CHITIC v. ROMANIA - 6512/13 (Judgment : Article 10 - Freedom of expression-{general} : Fourth Section Committee)

Faris Vehabović, President, Iulia Antoanella Motoc, Carlo Ranzoni, judges, and Andrea Tamietti , Deputy Section Registrar ,

. The applicant was granted leave to present his own case in the written proceedings before the Court (Rule 36 § 2 in fine of the Rules of Court). The Romanian Government ("the Government") were represented by their Agent, Ms C. Brumar, of the Romanian Ministry of Foreign Affairs.

. According to the applicant, shortly after midnight on 15 January 2012 he was walking by the National Theatre in University Square in Bucharest on the way to meet his wife. Large-scale anti-government demonstrations were taking place in the area. Feeling safe because of the presence of gendarmes in the area, he started filming the events unfolding on the square with his mobile telephone because he considered it appropriate and of public interest.

. According to the applicant, when he moved closer to a group of gendarmes they started pushing him and ordered him to "clear the area". When he asked them to stop pushing him, they became verbally and physically aggressive. They then arrested him without giving any reason and took him to a police station.

. Later that night at the police station, the applicant was taken before a gendarme who drafted a report and fined him 200 Romanian Lei (RON - 46 euros (EUR)) for "disturbing the public peace and order at [University Square] by chanting slogans against the current political regime", a minor offence under Article 3 § 25 and Article 4 (b) of Law no. 61/1991 (see paragraph 20 below).