Pentikäinen v. Finland

Posted on 11.02.2016 11:41:00

Facts.

The case concerned the arrest of a photojournalist during a demonstration and his subsequent conviction for disobeying the police. The court underlined in particular that Markus Pentikäinen had not been arrested for acting as a photographer but for refusing to obey police orders to leave the scene of the demonstration. His equipment had not been confiscated and he had not been sanctioned.

Judgment of 4 February 2014, Application no. 11882/10, Case referred to the Grand Chamber on 3 June 2014 Photographer’s conviction for disobeying the police while covering a demonstration but no Violation of Article 10. Case referred to Grand Chamber. 

In its Chamber judgment of 4 February 2014 the court held, by five votes to two, that there had been no violation of Article 10 of the convention. It found that the Finnish courts had struck a fair balance between the competing interests at stake and that the interference with the applicant’s freedom of expression had been “necessary in a democratic society.” The court underlined in particular that Pentikäinen had not been arrested for acting as a photographer but for refusing to obey police orders to leave the scene of the demonstration. His equipment had not been confiscated and he had not been sanctioned. On 2 June 2014 the applicant’s request for referral was accepted by the Grand Chamber. 

To read the case in the official translation, please go on the following link. To read the case in your language, please visit the European Human Rights Case Law Database for the countries of South East Europe


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