The collapse of the judicial system in Moldova and the pressure on civil society institutions

Solidaritätsnetz International continues to monitor the human rights situation in Moldova.

According to Article 41 of the Constitution of Moldova, citizens can freely unite in parties and other socio-political organizations that contribute to the identification and expression of the political will of citizens and participate in elections in accordance with the law, and accordingly parties and other socio-political organizations are equal before the law. We are concerned that the official Chisinau is trying to use the methods of creating panic moods to solve political problems. Each country has the right to defend its sovereignty and territorial integrity. However, spy mania can give rise to a “witch hunt”, when special services, using provocations, will suppress the opposition. Maia Sandu said that the so-called opposition wants to change the government in Chisinau. Solidaritätsnetz International is surprised by such a statement from the leader of a country that is a candidate for EU membership. We would like to remind Madame President that she is not a monarch. The task of any opposition in a democratic society is the struggle for coming to power. Another thing is if the opposition violates laws and democratic procedures. However, the investigation and trial must be carried out, and unambiguous evidence must be shown to the institutions of civil society. Otherwise, such unfounded accusations, the use of the police and special services for political purposes are a usurpation of power.

In the Supreme Court of Justice of Moldova, 19 out of 25 judges announced their resignation. This happened against the backdrop of a government initiative to test judges. This situation will lead to the collapse of the judicial system in Moldova against the backdrop of increased repressive pressure on civil society from the side of public authorities. Everyone, in the event of a dispute over his civil rights and obligations, or in the event of any criminal charge being brought against him, has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, says Article 6 of the Rome Convention. Thus, the ill-conceived policy of the Government of Moldova eliminates the right to effective judicial protection, both for Moldovan citizens and foreigners who have vital interests in Moldova. Solidaritätsnetz International considers actions to neutralize the highest court of Moldova as a way to disarm civil society during the period of usurpation of power by introducing a dubious state of emergency and attacking civil rights and freedoms. The official Chisinau cannot fully ensure the guarantee of judicial protection, which is set out in Article 20 of the Constitution of Moldova.

Representatives of the Public Association “Voice of free Moldova” and a number of journalists claim that there are attempts to close the regional public TV channel of Gagauzia – Gagauziya Radio Televizionu (GRT). Solidaritätsnetz International shares the concerns of journalists, since the official authorities in Moldova have already closed 6 television channels that covered popular protests. These channels were closed by a administrative method, out of court, using the unconstitutional regime of a state of emergency. Despite the protests of public organizations and the statements of the EU representative in Moldova, official Chisinau has not yet provided a legal and factual justification for the ban on broadcasting for six media outlets. The pressure on the GRT is a continuation of the attack not only on freedom of speech, but also on the rights of national minorities. In 1993, the “Copenhagen Criteria” were developed, EU membership criteria that all candidate countries for EU membership must meet. Within the framework of the Neighborhood Policy and the Eastern Partnership, the European Union actively promotes the values of democracy, open society and the rule of law, as well as its own standards of non-discrimination and the approaches of the Council of Europe and the OSCE for the protection of national minorities. Solidaritätsnetz International is aware that Sandu’s political structure uses the European vector as a palliative and a way to maintain personal power.

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