Worrisome provisions
On October 13, 2022, the Commission for Exceptional Situations (CES) adopted temporary provisions that modified the legal framework of public assemblies in two ways:
- Assemblies that block road traffic and/or access to public institutions are now prohibited during working days. On non-working days, assemblies can block road traffic for a maximum of four hours. This is worrisome because roadblocks and other purposeful obstruction of traffic fall within the terms of freedom of assembly, and are protected under the European Convention on Human Rights1 . The authorities are responsible to justify any restriction on the time, place and manner of assemblies on a case-by-case basis and restrictions should still, as far as possible, allow participants to assemble within sight and sound of their target audience. 2
- Local public administration representatives and the organiser of an assembly are now excluded from legal procedures of stopping and dispersing an assembly. The new provision means that the checks and balances over the police provided in the Law on assemblies does not apply. The police can decide on applying legal procedures without any consideration/involvement of the organiser of the assembly and the public administration representative. This raises a number of concerns about the effectivesness for holding the police publicly to account. According to international standards, States must ensure public awareness about the laws that regulate peaceful assemblies, including any procedures to be followed by those wishing to exercise the right, who the responsible authorities are, the rules applicable to those officials, and the remedies available for alleged violations of rights. 3
Further limitations in the context of anti-government protests
The CES adopted the provisions in the context of anti-government protests that have been carried out non-stop for several weeks with the installation of tents in front of the Parliament and the Presidency of the Republic of Moldova. The protests were accompanied by several controversies related to participants receiving money for participation, large number of misdemeanours committed by the participants, but also a disputed evasion of municipality representatives from the execution of their legal responsibilities.
3 days later on October 16, 2022, the police already applied the new provisions and lifted the tents and dispersed the anti-government protest in front of the Parliament and the Presidency.
State of emergency enables limitations on assembly
The provisions have temporary effect until the end of the state of emergency or until other provisions of the CES. These changes with an impact on freedom of assembly were adopted after the Republic of Moldova derogated from the application of certain provisions of the European Convention on Human Rights, invoking the state of emergency declared in the country. The Parliament declared the state of emergency on February 24, 2022 taking into account the situation related to regional security and the danger to national security, after Russia invaded Ukraine. Later, the state of emergency was successively extended until December 2022. According to the Parliament decision, during the state of emergency the CES is allowed to prohibit all public gatherings.
Criticism from civil society and the Ombudsman
CSOs expressed concerns before and after the adoption and application of the CES provisions and mentioned that changing the legal framework on the spur of the moment is a harmful practice and sets a dangerous precedent for a democracy based on the rule of law.
The Ombudsman has also made a public statement criticising the provisions and the actions of law enforcement. It also submitted a reasoned petition to the CES to repeal or revise the provisions.
- 1para. 10 Guide on Article 11 of the European Convention on Human Rights https://www.echr.coe.int/documents/guide_art_11_eng.pdf
- 2para. 53 Human Rights Committee, General comment No. 37 (2020) on the right of peaceful assembly (article 21)* https://digitallibrary.un.org/record/3884725/files/CCPR_C_GC_37-EN.pdf?…
- 3para. 28 Human Rights Committee, General comment No. 37 (2020) on the right of peaceful assembly (article 21)* https://digitallibrary.un.org/record/3884725/files/CCPR_C_GC_37-EN.pdf?…