Vona v. Hungary, No. 35943/10, ECtHR (Second Section), 9 July 2013

Dissolution of a political association and/or a political movement. Anti-Roma rallies and paramilitary parading. Racist intimidation against citizens of Roma origin.

Art. 11 ECHR

1. National authorities are also entitled to take preventive measures against non-party entities, if a sufficiently imminent prejudice to the rights of others threatens to undermine the fundamental values of a democratic society.

2. Similarly to political parties, the ban of an association or a movement whose rallies promote speeches or any other form of racism, xenophobia or ethnic intolerance does not constitute a violation of the Convention. The dissolution of the entity represents the only suitable measure to remove concretely such threat whenever, due to the intimidating presence of an organized group of activists, the demonstrations go beyond the limit of the mere expression of disturbing or offensive ideas protected under the Convention, thus being incompatible with the principles of pluralism and tolerance within a democratic society.

3. The demonstration by political protagonists of their ability and willingness to organise a paramilitary force goes beyond the use of peaceful and lawful means of articulating political views. When, in light of historical experience, the reliance of an association on paramilitary demonstrations expressing racial division and implicitly calling for race-based action has an intimidating effect on the members of a minority, the State is entitled to protect the rights of the members of the target groups.

(In the present case, the ECtHR found that the ban of an association and a movement involved in the organization of paramilitary parades and rallies for the defence of the Hungarian culture and traditions against the so-called “Gipsy criminality” in various parts of the country, and especially in villages with large Roma communities, was justified under the Convention).