18
KABLIS v. RUSSIA JUDGMENT
situations regardless of the individual facts of each case, even if this might
result in individual hard cases (see Animal Defenders International v. the
United Kingdom [GC], no. 48876/08, § 106, ECHR 2013 (extracts)).
However, a general ban on demonstrations can only be justified if there is a
real danger of their resulting in disorder which cannot be prevented by other
less stringent measures. In this connection, the authority must take into
account the effect of a ban on demonstrations which do not by themselves
constitute a danger to public order. Only if the disadvantage of such
demonstrations being caught by the ban is clearly outweighed by the
security considerations justifying the issue of the ban, and if there is no
possibility of avoiding such undesirable side effects of the ban by a narrow
circumscription of its scope in terms of territorial application and duration,
can the ban be regarded as being necessary within the meaning of
Article 11 § 2 of the Convention (see Christians against Racism and
Fascism v. the United Kingdom, no. 8440/78, Commission decision of
16 July 1980).
55. No arguments regarding risk of public disorder or security
considerations have ever been advanced to justify the general ban on
holding public events in Stefanovskaya Square. Indeed, the regional law
establishing that ban simply paraphrased the Public Events Act – stating that
the holding of public events there might result in disruptions in the
functioning of public utilities, transport, social or communications services
and the obstruction of pedestrians or traffic or the hindering of citizens’
access to residential buildings or transport and social services. It is
significant that neither the regional law itself, nor any other legal provision
or judicial interpretation explained which of the above circumstances were
relevant to Stefanovskaya Square and why. In any event, the Court has
already found that such reasons were not in themselves sufficient to justify a
general ban on holding public events at a certain location (see paragraph 53
above).
56. Nor has any explanation been given as to why a general ban was a
more feasible means of achieving the aim of preventing serious disruptions
of people’s ordinary life than a provision allowing a case-by-case
examination, taking account of the possibility of minimising such
disruption, for example by organising a temporary diversion of traffic on
alternative routes or by taking other similar measures, and at the same time
accommodating the organisers’ legitimate interests in assembling at their
chosen location. Furthermore, it was never argued that the general ban could
not be relaxed without a risk of abuse, significant uncertainty,
discrimination or arbitrariness. Lastly, the general ban is not limited in time
and applies to all public events, irrespective of the number of participants
and the event’s potential to cause disruptions of people’s ordinary life. The
general ban at issue is therefore not specifically circumscribed to address a
precise risk of serious disruption with a minimum impairment of the right to