Case: case_213

Atomic Facts:
[{"fact_id": "F001", "text": "The applicant was born in 1972.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F002", "text": "The applicant lives in Kharkiv.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F003", "text": "The applicant was represented by Mr Y. Borysenko, a lawyer practising in Kharkiv.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F004", "text": "The Government were represented by their acting Agent, Ms O. Davydchuk, of the Ministry of Justice.", "source_paragraph": 3, "section_path": ["THE FACTS"]}, {"fact_id": "F005", "text": "The facts of the case may be summarised as follows.", "source_paragraph": 4, "section_path": ["THE FACTS"]}, {"fact_id": "F006", "text": "On 11 August 2012 the applicant informed the local police in Kharkiv of his intention to hold a peaceful assembly under the banner of 'Ukraine for fair elections'.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F007", "text": "The applicant's intended assembly was planned to run from 12 August 2012 onwards for an indefinite period of time.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F008", "text": "The applicant's intended assembly was planned to be held in Shevchenko Park in Kharkiv city centre.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F009", "text": "The local police in Kharkiv transmitted the applicant's notice of intended assembly to the Kharkiv City Council.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F010", "text": "There is no information as to whether the applicant actually attempted to hold the demonstration on 12 August 2012 as he declared to the authorities.", "source_paragraph": 6, "section_path": ["THE FACTS"]}, {"fact_id": "F011", "text": "On 13 August 2012 the Executive Committee of the Kharkiv City Council decided that the assembly that the applicant planned to hold should not be permitted.", "source_paragraph": 7, "section_path": ["THE FACTS"]}, {"fact_id": "F012", "text": "On 13 August 2012 the Executive Committee of the Kharkiv City Council requested the local court to prohibit the applicant's planned assembly.", "source_paragraph": 7, "section_path": ["THE FACTS"]}, {"fact_id": "F013", "text": "On 13 August 2012 the Kharkiv District Administrative Court allowed the Executive Committee of the Kharkiv City Council's request and prohibited the applicant's planned assembly.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F014", "text": "The Kharkiv District Administrative Court noted that the matters under examination were regulated by the Temporary Regulations on the procedure for organising and holding meetings, rallies, street marches and demonstrations in the city of Kharkiv.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F015", "text": "The Kharkiv District Administrative Court noted that the Temporary Regulations on the procedure for organising and holding meetings, rallies, street marches and demonstrations in the city of Kharkiv were binding under section 73 of the Local Self-Government in Ukraine Act.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F016", "text": "The Kharkiv District Administrative Court noted that the procedure set out in the Temporary Regulations on the procedure for organising and holding meetings, rallies, street marches and demonstrations in the city of Kharkiv for the examination by the local authorities of the applicant's notification had been observed.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F017", "text": "The Kharkiv District Administrative Court based its decision to ban the assembly on the ground that the notice sent by the applicant did not provide clear details of the assembly.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F018", "text": "The Kharkiv District Administrative Court based its decision to ban the assembly on the ground that the notice had not been sent a reasonable time in advance, noting that it was dated 11 August 2012 and had been received by the Kharkiv City Council on 13 August 2012, whereas the assembly had been scheduled for 12 August 2012.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F019", "text": "The Kharkiv District Administrative Court based its decision to ban the assembly on the ground that the applicant planned to hold an assembly for an indefinite period of time.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F020", "text": "The Kharkiv District Administrative Court based its decision to ban the assembly on the ground that the applicant had chosen the city centre as the location for the assembly, not far from areas with significant levels of road traffic.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F021", "text": "The Kharkiv District Administrative Court based its decision to ban the assembly on the ground that the proposed location of the assembly was a place where the people of Kharkiv liked to rest and take part in leisure activities.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F022", "text": "The Kharkiv District Administrative Court noted that 'there was no evidence to prove that the assembly was not contrary to the interests of the inhabitants of Kharkiv'.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F023", "text": "The Kharkiv District Administrative Court noted that the assembly could pose a risk to the health and life of the inhabitants of Kharkiv, as well as their right to move about safely in the city.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F024", "text": "The Kharkiv District Administrative Court stated that 'the material in the case file [did] not demonstrate that there [was] no possibility of a violation of the rights and freedoms of people [not participating in the assembly]'.", "source_paragraph": 8, "section_path": ["THE FACTS"]}, {"fact_id": "F025", "text": "On 17 September 2012 the Kharkiv Administrative Court of Appeal dismissed the applicant's appeal against the prohibition of the planned assembly.", "source_paragraph": 9, "section_path": ["THE FACTS"]}, {"fact_id": "F026", "text": "The Kharkiv Administrative Court of Appeal noted that the time and place of the applicant's planned assembly coincided with the time and place of the Honey Fair and the Flower Show, which were to take place from 14 to 23 August 2012 in Shevchenko Park.", "source_paragraph": 9, "section_path": ["THE FACTS"]}, {"fact_id": "F027", "text": "The Kharkiv Administrative Court of Appeal noted that the holding of the applicant's assembly at the same time and place as the Honey Fair and the Flower Show could lead to a breach of public order and a threat to safety, because the applicant's assembly could spontaneously be joined by an unknown number of people.", "source_paragraph": 9, "section_path": ["THE FACTS"]}, {"fact_id": "F028", "text": "The Kharkiv Administrative Court of Appeal noted that if the applicant's assembly were spontaneously joined by additional people, the number of participants would increase and the assembly would become unmanageable, all of which would hinder the movement of people and vehicles.", "source_paragraph": 9, "section_path": ["THE FACTS"]}, {"fact_id": "F029", "text": "On 15 November 2012 the Higher Administrative Court rejected a request by the applicant for leave to appeal on points of law.", "source_paragraph": 10, "section_path": ["THE FACTS"]}, {"fact_id": "F030", "text": "Article 39 of the Constitution of Ukraine provides that citizens have the right to assemble peacefully without arms and to hold meetings, rallies, marches and demonstrations, after notifying the executive authorities and bodies of local self-government beforehand.", "source_paragraph": 11, "section_path": ["THE FACTS", "RELEVANT LEGAL FRAMEWORK AND PRACTICE", "I. RELEVANT DOMESTIC LAW AND PRACTICE", "A. Constitution of Ukraine"]}, {"fact_id": "F031", "text": "Article 39 of the Constitution of Ukraine provides that restrictions on the exerci

Fact Mapping:
{"list1": {"scope": ["F006", "F007", "F008", "F010", "F011", "F013"], "interference": ["F010", "F011", "F012", "F013", "F025", "F029"], "prescribed_by_law": ["F014", "F015", "F016", "F022", "F023", "F024", "F026", "F027", "F028", "F030", "F031", "F032", "F045", "F048", "F049", "F050", "F051", "F052", "F053", "F054", "F058", "F061", "F062", "F065", "F067", "F073", "F074"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list2": {"scope": ["F006", "F007", "F008"], "interference": ["F010", "F013"], "prescribed_by_law": ["F014", "F015", "F016", "F022", "F030", "F032", "F045", "F048", "F049", "F053", "F067"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list3": ["F006", "F010", "F013", "F030", "F032", "F067", "F048", "F045", "F014", "F015", "F022"]}

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