Judgment concerning Switzerland
In the case of Batou v. Switzerland the Court held that there had been a violation of the right to freedom of assembly and association.
The case concerned the applicant’s conviction, in her capacity as organiser of a demonstration on International Women’s Day in 2019, for failure to comply with the conditions laid down for the holding of that demonstration. The domestic courts had found that the security team set up by the applicant had been ineffective in the face of disruptions caused by the demonstrators.
In the specific context of the responsibility which an event organiser could reasonably be required to assume, the Court was of the view that the fact of having been “overwhelmed by the burden” of that responsibility could not be seen as a reprehensible act. Having regard to the absence of any reprehensible acts on the applicant’s part, and given the fact that the demonstration had not caused any significant disruption or danger, the Court considered that the applicant’s conviction – even though the amount of the fine imposed had been minimal – had not been proportionate to the legitimate aim referred to by the Swiss courts. Further, it could have a “chilling effect”. The interference complained of had therefore not been “necessary in a democratic society”.