CASE OF PROMO LEX AND OTHERS v. THE REPUBLIC OF MOLDOVA
Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 13+11 - Right to an effective remedy (Article 13 - Effective remedy) (Article 11 - Freedom of assembly and association;Article 11-1 - Freedom of peaceful assembly);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)
Ján Šikuta;Johannes Silvis;Josep Casadevall;Kristina Pardalos;Luis López Guerra
5. On 29 January 2009 the police arrested a person who was protesting peacefully in front of the Prosecutor General’s Office. 6. As a reaction to that event, the applicant organisations decided to hold a demonstration in front of the Prosecutor General’s Office, followed by a march to the Ministry of Internal Affairs and a demonstration in front of the latter. 7. On 2 February 2009 the first and the second applicants lodged a notification with the municipal authorities in which they stated their intention to conduct the above event, which they described as a spontaneous reaction to the events of 29 January 2009. They relied on Section 12(1) of the Assemblies Act (see paragraph 11 below). 8. On 3 February 2009 the first and the second applicants organised a protest demonstration in front of the Prosecutor General’s Office. From the video submitted by the parties, it appears that approximately twenty individuals took part in the demonstration. The third applicant was among the participants. Several minutes after the beginning of the demonstration the protesters were attacked by six men wearing masks who started to physically assault them and to spray tear gas and paint over them. As a result of the attack the third applicant sustained numerous injuries to his head and limbs and needed medical treatment. The protesters defended themselves and managed to chase away the attackers. They also managed to immobilise two of the attackers. One of the attackers admitted to having been paid 1,000 Moldovan lei (approximately 60 euros (EUR)) by an unknown person for his participation in the attack. 9. The gathering was observed from the very beginning by four uniformed police officers who were in a patrol car parked close to the place of the event. Also, the event was filmed by approximately six people in plain clothes, who ‒ according to the applicants ‒ were police officers. The Government denied that those filming the event were police officers. When the clash between the protesters and the attackers began, no police officer intervened. The protesters called the police and requested assistance but to no avail. A police patrol appeared only one hour and a half later and took the two immobilised attackers into custody. 10. The organisers of the demonstration lodged a criminal complaint with the Prosecutor General’s Office and complained inter alia about the failure of the police to intervene promptly. A criminal investigation was initiated and all six attackers identified. Only two of them were eventually given suspended sentences of four years for violation of the freedom of assembly of others and hooliganism. No action was taken in respect of the applicant’s complaint about the inaction of the police.