The disproportionate measures to block the public places violate the provisions of the Law on Assemblies. In a comment by “Promo-LEX” Association for IPN, experts note that metallic protection fences were set up around the Parliament Building in the morning of October 4, creating difficulties to pedestrians.
Only an area of 60 cm on sidewalks on the section of Ștefan cel Mare și Sfânt Blvd between the streets Maria Cebotari and Sfatul Țării was left, forcing the pedestrians to walk on the roadway. The protection fence also prevented the participants in the small protests, with under 50 protesters, staged by the National Resistance Movement ACUM and the Civic Group “Occupy Guguță” from coming closer to the Parliament Building.
It was later established that the protection fence separated the assemblies with opposite messages: the assembly organized by the Democratic Youth and the events staged successively by the Movement ACUM and the Civic Group “Occupy Guguță”. Nevertheless, the large number of carabineers would have been enough to create a protecting area between the two camps of protesters, who were few and peaceful.
According to public reports, the security measures were taken in accordance with the order made by the mayor of Chisinau municipality No. 746-d of 03.10.2018 referring to the official visit paid by the Marshal of the Senate of Poland Stanislaw Karczewski. However, the fence that was installed in the morning was taken away after the protests, long before the arrival of the Polish official. Promo-LEX said the conclusion is that the fence was set up on purpose to limit the protesting space and wasn’t used to ensure the security of the official visit by Marshal Stanislaw Karczewski.
Even if the local public authorities can temporarily close particular areas based on Article 5, paragraph 3 of the Law on Assemblies, Promo-LEX draws attention to the fact that such a measure should be taken in accordance with the legal principles defined by Article 4 of the law, which obliges the authorities to take proportionate measures and in favor of assemblies when they resort to any legal limitation.
