In connection with the distortion at a television station of the message of the People’s Advocate transmitted yesterday, in the context of examining in the Parliament the initiative to amend some articles of Law no. 212, the Office of the People’s Advocate comes with details.
In the two press releases made public on 17.03.2020, the People’s Advocate warned about the inopportunity to amend the Law no. 212 on the regime of state of emergency, of siege and war, but by no means did not doubt the necessity or the opportunity of establishing by the authorities the emergency regime for combating COVID-19. If this is not understood, Mihail Cotorobai states that the application of exceptional measures when there are obvious dangers to public safety and health is not only the right but also the obligation of the authorities deriving from the powers granted by law and the mission to manage public affairs in the state, with the assurance of the welfare and safety of the population in the interests of the state and of the citizens.
Moreover, these extraordinary measures are needed under the conditions of the new type Coronavirus pandemic, which represents a global danger and involves firm actions by the authorities to stop the spread of the infection, the responsibility of the people to support these actions. To these circumstances, the People’s Advocate referred to in the press release of 16.03.2020 (https://ombudsman.md/news/press-release-11/), in which he called for responsibility, civic solidarity and fairness both the authorities and the population.
Messages made public on 17.03.2020 (ombudsman.md/news/the-opinion-of-the-People’s Advocate-on-the-amendments-made-by-the-parliament-to-the-law-no-212/
https://ombudsman.md/news/ press-release-11/) referred in particular to the proposals to amend some articles of the Law no. 212 on the regime of state of emergency, of siege and war in the context establishing the state of national emergency caused by the COVID-19 pandemic. They provided for the lifting of the ban on holding elections or referendums and amending and / or repealing legislation during this period. Specifically, these proposals were considered by the Ombudsman to be inopportune and the possible consequences as dangerous for the rule of law, democracy and the observance of human rights and fundamental freedoms in the Republic of Moldova. The People’s Advocate did not expressly rule on the Parliament’s decision regarding the establishment of the emergency regime, but referred to the proposals to amend the Law no. 212.
Mihail Cotorobai regrets the fact that the journalists from the TV channel Canal 2 distorted his message, wrongly presenting his opinion on such a sensitive subject.
Indeed, the People’s Advocate has some reservations about the documents adopted yesterday by the Members of Parliament in the context of establishing the emergency regime, but he did not doubt and did not rule against the application of these exceptional measures, aware of the seriousness of the situation related to the COVID-19 pandemic. In order to eliminate any speculation or free interpretation of his messages, Mihail Cotorobai repeatedly stated that the establishment of the emergency regime was necessary and welcomed, but cautioned the authorities not to admit abuses and violations of human rights and fundamental freedoms under the umbrella of the exceptional situation.
Moreover, the People’s Advocate reiterates on this occasion that any emergency measures in response to COVID-19 must be proportionate, necessary and non-discriminatory, that, once the state of emergency is established, the authorities cannot do anything, anytime and with anyone. The state of emergency is not equivalent to abuse of rights. Mihail Cotorobai also encourages the authorities to remain unwavering in maintaining a human rights-based approach when adopting measures to combat the new type Coronavirus pandemic, in order to ensure population health, public safety, the rule of law and the protection of human rights.
The Ombudsman also expresses his willingness to provide advice, from a human rights perspective, to the members of the Committee on Exceptional Situations, in order to avoid possible derogations from national and international standards. The People’s Advocate will monitor the evolution of the events regarding the COVID-19 fight in the Republic of Moldova and will intervene according to the duties whenever he deems necessary.
