The ombudsman, MihailCotorobai: The declarations of the Basarabeasca raion president as a response to a protester’s statements about monetary rewards being paid to participants in the demonstrations organised in the capital are discriminatory, and the disclosure of information about the protester’s health condition is a violation of his private life.

On January 24, the TV channel Publika TV broadcast a report in which one of the participant in the protests organised in the capital, coming from Basarabeascaraion, stated that he had been paid by PartidulNostru(“Our Party”) to participate in the street demonstrations organised by the Public Platform “Dignity and Truth”, Our Party and the Socialists Party (http://www.publika.md/cel-mai-sincer-protestatar-dezvaluiri…).

Afterwards, the president of the Basarabeascaraion, PetruPuscari, denied the accusations, declaring that the statements “of the most outspoken protester” are not credible, since the young man had a psychiatric record. Moreover, PetruPuscaripresented a medical certificate to the journalists, which confirms this (http://unimedia.info/…/video-explicatiile-presedintelui-rai…).

The ombudsman disapproves of Basarabeasca raion president’s action – disclosure of information about the protester’s health condition without his agreement. 
By having presented to the journalists the medical certificate, the local official violated Article 28 of the Constitution – “Right to intimate, family, and private life”, Article 8 of the European Convention on Human Rights - “Right to respect for private and family life”, Article 10 of the OviedoConvention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine -„ Private life and right to information”: „Everyone has the right to respect for private life in relation to information about his or her health”.

At the same time, by qualifying the protester’s statements as lacking credibility because he has is mentally ill, the Basarabeascaraion president violated the right of that individual to be recognised as equal before the law, which is enshrined by Articles 5 and 12 of the UN Convention on the Rights of Persons with Disabilities. According to Article 5 of the said Convention, “States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law”.

The ombudsman regrets that such statements were made by an official who represents the raion public authority and who, by virtue of his position, is obliged to protect and promote human rights.

In a Note sent to the Basarabeasca raion president, the Ombudsman recommendedPetruPuscari to apologize publicly for the statements made about the protester and never toadmit such statements in the future.