Laguna Guzman v. Spain (Application no. 41462/17)
A selection of key paragraphs can be found below the judgment.CASE-OF-LAGUNA-GUZMAN-v.-SPAIN
42.The Court notes that the applicant’s conduct was not established to have been of violent character either during the official demonstration or at the informal gathering afterwards, but she was injured during the police dispersal of the latter. In such circumstances, the Court considers that the facts of the case disclose interference directly related to the applicant’s exercise of her right to freedom of peaceful assembly under Article 11 of the Convention on account of the dispersal of the gathering.
55. Concerning in particular the applicant’s involvement in the gathering and its dispersal, even assuming that the forceful terminating of the gathering pursued a legitimate aim and in so far as nothing in the materials before the Court suggests that the applicant committed any reprehensible act during the demonstration, the above findings on the unjustified use of force against her suffice for the Court to conclude that there was a disproportionate interference with her rights under Article 11 of the Convention. In particular, it entailed termination of her participation in the gathering (compare Oya Ataman, cited above, §§ 38-44).
56. There has accordingly been a violation of Article 11 of the Convention.