16
KABLIS v. RUSSIA JUDGMENT
48. The Government submitted that the interference with the applicant’s
rights had been lawful, had pursued a legitimate aim and had been
proportionate to that aim. The domestic legal provisions governing the
notification and conduct of public events struck a fair balance between the
interests of the organisers of and participants in such events on the one
hand, and, on the other hand, of all others – in particular, by providing for
adequate measures to prevent and punish infringements of public order and
public safety.
49. The Government further submitted that the Public Events Act set out
a list of locations where the holding of public events was prohibited (for a
summary of the domestic law provisions, see Lashmankin and Others, cited
above, § 223). That prohibition was justified by the special legal regime
pertaining to those locations and the need to ensure their security. In
particular, referring to a decision of 29 May 2007 by the Constitutional
Court (for a summary of the domestic law provisions, see Lashmankin and
Others, cited above, § 253), the Government argued that the aim of the
prohibition on holding public events in the vicinity of court buildings was to
protect the independence of the judiciary and to prevent pressure being put
on judges. The restriction was therefore justified, and did not breach
citizens’ constitutional rights. The perimeter of the zone in the vicinity of
the Constitutional Court of the Komi Republic had been determined by
Syktyvkar town administration’s decree no. 9/3483 of 4 September 2013
(see paragraph 35 above); the location chosen by the applicant had been
within that perimeter. The domestic authorities had therefore proposed that
he change the location of his event to one of the specially designated
locations for holding public events. The applicant had not discharged the
burden of proof to show that those locations had been unsuitable for his
purposes: they had been within the town of Syktyvkar, open to the public
and large enough to accommodate high numbers of participants. The
Government pointed out that public events had been regularly held at the
specially designated locations in Syktyvkar. They produced copies of
ninety-one notifications of public events lodged by the followers of the
Vedic culture, as well as a dozen notifications lodged by other associations,
to be held in the specially designated locations. The applicant had himself
held a public event there in July 2016 after the town administration had
proposed one of the specially designated locations for a meeting planned by
him.
2. The Court’s assessment
50. It has not been disputed between the parties that the proposal to
change the location of the applicant’s public event amounted to an
interference with his right to freedom of peaceful assembly (see Lashmankin
and Others, cited above, §§ 404-09). It remains to be ascertained whether
the interference was “prescribed by law”, pursued one or more legitimate