GASPARI v ARMENIA (No. 2) - 67783/13 (Violation of Article 10 - Freedom of expression-{general} (Article 10-1 - Freedom of expression)) Court (Fourth Section)

Art 10 • Freedom of expression • Criminal conviction of a civic activist for hooliganism for remarks directed at a public official during a demonstration, not "necessary in a democratic society" • Impugned remarks, an immediate emotional reaction, intended as harsh criticism of the official's attitude towards the protesters and did not amount to wanton denigration • Failure of domestic courts to adequately assess underlying facts or provide specific reasons for decision • Failure of domestic authorities to carry out balancing exercise to demonstrate conviction met a "pressing social need"

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Gabriele Kucsko-Stadlmayer , President , Tim Eicke, Branko Lubarda, Armen Harutyunyan, Anja Seibert-Fohr, Ana Maria Guerra Martins, Anne Louise Bormann , judges , and Andrea Tamietti, Section Registrar,

the application (no. 67783/13 ) against the Republic of Armenia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by an Armenian national, Mr Vartgez Gaspari ("the applicant"), on 9 October 2013;