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The People's Advocate: In a democracy the right to counter manifest cannot walk up to paralyze the right to manifest

The People's Advocate, Mihail Cotorobai, disapproves of the actions that led to obstructing the solidarity march "Without fear", held on May 22. The Ombudsman welcomes the law enforcement officers' efforts to ensure the realization of freedom of assembly and expression of opinion.

Mihail Cotorobai reminds the public opinion that the right to freedom of peaceful assembly is enshrined in the Article 40 of the Moldovan Constitution, guaranteed by Article 11 of the Convention on Human Rights and Fundamental Freedoms of any legal subject they intend to organize such a demonstration and that it is a fundamental right in a democratic society.

MihailCotorobai stresses that it is possible that some demonstration might displease other people, by ideas or claims the organizers of demonstrations support. However, in a democracy, the right to counter manifest cannot walk up to paralyze the right to manifest.

The Ombudsman stresses that any organization of a violent counter-demonstrations or extremist, or violent intentions by others who are not members of the organizing committees and parties cannot and should not lead to the suppression of this right. Mihail Cotorobai noted that the ECHR, in the Stankov and Organisationmacedonienneunie vs. Bulgaria case showed clearly - the freedom of peaceful assembly must necessarily include the right to protection against counter-demonstration, because this is not the way to solve controversial issues in a democratic society.

Also, Mihail Cotorobai argues that the freedom of conscience cannot be superimposed to the freedom of opinion and of assembly. Promoting a right or freedom cannot and must not be achieved at the expense of limiting the exercising other rights and freedoms of other persons, says the Ombudsman.

The People's Advocate calls for a tolerant attitude and respect for human dignity, respect for the rights and freedoms of others. He also appreciates how the police acted toprotect demonstrators, excluding violence and brutality from counter manifestants.