7.4 In this context, the State party argues that a
demonstration necessarily entails the expression of
an opinion, but, by its specific character, is to be
regarded as an exercise of the right of peaceful
assembly. In this connection, the State party argues
that article 21 of the Covenant must be seen as lex
specialis in relation to article 19 and that therefore
the expression of an opinion in the context of a
demonstration must be considered under article 21,
and not under article 19 of the Covenant.
in particular, whether any other groups or subgroups
in the larger crowd who were welcoming the visiting
head of State also distributed leaflets or displayed
banners, whether they gave prior notification to the
police pursuant to the Act on Public Meetings, and,
if not, whether they were similarly prosecuted.
State party's submission on the merits and author's
comments thereon
7.1 The State party, by submission of
14 December 1992, refers to the questions put to it
by the Committee and states that on 3 September
1987, there was only a small crowd of people
assembled in front of the Presidential Palace; besides
the author's group, there were journalists and some
curious passers-by. Except for the author and her
friends, no other group or subgroup which could be
characterized as demonstrators, distributing leaflets
or displaying banners, was present. No other groups
had given prior notification to the police of their
intent to hold a public meeting.
7.5 The State party agrees with the author that in
principle article 15 of the Covenant also prohibits ex
analogia application of a law to the disadvantage of
a person charged with an offence. It argues,
however, that in the present case the author was not
convicted of expressing her opinion, but merely of
her failure to give prior notification of a
demonstration, as is required by article 3 of the Act
on Public Meetings.
7.2 The State party recalls that article 19 of the
Covenant gives everyone the right to hold opinions
without interference and the right to freedom of
expression, but that, under paragraph 3 of the
provision, the exercise of these rights may be subject
to certain restrictions as are provided by law and are
necessary for respect of the rights and reputations of
others, or for the protection of national security or of
public order (ordre public), or of public health and
morals. The State party also recalls that the
Constitution of Finland protects every citizen's
freedom of speech and freedom to publish, and that
the exercise of these freedoms is regulated by law, in
accordance with the Constitution. The State party
submits that, although the wording of the
Constitution concentrates on freedom of the press, it
has been interpreted broadly so as to encompass
freedom of expression as protected by article 19 of
the Covenant. In this context, the State party
emphasizes that the right to freedom of expression
does not depend on the mode of expression or on the
contents of the message thus expressed.
7.6 With regard to the author's allegation that she
is a victim of a violation of article 21 of the
Covenant, the State party recalls that article 21
allows restrictions on the exercise of the right to
peaceful assembly. In Finland, the Act on Public
Meetings guarantees the right to assemble peacefully
in public, while ensuring public order and safety and
preventing abuse of the right of assembly. Under the
Act, public assembly is understood to be the coming
together of more than one person for a lawful
purpose in a public place that others than those
invited also have access to. The State party submits
that, in the established interpretation of the Act, the
Act also applies to demonstrations arranged as
public meetings or street processions. Article 3 of
the Act requires prior notification to the police, at
least six hours before the beginning of any public
meeting at a public place in the open air. The
notification must include information on the time
and place of the meeting as well as on its organizer.
Article 12, paragraph 1, of the Act makes it a
punishable offence to call a public meeting without
prior notification to the police. The State party
emphasizes that the Act does not apply to a peaceful
demonstration by only one person.
7.3 The State party submits that the right to
freedom of expression may be restricted by the
authorities, as long as these restrictions do not affect
the heart of the right. With regard to the present case,
the State party argues that the author's freedom of
expression has not been restricted. She was allowed
freely to express her opinions, for instance by
circulating leaflets, and the police did not, after
having received information about the organizer of
the public meeting, hinder the author and her group
from continuing their activities. The State party
therefore denies that the Act on Public Meetings was
applied ex analogia to restrict the right to freedom of
expression.
7.7 The State party explains that the provisions of
the Act have been generally interpreted as also
applying to public meetings which take the form of
demonstrations. In this connection, the State party
refers to decisions of the Parliamentary Ombudsman,
according to which a prior notification to the police
should be made if the demonstration is arranged at a
public place in the open air and if other persons than
those who have personally been invited are able to
participate. The State party submits that the prior
notification requirement enables the police to take
the necessary measures to make it possible for the
meeting to take place, for instance by regulating the
flow of traffic, and further to protect the group in
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