Moldova: ECHR Penalizes Government Negligence

The European Court of Human Rights established a violation of the right to freedom of assembly and association in the case Promo-LEX and others v. Moldova (Application no. 42757/09).

On 3 February 2009, representatives of Promo-LEX and CReDO, together with other civil society organizations, participated in a peaceful protest held in front of the Prosecutor General’s office in support of democracy and human rights in Moldova, including the right to freedom of assembly and association. The event was attended by Igor Grosu, later a plaintiff in the case.

Shortly after the start of the action, the protesters were attacked with tear gas by a group of individuals wearing masks, and suffered various injuries in the ensued fight.

Although the clashes occurred in front of the prosecutors from the Prosecutor General’s office, and police was called for help via 902, they refused to intervene to stop the violence, restore public order, and objectively document the case. See video materials of the incident here.

The applicants from Promo-LEX and CreDO did not demand pecuniary or moral damages, and stated that the recognition of the violation would constitute enough satisfaction, and Igor Grosu was to receive 1000 euros in pecuniary damage.

The High Court found a violation of Art. 11 of the European Convention, the right to freedom of assembly and association, and Art. 13, the right to an effective remedy. See details of the ECHR decision here.

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