Постановление Европейского суда по правам человека от 21.10.2010 «Дело Алексеев (Alekseyev) против России» [англ.]

society by advocating the ideas of tolerance and respect for the rights of the lesbian and gay population.
66. He further contested the aims of protection of public safety and prevention of disorder because the planned marches and picketing had been intended to be strictly peaceful and orderly events by themselves. As regards the potential riots to be caused by the counter-demonstrators, the Government had not at any stage assessed the scale of possible clashes with the events' opponents and therefore their argument of inability to provide sufficient protection to the gay parades was unsubstantiated. In the three reference years the applicant had submitted numerous applications suggesting different formats and venues for the events, and the authorities had never given reasons as to why it was not possible to make security arrangements for any of them.
67. Finally, the applicant contended that the ban imposed on the events throughout the reference period had not been necessary in a democratic society. He referred to the Court's established case-law, stating that the mere possibility of confusing and even shocking part of society could not be regarded as a sufficient ground for such a sweeping measure as a total ban on the events in question (he referred to {Baczkowski} and Others v. Poland, No. 1543/06, § 64, ECHR 2007-VI). He submitted that the measure repeatedly taken in the present case was gravely disproportionate to the aims allegedly pursued by the authorities and was incompatible with the notion of a democratic society which was "pluralistic, tolerant and broadminded" (ibid., § 63). He argued that the authorities had failed even to attempt to comply with their obligation under Article 11 to take reasonable and appropriate measures to enable lawful demonstrations to proceed peacefully. They had banned the events, which in their view were likely to be attacked, instead of protecting them. Moreover, they had endorsed the disapproval expressed by the events' opponents, claiming that they were immoral and thus depriving the minority of a lawful right to hold a peaceful demonstration, a right that was inherent in a society striving to be democratic.

2. The Court's assessment

68. The Court observes that the Moscow authorities imposed a ban on the Pride March and picketing in 2006, 2007 and 2008 and enforced the ban by dispersing events held without authorisation and by finding the applicant and other participants who had breached the ban guilty of an administrative offence. There is accordingly no doubt that there has been an interference with the exercise of the applicant's freedom of peaceful assembly guaranteed by Article 11 § 1 of the Convention. In fact, the existence of the interference in the present case is not in dispute between the parties.
69. The Court further notes that the parties disagreed as to whether the Moscow authorities' acts were prescribed by law. They also disagreed as to whether the interference served a legitimate aim. However, the Court may dispense with ruling on these points because, irrespective of the aim and the domestic lawfulness of the ban, it fell short of being necessary in a democratic society, for the reasons set out below. To the extent that these issues are relevant to the assessment of the proportionality of the interference they will be addressed in paragraphs 78 - 79 below (see Christian Democratic People's Party v. Moldova, No. 28793/02, § 53, ECHR 2006-II).
70. In so far as the proportionality of the interference is concerned, the Court observes that the relevant principles were set out in its judgment in {Baczkowski} and Others (cited above):
"61. As has been stated many times in the Court's judgments, not only is democracy a fundamental feature of the European public order but the Convention was designed to promote and maintain the ideals and values o



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