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Moldova ex-PM Vlad Filat fills complaint to the European Court for Human Rights

On August 10th, the law bureau defending Moldova’s ex-Prime-Minister, Vlad Filat, announced about filling a complaint with the European Court for Human Rights (ECtHR). Filat argues that, during the trial, several rights provided by the European Convention for Human Rights.

The former PM finds that the 3rd article of the 1st protocol to the 13th article of the Convention was violated in his case, because he was deprived of his Parliamentary immunity and seat with violations of Moldova’s internal laws.

According to him, the provisions of the 6th article on the right to fair trial were also violated: the trial hearings were not public, a big majority of requests to call on additional witnesses and expertise were rejected, the judges were not impartial, some files from the case were intentionally given to the press, he was always overwhelmingly guarded by police:

“I was the victim of a trial conducted in obscure, clandestine conditions, having limited the right to communicate with the mass-media… No element was presented to prove that the publicity of my trial would affect the interest of the justice”, mentions the request to the ECtHR.

Filat also invokes that 18th articles of the ECHR was violated, since the preventive arrest continued despite no real proof of any risk on justice out of detention conditions. Filat complains that his prolonged preventive arrest had the goal of eliminating him from the public and political sphere.

His lawyer, Igor Popa, believes that the ECtHR would oblige the national justice institutions to reexamine the case of Vlad Filat and reestablish his rights.

In 2015, Filat complained to the ECtHR about the detention conditions in the 13th Penitentiary (Chișinău) and his arrest.

Former Liberal-Democrat Prime-Minister, Vlad Filat, was arrested on October 15th 2015 for allegations of passive corruption and traffic influence towards the then businessman and now mayor of Orhei, Ilan Shor. On June 27th 2016, he was condemned to nine years of closed imprisonment by the Court Buiucani of Chişinău, decision reinforced by the Appeal Court of Chişinău on November 11th 2016. Moldova’s Supreme Court rejected Filat’s lawyers’ requests to reexamine the case.

Currently studying International Relations at the University of Pécs, Hungary. Study focus: Transnistrian conflict settlement, Moldovan statehood, Moldovan democracy. Inquiries at [email protected]

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Justice Minister: Moldova has an inter-state conflict with Russia on the control of Transnistria

12 April 2018- The Justice Minister of Moldova, Victoria Iftodi, has participated at the Ministerial Conference in Denmark where more than 20 Justice Ministers adopted the Copenhagen Declaration. The latter voices the concerns of the overload of cases over at the European Court of Human Rights (ECtHR) and proposes recommendations.

Iftodi reportedly motivated that the overload of the ECtHR shows the necessity to reform the national system of justice and its performance in the remedy of human rights violations. The Justice Minister emphasized the need to ensure the universality of the human rights to an equal extent in the inter-state areas:

“The Republic of Moldova is confronted with a situation of inter-state conflict with the Russian Federation. As the European Court of Human Rights repeatedly stated, the Republic of Moldova does not exercise an effective control in the occupied territories. Appealing to the ECtHR remains to be the sole efficient method of remedy of the violations of fundamental rights of residents of those territories”, declared Iftodi.

The European Convention for Human Rights entered into force on 12 September 1997 in Moldova.

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Justice

Former MP Chiril Lucinschi condemned to 5 years and a half of prison for money laundering

4 April 2018- The Court of Chișinău (Buiucani) condemned Chiril Lucinschi, former MP, and son of second President of Moldova Petru Lucinschi, to 5 years and a half of imprisonment. The sentence is also accompanied by a penalty fee of 27500 Lei for false declarations, and a ban of 4 years on occupying public positions.

According to the Anticorruption Prosecution Office of Moldova, half of Lucinschi’s two lands, his house, and 23 thousand euros were confiscated within the case.

“There is a feeling that the sentence was written in a place other than court. This sentence is illegal. We showed all proof destroying the accusations”, said the ex-MP after the court session, quoted by Newsmaker.

Lucinschi will be out of domicile arrest but under judiciary control until the final sentence is made public. Prosecutor Eugen Rurac did not indicate if he would appeal the decision, while Lucinschi’s lawyers said that they would contest the sentence and the 10 months long house arrest of their client at the ECtHR.

God forbid if you end up in court and have to face the Moldovan justice. I am sorry about the law students: they learn one thing and have to face another one. From the very beginning, the proof presented by the prosecution was illegal and the court should not have received it”lawyer Corina Stratan told Newsmaker.

Ex-MP Chiril Lucinschi risks up to 10 years of imprisonment for money laundering

Chiril Lucinschi was arrested by the Anti-Corruption Center and the Anti-Corruption Prosecution Office on May 25th. Lucinschi is accused, together with three representatives of a company, of money laundering from Banca de Economii (BEM), Banca Socială and Unibank.

Chiril Lucinschi, son of the second President of the independent Moldova Petru Lucinschi, has been a Liberal-Democrat deputy since December 2010. He left the Parliament in February 2017 and ceded 75% of shares at TV7 to an association of journalists.

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Justice

Mihai Poalelungi was appointed the judge of the Constitutional Court

Mihai Poalelungi, the only registered candidate for the position, was appointed as the judge of the Constitutional Court of the Republic of Moldova. His candidacy has been approved by the Superior Council of Magistrates.

The position of the judge at the Constitutional Court became vacant after Tudor Panţîru resigned as president and judge in January due to personal reasons.

The Constitutional Court has six judges that are appointed by the Parliament, the Government, and the Superior Council of Magistracy. They may hold office for two terms.

The former head of Moldova’s Supreme Court, Mihai Poalelungi has previously told Ziarul de Garda that he wants to “make better constitutional justice in Moldova”:

 “There is a close link between the subject of my practical work in Strasbourg and the area of constitutional law, and I believe that I will positively contribute to the achievement of a better constitutional justice in Moldova under my appointment to this position”, the magistrate said.

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