KABLIS v. RUSSIA JUDGMENT
31
chosen by the applicant, which the Court has found to be contrary to the
Convention (see paragraph 59 above) – rather than on the grounds that the
event in question presented a risk of public disorder or crime or a risk to
public safety or the rights of others. Thirdly, the impugned Internet posts
did not contain any calls to commit violent, disorderly or otherwise
unlawful acts during the public event. Fourthly, only about fifty people were
expected to attend the public event (see paragraph 7 above) and, as asserted
by the applicant and not contested by the Government, the chosen location
was closed to traffic (see paragraph 46 above). In view of the event’s
location, small size and peaceful character, there is no reason to believe that
it would have been necessary for the authorities to intervene to guarantee its
smooth conduct and the safety of the participants and passers-by, for
example by diverting traffic. Lastly, as noted above, the applicant explicitly
and clearly stated on his blog that the public event had not been duly
approved. He did not therefore try to mislead prospective participants by
making them believe that they were going to participate in a lawful event.
105. It follows that the breach of the procedure for the conduct of public
events in the present case was minor and did not create any real risk of
public disorder or crime. Nor did it have a potential to lead to harmful
consequences for public safety or the rights of others. In such circumstances
the Court is not convinced that there was “a pressing social need” to apply
prior restraint measures and to block access to the impugned Internet posts
calling for participation in that event and thereby expressing an opinion on
an important matter of public interest.
106. Having regard to the above considerations and its case-law on the
subject, the Court finds that the domestic law lacks the necessary guarantees
against abuse required by the Court’s case-law for prior restraint measures.
It also finds that the standards applied by the domestic courts were not in
conformity with the principles embodied in Article 10 and that the courts
did not provide “relevant and sufficient” reasons for the interference with
the applicant’s right to freedom of expression.
107. There has therefore been a violation of Article 10 of the
Convention.
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
108. Article 41 of the Convention provides: