Imposition of fines after demonstration that obstructed traffic was not a violation of the right to peaceful assembly

Two protesters had participated in a political demonstration that, without the police being notified, stopped the traffic for about 90 minutes on Ring 1 in Oslo on a Monday morning, see section 181 subsection 1 of the Penal Code and section 30, cf. section 5 of the Police Act. The protesters were removed by the police and fined. The Supreme Court found that the police's intervention was not in breach of Article 11 of the ECHR on the freedom of assembly. It was mentioned that society must endure some disturbance of day-to-day life, and that the authorities must exercise a certain tolerance. But this demonstration was not in the core of Article 11, and went far beyond the disturbance that must be expected during a peaceful demonstration. Also, the threshold is high for an intervention against a demonstration creating serious traffic disturbance, which is unannounced and contrary to national rules, to amount to a violation of Article 11. In its sentencing, the Supreme Court took as its starting point a fine of NOK 20 000, which was reduced to NOK 18 000 due to deduction for time spent in custody on remand. The Supreme Court further stated that it was time to adjust the basis for conversion of a fine to alternative sentence of imprisonment from NOK 500 to NOK 1000 per day. The alternative sentence of imprisonment before deduction for time spent in custody on remand was therefore set at 20 days.

Read the whole judgment (Norwegian only)

Areas of law: Human rights. Article 11 ECHR. Fines. 

Key paragraphs: 34, 54, 64

Justices: Øie, Kallerud, Bergsjø, Bergh, Høgetveit Berg