Failure of the rule of law in Moldova, with mob allowed to prevent a lawful demonstration by lesbian, gay, bisexual and transgender persons (LGBT)
Reply to Written question
| Doc. 12129
| 23 January 2010
- Author(s):
- Committee of Ministers
- Origin
- adopted
at the 1075th meeting of the Ministers’ Deputies (20 January 2010) 2010 - First part-session
- Reply to Written question
- : Written question no. 548 (Doc. 11643)
- Thesaurus
Written Question
No. 548 by Mr Hancock (Doc.
11643)
On 11 May 2008 an attempt to hold a Gay Pride demonstration
in Chisinau was frustrated when a hostile and potentially violent
crowd of between 200 – 400 persons trapped 60 demonstrators in their
bus, chanting hate slogans such as "beat them to death" and "don't
let them escape". After 45 minutes the demonstrators were forced
to hand over their banners and flags and abandon the demonstration.
The police took no action, despite the presence of six police vehicles
100 meters from the event. Nine telephone calls to the police for
help went unanswered.
The event's organisers, LGBT human rights organisation GenderDoc
M., had, in accordance with Moldova's new Law on Assembly, pre-notified
the local authorities of their intention to hold a demonstration.
They had also requested police protection. Despite the fact that
the new law does not empower local authorities to ban demonstrations,
the Mayor of Chisinau, Dorin Chirtoaca, issued a notice on 8 May
prohibiting the demonstration "in order to avoid any tensions in
society" and citing "disagreement of religious organisations as well
as letters from school students, dwellers of the city of Chisinau,
opinions of public associations and of citizens... which accuse
sexual minorities of aggressiveness and violation of spiritual and
moral values."
The 2008 Pride event was the 8th demonstration (including
all four annual pride events) involving the LGBT community to be
banned or otherwise prevented since 2005. None has been permitted.
The Rapporteurs for the Monitoring Committee of the Parliamentary
Assembly, commenting on the banning of the 2007 pride event, noted
that the Supreme Court of Moldova had declared the ban on the 2006
Pride march to be illegal, being unjustified and disproportional
under Article 11 of the European Court of Human Rights. They continued:
“Nevertheless, the Chisinau authorities banned once again the organisation
of some events planned within the framework of the 2007 LGBT Pride
festival… We deplore the fact that after a final ruling by the Supreme
Court of Moldova the Chisinau authorities continue to violate the
law and deprive the representatives of the LGBT community of their
right to freedom of assembly…… We expect the Moldovan authorities
to take all necessary measures to put an end to this practice.”
The information provided by the Moldovan authorities to the
Committee of Ministers for its reply to Written Question No. 524
on the banning of the 2007 Chisinau Pride event ignored both the
afore-mentioned ruling of the Supreme Court and the comments of
the Assembly Rapporteurs, stating only that the Chisinau City Council had
"decided not to allow" the march "for reasons of public safety and
the prevention of disorder". It also ignored the banning of a further
demonstration in December 2007.
It is clear that there have been serious failures of the rule
of law in Moldova. The authorities have ignored the ruling of the
Supreme Court, and have acted as though the new Law on Assembly
did not exist. Moreover there is circumstantial evidence that the
police and authorities have colluded with illegal actions amounting
to "mob rule".
The events described above and the inadequate information
provided by the Moldovan authorities to the Committee of Ministers
in response to Written Question No. 524 also suggest a continued
unwillingness at all levels of government within Moldova to respect
the fundamental rights of lesbian, gay, bisexual and transgender
persons.
Mr Hancock,
To ask the Committee of Ministers
Will the Committee of Ministers request the Moldovan authorities
to:
- take, as a matter of urgency,
all actions necessary to ensure that such failures in the rule of
law do not re-occur;
- investigate the failure of the police to provide protection
for the demonstrators, prosecuting or otherwise disciplining those
responsible as appropriate;
- confirm unequivocally that they recognise the right of
the LGBT community to exercise freedom of assembly;
- set out the measures that they will take to put an end
to the practice of denying freedom of assembly to LGBT persons,
as proposed by the Rapporteurs of the Parliamentary Assembly;
- commit to a specific timetable for the introduction of
legislation providing protection from discrimination on the grounds
of sexual orientation and gender identity and for the implementation
of training and awareness raising programmes throughout government,
but particularly among local authorities and the police?
Furthermore, will the Committee of Ministers provide a progress
report on its review (announced initially in response to Written
Question 524) of how to enhance Council of Europe action in support
of the human rights of lesbian, gay, bisexual and transgender persons?
Reply by the Committee of Ministers
1. The Committee of Ministers
recalls that in its reply to Written Question No. 524 on a “Ban
on a Chisinau demonstration by homosexuals”, adopted on 7 November
2007 at its 1010th meeting, it took the view that “like all member
states, Moldova has ratified the European Convention on Human Rights
and is committed to guarantee respect for all Convention rights,
including the rights to freedom of expression and freedom of assembly
to all individuals within its jurisdiction, without any discrimination.
While the Convention allows for restrictions on the exercise of
the rights to freedom of expression and freedom of assembly, such
restrictions must be prescribed by law and be necessary in a democratic
society in the interests of national security or public safety,
for the prevention of disorder or crime, for the protection of health
or morals or for the protection of the rights and freedom of others.
According to the established case law of the European Court of Human Rights
(the Court), peaceful demonstrations, be they in favour of the rights
of lesbian, gay, bisexual and transgender (LGBT) persons or others,
cannot be banned simply because of the existence of attitudes hostile to
the demonstrators or to the causes they advocate. On the contrary,
the state has a duty to take reasonable and appropriate measures
to enable lawful demonstrations to proceed peacefully.” The Court
has moreover emphasised on several occasions that any discrimination
founded on sexual orientation – including situations linked with
freedom of assembly – is contrary to the Convention.
Note
2. The Committee of Ministers also draws attention to the decisions
which it took at its 1031st meeting (2 July 2008) to strengthen
Council of Europe action to safeguard the rights of LGBT persons.
All committees taking part in intergovernmental co-operation were
invited, within their terms of reference, to propose specific activities
to strengthen in law and in practice the equal rights and dignity
of LGBT persons and combat discrimination against them. The Steering
Committee for Human Rights (CDDH) was also instructed to draft a recommendation
on measures to combat discrimination based on sexual orientation
or gender identity, to ensure respect for the human rights of LGBT
persons and to promote tolerance towards them. The CDDH recently
finalised a draft recommendation which covers the issue of freedom
of expression and assembly.
3. The Committee of Ministers has been informed that a “draft
law on preventing and combating discrimination” is currently under
preparation in Moldova and that the government has proposed amendments to
the Criminal Code with a view to combating and preventing further
discrimination on grounds of sexual orientation and gender identity.
It believes that the adoption and effective implementation of such
legislation would constitute an important step in addressing the
problems raised by the Honourable Parliamentarian.
4. The Moldovan authorities have assured the Committee of Ministers
of the importance they attach to the principle of rule of law, including
compliance by all public authorities with the decisions of the national
courts and with Moldovan legislation.
