relevant law must obviously be applied in a uniform manner to all cases falling under its scope. In other words, if the 1907 Act and the obligation therein contained to notify any "public meeting" prior to its commencement, is a valid restriction on the exercise of the right to assembly, permitted under article 21 of the Covenant, then its formal application cannot be considered as a violation of the Covenant, whatever the actual reasons (in the mind of the authorities) for demanding the notification. party authorities, cannot be regarded as a demonstration". I am, much to my regret, not able to follow this reasoning. 2.5 It is not contested by the author that she and a group of people of her organization summoned by her, went to the Presidential Palace explicitly for the purpose of distributing leaflets and raising a banner and thus to publicly denounce the presence, in Finland, of a foreign head of State whose human rights record they criticized. If this does not constitute a demonstration, indeed a public gathering within the scope of article 21 of the Covenant, what else would constitute a "peaceful assembly" in that sense, and, accordingly, a "public meeting" in the sense of the 1907 Act? 2.10 The Finnish authorities, therefore, did not violate article 21 of the Covenant by insisting that the author address an appropriate notification to the authorities prior to her demonstrating in front of the Presidential Palace and by fining her subsequently for not having made such a notification. In objective terms, it would have been easy for the author to comply with the requirement of a simple notification. No reason has ever been induced by her for not doing so, except for her arguing ex post facto that she was not required to notify because her action did not fall under the 1907 Act. She seems to have deliberately chosen to disregard the provisions of the Act, and accordingly had to bear the consequences, i.e. the imposition of a fine. 2.6 In his commentary on article 21 of the Covenant, Manfred Nowak states the following: "The term 'assembly' (réunion) is not defined but rather presumed in the Covenant. Therefore, it must be interpreted in conformity with the customary, generally accepted meaning in national legal systems, taking into account the object and purpose of this traditional human right. It is beyond doubt that not every assembly of individuals requires special protection. Rather, only intentional, temporary gatherings of several persons for a specific purpose are afforded the protection of freedom of assembly."a B. The question of a possible violation of article 19 3.1 In paragraph 9.3 of its Views the Committee emphasizes that the author exercised her right to freedom of expression by waiving a banner. As the banner was removed by the police, the Committee concludes that this violated article 19. 2.7 This is exactly the case with the author's manifestation in front of the Presidential Palace. The decisive element for the determination of an "assembly" – as opposed to a more or less accidental gathering (e.g. people waiting for a bus, listening to a band, etc.) – obviously is the intention and the purpose of the individuals who come together. The author is estopped from arguing that she and her group were bystanders like the other crowd, which was apparently attracted by the appearance of a foreign head of State visiting the President of Finland. She and her group admittedly joined the event to make a political demonstration. This was the sole purpose of their appearing before the Presidential Palace. The State party, therefore, rightly stated, that this was "conceptually" a demonstration. 3.2 Surely, one will have to place the removal of the banner in the context of the whole event. The author and her group "demonstrate", they distribute leaflets, they waive a banner. The police intervenes in order to establish the identity of the person leading the demonstration (i.e. the "convener" of a public meeting under the 1907 Act). The banner is "taken down" by the police (see para. 2.1 of the Views). However, the demonstration is allowed to continue. The author herself and her group go on to distribute their leaflets and presumably give vent in public to their opinion concerning the visiting head of State. There is no further intervention by the police. Hence, the "taking down" of the banner is the only fact to be retained in view of a possible violation of article 19. 2.8 Nor can I follow the Committee's argument in paragraph 9.2 (fourth and fifth sentences) where an attempt is made to create a link between the purpose (and thus the legality) of the restrictive legislation as such and its application in a concrete case. To say that "a requirement to pre-notify a demonstration would normally be for reasons of national security", etc., and then to continue "consequently, the application of the Finnish legislation on demonstrations to such a gathering cannot be considered as an application of a restriction permitted by article 21 of the Covenant" is, to say at least, contradictory. 3.3 The Committee has opted for a very simple façon de voir: take away the banner and you necessarily violate the right to freedom of expression. This view does not take into account the intimate and somewhat complex relationship between articles 19 and 21 and, for that matter, also article 18 of the Covenant. 3.4 The right of peaceful assembly would seem to be just one facet of the more general right to freedom of expression. In that regard John P. Humphrey in his analysis of political and related rights states as follows: "There would hardly be freedom of assembly in any real sense without freedom of expression; assembly is indeed a form of expression".b 2.9 If the restricting legislation as such – in the present matter the 1907 Act on Public Meetings – is considered as being within the limits of article 21 (a fact not contested by the author and recognized by the Committee) the b John P. Humphrey, "Political and Related Rights", in Human Rights in International Law, Legal and Policy Issues, Theodor Meron ed. (Oxford, Clarendon Press, 1984), vol. I, p. 188. a Manfred Nowak, United Nations Covenant on Civil and Political Rights, CCPR Commentary (KehlStrasbourg-Arlington, Engel Publisher, 1993), p. 373. 60