Case: case_171

Atomic Facts:
[{"fact_id": "F001", "text": "The applicants are a group of individuals and the Foundation for Equality.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F002", "text": "The first applicant is a member of the executive committee of the Foundation for Equality and is empowered to act on its behalf in the present case.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F003", "text": "The applicants wished to hold an assembly (a march) in Warsaw within the framework of Equality Days organised by the Foundation for Equality, planned for 10-12 June 2005.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F004", "text": "The purpose of the planned march in Warsaw was to alert public opinion to the issue of discrimination against minorities – sexual, national, ethnic and religious – and also against women and disabled persons.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F005", "text": "On 10 May 2005 the organisers held a meeting with the Director of the Safety and Crisis Management Unit of Warsaw City Council.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F006", "text": "During the meeting on 10 May 2005 between the organisers and the Director of the Safety and Crisis Management Unit of Warsaw City Council, an initial agreement was reached as to the itinerary of the planned march.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F007", "text": "On 11 May 2005 Mr Bączkowski obtained an instruction of the Warsaw Mayor's Office on requirements which organisers of public assemblies have to comply with under the Road Traffic Act, applicable should the assembly be regarded as an 'event' (impreza) within the meaning of Article 65 of the Road Traffic Act.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F008", "text": "On 12 May 2005 the organisers applied to the City Council Road Traffic Office for permission to organise the march.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F009", "text": "The itinerary of the planned march would lead from the Parliament buildings (Sejm) to Assembly Square (Plac Defilad) in the centre of Warsaw.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F010", "text": "On 3 June 2005 the Traffic Officer, acting on behalf of the Mayor of Warsaw, refused permission for the march.", "source_paragraph": 11, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F011", "text": "The Traffic Officer's refusal of permission for the march on 3 June 2005 was based on the organisers' failure to submit a 'traffic organisation plan' ('projekt organizacji ruchu') within the meaning of Article 65(a) of the Road Traffic Act.", "source_paragraph": 11, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F012", "text": "The Traffic Officer alleged that the organisers had been ordered to submit a 'traffic organisation plan' ('projekt organizacji ruchu') prior to the refusal of 3 June 2005.", "source_paragraph": 11, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F013", "text": "On 3 June 2005 the applicants informed the Mayor of Warsaw about stationary assemblies they intended to hold on 11 June 2005 in seven different squares in Warsaw.", "source_paragraph": 12, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F014", "text": "Four of the seven planned stationary assemblies on 11 June 2005 were intended to protest about discrimination against various minorities and to support actions of groups and organisations combating discrimination.", "source_paragraph": 12, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F015", "text": "Three of the seven planned stationary assemblies on 11 June 2005 were intended to protest about discrimination against women.", "source_paragraph": 12, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F016", "text": "On 9 June 2005 the Mayor of Warsaw issued decisions banning the stationary assemblies to be organised by Mr Bączkowski, Mr Biedroń, Mr Kliszczyński, Ms Kostrzewa, Mr Szypuła, and Mr N. (who is not an applicant).", "source_paragraph": 13, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F017", "text": "Mr Bączkowski, Mr Biedroń, Mr Kliszczyński, Ms Kostrzewa, Mr Szypuła, and Mr N. are active in various non-governmental organisations acting for the benefit of persons of homosexual orientation.", "source_paragraph": 13, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F018", "text": "In his decision of 9 June 2005 banning the stationary assemblies, the Mayor of Warsaw relied on the argument that assemblies held under the provisions of the 1990 Assemblies Act (Ustawa o zgromadzeniach) had to be organised away from roads used for road traffic.", "source_paragraph": 13, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F019", "text": "In his decision of 9 June 2005, the Mayor of Warsaw stated that if assemblies were to use roads, more stringent requirements applied.", "source_paragraph": 13, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F020", "text": "The organisers of the stationary assemblies wished to use cars carrying loudspeakers.", "source_paragraph": 13, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F021", "text": "The organisers had failed to indicate where and how the cars carrying loudspeakers would park during the assemblies so as not to disturb traffic.", "source_paragraph": 13, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F022", "text": "The organisers had failed to indicate how the movement of persons and cars between the assembly sites would be organised.", "source_paragraph": 13, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F023", "text": "A number of requests had been submitted to organise other assemblies on 11 June 2005, the tenor of which ran counter to the ideas and intentions of the applicants.", "source_paragraph": 14, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F024", "text": "The Mayor of Warsaw refused permission for the applicants' stationary assemblies in part to avoid possible violent clashes between participants in the various demonstrations planned for 11 June 2005.", "source_paragraph": 14, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "1. Preparation of the assemblies"]}, {"fact_id": "F025", "text": "On 9 June 2005 the municipal authorities, acting on the Mayor of Warsaw's behalf, allowed the three planned stationary assemblies concerning discrimination against women to be held as requested by the applicants.", "source_paragraph": 15, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES O

Fact Mapping:
{"list1": {"scope": ["F003", "F013", "F010", "F016", "F028", "F032", "F030"], "interference": ["F010", "F016", "F028", "F032", "F023", "F024", "F038", "F049"], "prescribed_by_law": ["F038", "F041", "F042", "F049", "F050", "F051", "F055", "F056", "F094", "F103", "F104", "F093", "F077"], "legitimate_aim": [], "necessity": [], "positive_obligation": ["F004", "F014", "F017"]}, "list2": {"scope": ["F003", "F013", "F028", "F032"], "interference": ["F010", "F016", "F028", "F038", "F049"], "prescribed_by_law": ["F038", "F041", "F049", "F055", "F103", "F104", "F093"], "legitimate_aim": [], "necessity": [], "positive_obligation": ["F004", "F017"]}, "list3": ["F010", "F016", "F028", "F038", "F041", "F049", "F055", "F103", "F104"]}

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": "implied"}, "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": "yes", "discussed": "explicit"}}}