When can the right to hold an assembly be restricted?
The right to hold assemblies may only be restricted by law and when these restrictions are necessary in a democratic society:
- in the interests of national security, territorial integrity, or public safety
- for the prevention of disorder or crime
- for the protection of health or morals, or the reputation or rights of others
According to the Law on assemblies, it is prohibited in Moldova to hold assemblies the purpose of which is to:
- calling for aggressive war, national, racial, ethnic or religious hatred
- inciting discrimination or public violence
- undermining national security or the territorial integrity of the state, committing crimes, disturbing public order or organising disorder, violating public morality, the rights and freedoms of others or endangering their life or health
Order must be observed during public assembly. If it is not observed, police have the right to give orders to ensure compliance with the law as well as to order the assembly to disperse. If an assembly turns violent, police have the right to use force if necessary and to detain persons acting aggressively. Aggressive behaviour and behaviour contrary to national law may result in administrative and criminal responsibility. However, the force used by police must be absolutely necessary and proportionate to the threat.
What human rights violation may there be?
If you are prohibited or held back from conducting a lawful peaceful assembly, or you are detained or otherwise sanctioned for organising or participating in a form of peaceful assembly, your right to peaceful assembly or freedom of expression may have been violated.
Any restriction on the freedom of assembly or freedom of expression must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society. If it fails to meet any one of these three requirements, such a restriction cannot be considered justified.
Read more about freedom of assembly and freedom of expression in this Guide.
The law enforcement authorities may temporarily hold you or detain you with the aim of protecting you or others from harm, and in cases of potential contravention or criminal responsibility. However, this deprivation of liberty must comply with lawful obligations and not be arbitrary. If you have been held or detained unlawfully or arbitrarily, your right to liberty and security of person may be violated. This may also constitute a contravention.
important If you are arrested on criminal suspicion and do not have an attorney-at-law at the time, according to Moldovan law, you can ask the arresting officer to temporarily assign you an attorney who will be paid for by the State. Read more about arrest in this Guide.