The People’s Advocate requests the establishment of clearly defined conditions regarding the presence of persons in public places during the state of emergency, in order to avoid the enforcement of disproportionate liability measures.
In an endeavor submitted to the chairman of the Commission for Exceptional Situations (CES), the People’s Advocate notes different interpretations of the protection measures established by provision no.3 of the CES, of March 23, which prohibited „presence of persons in public spaces: forests, playgrounds, sports fields and recreational areas” and it was established that „non-compliance with the established measures, shall be considered as a danger to public health and shall serve as a basis for contraventional liability and / or criminal liability”.
The different understanding and interpretation of the restrictions imposed by the Commission for Exceptional Situations by paragraph 3 item 2, has led to different behavior and, consequently, to the different and sometimes unjustified or abusive fines. The Ombudsman also considers that restrictions on citizens during the state of emergency could encourage abuse of empowerment of public authorities responsible for maintaining public order, limiting in one way or another the enforcement of human rights and freedoms.
Mihail Cotorobai also notes that, by the provision of the Commission for Exceptional Situations no. 21 of 24 April 2020, in item 6 is expressly provided and was allowed: “presence of persons in parks, in groups of maximum 3 persons, observing the social distance between them”. At the same time, in item 2 of provision no. 3 of March 23, 2020, refers to a larger number of public spaces, in which citizens are NOT allowed to walk. In such circumstances, there are ambiguities regarding the delimitation of the notion of citizens being present in public spaces, etc. for rest, leisure or just for crossing to the destination.
The People’s Advocate requests the revision of item 2 of provision number 3 of March 23, 2020 and item 6 of provision no. 21 of April 24, 2020, in order to provide clarity regarding the restrictions adopted in the part related to being (walking, practicing sports activities, etc.,) in public places of persons, respecting the proportionality of their application (clear and well-defined conditions) for each indicated public space (forests, parks, playgrounds, etc.).
2020 /04/ 27
Department for Promotion
of Human Rights and Communication
Tel: 060002656
2020 /04 /27
Direcția promovarea drepturilor
Omului și comunicare
Tel: 060002656