8.3 As regards the alleged violation of article 15
of the Covenant, the author refers to her earlier
submissions and maintains that applying ex analogia
the Act on Public Meetings to a demonstration such
as the one organized by the author is in violation of
article 15 of the Covenant. In this context, the author
submits that the State party's argument that article 21
of the Covenant does not include a reference to
demonstrations either is irrelevant, since article 15
only prohibits analogous interpretation to the
disadvantage of an accused in criminal procedures.
their exercise of the right to freedom of assembly. In
this context, the State party contends that, when a
foreign head of State is involved, it is of utmost
practical importance that the police be notified prior
to the event.
7.8 The State party argues that the right of public
assembly is not restricted by the requirement of a
prior notification to the police. In this connection, it
refers to jurisprudence of the European Court of
Human Rights. The State party emphasizes that the
prior notification is necessary to guarantee the
peacefulness of the public meeting.
8.4 The author challenges the State party's
contention that it should have been evident to the
author that she was under obligation to notify the
police of the demonstration. The author argues that
this was only firmly established by the Court's
decision in her own case, and that the general
interpretation to which the State party refers is
insufficient as basis for her conviction. The author
finally submits that the description of a public
meeting, within the meaning of article 1 of the Act,
used by the State party is unacceptably broad and
would cover almost any outdoor discussion between
at least three persons.
7.9 As regards the specific circumstances of the
present case, the State party is of the opinion that
the actual behaviour of the author and her friends
amounted to a public meeting within the meaning
of article 1 of the Act on Public Meetings. In this
context, the State party submits that, although the
word "demonstration" is not expressly named in the
Act on Public Meetings, this does not signify that
demonstrations are outside the scope of application
of the Act. In this connection, the State party refers
to general principles of legal interpretation.
Furthermore, it notes that article 21 of the Covenant
does not specifically refer to "demonstrations" as a
mode of assembly either. Finally, the State party
argues that the requirement of prior notification is
in conformity with article 21, second sentence. In
this context, the State party submits that the
requirement is prescribed by law, and that it is
necessary in a democratic society in the interests of
legitimate purposes, especially in the interest of
public order.
8.5 In conclusion, the author states that she does
not contest that restrictions on the exercise of the
right of peaceful assembly may be justified, and that
prior notification of public meetings is a legitimate
form of such restrictions. However, the author does
challenge the concrete application of the Act on
Public Meetings in her case. She contends that this
outdated, vague and ambiguous statute was used as
the legal basis for police interference with her
expressing concern about the human rights situation
in the country of the visiting head of State. She
claims that this interference was not in conformity
with the law nor necessary in a democratic society
within the meaning of article 21 of the Covenant. In
this connection, it is again stressed that by taking
away the banner, the police interfered with the most
effective method for the author to express her
opinion.
8.1 The author, by submission of 28 April 1993,
challenges the State party's description of the facts
and refers to the Court records in her case.
According to these records, witnesses testified that
approximately one hundred persons were present on
the square, among whom were persons welcoming
the foreign head of State and waving miniature flags;
no action was taken by the police against them, but
the police removed the banner displayed by the
author and her friends. According to the author, this
indicates that the police interfered with her and her
friends' demonstration because of the contents of the
opinion expressed, in violation of article 19 of the
Covenant.
Examination of the merits
9.1 The Human Rights Committee has considered
the present communication in the light of all the
information made available to it by the parties, as
provided in article 5, paragraph 1, of the Optional
Protocol.
8.2 The author further challenges the State party's
contention that the police did not hinder the author
and her group in the expression of their opinion. She
emphasizes that the entrance of the foreign head of
State into the Presidential Palace was a momentary
event, and that the measures by the police (taking
away the banner immediately after it was erected and
questioning the author) dramatically decreased the
possibilities for the author to express her opinion
effectively.
9.2 The Committee finds that a requirement to
notify the police of an intended demonstration in a
public place six hours before its commencement may
be compatible with the permitted limitations laid
down in article 21 of the Covenant. In the
circumstances of this specific case, it is evident from
the information provided by the parties that the
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