and interference in a peaceful assembly, and, if necessary, to take positive measures to ensure that organizers and participants are able to exercise this right safely.
In exceptional cases, according to the law and pursuing legitimate aims listed in relevant legislation (the Constitution of the Republic of Lithuania, the European Convention on Human Rights, etc.) this right might be restricted. However, the state must prove that the restriction is necessary in a democratic society and restrictive measures are proportionate to pursued aims. In no circumstances can restriction of peaceful assembly deny the nature and essence of the right.
It is important to note that the right to peaceful assembly does not cover violent meetings. However, in the absence of evidence that the intentions of the organizers are not peaceful, generally the meeting cannot be prohibited, despite that there is a possibility of unrest or violent actions during the meeting. In order to decide whether the meeting is (was or will be) peaceful the key issue is the intentions of the organizers and not the result.
If state officials suspect that the side-effect of a peaceful assembly might be unrest, State must take adequate measures to secure safety of the participants of a peaceful meeting, and to ensure efficient investigation. Measures undertaken to suppress unrest must be proportionate.
See the full text (in Lithuanian) in the section Public Statements (Viešieji pareiškimai).
© 2012 Human Rights Monitoring Institute