The facts as submitted by the author
notification. She contends that her conviction was,
therefore, in violation of article 19 of the Covenant.
She alleges that the way in which the courts found
her actions to come within the scope of the Act on
Public Meetings constitutes ex analogia reasoning
and is, therefore, insufficient to justify the restriction
of her right to freedom of expression as being
"provided by law" within the meaning of article 19,
paragraph 3. Moreover, she contends that such an
application of the Act to the circumstances of the
events in question amounts to a violation of
article 15 of the Covenant (nullum crimen sine lege,
nulla poena sine lege), since there is no law making
it a crime to hold a political demonstration. The
author further argues that, even if the event could be
interpreted as an exercise of the freedom of
assembly, she still was not under obligation to notify
the police, as the demonstration did not take the form
of a public meeting, nor a public march, as defined
by the said Act.
2.1 On 3 September 1987, on the occasion of a
visit of a foreign head of State and his meeting with
the President of Finland, the author and about
25 members of her organization, amid a larger
crowd, gathered across from the Presidential Palace,
where the leaders were meeting, distributed leaflets
and raised a banner critical of the human rights
record of the visiting head of State. The police
immediately took the banner down and asked who
was responsible. The author identified herself and
was subsequently charged with violating the Act on
Public Meetings by holding a "public meeting"
without prior notification.
2.2 The above-mentioned Act on Public Meetings
has not been amended since 1921, nor upon entry
into force of the Covenant. Section 12 (1) of the Act
makes it a punishable offence to call a public
meeting without notification to the police at least six
hours before the meeting. The requirement of prior
notification applies only to public meetings in the
open air (sect. 3). A meeting is not public if only
those with personal invitations can attend
(sect. 1 (2)).
State party's observations on admissibility and
author's comments thereon
4.1 By submission of 21 December 1990, the
State party concedes that, with regard to the author's
complaint against her conviction, all available
domestic remedies have been exhausted.
2.3 Although the author argued that she did not
organize a public meeting, but only demonstrated her
criticism of the alleged human rights violations by
the visiting head of State, the City Court, on
27 January 1988, found her guilty of the charge and
fined her 438 markkaa. The Court was of the opinion
that the group of 25 persons had, through their
behaviour, been distinguishable from the crowd and
could therefore be regarded as a public meeting. It
did not address the author's defence that her
conviction would be in violation of the Covenant.
4.2 As to the issue of whether or not the relevant
provision of the Act on Public Meetings was
applicable in the author's case, the State party
submits that it is a question of evidence. The State
party points out that the author does not contend that
said provision conflicts with the Covenant, only that
its specific application in her case violated the
Covenant.
5.
In her comments on the State party's
submission, the author reiterates that not only
convictions based on the retroactive application of
criminal laws, but also those on analogous
application of criminal law, violate article 15 of the
Covenant.
2.4 The Court of Appeal, on 19 September 1989,
upheld the City Court's decision, while arguing, inter
alia, that the Act on Public Meetings, "in the absence
of other legal provisions" was applicable also in the
case of demonstrations; that the entry into force of
the Covenant had not repealed or amended said Act;
that the Covenant allowed restrictions of the freedom
of expression and of assembly, provided by law; and
that the requirement of prior notification was
justified in the case because the "demonstration" was
organized against a visiting head of State.
The Committee's decision on admissibility
6.1 During its forty-fourth session, the Committee
considered the admissibility of the communication.
It observed that domestic remedies had been
exhausted and that the same matter was not being
examined under another procedure of international
investigation or settlement.
2.5 On 21 February 1990, the Supreme Court
denied leave to appeal, without further motivation.
The complaint
6.2 On 20 March 1992, the Committee declared
the communication admissible in so far as it might
raise issues under articles 15, 19 and 21 of the
Covenant. In its decision, the Committee requested
the State party to clarify whether there was any
discrimination between those who cheered and those
who protested against the visiting head of State and,
3.
The author denies that what took place was a
public meeting within the meaning of the Act on
Public Meetings. Rather, she characterizes the
incident as an exercise of her right to freedom of
expression, which is regulated in Finland by the
Freedom of the Press Act and does not require prior
56
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