Implementation of Assembly Policing Rights in Moldobva-2009

71
Version proposed to public discussions Freedom of Assembly in the Republic of Moldova during January December 2009 Monitoring Report Resource Center for Human Rights Centrul de Resurse pentru Drepturile Omului (CReDO) Al. Hajdeu 95 "A", CHIŞINĂU, MD 2005, Moldova (373 22) 212 816, fax (373 22) 225 257 [email protected] , www.CReDO.md

Transcript of Implementation of Assembly Policing Rights in Moldobva-2009

Version proposed to public discussions

Freedom of Assembly in the Republic of

Moldova during January – December 2009

– Monitoring Report

Resource Center for Human Rights

Centrul de Resurse pentru Drepturile Omului (CReDO) Al. Hajdeu 95 "A", CHIŞINĂU, MD 2005, Moldova

(373 22) 212 816, fax (373 22) 225 257 [email protected], www.CReDO.md

Monitoring Report on Freedom of Assembly in the Republic of Moldova during January – December 2009, Resource Center for Human Rights, www.CReDO.md

2

Monitoring Report on Freedom of Assembly in the Republic of Moldova during January – December 2009, Resource Center for Human Rights, www.CReDO.md

3

Table of Contents

1 Executive summary ................................................................................................. 7

2 Introduction ............................................................................................................. 9

3 Organizing and Unfolding Assemblies .................................................................. 11

3.1 Assemblies: number, types, forms ............................................................................. 11

3.2 Assembly organizers, participants and assembly coverage ................................... 24

4 The Practice of Police Enforcement Assembly Rights .......................................... 32

4.1 Police actions on assemblies ....................................................................................... 32

4.2 Police intervention with assemblies .......................................................................... 37

5 Facilitating the Assembly Rights by the Local Public Administration ..................... 45

6 Court Jurisprudence on Assembly Rights ............................................................. 49

6.1 Courts Jurisprudence on Assembly Rights ............................................................... 49

6.2 Concise discussion of some selected cases ............................................................... 50

7 Deconstruction of assembly events of April 6th and 7th 2009 ................................ 54

8 Conclusions and recommendations ...................................................................... 70

8.1 Conclusions ................................................................................................................... 70

8.2 Recommendations ........................................................................................................ 70

4

Table of Graphs

Graphic 1. Dynamics of assemblies ..................................................................................... 11

Graphic 2. Peaceful and non-peaceful assemblies ............................................................. 12

Graphic 3. Peaceful and non-peaceful assemblies (%) ...................................................... 13

Graphic 4. Spontaneous and notified assemblies .............................................................. 15

Graphic 5. Forms of assemblies ............................................................................................ 17

Graphic 6. Duration of assemblies (%) ................................................................................ 20

Graphic 7. Peculiarities of monitored assemblies % ......................................................... 22

Graphic 8. Day of week ......................................................................................................... 24

Graphic 9. Geographic coverage of assemblies .................................................................. 25

Graphic 10. Places for holding assemblies in Chisinau .................................................. 25

Graphic 11. Places of assembly in downtown Chisinau ................................................ 26

Graphic 12. Number of participants at assemblies ......................................................... 27

Graphic 13. Organizers of assemblies ............................................................................... 29

Graphic 14. Organizers of assemblies % .......................................................................... 30

Graphic 15. Most active organizers of assemblies ......................................................... 30

Graphic 16. Conditions and restrictions on assemblies ................................................. 32

Graphic 17. Police presence ................................................................................................ 34

Graphic 18. Assemblies-policemen proportion ............................................................... 35

Graphic 19. Uniform police vs. casual dressed police .................................................... 35

Graphic 20. Police intervention ......................................................................................... 37

Graphic 21. The relative weight of police intervention % ............................................. 38

Graphic 22. Prosecuting reasons ....................................................................................... 40

Graphic 23. Organizers or participants prosecuted ........................................................ 41

Graphic 24. Law enforcements bringing charges ........................................................... 42

Graphic 25. Assemblies assisted by a LPA representative ............................................ 48

Graphic 26. Court jurisprudence ....................................................................................... 49

Graphic 27. Court decisions during the new law on assemblies .................................. 50

Table of Case studies

Case study 1. Non-peaceful assembly A – S. Association and E.T. ................................ 13

Case study 2. Non-peaceful assembly B - M. Ţînţăreni Association ............................... 14

Case study 3. Non-peaceful assembly C – 07 April 2009 in Bălţi..................................... 15

Case study 4. Spontaneous assembly - A. V.’s fellows .................................................... 16

Case study 5. Not notified assembly – Residents of A. Street .......................................... 16

Case study 6. Manifestation A - D Party Olympic ............................................................ 18

Case study 7. Manifestation B – PL, PLDM and AMN in PMAN ................................... 18

Case study 8. March – March of AE Movement ................................................................. 19

Case study 9. Peaceful picket ................................................................................................ 19

Case study 10. Duration of assembly - 7 minutes ........................................................... 20

Case study 11. Duration of assembly – 2 hours 20 minutes ........................................... 21

Case study 12. Duration of assembly – 5 hours 15 minutes .......................................... 21

Case study 13. Duration of assembly – 24 hours 55 minutes ......................................... 21

Case study 14. Counterdemonstration - A. Church ........................................................ 23

Case study 15. Solitary assembly – N. B. at Customs Service ........................................ 27

Case study 16. Assembly of 30 persons – SCOR Association ....................................... 27

Case study 17. Assembly of 250 persons - P. Union ....................................................... 28

Case study 18. Assembly of 6000 persons – PCRM Party, Opera Square ................... 29

Case study 19. Political party assembly –SD Party Glodeni .......................................... 31

Case study 20. Assembly by a NGO - „Zebra” ................................................................ 31

Case study 21. Further conditions or restrictions by the police - I. T. .......................... 33

Case study 22. Previous restrictions by the police –F. G. Organization ....................... 33

Case study 23. Assembly assisted by a policeman .......................................................... 36

Case study 24. Assembly assisted by 35 policemen - IPB depositors .......................... 36

Case study 25. Retention of organizer - A. M. ................................................................. 38

Case study 26. Charges brought – S. I., Milk in PMAN Square .................................... 40

Case study 27. Obligation to ensure safety of assembly - PG NGO ............................ 42

Case study 28. Intervention of third parties – AMN MAI ............................................. 43

Case study 29. Obligation to ensure safety of assembly – B. City ................................. 43

Case study 30. LPA facilitating – C. village...................................................................... 46

Case study 31. LPA facilitating - B. City - AE Movement .............................................. 47

Case study 32. Charges brought - TRM protest (infant participants) .......................... 50

Case study 33. Judgement - „Spirit Românesc” E. R., G. S ........................................... 51

Case study 34. Judgement – M. B. Case ............................................................................ 53

Table of Pictures Pictures Non-peaceful assembly A ....................................................................................... 14

Pictures Non-peaceful assembly B ........................................................................................ 14

Pictures Non-peaceful assembly C ........................................................................................ 15

Pictures Spontaneous assembly ............................................................................................. 16

Pictures Assemblies in front of Parliament and General Prosecutor’s Office ................ 17

Pictures Assembly in form of manifestation ....................................................................... 18

Pictures Assembly in form of manifestation and marching .............................................. 18

Pictures Assembly in form of marching ............................................................................... 19

Pictures Assembly in form of picketing ............................................................................... 19

Picture Assembly with short duration ............................................................................... 20

Pictures Assembly with medium duration .......................................................................... 21

Picture Assembly with long duration ................................................................................. 21

Picture Assembly lasting over 24 hours ............................................................................. 22

Pictures Counterdemonstration ............................................................................................ 23

Pictures Solitary assembly ...................................................................................................... 27

Pictures Assembly of 30 persons ........................................................................................... 28

Pictures Assembly of 250 persons ......................................................................................... 28

Pictures Assembly of 6000 persons ....................................................................................... 29

Picture Political assembly ..................................................................................................... 31

Pictures Assembly by a NGO ................................................................................................ 31

Pictures Assembly with further restrictions ........................................................................ 33

Pictures Assembly with previous restrictions ..................................................................... 33

Pictures Assembly assisted by a policeman......................................................................... 36

Picture Assembly assisted by 35 policemen ...................................................................... 36

Pictures Assembly with arrested organizer ......................................................................... 39

Pictures Assembly with charged organizer ......................................................................... 41

Pictures Assembly with aggression by third parties 1 ....................................................... 43

Pictures Assembly with aggression by third parties 2 ....................................................... 43

Pictures Assembly terminated illegally ................................................................................ 43

Pictures Peaceful assembly resulted in retention ................................................................ 51

Pictures Assembly held without arrested organizer .......................................................... 52

Pictures April 6th ...................................................................................................................... 54

Pictures April 7th in PMAN .................................................................................................... 58

Pictures April 7 in front of Presidency and Parliament ..................................................... 61

Pictures April 7 Key Events ................................................................................................... 66

Pictures Fence around the Presidency .................................................................................. 68

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

7

1 Executive summary The report was prepared under the project implemented by the Resource Center for Human Rights (CReDO) from January to August 2009, supported by Soros Foundation in Moldova. The information basis of the report was supplemented by monitoring the freedom of assembly conducted during September-December 2009, with the support from the OSCE Mission to Moldova and the Balkan Trust for Democracy. The report presents observations on freedom of assembly during 2009, and analysis of developments in the area under the information gained in comparison with previous periods. The current report presents and analyzes the legal and practical framework for the exercise of freedom of assembly in Moldova. The report records progress in implementing the new law on assembly introduced in April 2008 and progress in adjusting the practical framework to the formal framework. It also presents quantitative and qualitative evidence gathered in the monitoring process to support the thesis set out. The findings confirm a positive dynamic in the exercise of freedom of assembly in Moldova. The new regulatory framework provides greater freedom in the organization and conduct of peaceful assemblies to organizers and participants. Total number of assemblies and the number of spontaneous assemblies is increasing and the rate of violent assemblies is decreasing (from 2.6% in 2008 to 2.1% in 2009). Authorities responsible for ensuring the conditions for exercising freedom of assembly appear to have adapted to the new legal framework. Local government representatives have developed tools such as the online platform http://chisinau.md/Manifestari facilitating the process of organizing and conducting assemblies. There are still deficiencies on the ability of local government representatives to assist assemblies in progress and deal with problematic situations that may arise during the assemblies. There are, also, signals indicating poor communication and collaboration between local government and law enforcement. In 2009 there were again cases where security forces have illegally stopped assemblies, have held participants, have applied undue force against peaceful demonstrators. However, compared with the last year, the degree of security forces intervention in peaceful assemblies is declining. The rate of detentions (from 4.9% in 2008 to 3.1% in 2009) and unreasonable charges (from 49 in 2008 to 19 in 2009) operated by the police are also decreasing. We still record lacks in security forces ability to ensure the safety of participants in assemblies, particularly against aggressive third persons. The prosecution of those who violate freedom of assembly still poses problems. The street actions of April 2009 are in contrast to general trends of the freedom of assembly in Moldova. The events of April 2009 are an exceptional situation for the freedom of assembly in Moldova, both by violence and consequences recorded, and the way empowered authorities and bodies responded. The assemblies held on 6-7 April are treated in a separate section of this report.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

8

The report makes a series of recommendations to improve the exercise of freedom of assembly in Moldova. The most important recommendations relate to capacity building of police and local government in assisting and managing assemblies:

Strengthening police skills and tactics to deal with confrontational behavior;

Creation of specialized groups of policemen who are responsible for the control and supervision of assemblies;

Better cooperation and communication between police and local authorities on the control of freedom of assembly and how to facilitate it;

Functional reorganization in the LPA for responsibilities arising from the law on assemblies;

Strengthening the capacity of LPA representatives to manage assemblies and work with organizers, particularly in conflict situations;

Effective action from the Prosecutors Office to investigate cases of infringement on freedom of assembly, including through police inaction.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

9

2 Introduction

Estimating the degree of compliance with freedom of assembly requires the collection of data and quantitative and qualitative information to understand the compliance practices in the field with the national and international legal framework. In this regard, during January to December 2009 the monitoring process of freedom of assembly in Moldova was continued. The monitoring process was started in December 2007 and was conducted in two previous periods: December 2007 – 21 April 2008 (on 22 April 2008 the new law on assemblies came into force 1) and 22 April – December 2008 2. The monitoring process was developed by a national network of observers under the coordination of CReDO. The assemblies are documented through an on-line monitoring platform, http://www.credo.md/assembly/3, which hosts information about all public assemblies and all monitoring reports. The monitoring process follows both international and national standards. Monitors abide a code of ethics. The period of monitoring documented in this report extends from January 2009 to December 2009 and builds on the information collected from the monitoring of the assemblies during the period December 2007 - December 2008. Objectives The monitoring report has several specific objectives:

systematization of existing freedom of assembly practice; analysis of how freedom of assembly practice and application of the existing legal

and institutional framework is respected, to ensure the freedom of assembly standards.

The project has an important educational effect on those actors practically involved in freedom of assembly rights: the organizers, the police, the media and the general public. Finally the project helps generating information, data and consequently evidence in order to make an informed judgment regarding the standard of practice relating to freedom of assembly.

Methodology The monitoring project has continued to produce a comprehensive database of assemblies for the period of January-December 2009. This information is based on the individual reports of each assembly monitored by one or several specially trained independent observers. The project has been monitoring more than 50% of all assemblies in Moldova, targeting particularly those that could have generated difficult situations.

1 The law on assemblies LPC26/2008 2 The Report on Implementation of Freedom of Assembly Policy in Moldova: January-December 2008 can be found at: http://credo.md/arhiva/documente/MoldovaAssemblyMonitoring2008%20v4%20ro.pdf 3 For video documentation of assemblies in Moldova visit internet television www.PublicTV.md at http://www.publictv.md/ro/Public_Assemblies/ - partner organization in monitoring the assemblies

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

10

The project targeted some difficult and generic situations through comprehensive case studies. Interviews have been held with the police officers and local authorities. Information has also been collected from the various specialized NGOs, from the media and from contacts among organizers about the assemblies, the law and the responses by the authorities. Statistical information and data has been compiled from the individual reports. The report discusses this information specifically in the context of the effective functioning of the new law, and from its conclusions, the report sets out a series of recommendations to improve the coherence of the application of the new law. The data and information in sections 3, 4 and 5, focusing on the description of findings of the assembly rights, are based on:

a) individual monitoring reports, which have specific information on each event. The reports are written by trained and experienced monitors, with complex assemblies monitored by several monitors. Their reports cover events prior to and during the assemblies and activities following the assembly, and focus on the role and actions of various factors including organizers, participants, police, local authorities and the judiciary bodies;

b) collection of data and information (including observed facts, numbers, Pictures and assessments), which are analyzed to form the core quantitative information on assemblies, while all individual reports are placed under the monitoring platform: http://www.credo.md/assembly ;

c) some individual reports have been complemented by case study research, including interviews with relevant actors, and collection of other relevant information;

d) information provided by representatives of public institutions and other stakeholders;

e) compiling of the statistical data in retrospective (old law, new law in first months and new law application at a later stage) and comparison of the statistics of the mentioned periods of time;

f) presentation of concise qualitative information on the case studies that explain the most representative situations.

Section 6, which shows the schematic deconstruction of events at the assembly of 6-7 April, is based on:

a) Information collected simultaneously by 16 observers who witnessed the concerned events;

b) Video records taken by 7 portable cameras, with over 70 hours of video; c) Discussions with relevant actors; d) Round-table discussions with the observers and other stakeholders about the

facts of 6-7 April: http://www.publictv.md/ro/Masa_Rotunda_Democratia_in_pericol_Drepturile_Omului_in_Moldova-16.04.2009

e) Selective publication of videos: www.PublicTV.md The report was elaborated by Serghei Ostaf (research design, analysis, writing) and Florin Gisca (monitoring coordination, case studies).

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

11

3 Organizing and Unfolding Assemblies This section contains a comprehensive overview of the public assemblies 4 unfolded in Moldova during the period from January to December 2009. Information and statistics collected during monitoring are related to information and data collected during the previous monitoring periods December 2007 – December 2008. In the case of assemblies that have not been monitored, some information has been gathered from the media, the relevant authorities, or directly from the organizers. The direct contacts established by members of the monitoring project with various municipalities allowed the project to have access to the first-hand information on assemblies.

3.1 Assemblies: number, types, forms

Public assembly is a tool of freedom of expression. Knowledge of issues related to the number of assemblies and how they manifest is important for understanding the extent and peculiarities of using this tool in Moldova. In 2009, in the period from January to December, in Moldova there were recorded 773 assemblies, of which 417 were directly monitored by the project monitors. The statistics and observations presented in this report cover the assemblies mentioned above.

Graphic 1. Dynamics of assemblies5

4 The law on assemblies LPC26/2008 Article 3. Main concepts In this law, the following main concepts mean: assembly – intended temporary presence of a group of people, located together in order to express ideas or attitudes; 5 The graph does not contain not monitored meetings organized by Varvara Zingan. From July 2007 Varvara Zingan pickets almost daily the Parliament (until April 2009) and the Prosecutor General's Office (from April 2009)

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

12

The analysis of the number of assemblies held in 2009 shows an upward trend compared with the monitored period during the old law. The lowest intensity of assemblies is observed in the holiday or celebrations months, that is, in January and August. During March and July there is an upward trend in the number of assemblies. During each of these months there were about 140 assemblies. This phenomenon is explained by the two electoral polls: the parliamentary elections on 05.04.2009 and the anticipated parliamentary elections on 29.07.2009. In the months preceding the election day, the number of assemblies was the highest. Thus, we see that the average monthly number of assemblies under the new law in non-election period is about 47 (50% increase compared with the average under the old law). During the election period, namely in February, March, June and July of 2009, the average is 109 assemblies (130% above the average in non-election period). These data combined with information about the organizers of assemblies show that the number of assemblies has increased due to increased activism of political actors. Public assemblies remain for political actors a popular and important tool that was used extensively during the election period throughout the Republic of Moldova.

- peaceful vs. non-peaceful assemblies The legislation in the field guarantees the peaceful exercise of the right of peacefull assembly. Using non-peaceful items is prohibited and punishable by law.

In 2009 the number of non-peaceful assemblies has increased slightly (9 non-peaceful assemblies) compared with the previous monitoring periods (7 non-peaceful assemblies). However, relative to the total number of assemblies, we note a reduction of non-peaceful phenomena, from 2.6% in 2008 after the introduction of the new law, to 2.1% in 2009.

Graphic 2. Peaceful and non-peaceful assemblies

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

13

Graphic 3. Peaceful and non-peaceful assemblies (%)

A general characteristic of violent phenomena produced by the organizers or participants in assemblies from Moldova is their isolated and reduced nature, in what concerning the extent and level of danger. Of the cases recorded so far in 2009, the violence of 7 April are an exception both in extent and intensity, as well as in effect. A further analysis of these elements is made in Section 6, dedicated to the events at assemblies in April. Another category of violence expression during assemblies is the aggressive intervention of third parties. Typically, these interventions are aimed at peaceful assemblies and in rare cases the stirred reaction was equivalent. Overall, in 2009 there were 24 aggressive interventions of third parties at peaceful assemblies. The degree of aggression and violence is highly variable in these interventions, manifesting from simply pushing up to causing slight injuries6. Most often, these interventions are short sequences of time, but the intensity of violence varies up to more serious forms, which have consequences on the participants and the assembly in general.

Case study 1. Non-peaceful assembly A – S. Association and E.T. 7

90 people, mostly elderly, attended the protest rally organized by the Association S. in PMAN on 17/03/2009. The demonstrators’ aim was to protest against increase in tariffs for gas and heat and to require rises in pensions and salaries. Nearby, about 30 meters away, it was held a counterdemonstration carried out by 2 people, organized by E.T.. Its purpose was to express adversity against the organizer of the first demonstration, M.L.. Counter-demonstrators accused her of irregularities and manipulation. The presence of counter-demonstrators irritated the participants at the greater assembly. At one point, the demonstrators of S. Association moved from verbal aggression to violent physical action, torning the counter-demonstrators’ posters and pushing them. In reply, the counter-demonstrators have taken 2 banners of the S. Association, returning them back only after several minutes of mutual pushing. Police managed to settle the conflict by separating the groups. At the end, counter-demonstrators waited for the dispersal of the others before leaving the Square.

6 “Wound contusion on the head, bruising on the face, abrasions on the right knee joint and right leg ... disturbing the health for 6

days but not more than 21 days" stated after the medical examination as slight injury. (Case study No 27.) 7 Video record of assembly: http://www.publictv.md/ro/20090317_salvgardare-18.03.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

14

Pictures Non-peaceful assembly A

Counter-demonstrators preparing their posters An old woman trying to forcibly take a poster

from counter-demonstrators

Pushing between demonstrators and counter-

demonstrators Deputy Commissar of CPS Buiucani intervenes to separate violent individuals.

Case study 2. Non-peaceful assembly B - M. Ţînţăreni Association On 16.01.2009 a group of 30 villagers from the village Tintareni protested against the disposal of Chisinau municipality waste in landfills around the village. During the assembly they blocked the road from the village Tintareni leading to dumps. For 5 hours all trucks carrying garbage were blocked. During this time, some of these trucks were seized by about 10 demonstrators who did not allow them to leave. This has caused acts of verbal aggression and sometimes pushing between drivers and protesters. After the trucks were allowed to leave, the road blockade continued till 23.01.2009. It lasted 171 hours. Pictures Non-peaceful assembly B

Road leading to the dumps, blocked by a few

determined protesters

Trucks transporting garbage, blocked by participants in the assembly

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

15

Case study 3. Non-peaceful assembly C – 07 April 2009 in Bălţi

On 07.04.2009 around 1500 young people attended a protest movement that took place in the city of Balti. The protesters gathered in front of the City Hall since 17.00 hours to express disagreement with the outcome of parliamentary elections on 05.04.2009, to request repeated elections and support the demonstrators in Chisinau. They held a march on the following route: City Hall – 9-10 District - Chisinau Bridge - "Lucian Blaga" College – Vasile Alecsandri Square. On the way, the protesters were blocked by several cordons of police equipped with special anti-riot equipment. In total, the were over 100 policemen in uniforms and civilian. During the march there were seen several acts of physical aggression by the police. Several protesters were hit, some 15 persons were detained. In response to the police cordons and intervention, the demonstrators overturned trash cans en route and blocked the road in a few points. Finally, the protesters were dispersed by police intervention.

Pictures Non-peaceful assembly C

Police cordon that blocked the movement of demonstrators on the streets in Balti

Demonstrators going through one of the block districts of the city.

- spontaneous assemblies

After entering the new law on 22.04.2008 it was observed an increase of spontaneous assemblies, in conditions when the new law governs the possibility to conduct such assemblies. In 2009, the number of spontaneous assemblies increased further, reaching to 3-4 per month, almost double to the comparable period in 2008, when there were 1-2 spontaneous meetings per month.

Graphic 4. Spontaneous and notified assemblies

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

16

About 1/3 of the spontaneous assemblies monitored in 2009 took place days after the April 5 elections. The events, in principle, extraordinary and unannounced, were one of the causes of the increased number of spontaneous assemblies.

Case study 4. Spontaneous assembly - A. V.’s fellows

On 17.03.2009 around 200 fellows and friends of A.V. (who was killed in unexplained circumstances by a police officer) gathered for the funeral ceremony of the latter. Due to matters of procedure, the funeral was postponed for the next day, and all those present decided to go in a protest march to MAI and General Prosecutor's Office. The march was held on the route: Pushkin Street – Bd. Stefan cel Mare (MAI) – Armeneasca Street (GP) - Bd. Stefan cel Mare - B. Bodoni Street (GP). The march was conducted with blocking the trunk roads and the atmosphere was marked by tension, finishing with the detention of one of the participants. The assembly, which lasted 2.5 hours, was not notified at the City Hall.

Pictures Spontaneous assembly

Protest march against police on Bd. Stefan

cel Mare

Some demonstrators running, shortly after the detention of one of their colleagues.

The share of assemblies not notified to the authorities fell by almost 15% from the previous monitoring period, reaching up in 2009 to 71.5% of the monitored assemblies. A cause was the increased number of assemblies that by law do not require notification procedure 8, and for which the organizers did not feel the need to notify the authorities. Most such actions were those shown in case study 9. In addition to these cases, the organizers are usually subject to the notification procedure of local authorities. One reason for this practice is that many organizers perceive further the notification procedure as a mandatory procedure for authorization. Another factor supporting this perception is the attitude of police representatives, demanding usually from the assembly organizers "the authorization" and not "the statement".

Case study 5. Not notified assembly – Residents of A. Street

Nine residents of a block located in A. Street of the city C. have picketed on 06.02.2009 for two hours the City Hall. They asked to stop the construction of a building adjacent to their home, whose ascension beyond the limit set in the architectural project would violate their easement of view. The nine people demonstrated peacefully, showing a few boards with text to City Hall officials. The protesters have not notified any local government authority on the assembly which they were done in front of the City Hall.

8 The law on assemblies LPC26/2008 Article 12. Exceptions to the notification procedure

(1) If spontaneous assembly, notification is permitted without respecting the written form or the compliance period specified in Article 10. (1), the provision of information on the assembly location, date, time, purpose and organizer, and on services required from the local government authority being sufficient. … (5) It is not mandatory to notify the local government by prior declaration for assemblies with a small number of participants. If the organizers of such assemblies require certain services from the local government authority or desire to mount temporary buildings, they shall make a prior declaration to that effect in writing at least one day before the date of the assembly.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

17

- various forms of assemblies The form it takes a certain public assembly depends directly on what it seeks, but also on the imagination and organizational capacity of those who are responsible. There is no classic pattern to conduct a meeting that would fit for any public demonstration, but experience shows the recurrent feature of certain forms, more comfortable and more expressive. Thus, according to observations, the most common form of assembly in Moldova is picketing of institutions. The picketing is often a way of expressing protest, involving a small number of people or even a single person. Indicative for picketing is V.Z.'s action, which started in July 2007 by picketing the Parliament. In April 2009 V.Z. changed the picketing place, moving in front of the General Prosecutor's Office. V.Z. is present at the picket almost daily, from morning till evening.

Pictures Assemblies in front of Parliament and General Prosecutor’s Office

V. Z. picketing the Parliament on 26.02.2009 V. Z. picketing the General Prosecutor’s Office on

01.06.2009

Moreover, the protest is one of the main reasons for the assemblies held in Moldova. A lot of assemblies or demonstrations are another form of expression of protest.

Graphic 5. Forms of assemblies

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

18

On the dynamics of the forms of assemblies, one can see a constant proportion of them. Picketing and demonstrations/meetings are the most common forms, followed in about the same number by processions, social or cultural activities. In the electoral period it was noted as a form of expression the increased use of marches.

Case study 6. Manifestation A - D Party Olympic 9 On 20.03.2009 D. Party held a demonstration at the gates of the former Republican Stadium. The demonstration had in program a satirical opening ceremony of the Olympic Stadium on the existing ruins of the former stadium. The ceremony was attended, among others, by characters like the President and the Prime Minister of Moldova. The opening ribbon was cut and the UEFA Champions League anthem was sung. The assembly was attended by about 60 people. The purpose of the assembly was to caution the public about the situation of the former Republican Stadium, which is managed by the Moldovan Government. Pictures Assembly in form of manifestation

Ironic imitation of the Olympic Stadium

opening ceremony Demonstrators discussing among

themselves, almost at the end of the assembly

Case study 7. Manifestation B – PL, PLDM and AMN in PMAN

Nearly 350 people representing 3 political parties: PL, PLDM and AMN, took part in a protest in the PMAN Square on 21.07.2009. The purpose of the demonstration was to express opposition to the PCRM Party and request to voters not to vote it at the next parliamentary elections of 29.07.2009. The action ended with a march to the Presidency and Parliament. Pictures Assembly in form of manifestation and marching

Demonstration under way in the PMAN

Square Demonstrators marching to the Presidency and

Parliament

9 Video record of assembly: http://www.publictv.md/ro/20090320_pd_olimpic-20.03.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

19

Case study 8. March – March of AE Movement

On 29.03.2009 the AE Movement Party held an electoral march against corruption. The march had as its starting point the party headquarters in Chisinau, then crossed the city along the Bd. Stefan cel Mare. The march was attended by about 3,000 people who moved in a narrow column on half of the carriageway of the road. AE Movement conducted similar marches of smaller scale in other 12 cities of the Republic of Moldova during the election campaign. Pictures Assembly in form of marching

Column of AE Movement march held in

Chisinau AE Movement march held in Cahul on

15.02.2009

Case study 9. Peaceful picket10 Since 23.01.2009 representatives of the PLDM Party carried out the action with the theme "The countdown of the communist governance". In this action, daily, for up to 20 minutes since 12:00, the Presidency was peacefully picketed. Demonstrators displayed a panel with the number of days remaining in the mandate of the President. The action lasted till 04.04.2009, registering a total 72 of assemblies. Pictures Assembly in form of picketing

Demonstrators - in front of the Presidency on one of the first pickets (left) and mid-term (right)

- duration of assemblies

70% of all assemblies held in Moldova in 2009 had a duration of less than 3 hours. Of these, a bit less than half lasted till one hour. Compared with earlier periods, there is a constant decrease in the share of assemblies lasting from 1 to 7 hours, for assemblies lasting up to one hour. This is explained by the fact that the procedure for organizing an assembly was simplified and the organizers and participants prefer to conduct shorter

10 Video record of assembly: http://www.publictv.md/ro/20090126_pldm_presedintie-17.03.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

20

assemblies, but repeatedly, than to conduct prolonged assemblies. Another factor that influenced this proportion were the two election periods, which led inevitably to a greater number of street actions organized by political actors, most of which were short, up to 1 hour.

Graphic 6. Duration of assemblies (%)

In the monitored period one notes the increased share of assemblies lasting from 7 to 12 hours, and the number of those exceeding 12 hours. While the latter number is small (3 assemblies), it should be noted however that such assemblies take place. These special cases should bring up the reasons that determine the participants to remain in the streets, sometimes in unfavorable conditions, for 24 or 171 hours 11.

Case study 10. Duration of assembly - 7 minutes On 22.03.2009, a group of 30 people took part in an assembly with the slogan "Change your light bulb" which was intended to get notice on the problems created by climate change. The participants brought light bulbs that were exposed for 7 minutes in the square near the fountain of Stefan cel Mare Public Garden, after which they dispersed. This event was part of the action to promote the event Time Planet held on 28.03.2009. Picture Short duration assembly

Demonstrators holding in their hands incandescent bulbs as a symbol of the struggle with climate

change

11 See case studies 2 and 13

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

21

Case study 11. Duration of assembly – 2 hours 20 minutes On 22.06.2009 IPB bank depositors have come to a spontaneous demonstration to call for their money be returned in response to the announcement of bank bankruptcy. The roughly 120 demonstrators picketed the bank and the Government buildings. The demonstration started at 10.00 and lasted until 12.20. Around 12.00, the PMAN Square protesters were divided into two groups - one at the entrance from the Square and the second at the entrance from B. Bodoni Street. The same day, the IPB bank depositors picketed also the NBM building, since 16.00. Pictures Assembly with medium duration

Demonstration in front of IPB Bank IPB depositors' demonstration in the PMAN

Square Case study 12. Duration of assembly – 5 hours 15 minutes 12

70 employees of A.N. S.A. have picketed on 06.07.2009 the headquarters of the Ministry of Agriculture and Food Industry. The picketing started at 07.45 and lasted until 13.00. The protesters called for the reinstatement in office of the former director of the company. Also protesters expressed dissatisfaction with the new leadership of the company and with the existing debts to pay salaries. Picture Long duration assembly

Protesters show, shy, a banner in front of the Ministry of Agriculture

Case study 13. Duration of assembly – 24 hours 55 minutes

A group of 7 persons with visual impairments picketed the Presidency since 26.03.2009 at 09:55 till 27.03.2009 at 10.50. The 7 people have protested against the actions of O. Company, accusing it to violate the rights of persons with disabilities to normal living conditions. The picketing was silent, the demonstrators bearing several banners with accusations to the company concerned. During the

12 Video record of assembly: http://www.publictv.md/ro/20090706_avicola_maia-07.07.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

22

night the demonstrators remained standing in front of the Presidency, having with them only a few bags that were used as seats. Picture Assembly lasting over 24 hours

The protesters in fornt of the steps of the Presidency on the evening of 26.03.2009

The protesters on the steps of the Presidency on 27.03.2009, during the official visit of a

delegation from China

- peculiarities and complex elements in the assemblies

Next are presented some details and peculiarities of assemblies talking about the general atmosphere and tone of street actions in Moldova. The graph below reproduces the number of cases in which assemblies have been equipped with sound amplifier, the number of assemblies at which were present officials or notorious persons and media representatives, the number of counter-demonstrations and simultaneous assemblies, the number of assemblies in which attended medical emergency services.

Graphic 7. Peculiarities of monitored assemblies %

From comments made, every second assembly used a sound amplification device. The usefulness of these devices is twofold, one to communicate with participants in the assembly and the second to make known the message to passers, the affected persons

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

23

from nearby institutions, and media representatives. Often, these devices are necessary because the noise of the places where assemblies take place, located in areas with intense road traffic. Related to media representatives, they are present in more than half of the assemblies. However, either from lack of documentation or other reasons, the assembly messages are sometimes distorted through media channels. In any case, media channels are the most important means of disseminating information on assemblies and messages they communicate. At 21% of assemblies are present officials or well-known persons in society. There have been accounted all assemblies at which these persons have participated or assisted, even if they have not played an active or organizational role. We also note the existence of counter-demonstrations and simultaneous assemblies, as phenomenon of freedom of expression and functionality of the new law. If for counter-demonstrations are sometimes recorded certain disputes or incidents, then for simultaneous assemblies 13, they are carried out often merged without occurring clashes or incidents. Emergency services are present only exceptionally at assemblies.

Case study 14. Counterdemonstration - A. Church

About 500 members of A. Church participated in a demonstration held at Summer Estrada in the city of Balti, on 13.08.2009. The protesters sought to bring the biblical message to the public through various songs and speeches and to present the public a copy of a Bible. The participants moved together in march to the venue of the assembly. Around Summer Estrada, the members of the A. Church were met by approximately 400 people who were carrying a counter-demonstration. Counter-demonstrators had attempted to block access to Summer Estrada, but soon they left the church members to pass. During the songs and speeches from Summer Estrada, counter-demonstrators jammed the sound space with messages addressed to the public not to participate in demonstrations organized by the A. Church. Along the way, until the end of the assembly, there were formed small groups of participants from both assemblies that debated on the contents of the Bible. The assemblies ended peacefully at the organizers' initiative. Pictures Counterdemonstration

A. Church demonstrators at Summer Estrada. In the vicinity are the counter-demonstrators

Counter-demonstrators displaying peacefully posters with anti-Adventist messages

13 The law on assemblies LPC26/2008 Article 3. Main concepts

In this law, the following main concepts mean: ... simultaneous assemblies - assemblies that take place in the same place and at the same time, which may or may not have same reasons or goals, whose organizers may have similar, different or conflicting views.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

24

In the distribution of assemblies by day of week we note that weekend days (Saturday and Sunday) are preferred to the other days. The preference for days of rest is explained by increased availability of people to attend assemblies when they have more free time. The difference between the number of assemblies held on other days of week is not substantial, however, Wednesdays and Thursdays seem to be preferred by the organizers.

Graphic 8. Day of week

3.2 Assembly organizers, participants and assembly coverage

Further are discussed issues relating to the places where assemblies take place in Moldova and some characteristics of participants and organizers. Chisinau is still the favorite place to conduct assemblies in Moldova. Over 85% of all assemblies are held here. This phenomenon is explained by the fact that in Chisinau, as capital, are located the premises of the main institutions and organizations targeted by assembly organizers and participants. In addition, the events taking place in Chisinau are more likely to be mediated by national media channels, and therefore more likely to achieve their goal.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

25

Graphic 9. Geographic coverage of assemblies

As number of assemblies, Chisinau is followed by Balti and Cahul, but at a big difference. Public assemblies take place not only in cities but in rural areas, with an intensity considerably reduced, driven usually by issues of local interest.

Graphic 10. Places for holding assemblies in Chisinau

The main area to conduct assemblies in Chisinau and, implicitly, in Moldova, is Bd. Stefan cel Mare, between the streets S. Lazo and Armeneasca. Specifically there are located the headquarters of the main institutions of state and there are situated the major public places where, traditionally, people meet. Therefore, one of the vital areas for exercise and regulation of the right to free assembly is the Blvd. Stefan cel Mare, in the limits mentioned above. In this context it is important how the state institutions control and manage access to favorite spaces for public assemblies, some of which being close to the main institutions of state.

Statue

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

26

Graphic 11. Places of assembly in downtown Chisinau

Creating impediments in any of the places mentioned in the scheme virtually affects the exercise of freedom of assembly in the proportion corresponding to each location. In this sense, the Great National Assembly Square, Stefan cel Mare Public Garden (including the Stefan cel Mare Statue Square) and the spaces in front of the Presidency, Parliament and the Chisinau City Hall accounted in 2009 for 63.2% of all public assembly locations in Chisinau and 53% of all locations in Moldova. This share would probably have been higher if the spaces in front of the Presidency and Parliament buildings were not closed in the last eight months of the year, because of renovation works. Assemblies monitored in the period January - December 2009 had cumulatively about 116,185 participants. Most assemblies of Moldova still have less than 50 participants. Of these, just under half are assemblies with one participant. It should be noted that the 76 solitary assemblies monitored in 2009 were organized and conducted by 12 people. For some of them, is remarkable their insistence to continue the operation of this form of expression, perhaps because it is the last form to try to resolve the problems facing. Under the logistical aspect, people who protest solitary have more discretion in actions, not being constrained by organizational reasons when they conduct an assembly. Therefore, solitary assemblies are more unpredictable on their occurrence and on their beginning and ending time.

bd. Ştefan cel Mare Vasile A

lecsand

ri str.

N

S

E

V

A. P

uşk

in str.

G. B

ănu

lescu B

od

on

i str.

31 August 1989 str.

Downtown Chişinău

Veronica Micle str.

Headquarters of institutions

Popular places for public assemblies

1

A

2

B

3

C

E

D

F

G

4

H

I

5

7

1. Ministry of Interior (MAI) 2. Chisinau City Hall and City Council (CMC) 3. Government House 4. Parliament Building

6

J

K

Mitropolit Varlaam str.

Sfatu

l Ţării str.

S.L

azo str.

Arm

enească str.

A. Sidewalk in front of MAI 1,7% B. Sidewalk in front of CMC and City Hall 6,0% C. Great National Assembly Square (PMAN) 12,1% D. Triumph Arch Square 0,8% E. Square of Stefan cel Mare Statue 5,0% F. Alley of Classics and Europe Square of Stefan cel Mare Public Garden 14,2%

5. Presidency Building 6. Ministry of Agriculture and Food Industry (MAIA) (temporarily housed offices of Parliament) 7. Republic Palace (hosted meetings of Parliament)

M. C

ebo

tari str.

1,5 km

G. Square of Opera and Ballet Theatre 2,5% H. Sidewalk in front of the Parliament 7,9% I. Sidewalk in front of the Presidency 11,3% J. Sidewalk in front of MAIA 0,3% K. Sidewalk in front of the Republican Palace 1,4% Meetings held downtown Chişinău 63.2% (% of total assemblies in 2009)

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

27

Graphic 12. Number of participants at assemblies

c After entry into force of the new law on assemblies there was an increasing trend in the share of assemblies with up to 50 participants and a decreasing trend in the share of assemblies with 100-5000 participants. These data combined with data in Graph 6 (Duration of assemblies) make up the image of a typical assembly in Moldova, which would have up to 50 participants and would last up to 3 hours.

Case study 15. Solitary assembly – N. B. at Customs Service

On 09.05.2009 N.B. picketed the State Customs Service headquarters. N.B. protested because, as he was saying, Customs Service has not authorized the entry of his transport in Moldova in 2005. As a form of protest, he displayed on the sidewalk in front of the entry in the building the documents he had about that case. Pictures Solitary assembly

N.B. in front of the State Customs Service Documentation posted on the sidewalk in front of

the entry

Case study 16. Assembly of 30 persons – SCOR Association 14

On 01.06.2009, 30 members of SCOR Association attended an assembly to aware the public and future mothers on abortion issue. The assembly took place in front of the Municipal Clinical Hospital No. 1. The participants wanted to inform people, especially young families, about the negative consequences of abortion. They improvised from plastic cups a large cross on the pavement in front of the Gynecology Department of the Hospital. By the end of the assembly, the participants observed a minute of silence around candles lit.

14 Video record of assembly: http://www.publictv.md/ro/20090601_ascor-01.06.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

28

Pictures Assembly of 30 persons

Participants build a cross of candles Assembly participants with the banner of

organizing association

Case study 17. Assembly of 250 persons - P. Union 15 250 children, teachers, representatives of the Communist Party and WW II veterans gathered on 19.05.2009 before the monument of V. Lenin to mark the International Day of the Pioneers. There were said speeches and sung hymns. At the end of the ceremony the young Octoberers present were welcomed among the pioneers.

Pictures Assembly of 250 persons

Demonstrators arranged in square, awaiting the

ceremony of welcome among the pioneers Guests of honor of the ceremony aligned at

the feet of the statue of Lenin

The increased share of assemblies with 2-50 participants occurred also due to election periods, when the intensity of assemblies held by smaller groups with political interest increased. In the monitored period were also recorded several assemblies with over 5000 participants. The reasoning behind these actions was electoral.

15 Video record of assembly: http://www.publictv.md/ro/20090519_ziua_pionerilor-20.05.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

29

Case study 18. Assembly of 6000 persons – PCRM Party, Opera Square 16

6,000 people attended a May Day meeting organized by the PCRM Party in the Opera and Ballet Theatre Square. The meeting lasted from 10.00 till 11.25, when participants dispersed. At the meeting have spoken people of the state leadership, including the President of the State, the Prime Minister and the President of the Parliament. Pictures Assembly of 6000 persons

The Opera Theatre Square full with

participants at the meeting The State top leadership holding speeches

Graphic 13. Organizers of assemblies

The deployment in 2009 of two ballot elections is reflected in the graph above, where is observed an increased activity of political actors. The number of assemblies held by these actors during the 4 months with higher electoral activity exceeds the number of assemblies held by them in prior periods and the number of assemblies held by other generic actors. Individuals and less NGOs are social actors who have a large share on the graph of organizers of assemblies. Clearly, individuals' public assemblies aim most often personal goals, and NGOs' assemblies have usually general social purposes.

16 Video record of assembly: http://www.publictv.md/ro/20090501_pcrm_scuar-08.05.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

30

Graphic 14. Organizers of assemblies %

One of the most active political actors in this period was PLDM, who organized over 100 assemblies. The following political actor in number of assemblies held is PL. The most constant organizer in recent years is the Falun Gong organization, which ranks as number 2 in number of assemblies held in 2009. Among the most active individuals who organize assemblies is Vladimir Gaidau, who held a marathon of assemblies at the end of 2008 - early 2009. Varvara Zingan is practically the most active organizer of assemblies in Moldova. From July 2007 Varvara Zingan pickets almost daily the Parliament (until April 2009) and the Prosecutor General's Office (from April 2009 to date). The number of assemblies held by her during the period included in the graph amounts to several hundred.

Graphic 15. Most active organizers of assemblies 17

17 The graph does not contain not monitored assemblies organized by Varvara Zingan. The number of assemblies held by her during the period included in the graph amounts to several hundred. From July 2007 Varvara Zingan pickets almost daily the Parliament (until April 2009) and the Prosecutor General's Office (from April 2009).

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

31

The most extravagant organizer was Anatol Matasaru, who by his actions has attracted media and public attention. We should also note the tandem of organizers Salvgardare (Maia Laguta) - Elizaveta Trunov, who entered several times into assemblies and counter-demonstrations on social issues.

Case study 19. Political party assembly –SD Party Glodeni Over 1,000 supporters of the SD Party participated in an electoral march organized by the party in the town Glodeni. The march began at the outskirts of the town and ended with a rally in front of the local Cultural Center. The assembly participants gathered in the town coming by buses and vans from villages of the entire district. Picture Political assembly

Final meeting held in the square in front of the Cultural Center of Glodeni

Case study 20. Assembly by a NGO - „Zebra”18

On 05.06.2009, 20 people, representatives of civil society and local celebrities attended a public assembly titled "Zebra", which aimed to raise drivers' awareness and drawing public attention to the problems of breaking traffic rules. The assembly participants wore placards with messages to the drivers and the media, exposing them while crossing the pedestrian crossings. The 20 walked for more than 1 hour on pedestrian crossings in downtown Chisinau. The assembly was organized by the Coalition for promotion of law and volunteering and TDV organization. Pictures Assembly by a NGO

Demonstrators displaying posters on a pedestrian

crossing on Bd. Stefan cel Mare One of the inscriptions shown by

demonstrators

18 Video record of assembly: http://www.publictv.md/ro/flash_mob_ul_vedetelor_Zebra-05.06.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

32

4 The Practice of Police Enforcement Assembly Rights This section discusses the involvement of the police in relation to the freedom of assembly. It discusses the policing practices, the enforcement of laws, the roles of local authorities and the intervention of third parties.

4.1 Police actions on assemblies

- Conditions imposed on assemblies

After entry into force of the new law, police was virtually deprived of the right and opportunity to impose conditions or restrictions to assembly organizers. However, as shown in the graph, there are still cases in which police representatives influence the conduct of an assembly by interventions to organizers. The interventions aim, usually, the opportunity or venue of the assembly, which by law are not matters for the police.

Graphic 16. Conditions and restrictions on assemblies

If under the old law, most of the conditions or restrictions on the conduct of the assembly were required before the start of the event, then in 2008, under the new law, we see an almost symmetrical reversal of the practice. In 2009 the practice of previous conditions almost disappears, being recorded 2 cases (0.5%), and regarding further restrictions and conditions on the assembly we recorded a downward trend of the share, from 23% in 2008 to 7% in 2009. Of the 30 cases when police imposed conditions or restrictions throughout the course of the assembly, in 18 cases organizers or participants have complied with them. 71% of monitored assemblies were notified to the local authorities. Of the non-notified, most assemblies do not require to be deposited a prior notification. The trend of decreasing the share of assemblies notified to local authorities began after the introduction of the new procedures for notification. Basically, compared to the period when the authorization procedure was in force, the rate of reported assemblies fell by 25%. Are welcomed in this respect the provisions of the new law that makes it easier to organize public assemblies.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

33

Case study 21. Further conditions or restrictions by the police - I. T. On 03.06.2009 I.T. was picketing the Republican Palace, where was held the Parliament session. Shortly after the beginning of the assembly, policemen present tried to persuade him not to protest. They did not allow him to go near the fence of the Republican Palace, to share messages prepared for the Parliament Members and the press who was standing on the steps of the Palace. He was repeated several times not to attract attention: "sit and make no noise, do not call attention". A Deputy Commissioner attending the assembly warned him if he would go on the stairs, to the press, he will terminate the assembly. The protester held the rest of the assembly sitting on a chair under the fence across the Republican Palace.

Pictures Assembly with further restrictions

I.T. carrying on shy the protest action in

front of the Republican Palace The Republican Palace before the arrival of

deputies to attend the meeting

Case study 22. Previous restrictions by the police –F. G. Organization

On 28.05.2009 members of the F.G. Organization announced the deployment of an assembly in front of the Republican Palace, where was to take place the Parliament meeting that would elect the head of the state. A few days before, police representatives have contacted the organizers, called them to police and announced them that it would be desirable for the assembly not to take place, in order to avoid any inconvenience. The assembly organizers, under the principles of the organization, decided not to clash with the police and canceled the assembly. Pictures Assembly with previous restrictions

Members of the F.G. Organization in one of

their many peaceful demonstrations. Members of the F.G. Organization -

Picketing the Chinese Embassy in Chisinau.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

34

- Number of police officers involved

Graphic 17. Police presence

The police have an obligation to ensure public order and security of participants in the assembly. They are present in different numbers, depending on the degree of difficulty of the assembly, the number of participants, or the progress of the assembly. Note that in 2009 usually an assembly is assisted by maximum 5 policemen. A higher number, up to 20 policemen, assisted about 34% of the assemblies monitored. Exceptionally, at certain assemblies attended over 100 policemen. Predominantly, these assemblies have been those that took place in the days following April 5. The usual practice, in which assemblies are assisted by the police, is in line with legal standards 19, according to which the police have a positive obligation to ensure security of the assembly and public order. In the monitored period in 2009 we note an increase in the average number of policemen per assembly. If in earlier periods the average number of policemen was 12, in 2009 this average increased to 15. However, this average is not representative for the whole period since it has been influenced by the exceptional assemblies in April when the number of policemen present exceeded several tens of times the average for the entire period.

19 Law on Police No. 416-XII of 18.12.90 Article 2. The main tasks of the police: The main tasks of the police are:

1) protection of life, health, honor, dignity, rights, liberties, interests and property of citizens against criminal attacks and other illegitimate attacks; 2) preventing and curbing crime and other offences; 3) finding and detection of delinquencies, tracking of people who have committed them; 4) maintaining public order and ensuring public security; 5) aid under the conditions and manner prescribed by this law, to citizens, government authorities, enterprises, institutions and organizations in order to protect their rights and their duties established by law; …

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

35

Graphic 18. Assemblies-policemen proportion

However, police presence at assemblies is constantly perceived by some participants or organizers as a negative aspect. This attitude came as a result of the presence of police in casual clothes and as a result of assemblies in which police intervention or non-intervention resulted in negative consequences for those assemblies.

Graphic 19. Uniform police vs. casual dressed police

According to observations, policemen dressed in casual clothes were present in 40% of all police units, down from the previous period when the rate was 52%. The numerical dynamics in this period was influenced by several factors, including the electoral period. Determining the number of casual dressed police officers presents further difficulties, including because of the police mode of operation and specifics.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

36

Case study 23. Assembly assisted by a policeman

On 17.07.2009, members of EMAV Party have picketed the Ministry of Ecology. The purpose of the assembly was to protest against the state of the environment in Chisinau and inefficient work of state bodies in this area. The assembly was attended by 19 people, some dressed in reflective vests, carrying banners and signs for the party. The meeting was assisted by one casual dressed policeman who was present on the spot with a camera to record the events. Pictures Assembly assisted by a policeman

Assembly assisted somewhere in the side by a police officer with a camera

Case study 24. Assembly assisted by 35 policemen - IPB depositors About 120 depositors of the IPB bank came to a protest rally on 22.06.2009. The demonstration began by picketing the bank building, then the protesters separated into 2 groups, over half of them went to the Government building. The assembly was assisted by a total of over 35 policemen. At the bank building no uniform policeman was present, but only about 10 casual dressed policemen arranged around the demonstrators or watching nearby. Among them were representatives of the Public Order Division of MAI. Uniformed police officers were only 8 - representatives of the Patrol and Sentinel Service SCUT, arranged in line in front of demonstrators, in front of the Government. Other about 17 policemen present in front of the Government, also in casual clothes, were from the district public order service, infiltrated into the crowd or standing in small groups on the perimeter. Among the latter casual dressed police officers were two people from the leadership of municipal police. Picture Assembly assisted by 35 policemen

Casual dressed police officers watching the

assembly across the bank, along with simple passers

Policemen in uniform and in casual clothes assisting the protest that moved in front of the

Government

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

37

4.2 Police intervention with assemblies

- Police use of barriers, detentions and other restrictions

Police are entitled to use various legal methods to achieve their positive obligation to ensure public order and freedom of assembly. Contradictions and problems relating to police interventions occur when the legality of such interventions is questionable. The main methods used by security forces are represented in the graphs below.

Graphic 20. Police intervention

We note that for the first time in the last 2 years, in 2009, police made use of special equipment. This happened in the context of assemblies after April 5, when it was used a various set of means, such as anti-riot equipment (shields, protective helmets, clubs), tear gas, water hoses, etc.. In one of the assemblies of April 7 were also recorded injuries to police. The policemen who suffered have not had appropriate protective equipment during the attack with stones in front of the Presidency. Even if the absolute value of some interventions increased (barriers, detention), their percentage share is down compared to previous periods (graph below). Thus, dispersion and use of force decreased by more than half, from 5.7% to 1.9% and, respectively, from 5.3% to 2.4% of cases. (see Graph 21).

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

38

Graphic 21. The relative weight of police intervention %20

Still declining is the incidence of cordons and detentions. However, regarding the detentions, more important is the qualitative aspect namely the circumstances in which was operated every detention21. The relevance and appropriateness of these methods of intervention can be assessed by examining each case separately, and based on court decisions rendered in connection with these methods.

Case study 25. Retention of organizer - A. M.22 On 29 January 2009 A.M. held a solitary protest in front of the Prosecutor General in Chisinau. The assembly took place on the pavement in front of the Prosecutor General building. In his protest, A.M. used satirical and hyperbolized graphic and sound means addressed to police and prosecutor. The protest was interrupted by police representatives after less than 15 minutes, claiming that the protester did not comply with the conditions of the prior declaration. The protester was violently detained by 4 police officers. In the court process initiated by the police under these events, the protester A.M. has been discharged.

20 The graph does not contain figures on people detained following the events on April 7. Detailed further information can be found in the report "Freedom, security of person and torture: The events of April 2009 in Moldova" developed by IDOM and CReDO http://credo.md/arhiva/documente/MoldovaLibertyTortureApril2009%20v8.pdf

21 The report "Freedom, security of person and torture: The events of April 2009 in Moldova" developed by IDOM and CReDO http://credo.md/arhiva/documente/MoldovaLibertyTortureApril2009%20v8.pdf 22 Video record of assembly: http://www.publictv.md/ro/protest_porcuror_de_ziua_procuraturii-29.01.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

39

Pictures Assembly with arrested organizer

A.M. in the nearly 15 minutes of peaceful protest in front of the Prosecutor General

Policemen arrived on the spot asking A.M. to follow them

Because the resistance opposed by A.M., policemen forcibly dragged him into the van

When calling to justice the assembly organizers or participants are invoked normally breaches of the Contraventional Code (approximately 96% of cases). In little more than 3% of cases are alleged violations of the Law on Assemblies. Contraventions referred to most often in the charges issued in 2009 are outrage and not too serious hooliganism. Of the allegations raised in 2009, 28% refer to contraventions against police, such as inobservance to request of police, resistance opposed to police, interfering with police or outrage. This index is declining compared to 2008, when the same misdemeanors were used in 47% of the cases of individual charges. A legal text which is still used in the charges to participants or organizers relates to authorization of assembly 23, although the law entered into force on 22.04.2009 does not provide an authorization procedure, but only a notification procedure (Article 10 of Law LPC26/2008).

23 Code of Administrative Offenses (repealed): Article 1741. Violation of law on the organization and conduct of assemblies 2) Organizing and conducting assemblies without town hall approval or without its authorization, and breach of assembly conditions (form, place, time), indicated in the permit, result in the application of fines to the organizers ( leaders) of the assembly in the size of twenty-fifth to fifty minimum wages.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

40

Graphic 22. Prosecuting reasons

The law on assemblies No. 26 of 22.02.2008 A a. 8(c) Prohibited assemblies B a. 10 Breach of notification procedure C a. 14 Changing conditions Code of Administrative Offenses of 29.03.1985 / Contraventional Code of 24.10.2008 D a. 174 Insubordination to of police / a. 336 E a. 174/1(1) Breach of notification procedure / a. 67(1) F a. 174/1(2) Unauthorized assembly / --- G a. 174/1(3) Failure of organizer obligations. / a. 67(3) H a. 174/1(4) Participation at unauthorized assembly / ---

I a. 174/1(5) Participation with objects that could cause damage/ a. 67(4) J a. 174/2 Breach of way to use the state symbols / a. 322 K a. 174/5 Opposing resistance to police / a. 353(2) L a. 174/6(1) Insult of policeman / a. 353(1) M a. 174/10 Interfering with legitimate police action / a. 349 N a. 174/15 Blocking transport / a. 225 O a. 164(1) Petty hooliganism / a. 354 P a. 191/1(1) Violation of regulations on residence permit Q a. 47/3(1) Insult / a. 69 R a. 200/1 Electoral agitation in the pre-election day / S a. … / a. 63(1) Parental failure T a. … / a. 181 Breaking the sanitary rules in public places

Other charges brought in this time to assembly participants or organizers relate to campaigning on the eve of elections, failure of maintenance, education and training of the child, and violation of rules to ensure cleanliness in urban and rural localities. Assessing the merits and fairness of police actions from which arise these accusations is the responsibility of courts. This issue is addressed in the section on case law. Observations in 2009 confirm the practice in 2008 when most of the allegations brought aimed the violation of certain administrative provisions rather than of rules concerning the organization and conduct of assemblies. Most of the charges relate further to the failure of legal relations between citizens and police.

Case study 26. Charges brought – S. I., Milk in PMAN Square

On 23.07.2009 S.I., farmer, milk producer, held a protest in PMAN Square. The organizer expressed protest against the authorities who do not support milk producers by spilling 2 cans of milk on the steps of the Government. During the assembly the protester had verbal quarrel with one of the municipal police chiefs. After the protest, S.I. was pursued and detained by some employees of the

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

41

police and taken to police station. He was charged with violating the rules to ensure cleanliness in urban and rural areas (Art. 181 par. 1 of the CAO (2009)) and not too serious hooliganism (Article 354 of the CAO (2009)). Trial on that case is ongoing in the first instance. Pictures Assembly with charged organizer

The protester in remote plan, with 2 cans of

milk next to him Milk spilled on the steps of the Government

Graphic 23. Organizers or participants prosecuted

Among the traditional organizers of assemblies, most charges in 2009 were brought to Anatol Matasaru. Of all the nominal organizers, PLDM, through its representatives, has acquired the most charges because of assemblies they have organized or attended by them.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

42

Graphic 24. Law enforcements bringing charges 24

Most cases of pleadings and, by default, of charges were brought, as in 2008, by the Buiucani Commissioner of Police. This is explained by the fact that most assemblies take place in this administrative district of Chisinau. An important aspect of police interventions in assemblies is related to failure of positive obligation to ensure public order and safety of participants in the assembly. In practice, this requirement materializes for some counter-demonstrations or some third party interventions. In 2009, the same as in 2008, the police was noted in several occasions by inaction and, by default, by failure to comply with the positive obligation mentioned 25. The case studies presented below come to exemplify the situation described.

Case study 27. Obligation to ensure safety of assembly - PG NGO 26 On 03.02.2009 around 40 people, representatives of various NGOs, protested in front of the Prosecutor General asking to respect the rights to freedom of assembly. At one point, peaceful protesters were violently attacked with sprays and abusive words by a group of 6 aggressive people. Within 1-2 minutes altercations and violence occurred between aggressors and demonstrators. After 2-3 minutes the aggressors left. Although police representatives in casual clothes were present at the assembly, they have not intervened in any way to ensure public order and the safety of peaceful demonstrators. One of the participants in the assembly was hit in the head and that caused him slight injury requiring medical attention.

24 The graph does not contain figures on people detained following the events on April 7. Detailed further information can be found in the report "Freedom, security of person and torture: The events of April 2009 in Moldova" developed by IDOM and CReDO http://credo.md/arhiva/documente/MoldovaLibertyTortureApril2009%20v8.pdf 25 The law on assemblies LPC26/2008 Article 21. Ensuring public order. Interrupting the assembly: (1) If during the assembly some

participants violate public order or the provisions of Article 8, the organizer, if necessary together with the police, will remove them. 26Video record of assembly: http://www.publictv.md/ro/manifestare_ong_libertatea_de_intrunire_si_altercatii_la_procuratura-04.02.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

43

Pictures Assembly with aggression by third parties 1

Masked aggressors sprinkling colored spray

over demonstrators Altercations between aggressors and some

demonstrators Case study 28. Intervention of third parties – AMN MAI 27 On 13.03.2009 around 100 representatives of AMN (political party) protested in front of the Ministry of Interior against the implication of this institution in the electoral campaign. At 5 minutes after beginning the protest, participants at the assembly were sprinkled with paint by 2 persons who immediately fled the scene. At the assembly was fixed the presence of at least 10 police officers in casual clothes. None of them has taken any action to prevent the intervention of outsiders or to catch the 2 persons. Pictures Assembly with aggression by third parties 2

The protesters sprinkled with paint One of the protesters who suffered most

Case study 29. Obligation to ensure safety of assembly – B. City

On 25.03.2009 5 AMN members dressed in jackets with the insignia of the party held in B. city a street electoral action. At one point, the 5 were approached by 8 people, representatives of an official event that was taking place in parallel. The 8 indicated them to cease the assembly, threatened them and forcibly undressed the jackets that they wore. Their posters were torn and thrown in the trash urn nearby. All these actions were carried out under the eyes of police who did nothing to protect the free conduct of the assembly and the participants against the aggression of the 8 people. Pictures Assembly terminated illegally

27 Video record of assembly: http://www.publictv.md/ro/20090313_amn_mai-18.03.2009

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

44

Police, assisting passive to aggression of

third parties. Demonstrators’ visual exhibits thrown in

trash urn.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

45

5 Facilitating the Assembly Rights by the Local Public Administration

After entry into force of the new law on assemblies, and in particular the notification procedure in place of authorization, local government representatives have limited powers of discretion in the conduct of assemblies. In most cases, local government role is limited to registration of prior statements on the conduct of assemblies, and informing and enabling subordinate services to facilitate assemblies. Under the new law, local public administration has still powers for limiting the right of assembly through legal proceedings in several cases. 28 Involving local government in facilitating the right of free assembly may be separated into several major stages. The initial stage is the stage at which local government takes note of the notification by registration of prior statement. The next step is to ensure the

conditions for conducting the assembly according to law and according to the requests of the organizers. This phase also includes communicating information about the assembly to security structures (police, SIS), which will ensure the safety of participants and public order during the assembly. A third step is to assist the assembly, especially in problematic situations when, by law, it is required the intervention of a local government representative. The practice of facilitating the right of assembly by the local government does not record usually problematic situations. However, there are certain issues, illustrated below, which lead to restricting the exercise of freedom of assembly.

Registration of notification The notification procedure has been simplified by the provisions of the new law, to a simple registration of prior statement filed by the organizer. Depending on the location and the intensity of the number of assemblies, the responsibility to register has been delegated to various representatives of the administrative structure. In some places this function accrues to the Mayor or Deputy Mayor, in other towns -to legal directions, and in Chisinau - to the Social Humanitarian and Interethnic Relations Directorate.

28 The law on assemblies LPC26/2008 Article 14. Changing conditions for the conduct and prohibition of assemblies

(1) When examining a prior statement or an application, and to ensure public order during the assembly, public authorities will act so as to eliminate only illicit elements of the assembly, securing as much as possible the right to assembly. (2) If, from the prior statement or other data it holds, emerges that the purpose or conduct of the assembly as planned violates the Constitution of the Republic of Moldova or may lead to breaking the law, local government authority shall inform without delay the organizer on the obligations it has as such, and draws it attention to the existing legal framework. (3) If deemed necessary to ensure peaceful conduct of the assembly, the local government may recommend the organizers to change the conditions for conducting the declared assembly, regarding time, place or form of conduct. The final decision on modifying the time, place or form of conduct of the assembly belongs to the organizer. (4) If it has conclusive evidence that the assembly is to be conducted with breaching Article 8, the local government may initiate a judicial proceeding, requiring the prohibition of the assembly or amendment, as appropriate, of its time, place or form of conduct. The initiation of this action does not suspend the right to conduct the assembly. (5) The court examines the request to ban the assembly or to change, as appropriate, its time, place or form of conduct and takes a decision no later than 3 days after submission. (6) The court may adopt one of the following decisions: a) prohibition of the declared assembly or change of its time, place or form of conduct; b) maintain the right to conduct the assembly. Article 15. Impugnment of judicial decision. Either party has the right to appeal, not later than 3 days from the date of delivery, the judicial decision adopted under Article 14.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

46

In facilitating the right to freedom of assembly 29 at this stage, local government, under the law, can only take note of the prior statement, with possibility of limiting through legal proceedings, but without rejecting it. In most cases, there is no deviation from established legal procedure, only exceptionally, representatives of local authorities do not comply with the legal procedure. These cases occur in villages with low incidence of the number of assemblies, where the practices are still connected to the provisions of the old law, which is no longer in force.

Case study 30. LPA facilitating – C. village 40 inhabitants of the C. village organized themselves to conduct a protest action against the local mayor. A few days before the scheduled assembly, the assembly organizers submitted to the Town Hall a prior statement about the planned protest. The mayor refused to receive the prior statement that organizers wanted to submit. On 17.05.2009, the day of protest, the demonstrators heading to the Town Hall were approached by the area policeman who did not allow them initially to conduct the assembly because of lack of authorization. In response, the assembly organizers called by telephone from the District Center a copy of the law on assemblies. At their request, they received by fax a copy of the Law LPC26/2008, which they presented to the area policeman. After consulting the Law, the policeman allowed the roughly 40 demonstrators to carry on the protest. The assembly lasted about 3 hours, then the participants dispersed. The mayor was not inside the Town Hall at the time of the protest, being in a trip.

In Chisinau, in 2009 local government has developed the practice of placing extracts of prior statements on the website of the City Hall at http://chisinau.md/Manifestari. Placing on the online platform of information about assemblies to be held is welcome and creates prerequisites for ensuring transparency and information about assemblies in the city to interested persons. Being a new procedure one records, however, certain shortcomings, such as delayed placement of information about assemblies. Sometimes this information is placed after the assembly was consumed. The online platform can also be used to communicate with subordinate services and security services. On-line method or any intranet system would ensure efficiency of information exchange, even in cases of spontaneous assemblies. As the city with most assemblies, Chisinau could develop and operate systems to be introduced later in other cities. Another phenomenon recorded especially in Chisinau is the use of the law on assemblies, and in particular the notification procedure, for organizing and conducting events that fall outside the definition of public assembly specifically provided for in the law on assemblies 30. Thus, during 2009 were notified and held events such as concerts, racing, circus representations, observations of stars, sports competitions, collection of blood, aerostatics flying, etc. A cause of this phenomenon is misunderstanding the concept of public assembly. Another reason could be lack of procedures and legal mechanisms adapted to the types of events listed. Some of the events that have been subject to the notification procedure under the law on assemblies do not require, in principle, an authorization or even notification procedure, and others could fall in events with different legal status. In this case, relevant institutions should study this

29 The law on assemblies LPC26/2008 Article 10. Notification procedure ... (3) The local government records the prior statement

and issues to the organizer a stamped copy of it, which shall contain the registration number, date and time of statement. 30 Idem pag. 14

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

47

phenomenon and dissociate different types of events to establish appropriate democratic mechanisms of each event. Ensuring the conditions to conduct the assembly Local government authority is required to create all conditions for the peaceful conduct of the assembly 31. To this end, it shall timely inform the subordinated units and take all measures necessary for the proper conduct of the assembly, provided that the organizer has complied with the procedure for applying for this service. Some services, such as use of electricity or medical services are provided against payment.

Case study 31. LPA facilitating - B. City - AE Movement On 29.03.2009 AE Movement conducted an assembly in B. city. Within it, 700 participants have gone in march from a park to the center of the city, where it was also organized a meeting finished with a concert of a known band. Although in the prior statement submitted at the town hall it was sought to facilitate the use of electricity in the public square where the meeting and the concert were to take place, at the time the demonstrators arrived electricity was lacking. The causes of lack of electricity have not been found and, consequently, the problem could not be resolved. For these reasons, the planned concert has not taken place.

In 2009, in particular during the electoral period, there were several cases in which assemblies were lacking, for shorter or longer periods of time, access to electricity use. A summary research of these cases could not reveal the causes of incidents and could not identify the culprits. Some weaknesses at this stage were reported by representatives of police units, who were discontent on the communication with local government regarding the information about the assemblies to take place. Most times, it was invoked the delay in presenting the information, by which reason police would fail the tactical preparation to assist the assemblies. Assisting the assemblies According to the law on assemblies, local government authority assigns a responsible 32 for each assembly, who has, inter alia, the responsibility to ensure public order, to interrupt33 and disperse34 the assembly. In practice, almost every assembly has a responsible official appointed from the administration, but in very few cases he/she is

31 The law on assemblies LPC26/2008 Article 10 Notification procedure ... (4) Public authorities shall take the actions necessary to

ensure the services required by the organizer, which are normally provided by the subordinate bodies and the enterprises they manage. 32The law on assemblies LPC26/2008 Article 20. Rights and obligations of local government authority

(1) The local government authority has the following obligations: a) to create the conditions for peaceful conduct of the assembly; b) to designate a responsible for the legal conduct of the assembly and to inform the organizer and the police about his/her name and contact details … 33The law on assemblies LPC26/2008 Article 21. Ensuring public order. Interrupting the assembly

… (2) If during the assembly occur actions which seriously violate the provisions of Article 8, the representative of the local government authority will require the organizer immediate cessation of the assembly. This is an exceptional measure that can be used only if other measures are not sufficient to ensure a legal conduct of the assembly. … 34The law on assemblies LPC26/2008 Article 22. Forced dispersion of assembly

(1) If the assembly organizer does not observe the demand of the representative of the local public authority or fails interrupting the assembly, the representative shall ask the dispersion of participants. …

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

48

physically present at the venue of the assembly, and therefore he/she cannot exercise the responsibilities listed.

Graphic 25. Assemblies assisted by a LPA representative

Only 4% of all assemblies monitored in 2009 were assisted by the responsible designated by local government authority. In the event of cases when the law requires their intervention to ban or disperse the assembly, their absence may result in the vacuum of authority and therefore conflict situations. Absence of officials from assemblies is determined by inadaptation of administrative structures to the law on assemblies. In the Chisinau City Hall, the responsibility to registrate the statements and assist assemblies is assigned to a single employee. Some responsibilities are taken sometimes by other 2 employees. All persons delegated with responsibilities under the law on assemblies have also other responsibilities in the local government. Given that, on some days, in Chisinau are held up to ten assemblies, these delegates do not have the physical capacity to attend all assemblies. Moreover, officials responsible for public assemblies from local governments are not specifically trained to manage problematic situations that may arise in the conduct of assemblies. In this regard, police representatives have expressed dissatisfaction with the capacity and degree of involvement of government representatives. In Chisinau, there would need 2-3 people who have in charge only public assemblies. Regarding the professional profile of these people, they should know first of all the legal proceedings relevant to public assemblies. In addition, the delegates should possess knowledge on communication, mass psychology and modus operandi of the security structures, to manage all possible situations.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

49

6 Court Jurisprudence on Assembly Rights

6.1 Courts Jurisprudence on Assembly Rights

In 2009 the number of charges brought as a result of the organization or conduct of public assemblies has decreased compared with the previous year. Further, courts have not held most of the charges brought to assembly organizers or participants. Thus, of 27 individual charges brought, 13 were discharged in the first instance, and other 6 in the second instance. Some of the processes initiated in the monitored period are in progress. For now, 70% of the individual charges brought in 2009 have found no legal basis. Note that in most cases, the calling in trial was preceded by retention or obstruction of people accused to participate in those assemblies.

Graphic 26. Court jurisprudence

These statistics reveal a situation which shows either that the body who brings charges does not have or does not give sufficient evidence to support these accusations, or the accused persons have not committed the acts they are charged.

16

9 7

58

42

7

27

13

6 0

10

20

30

40

50

60

Individual charges

Old law dec 2007- 21 apr 2008

New law 22 apr - dec 2008

New law ian - dec 2009

Period

Individual charges 1

st instance acquitted

2nd

instance acquitted

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

50

Graphic 27. Court decisions during the new law on assemblies

The law on assemblies No. 26 of 22.02.2008 A a. 8(c) Prohibited assemblies B a. 10 Breach of notification procedure C a. 14 Changing conditions Code of Administrative Offenses of 29.03.1985 / Contraventional Code of 24.10.2008 D a. 174 Insubordination to of police / a. 336 E a. 174/1(1) Breach of notification procedure / a. 67(1) F a. 174/1(2) Unauthorized assembly / --- G a. 174/1(3) Failure of organizer obligations. / a. 67(3) H a. 174/1(4) Participation at unauthorized assembly / ---

I a. 174/1(5) Participation with objects that could cause damage/ a. 67(4) J a. 174/2 Breach of way to use the state symbols / a. 322 K a. 174/5 Opposing resistance to police / a. 353(2) L a. 174/6(1) Insult of policeman / a. 353(1) M a. 174/10 Interfering with legitimate police action / a. 349 N a. 174/15 Blocking transport / a. 225 O a. 164(1) Petty hooliganism / a. 354 P a. 191/1(1) Violation of regulations on residence permit Q a. 47/3(1) Insult / a. 69 R a. 200/1 Electoral agitation in the pre-election day / S a. … / a. 63(1) Parental failure T a. … / a. 181 Breaking the sanitary rules in public places

6.2 Concise discussion of some selected cases

In this section we will discuss some cases to exemplify and at the same time to give some favor for the administration of justice on assembly cases.

Case study 32. Charges brought - TRM protest (infant participants)

On 15.06.2009 A.M. was picketing the TRM building. Two infants, A.G. and A.R., aged 17 and respectively 15 years joined voluntarily. After about 30 minutes, two policemen in casual clothes asked the infants to present the ID cards, then retained them and led them to the General Police Station. On the way, the police took the infants' mobile phones and did not allow to communicate with each other. The juveniles were detained at the police station until 18.00 (for six hours), being interrogated and intimidated. A.G. and A.R. subsequently complained that they were required to give the passwords of their e-mail addresses, so that police could investigate their correspondence, because they were suspected to have participated in the mass disturbances of April 7, 2009. Although the infants were brought to the police at around 12.00, their parents were told only in the afternoon, at about 16.00, about the fact that their children were detained. Subsequently, on 16.06.2009, the minors' parents were asked to the police station where they received minutes on the

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

51

breach of parental obligations to educate minors (Article 63 of the Contraventional Code35). As grounds for police allegations was invoked the fact that the minors were detained because they were in the territory adjacent to TRM, where a demonstration was taking place, and the two, being minors, were not entitled to participate in rallies and protest demonstrations. Although the court stopped the administrative trial against the minors' parents, the prosecution have not investigated this case of assembly interruption. Pictures Peaceful assembly resulted in retention

Picketing the TRM building, where joined

the two juveniles detained. Package which serves as a banner for the

protester in the left image.

As revealed by the statistics, the practice of the courts is in most cases to give profit to those persons exercising their legal right to assembly. This confirms, in principle, that in most cases the assembly participants or organizers exercise their rights under the law in force without violating the rights of others. Another fact confirmed by the statistics is that most times when police initiate offense processes does it in excess of powers or improperly. However, cases where police representatives are held accountable for excess of duties in situations related to public assemblies are exceptional. This is happening also because people who have suffered make no recourse to legal remedies that may call to account those who violated the law. In the case described above, only one juvenile has made a complaint to the Prosecutor General to investigate the case.

Case study 33. Judgement - „Spirit Românesc” E. R., G. S On 27.03.2008 near the Triumph Arch in Chisinau it was held a demonstration to celebrate 91 years from the union of Bessarabia with Romania, under the title "Romanian spirit". The demonstration, attended by 200 people, went peacefully and lasted less than two hours. In the period preceding the day of 27.03.2009 more citizens of Romania and the Republic of Moldova has been refused the entry in Moldova. The organizer of the demonstration, E.R., was unable to attend the assembly because he was detained by police on the evening of 26.03.2009 together with G.S., a Romanian citizen who intended also to attend the assembly. Against the two were started contraventional trials under Articles 164(1) and 174/6(1) of the CAO 36. On 27.03.2009 the first instance found G.S. guilty, fined

35 Contraventional Code of the Republic of Moldova, Article 63. Failure of obligations of maintenance, education and training of the child: (1) Failure or inadequate performance by the parents or the people they replace of obligations of maintenance, education and training of the child shall be punished with fine from 5 to 20 conventional units. (2) The actions specified in para. (1), if followed in lack of supervision to the child, vagrancy, begging or committing by this a socially dangerous act, are punishable by a fine of 15 to 25 conventional units applied to the parents or persons they replace, or unpaid work for the community of up to 40 hours.

36 Code of Administrative Offenses (repealed): Article 164. Not too serious hooliganism

Not too serious hooliganism, or abusive words or expressions in public places, offensive moorage to citizens and other similar actions that disturb public order and tranquility of citizens, - result in a fine applied to citizens in size up to five minimum wages,

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

52

him with 10 c.u. and ordered to be expelled. Following the appeal, the case was retrial. The court of retrial ended the contraventional action against G.S. on 02.06.2009. Also on 27.03.2009, E.R. was fined with 3 c.u. under Article 164(1) and punished with administrative arrest for 48 hours. E.R. was released on 28.03.2009, after 55 hours. Following the appeal, the case was submitted for review. The contraventional process against E.R. was stopped on 24.06.2009. On 27.03.2008, the organizers of a similar assembly were detained prior to the assembly, and a Romanian citizen was deported on the same day. 2 other persons were detained after the assembly. All those detained in 2008 were subsequently acquitted by the courts. Pictures Assembly held without arrested organizer

Celebration of 91 years of Union near the Triumph Arch, without the formal action

organizer.

Policemen in civilian clothes in a small meeting on the spot, after the assembly.

This case reveals a negative practice of the police, repeated for two years after the same scenario. In addition, we also see a repeated practice of the courts, which, at first instance, ordered measures through which assembly organizers or participants have been prevented from participating in relevant assemblies. Each time the final decision was favorable to assembly organizers or participants, but only after applying measures through which, basically, the persons against whom was started the contraventional process were prevented from exercising their right to free assembly. Among the decisions rendered by the first instance which have been performed, and which were later dismissed by the appeal court, are measures such as enforcement of administrative arrest for 48 hours, in two cases the immediate expulsion of foreign citizens, and administrative fines. In fact, both in 2008 and in 2009, organizers of the assembly held on the occasion of the feast "Union of Bessarabia with Romania" could not be present at the assembly, and therefore was affected not only their right to freedom of assembly, as well as the smooth conduct of the assemblies.

and, if under the circumstances, taking into account the offender's person, the application of this measure will be considered insufficient, - administrative arrest for a term of up to fifteen days. Code of Administrative Offenses (repealed): Article 174/6. Outrage against police officers Outrage against police officers, that is premeditated offending his honor and dignity, outrage against another employee of the bodies of internal affairs or a person in the exercise of public service or maintenance of public order and combating crime, expressed through action, words or in writing - result in a fine in amount of up to ten minimum wages or administrative arrest for a term of up to fifteen days.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

53

Case study 34. Judgement – M. B. Case

On 17.03.2009 A.V.'s colleagues and friends were carrying out a spontaneous protest march on Stefan cel Mare Boulevard to MAI. During the march, the participants blocked the traffic on the streets. At one point, several casual dressed police officers seized a participant in the assembly (M.B.) forcing him into a minibus with civil registration plates. The young man was thus detained by the police, led to the police station and then tried the same day. By the judge's decision, M.B. has been fined by the Centru court with 160 lei for breach of period on prior statement (Article 174/1(1) CAO (1985) and intentional blocking of the arteries of transport (Art. 174/15 CAO (1985))37. The offender's ID card was held until he presented the invoice of 160 lei for the fine paid to the Savings Bank.

The circumstances of this case suggest infringement of judicial right to appeal, by applying constraints. In the case documentation process, the offender refused to provide any information, seeming at least intimidated by the treatment that was applied to him. The practice of judicial experience of people who have exercised their right to freedom of assembly in Moldova demonstrates their inconsistency by refusing to use the procedural levers provided by applicable law. Over the past two years have been noted several cases in which the assembly organizers or participants claimed to have been infringed the right to free assembly and other related rights. However, most of these people have not turned to the courts empowered to confirm these violations.

37 Contraventional Code of the Republic of Moldova Article 174/1(1). Violation of law on the organization and conduct of

assemblies. Violation of the term and manner to examinate the statements on the conduct of assemblies - shall entail a fine in size from twenty to thirty minimum wages. Contraventional Code of the Republic of Moldova Article 174/15. Deliberate blocking of transport arteries, enterprises, institutions or organizations. Intentional blocking of transport arteries, buildings (objects) belonging to enterprises, institutions or organizations, with the installation of posts or otherwise, which caused or could cause disruption of normal operation of rail, air, river, car transport, enterprises, institutions and organizations - shall entail a fine of up to ten minimum wages. The same actions, committed repeatedly or by a group of people following a prior agreement, - shall entail a fine of up to twenty five minimum wages or administrative arrest for a term of up to fifteen days.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

54

7 Deconstruction of assembly events of April 6th and 7th 2009 06.04.2009 • There were demonstrations in the following locations:

– In front of the Chisinau City Hall, – At the Triumph Arch (The Great National Assembly Square), – In front of the Presidency – In the Great National Assembly Square – In front of the Parliament

In front of the Central Election Commission (CEC) After the results of the parliamentary elections on 5 April 2009 were communicated, several groups of people have claimed that elections were defrauded. At 12.00 at Chisinau City Hall was registered the first prior statement of the "anti-communist initiative", signed by V. Ungureanu and I. Mischevca, announcing the local public authority about an assembly between 12.30 and 18.30. in front of the City Hall, Triumph Arch, the monument of Stefan cel Mare, the Parliament and the Presidency. The assembly was forecasted to be attended by around 150 people. On the same day at 12.50 hours, another prior statement was submitted by the initiative group "I am anti-communist", signed by Gh. Brega, announcing the local authorities that the same day of 6 April 2009 from 17.55 to 18.55 near the monument of Stefan cel Mare will be conducted a public action of protest against the fraud of election results of 05.04.2009, which was proposed to be attended by several hundred people. At 13.15 at Chisinau City Hall about 80 people, led by V. Ungureanu and I. Mischevca, began the march to protest against election fraud. The march was led up to the Triumph Arch, where several speeches were held. The event lasted until 14.20 hours, after which participants in the assembly dispersed. Meanwhile, through mobile phones, thousands of subscribers have been notified about a public assembly at 18.00 by the next message sent via SMS: "6 April - day of national mourning in Moldova. Take a candle and get on the street. Flashmob, 18.00, Stefan cel Mare monument. GIVE FURTHER!". Similar messages were disseminated through social web networking like Facebook, Одноклассники and twitter38. As some of the organizers said, this information way has not been chosen and done by them, but by strangers.

Pictures April 6th

First assembly at the Triumph Arch

Evening, in front of the Presidency

Continuation - the evening in front of the Government.

Late evening, the intersection blocked (picture from a trolley with PMAN Square in the distance)

38 http://www.facebook.com/, http://www.odnoklassniki.ru/, http://twitter.com/

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

55

Summary April 6th 2009

• At Chisinau City Hall there were made 2 separate prior statements, • The first prior statement was filed by the initiative group "I am anti-communist", signed by

Vadim Ungureanu and Ion Mischevca. Time declared: 13.30-18.30; places declared: the Triumph Arch, the monument of Stefan cel Mare, the Presidency, the Parliament; it was declared the participation of several hundred people. It was asked "to be respected our rights of free speech and public manifestation, not to be persecuted by the force organs". The second prior statement was filed by the initiative group "I am anti-communist", signed by Ghenadie Brega, Natalia Morari, Elena M., Dragos G. and Anatol. Declared time: 17.55 - 18:55; places declared: the monument of Stefan cel Mare. It was declared the participation of several hundred people. It was required to ensure public order.

• During the day of 06.04.2009 through social networking websites and mobile networks have been sent, by unknown persons, announcements/invitations to attend the assembly since 18:00.

• Assemblies were held without electric sound equipment. • ~12.00-15.00, first peaceful assembly attended by a group of citizens (80 persons), • ~18.00-21.00, second peaceful assembly attended by citizens and representatives of political

parties (4-5000 persons), • ~21.20-23.00, the third public assembly, which was attended by a group of citizens (1000 persons

and 1000 persons towards CEC), • ~ 22.00, assembly attended by a group of aggressive people (50-100 persons) who blocked the

intersection B. Bodoni Street - Bd. Stefan cel Mare.

• At the last assembly - the police, though present in large numbers and by representatives of high ranks and positions, did not separate aggressive people from the rest of the demonstrators and did not intervene to restore public order.

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

56

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

57

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

58

07.04.2009 • The following events took place:

– In PMAN Square (from 09:10 till late evening and continued in the morning of 8 April) conducted and coordinated by representatives of political parties and various groups (5-6000 people);

– In the space between Parliament and Presidency (from 10:00 till late at night), assumed as occasional (7-10000 people);

– The flow of people between the PMAN Square and the space between Presidency and Parliament, following calls from the representatives of political parties and other various groups (~ 2000 people);.

Meeting of the Great National Assembly Square (PMAN)

On 07.04.2009 since 09.10 hours in the Great National Assembly Square began to gather several hundred people. At 09.30 there were already about 3500 people gathered, at this meeting was not used sound amplification equipment by the organizers. Along with this event, several groups of people left the Square area moving to the Presidency and Parliament (apparently, these groups were not led by someone), diminishing the number of participants in the assembly, so since 11.00 till 14.50 in the Square remained only about 1500 people. Occasionally, the number of people grew in the Square because the leaders of opposition parties have called several times people protesting in front of the Presidency and Parliament to join them in the Square. This flow would have averaged 2000 people. During the day, especially after installing at 13.30 the sound equipment, a few dozen people took the floor. The diagram below reproduces the sequence of main speeches. The speeches were sporadic, often unplanned. At 13.30 was brought the sound amplification equipment, the speeches were chaotic, without planning. Between 15:00 - 18:00 hours, the meeting was attended by around 5000 people, including 1000 people coming from the Presidency and Parliament. Between 18:30 - 19:30 in the Square were about 7000 people. After 20:00 the number of participants in the assembly fell, so that at 22.00 in the Square remained around 1000 people. After 24:00 the few participants in the Square were dispersed by police, some being held by them.

Pictures April 7th in PMAN

PMAN during the day of April 7th

One of the speakers in PMAN

PMAN around 18.00 hours

Late evening, before police intervention

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

59

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

60

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

61

Assembly in the space between Parliament and Presidency At around 9.30 in front of these buildings were gathered several hundred people who chanted. No organizer of this assembly was established, participants came from the Great National Assembly Square and from other directions. Between 09.30 - 11.40 hours the rally was largely peaceful, except for some people who disturbed public order. Police present at the assembly did not intervene on the spot, also no local authority representative was visible to ask that those individuals to be removed. For these reasons it was seen a gradual escalation of violence from a section of protesters. Meanwhile many of party leaders called for protesters to come to the Square in order to conduct public meetings there. Around 1000 people went to the Square. At 12.25 a group of about 20 people is becoming more aggressive, attacking verbally and throwing various objects (mainly plastic bottles) to the line of policemen. Shortly after this, before the aggressive group of demonstrators it was brought a fire engine, without to be announced by employees of police and representatives of local public authorities specific requests or wishes. The vehicle was not ready to work with running water and it was unclear what was its purpose. After the vehicle was brought before the crowd, it was assaulted by the violent group that broke its windows. The fire engines and police actions have encouraged the strengthening of violent elements, aggressive manifestation, attracting a larger group of demonstrators (approximately 200 people) in violent action. After this event there is a negative atmosphere in the entire group of demonstrators. At 12.50 the meeting turns into a violent action, particularly at the Presidency, where some people started to throw stones to the windows, then the same actions occur in front of the Parliament. Following an offensive, the police dispersed the area between Parliament and Presidency and took control of this area, isolating aggressive elements.

After the offensive, the police, for unknown reasons, ceded control of the area between Parliament and Presidency, engaging maneuver of retreat to the buildings of Parliament and Presidency, leaving small police troops before demonstrators (50 people) on each side. Retreat of police instigated the escalation of

Pictures April 7 in front of Presidency and

Parliament

In front of the Presidency before violence

Police cordon in front of the Parliament in the first

moments of the meeting

One of the calls to PMAN

Demonstrators moving to PMAN

Side of the Presidency after attack

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

62

violence, involving about 200-250 people who were throwing stones in the line of policemen. The retreat created a feeling of tactical victory of the demonstrators over the police and encouraged violence and domination by violent elements of the demonstration. It should be stressed that police employees and their leaders present on the spot did not intervene to get the situation under control. Security forces have missed opportunities to intervene to calm the aggressive actions of people, did not discuss with demonstrators in the perspective to settle the conflict situations. Although some political opposition leaders have called the return in the Square and end of violence, the negative elements continued destruction of government buildings. At 14.20, some people were already inside the Parliament and set fire to the office of permits. Police employees fled in the meantime behind the Parliament, giving way the demonstrators to approach to the ground floor windows, from where some people have penetrated inside the Parliament. After 15.00 the aggressive group of participants attacked the police cordon which was located behind the Parliament. Several special cars were destroyed, of which one was fired and other inverted. Several people were taken to Emergency Hospital where they were given medical aid. After 18.00 the aggressive group dispersed and the Parliament and Presidency buildings are back under the control of police.

Shell of shields, behind the Parliament, in which dozens of

policemen fled up to late at night

Policemen injured by stones, receiving

care near the Presidency

Demonstrator injured by the explosion of

a stun grenade, received treatment

The fire in front of the Parliament

Fire on the ground floor of Parliament

The Presidency during the assault

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

64

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

65

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

Summary [PMAN] 7 April 2009 ~9.30-10.50 about 3 500 people gather in the Square (no sound equipment); ~11.00-14.50 1 500 people remain in the Square after the departure of 2 000 in the space between the Presidency and Parliament; ~ 13.30 sound equipment is brought, start of speeches conducted chaotic, without planning; ~15.00-18.00 about 5 000 people gather, including over 1 000 coming from the Presidency and Parliament; ~ 18.30-19.30 about 7000 people gather; ~ after 20.00 the number of people decreases, to 22.00 remain around 1 000 people; ~ 1.00-1.20 (8 April) police intervention, detention of demonstrators; Summary [Parliament, Presidency] 7 April 2009 ~9.30-12.00 peaceful demonstration between Presidency and Parliament; ~12.00-12.30 largely peaceful demonstration with a few violent isolated elements, gradual escalation of violence by an aggressive segment of demonstrators, ~12.30-12.50 offensive and retreat of police without use of force; violence from a section of protesters; ~> 13.00 demonstration turns into a violent action by a section of protesters, Presidency and Parliament buildings are vandalized, police do not apply force. Summary [Presidency] 7 April ~9.30-11.40 peaceful demonstration; demonstrators get close the Presidency; ~11.30 MAI leadership, some political leaders call to the Square; ~12.00-12.50 first violent elements from a segment of demonstrators; ~12.25 fire engine, violence increases; ~12.30-12.50 offensive and retreat of police without use of force, violent elements from a section of protesters; ~12.50 violence, assault to Presidency, leaving of police; ~14.00 political leaders – calls to PMAN ~ 14.00 vandalism at Presidency Summary [Parliament] 7 April ~9.30-12.20 peaceful demonstration; demonstrators get close the Parliament; ~12.00-12.50 a part of the demonstrators move to the Square and the Presidency; ~12.30-12.50 offensive and retreat of police without use of force, violent elements from a section of protesters, ~12.50 sporadic violence, a fire burns in front of the Parliament, windows are broken at ground floor; ~14.20 burning of the office for permits; ~> 15.00 the doors are broken, entering in the Parliament and vandalism, police retreat, fighting behind the Parliament; Key events that degenerate the situation into violence (detailed mapping):

1. The absence of the organizers of demonstrations and lack of communication between demonstrators and police;

2. Bringing the fire engine in front of the Presidency; 3. Offensive and retreat of police, including in and behind the Presidency and

Parliament; 4. Police leaves the Presidency and Parliament buildings;

Analysis of key event: the fire engine

Before the event, violence was sporadic and

Pictures April 7 Key Events

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

67

isolated;

The peaceful nature of the assembly substantially prevailed on the violent elements;

The fire engine escalated the situation in violent elements, stimulated the domination of violent elements over the peacefulness of the demonstration, the violent elements and behavior become large;

The fire engine and police actions have encouraged the strengthening of violent elements, manifestation of aggression, attracting a larger group of demonstrators in violent actions, from a group of 20-30 people to a larger group of 200 people;

Police forces outnumbered in each time (more than 400 people) the aggressive people;

The event is very close to the point where the return to a peaceful demonstration is impossible;

Analysis of key event: Offensive and retreat of police and leaving the Presidency and Parliament buildings

Following the offensive, the police released the space between the Parliament and Presidency and control this space;

After offensive, police surrender control of the space between the Parliament and the Presidency, engaging maneuver of retreat to the buildings of Parliament and Presidency, leaving small troops before the demonstrators (50 people) on each side;

The retreat of police instigated the escalation of violence, involving over 200 people who were throwing stones;

The retreat created a feeling of tactical victory of the demonstrators over the police and encouraged violence and domination by violent elements of the demonstration;

Police inexcusably leaves the Presidency and Parliament buildings, leaving them unprotected;

Police forces outnumbered in each time (more than 400 people) the aggressive and violent people (maximum 200-250 people);

This event clearly marks the point of impossibility to return to a peaceful demonstration.

The fire engine before and after the

attack with stones

The crowd flees from police on the

offensive

The area between Presidency and

Parliament evacuated by police offensive

Police in retreat, a few minutes after took

control on situation

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

68

After the events of 7 April, the overall architecture of the Presidency and Parliament buildings is in the process of reconstruction. Thus, in the square in front of the Parliament building will be located 3 fountains and the Presidency building perimeter is surrounded by a metal fence. Following these changes, the space to conduct assemblies will be confined. Note that if the new law on assemblies created a more liberal regime for exercising the right of assembly by eliminating the distance limitations to buildings of state institutions, then the last actions create premises to enforce again barriers of distance by restricting the space available for public assemblies. Reported to statistical data in 2009, this fence is a limit of 13% to all assemblies held in Moldova. 20% of all assemblies in 2009 were held in front of the Parliament and Presidency.

Pictures Fence around the Presidency

Metal fence surrounding the Presidency, installed after the events of April 2009

Preliminary Conclusions

In PMAN Square peaceful demonstrations were held throughout the days of 6 and 7 April;

On 7 April 2007, the demonstration was peaceful in the morning until about 12.00 hours, police acting largely adequate, except that they do not engage in communication with participants;

The first violent elements from a section of protesters in the space between the Presidency and the Parliament, at the Presidency building; starting with 12.20 hours, the police act peacefully but without mitigate and prevent possible violence. Lack of communication and lack of constructive engagement in the conduct of the meeting facilitate the expression of aggression from some segments of participants;

Starting with 12.30, in the area between the Presidency and the Parliament, especially after the event with the fire engine, the demonstrations turn into violence, the police do not apply force, but also do not enter into dialogue, contact, do not act strongly on violent elements, the actions of order forces foster escalation of violence;

Since the offensive, but especially since the retreat of police, violence takes on a large scale, police actions are uninspired, incoherent and with elements of instigation;

The demonstration in the space Presidency - Parliament turns in violent actions and leads to vandalism in the Presidency and Parliament buildings;

Police inexcusably leaves the Presidency and Parliament buildings, leaving them free for vandalism;

During the assembly there were seen groups of people with a suspect social profile who acted aggressively, incited the participants and in fact have caused the most harm and material damage.

Methodology

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

69

• The events were deconstructed based on: – Simultaneous monitoring of 16 observers; – Video recording with 7 portable cameras, over 70 hours of video; – Discussions with relevant actors; – Round-table discussions with the observers and other stakeholders about the

facts of 6-7 April: http://www.publictv.md/ro/Masa_Rotunda_Democratia_in_pericol_Drepturile_Omului_in_Moldova-16.04.2009

– Selective publication of videos: www.PublicTV.md

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

70

8 Conclusions and recommendations

8.1 Conclusions

Observations made during 2009 have shown a positive trend in the exercise of freedom of assembly in Moldova. As confirmation of this trend are the declining rate of violent assemblies and the declining rate of police intervention in peaceful assemblies. At the same time, the increased number of assemblies recorded in 2009 compared with 2008 has not led to the growth of phenomena that would have adverse effects on human rights and freedoms. This positive trend was also due to the new law on assemblies, which took effect in April 2008, whose provisions have created a formal framework more favorable for the freedom of assembly. The practical framework of freedom of assembly is constantly adapting to the legal provisions. Although the positive dynamics, still remain concerns about the positive obligations of the police to provide security of assemblies, police relations with local government and pursuing those who violate the right to freedom of assembly. Public assemblies were an electoral tool widely used by political actors, especially by those in opposition. Between the two election ballots in 2009 was an increase in the number of assemblies compared with the normal media under the new law. In pre-election periods electoral actors have become the main organizers of assemblies in Moldova. In April 2009 it was the violent and destructive street demonstration in the history of Moldova. Various aspects of the April assemblies relating to freedom of assembly raise questions on local government capacity to manage problematic situations that may arise in public assemblies and the ability of security forces to prevent and counteract the violent manifestations. The estimates presented in the report show that about half of all assemblies taking place in Moldova are conducted in a limited number of spaces in the center of Chisinau. This is relevant for public authorities responsible for managing and assisting the public assemblies, which could develop a set of scenarios tailored to the center of Chisinau, applicable to 50% of assemblies.

8.2 Recommendations

Regarding the notification process:

1. Streamlining the online platform for publishing notifications in Chisinau and creating an online system for filing and processing of notifications, which would contribute to organizing and planning assemblies;

2. Implementing the online platform for publishing notifications in other localities, too;

Raportul de monitorizare a libertăţii de întrunire în Republica Moldova în perioada ianuarie – decembrie 2009, Centrul de Resurse pentru Drepturile Omului, www.CReDO.md

71

Regarding the conduct of assemblies and interventions:

3. Enhancing skills and tactics to deal with confrontational behavior; 4. The creation of specialized groups of policemen who would be responsible for the

control and supervision of assemblies, and who could be deployed to facilitate assemblies;

5. Better cooperation between police and local authorities on the control of freedom of assembly and its facilitation;

6. Functional reorganization in the LPA for the liabilities arising from the law on assemblies;

7. Building the capacity of LPA representatives to manage the assemblies and work with the organizers, particularly in conflict situations;

Regarding the general process of policy making: 8. Collecting disaggregated information and statistics, comparable to those in the

report, in order to understand the development direction of operation of the notification procedure (annual reports can be used to examine the practice and make conclusions on the development of freedom of assembly);

9. Publication of half-year and annual reports with detailed information about assemblies, comparable to the information included in the statistical information section;

10. Strong actions of the Prosecutor to investigate cases of infringement on freedom of assembly, including by police inaction.