Case: case_205

Atomic Facts:
[{"fact_id": "F001", "text": "The applicants are Hungarian nationals.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F002", "text": "The first applicant was born in 1943.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F003", "text": "The second applicant was born in 1945.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F004", "text": "The third applicant was born in 1951.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F005", "text": "The applicants live in Budapest.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F006", "text": "The facts of the case, as submitted by the parties, may be summarised as follows.", "source_paragraph": 6, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F007", "text": "On 1 December 2002 the Romanian Prime Minister made an official visit to Budapest.", "source_paragraph": 7, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F008", "text": "On 1 December 2002 the Romanian Prime Minister gave a reception in Budapest on the occasion of Romania's national day.", "source_paragraph": 7, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F009", "text": "Romania's national day commemorates the 1918 Gyulafehérvár National Assembly.", "source_paragraph": 7, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F010", "text": "The 1918 Gyulafehérvár National Assembly was the occasion when the transfer of hitherto Hungarian Transylvania to Romania was declared.", "source_paragraph": 7, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F011", "text": "The Hungarian Prime Minister decided to attend the reception given by the Romanian Prime Minister on 1 December 2002.", "source_paragraph": 8, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F012", "text": "The Hungarian Prime Minister made his intention to attend the reception public the day before the event, i.e. on 30 November 2002.", "source_paragraph": 8, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F013", "text": "The applicants were of the opinion that the Hungarian Prime Minister should refrain from attending the reception given by the Romanian Prime Minister on 1 December 2002.", "source_paragraph": 9, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F014", "text": "The applicants considered the Gyulafehérvár National Assembly to have negative significance in Hungarian history.", "source_paragraph": 9, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F015", "text": "The applicants decided to organise a demonstration in front of the Hotel Kempinski in Budapest where the reception was to be held.", "source_paragraph": 9, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F016", "text": "The applicants did not inform the police of their intention to organise a demonstration in front of the Hotel Kempinski in Budapest.", "source_paragraph": 9, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F017", "text": "In the afternoon of 1 December 2002, approximately 150 people assembled in front of the Hotel Kempinski in Budapest.", "source_paragraph": 10, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F018", "text": "The applicants were among the approximately 150 people who assembled in front of the Hotel Kempinski in Budapest on 1 December 2002.", "source_paragraph": 10, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F019", "text": "The police were present at the assembly in front of the Hotel Kempinski in Budapest on 1 December 2002.", "source_paragraph": 10, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F020", "text": "There was a loud noise during the assembly in front of the Hotel Kempinski in Budapest on 1 December 2002.", "source_paragraph": 10, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F021", "text": "The police decided to disband the assembly in front of the Hotel Kempinski in Budapest, considering that it constituted a risk to the security of the reception.", "source_paragraph": 10, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F022", "text": "The police forced the demonstrators back to a park next to the Hotel Kempinski in Budapest.", "source_paragraph": 10, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F023", "text": "After being forced to the park next to the Hotel Kempinski, the demonstrators dispersed after a while.", "source_paragraph": 10, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F024", "text": "On 16 December 2002 the applicants sought judicial review of the action of the police before the Pest Central District Court.", "source_paragraph": 11, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F025", "text": "The applicants requested the Pest Central District Court to declare the police action of disbanding the assembly on 1 December 2002 unlawful.", "source_paragraph": 11, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F026", "text": "The applicants asserted before the Pest Central District Court that the demonstration on 1 December 2002 had been totally peaceful.", "source_paragraph": 11, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F027", "text": "The applicants asserted before the Pest Central District Court that the only aim of the demonstration on 1 December 2002 had been to express their opinion.", "source_paragraph": 11, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F028", "text": "The applicants pointed out that it had obviously been impossible to inform the police about the assembly three days in advance, as required by Law no. III of 1989 on the right of assembly (the Assembly Act), because the Hungarian Prime Minister had only announced his intention to attend the reception the day before the event.", "source_paragraph": 11, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F029", "text": "On 6 February 2003 the Pest Central District Court dismissed the applicants' action seeking judicial review of the police action of disbanding the assembly on 1 December 2002.", "source_paragraph": 12, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F030", "text": "The Pest Central District Court noted that the demonstration on 1 December 2002 had been disbanded after a minor detonation was heard.", "source_paragraph": 12, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F031", "text": "The Pest Central District Court noted that the three-day time-limit for informing the police of a planned assembly could not possibly be observed if the demonstration had its roots in an event that had occurred less than three days beforehand.", "source_paragraph": 13, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F032", "text": "The Pest Central District Court was of the view that the possible shortcomings of Law no. III of 1989 on the right of assembly (the Assembly Act) could not be remedied by the courts.", "source_paragraph": 13, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F033", "text": "The Pest Central District Court held that the duty to inform the police about assemblies applied to every type of demonstration, including spontaneous ones.", "source_paragraph": 13, "section_path": ["THE FACTS", "A.  The circumstances of the case"]}, {"fact_id": "F034", "text": "The Pest Central District Court noted that there might be a need for more precise and sophisticated regulations in respect of spontaneous assemblies but said that this was a task for the legis

Fact Mapping:
{"list1": {"scope": ["F017", "F018", "F020", "F026", "F038"], "interference": ["F021", "F022", "F023"], "prescribed_by_law": ["F051", "F052", "F039"], "legitimate_aim": ["F051", "F052", "F035"], "necessity": ["F007", "F008", "F011", "F012", "F013", "F015", "F016", "F017", "F020", "F021", "F026", "F028", "F033", "F037", "F038", "F039", "F044", "F051"], "positive_obligation": []}, "list2": {"scope": ["F017", "F018", "F020", "F026", "F038"], "interference": ["F021", "F022"], "prescribed_by_law": ["F051", "F052"], "legitimate_aim": ["F051", "F035"], "necessity": ["F012", "F051", "F016", "F020", "F038", "F044"], "positive_obligation": []}, "list3": ["F012", "F051", "F052", "F016", "F038", "F020", "F044"]}

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": "explicit"}, "interference": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law_foreseeable": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law_accessible": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_safeguards": {"conclusion": null, "discussed": "not_discussed"}, "legitimate_aim": {"conclusion": "yes", "discussed": "explicit", "aims": ["prevention_of_disorder", "rights_of_others"]}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}