Case: case_322

Atomic Facts:
[{"fact_id": "F001", "text": "The case mainly concerns the alleged violation of the applicant's rights under Article 11 of the Convention in respect of administrative offence proceedings against him related to his participation in a public protest on 20 April 2013 (the first episode).", "source_paragraph": 1, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F002", "text": "The case mainly concerns the alleged violation of the applicant's rights under Article 6 §§ 1 and 3 (d) of the Convention in respect of administrative offence proceedings against him related to his participation in a public protest on 20 April 2013 (the first episode).", "source_paragraph": 1, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F003", "text": "The case concerns the alleged breach of Article 2 of Protocol No. 7 to the Convention on account of the examination of the applicant's appeal against his administrative detention ordered on 16 August 2013 only after he had served it in full (the second episode).", "source_paragraph": 1, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F004", "text": "On 20 April 2013 the applicant participated in a protest against a construction project in a public park in Kyiv.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F005", "text": "About an hour after the protest began on 20 April 2013, a police officer approached the applicant and ordered him to get into a police car, allegedly without explanations.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F006", "text": "After the applicant refused to comply with the police officer's order to get into a police car, he was handcuffed and brought to the local police station.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F007", "text": "The police drew up a report stating that the applicant had maliciously disobeyed a lawful police order, which is an administrative offence under Article 185 of the Code of Administrative Offences, by refusing to go to a police car.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F008", "text": "The police report stated that the applicant had grabbed hold of the officer's clothing and tried to throw himself to the ground.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F009", "text": "The applicant stated in the police report that he had not received any lawful orders from police officers.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F010", "text": "The applicant stated in the police report that witnesses P. and Ch., who had witnessed his arrest, could confirm his version of the events.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F011", "text": "The applicant was released later on 20 April 2013.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F012", "text": "On 18 July 2013 the Obolonskyy Kyiv District Court found the applicant guilty as charged of maliciously disobeying a lawful police order under Article 185 of the Code of Administrative Offences.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F013", "text": "The Obolonskyy Kyiv District Court fined the applicant 255 Ukrainian hryvnias.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F014", "text": "In addition to the police report, the Obolonskyy Kyiv District Court relied on the statements of several guards of the construction site who submitted that an aggressive looking group from among the protesters had approached the site, had damaged some equipment and had left.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F015", "text": "The applicant appealed against the Obolonskyy Kyiv District Court's judgment, arguing that he had not received any lawful police orders before his arrest.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F016", "text": "The applicant appealed against the Obolonskyy Kyiv District Court's judgment, arguing that no violent behaviour had ever been attributed to him.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F017", "text": "The applicant complained in his appeal that the Obolonskyy Kyiv District Court had arbitrarily rejected his request for questioning witnesses P. and Ch.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F018", "text": "On 5 September 2013 the Kyiv City Court of Appeal rejected the applicant's appeal against the Obolonskyy Kyiv District Court's judgment, with reasoning similar to that of the first-instance court.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F019", "text": "The Kyiv City Court of Appeal neither commented on the applicant's request for questioning witnesses P. and Ch. nor indicated the reasons for its rejection of that request.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F020", "text": "The Obolonskyy Kyiv District Court neither commented on the applicant's request for questioning witnesses P. and Ch. nor indicated the reasons for its rejection of that request.", "source_paragraph": 2, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F021", "text": "On 16 August 2013 the applicant entered the Kyiv City Council premises, relying on his status as a journalist and an assistant to a council member.", "source_paragraph": 3, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F022", "text": "Together with several other persons, the applicant stayed in the empty assembly hall of the Kyiv City Council premises, from which they were removed by the police.", "source_paragraph": 3, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F023", "text": "On 16 August 2013 the Kyiv Shevchenkivskyy District Court found the applicant guilty of maliciously disobeying a lawful police order in respect of the incident at the Kyiv City Council premises.", "source_paragraph": 3, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F024", "text": "The Kyiv Shevchenkivskyy District Court sentenced the applicant to five days' detention for maliciously disobeying a lawful police order on 16 August 2013.", "source_paragraph": 3, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F025", "text": "The applicant began serving the five-day detention sentence immediately on 16 August 2013.", "source_paragraph": 3, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F026", "text": "On 21 August 2013, once released from detention, the applicant lodged an appeal against the Kyiv Shevchenkivskyy District Court's judgment.", "source_paragraph": 3, "section_path": ["SUBJECT-MATTER OF THE CASE"]}, {"fact_id": "F027", "text": "On 26 September 2013 the Kyiv City Court of Appeal dismissed the applicant's appeal against the Kyiv Shevchenkivskyy District Court's judgment of 16 August 2013.", "source_paragraph": 3, "section_path": ["SUBJECT-MATTER OF THE CASE"]}]

Fact Mapping:
{"list1": {"scope": ["F004", "F005", "F006", "F016"], "interference": ["F004", "F005", "F006", "F011", "F012", "F013"], "prescribed_by_law": ["F005", "F007", "F009", "F012", "F015", "F018"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list2": {"scope": ["F004", "F016"], "interference": ["F006", "F011", "F012"], "prescribed_by_law": ["F005", "F009", "F012", "F015"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list3": ["F004", "F016", "F005", "F009", "F012", "F015"]}

Conclusion:
{"violated": true, "elements": {"scope": {"conclusion": "yes", "discussed": "explicit"}, "scope_assembly_exists": {"conclusion": "yes", "discussed": "explicit"}, "scope_participation": {"conclusion": "yes", "discussed": "explicit"}, "scope_peaceful": {"conclusion": "yes", "discussed": "explicit"}, "interference": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law": {"conclusion": "no", "discussed": "implied"}, "prescribed_by_law_foreseeable": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_accessible": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_safeguards": {"conclusion": null, "discussed": "not_discussed"}, "legitimate_aim": {"conclusion": null, "discussed": "not_discussed", "aims": []}, "necessity": {"conclusion": null, "discussed": "not_discussed"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}