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Why the citizens of the Republic of Moldova are not protected by the rule of law or the moment when the equal justice crushed

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The rule of law offers protection for citizens. It prevents the authority to use their power arbitrarily and provides protection for the citizens. We are all equal before the law. This is what all law books usually teach us. But are citizens really protected by the rule of law when the justice is in the hands of a very small group of people?

People of Moldova don’t trust the Moldovan justice. An opinion poll conducted by USAID in 2018 showed that only 16% of population trust the justice of the Republic of Moldova, whereas 19% of people trust the Moldovan judges, 20% trust prosecutors, 33% trust lawyers and 28% of the population consider that they can count on policemen.

The authors of the study showed that the perception of corruption is even greater in the case of those who have had to deal with the judiciary system. More than half of the respondents think that an average citizen gets behind bars faster than the one who has money.

Moldovan lawyers who work in the judicial system and have an inside information consider it relatively corrupt and unfair as well. More than 60% of Moldovan lawyers believe that the justice sector is still corrupt, and 19% believe corruption is widespread even at the level of the leadership of the institutions, according to a survey conducted in 2019 at the request of the Centre for Legal Resources in Moldova cited by Ziarul de Gardă.

“When people see resonant cases where the violation of the basic human rights happened, such as the right of examining cases in a public trial, obviously they think: they do this in the case of people who held positions, but what would happen in my case if I get to court?” declared the expert of the Centre for Legal Resources in Moldova,  Nadejda Hriptievschi, for RFE/RL.

Well, it seems that today, being a state official in the Republic of Moldova and making some inconvenient statements about the government puts you in great danger. Some experts call it a beginning of dictatorship, others an oligarchy in its most pervert form. No matter what it is called. Its consequences are important.

Recently, the former employee of the National Post Service, Sergiu Cebotari, made an in-court testimony regarding the schemes from 2016 of trafficking anabolic steroids through the postal service of the country. He was sentenced to eight years in prison in a semi-open regime penitentiary and had to pay damages of 299 thousand lei, in a criminal case for embezzling foreign property and using forced labour. Sergiu Cebotari left the country before being sentenced, being declared politically persecuted, according to the statements of the leader of the Dignity and Truth Platform Party (DTPP), Andrei Năstase. The accused didn’t confess and claimed that the file was politically charged.

A similar recent case was registered for a former border policeman, the DTPP activist and a former parliamentary candidate, Gheorghe Petic, who was sentenced to three years and six months in a semi-opened regime prison and had to pay a fine of 30,000 lei in a criminal case for rape and domestic violence. The hearings were held behind the close doors and the victim filed testimony in court in the absence of Petic. The accused had no opportunity to ask questions, as his lawyer, Angela Istrate, declared.

Gheorghe Petic believes that the criminal prosecution on his name is caused by his statements on cigarette smuggling schemes, involving the leadership of the Border Police of Moldova and of Romania. “After I disclosed the smuggling schemes, my family and I started to be intimidated. I was called an FSB agent, a smuggler, I was attacked at a parking lot in Ungheni, accused of harassing my so-called students whom I didn’t even know,” declared Petic cited by Newsmaker.

He also announced that his e-mail and his Facebook page had been broken and that a post was published from his name stating that he supported the DTPP only for financial rewards.

In the meantime, a new hearing will be held in another file addressing Gheorghe Petic, as Ziarul de Gardă reported. This time, Petic is being investigated for hooliganism. According to Petic’s lawyer, the case was recently opened on the basis of an event that occurred in 2003.

“They have found dubious people who do not even remember how the events happened. They made false statements. It’s an absurd accusation without any evidence, based only on statements of some dubious people who are not sure in what year the incident took place and how it happened. In the absence of conclusive evidence, I am guilty of committing an act of hooliganism in 2004, when it was actually in 2003. But because the limitation period was over, they decided to change and open the file in 2004,” Gheorghe Petic previously declared.

In February 2019, Ziarul de Gardă wrote about differentiated approaches in the cases of Gheorghe Petic and Ilan Șor, both of them being election candidates and both of them being investigated in criminal cases. The difference is that in case of Gheorghe Petic the court decided not to release Gheorghe Petic from arrest, even though he was a registered candidate on the lists of the political bloc ACUM at the parliamentary elections in 2019.

In the case of Ilan Șor, four years ago, the court decided to release him from home arrest, so as not to hinder his right to candidate for mayor of Orhei. Ilan Şor was sentenced to seven and a half years in prison, but because the sentence is not final, the politician is still free.

“During the electoral period, the candidates can’t be dismissed or transferred to another job or position without their consent and can’t be found criminally liable, arrested, detained and can’t be a subject to administrative sanctions without the consent of the electoral body that registered them, with except for flagrant offenses,” says the Electoral Code of the Republic of Moldova.

There are a lot of questions raised regarding the reasons why the Kroll 2 report was not published yet and why the list of people involved in the Great Moldovan Bank Robbery ended when Veaceslav Palton and Vladimir Filat were imprisoned.

“The Kroll 2 report is kept secret and nobody has access to it, as if it were the atom bombs launch codes. Only few names are kept so well and so much in our country. Usually, all secrets are revealed much faster. It’s the name of Vlad Plahotniuc that could be so fiercely protected. The government has only one method to prove the opposite – to publish the Kroll 2 report,” Dumitru Alaiba, the member of the political bloc ACUM, wrote in a Facebook post.

According to the World Justice Project (WJP) Report for 2019, the Republic of Moldova is comparable to China and Vietnam when it comes to the Rule of Law Index, calculated based on 8 factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.

Society

“They are not needy, but they need help”. How Moldovan volunteers try to create a safe environment for the Ukrainian refugees

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At the Government’s ground floor, the phones ring constantly, the laptop screens never reach standby. In one corner of the room there is a logistics planning meeting, someone has a call on Zoom with partners and donors, someone else finally managed to take a cookie and make some coffee. Everyone is exhausted and have sleepy red eyes, but the volunteers still have a lot of energy and dedication to help in creating a safe place for the Ukrainian refugees.

“It’s like a continuous bustle just so you won’t read the news. You get home sometimes and you don’t have time for news, and that somehow helps. It’s a kind of solidarity and mutual support,” says Vlada Ciobanu, volunteer responsible for communication and fundraising.

The volunteers group was formed from the very first day of war. A Facebook page was created, where all types of messages immediately started to flow: “I offer accommodation”, “I want to help”, “I want to get involved”, “Where can I bring the products?”, “I have a car and I can go to the customs”. Soon, the authorities also started asking for volunteers’ support. Now they all work together, coordinate activities and try to find solutions to the most difficult problems.

Is accommodation needed for 10, 200 or 800 people? Do you need transportation to the customs? Does anyone want to deliver 3 tons of apples and does not know where? Do you need medicine or mobile toilets? All these questions require prompt answers and actions. Blankets, sheets, diapers, hygiene products, food, clothes – people bring everything, and someone needs to quickly find ways of delivering them to those who need them.

Sometimes this collaboration is difficult, involves a lot of bureaucracy, and it can be difficult to get answers on time. “Republic of Moldova has never faced such a large influx of refugees and, probably because nobody thought this could happen, a mechanism of this kind of crisis has not been developed. Due to the absence of such a mechanism that the state should have created, we, the volunteers, intervened and tried to help in a practical way for the spontaneous and on the sport solutions of the problems,” mentions Ecaterina Luțișina, volunteer responsible for the refugees’ accommodation.

Ana Maria Popa, one of the founders of the group “Help Ukrainians in Moldova/SOS Українці Молдовa” says that the toughest thing is to find time and have a clear mind in managing different procedures, although things still happen somehow naturally. Everyone is ready to intervene and help, to take on more responsibilities and to act immediately when needed. The biggest challenges arise when it is necessary to accommodate large families, people with special needs, for which alternative solutions must be identified.

Goods and donations

The volunteers try to cope with the high flow of requests for both accommodation and products of all kinds. “It came to me as a shock and a panic when I found out that both mothers who are now in Ukraine, as well as those who found refuge in our country are losing their milk because of stress. We are trying to fill an enormous need for milk powder, for which the demand is high and the stocks are decreasing”, says Steliana, the volunteer responsible for the distribution of goods from the donation centers.

Several centers have been set up to collect donations in all regions of Chisinau, and volunteers are redirecting the goods to where the refugees are. A system for processing and monitoring donations has already been established, while the volunteer drivers take over the order only according to a unique code.

Volunteers from the collection centers also do the inventory – the donated goods and the distributed goods. The rest is transported to Vatra deposit, from where it is distributed to the placement centers where more than 50 refugees are housed.

When they want to donate goods, but they don’t know what would be needed, people are urged to put themselves in the position of refugees and ask themselves what would they need most if they wake up overnight and have to hurriedly pack their bags and run away. Steliana wants to emphasise that “these people are not needy, but these people need help. They did not choose to end up in this situation.”

Furthermore, the volunteer Cristina Sîrbu seeks to identify producers and negotiate prices for products needed by refugees, thus mediating the procurement process for NGOs with which she collaborates, such as Caritas, World Children’s Fund, Polish Solidarity Fund, Lifting hands, Peace Corps and others.

One of the challenges she is facing now is the identifying a mattress manufacturer in the West, because the Moldovan mattress manufacturer that has been helping so far no longer has polyurethane, a raw material usually imported from Russia and Ukraine.

Cristina also needs to find solutions for the needs of the volunteer groups – phones, laptops, gsm connection and internet for a good carrying out of activities.

Hate messages

The most difficult thing for the communication team is to manage the hate messages on the social networks, which started to appear more often. “Even if there is some sort of dissatisfaction from the Ukrainian refugees and those who offer help, we live now in a very diverse society, there are different kind of people, and we act very differently under stress,” said Vlada Ciobanu.

Translation by Cătălina Bîrsanu

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Featured

FC Sheriff Tiraspol victory: can national pride go hand in hand with political separatism?

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A new football club has earned a leading place in the UEFA Champions League groups and starred in the headlines of worldwide football news yesterday. The Football Club Sheriff Tiraspol claimed a win with the score 2-1 against Real Madrid on the Santiago Bernabeu Stadium in Madrid. That made Sheriff Tiraspol the leader in Group D of the Champions League, including the football club in the groups of the most important European interclub competition for the first time ever.

International media outlets called it a miracle, a shock and a historic event, while strongly emphasizing the origin of the team and the existing political conflict between the two banks of the Dniester. “Football club from a pro-Russian separatist enclave in Moldova pulls off one of the greatest upsets in Champions League history,” claimed the news portals. “Sheriff crushed Real!” they said.

Moldovans made a big fuss out of it on social media, splitting into two groups: those who praised the team and the Republic of Moldova for making history and those who declared that the football club and their merits belong to Transnistria – a problematic breakaway region that claims to be a separate country.

Both groups are right and not right at the same time, as there is a bunch of ethical, political, social and practical matters that need to be considered.

Is it Moldova?

First of all, every Moldovan either from the right or left bank of Dniester (Transnistria) is free to identify himself with this achievement or not to do so, said Vitalie Spranceana, a sociologist, blogger, journalist and urban activist. According to him, boycotting the football club for being a separatist team is wrong.

At the same time, “it’s an illusion to think that territory matters when it comes to football clubs,” Spranceana claimed. “Big teams, the ones included in the Champions League, have long lost their connection both with the countries in which they operate, and with the cities in which they appeared and to which they linked their history. […] In the age of globalized commercial football, teams, including the so-called local ones, are nothing more than global traveling commercial circuses, incidentally linked to cities, but more closely linked to all sorts of dirty, semi-dirty and cleaner cash flows.”

What is more important in this case is the consistency, not so much of citizens, as of politicians from the government who have “no right to celebrate the success of separatism,” as they represent “the national interests, not the personal or collective pleasures of certain segments of the population,” believes the political expert Dionis Cenusa. The victory of FC Sheriff encourages Transnistrian separatism, which receives validation now, he also stated.

“I don’t know how it happens that the “proud Moldovans who chose democracy”, in their enthusiasm for Sheriff Tiraspol’s victory over Real Madrid, forget the need for total and unconditional withdrawal of Russian troops from Transnistria!” declared the journalist Vitalie Ciobanu.

Nowadays, FC Sheriff Tiraspol has no other choice than to represent Moldova internationally. For many years, the team used the Moldovan Football Federation in order to be able to participate in championships, including international ones. That is because the region remains unrecognised by the international community. However, the club’s victory is presented as that of Transnistria within the region, without any reference to the Republic of Moldova, its separatist character being applied in this case especially.

Is it a victory?

In fact, FC Sheriff Tiraspol joining the Champions League is a huge image breakthrough for the Transnistrian region, as the journalist Madalin Necsutu claimed. It is the success of the Tiraspol Club oligarchic patrons. From the practical point of view, FC Sheriff Tiraspol is a sports entity that serves its own interests and the interests of its owners, being dependent on the money invested by Tiraspol (but not only) oligarchs.

Here comes the real dilemma: the Transnistrian team, which is generously funded by money received from corruption schemes and money laundering, is waging an unequal fight with the rest of the Moldovan football clubs, the journalist also declared. The Tiraspol team is about to raise 15.6 million euro for reaching the Champions League groups and the amounts increase depending on their future performance. According to Necsutu, these money will go directly on the account of the club, not to the Moldovan Football Federation, creating an even bigger gab between FC Sheriff and other football clubs from Moldova who have much more modest financial possibilities.

“I do not see anything useful for Moldovan football, not a single Moldovan player is part of FC Sheriff Tiraspol. I do not see anything beneficial for the Moldovan Football Federation or any national team.”

Is it only about football?

FC Sheriff Tiraspol, with a total estimated value of 12.8 million euros, is controlled by Victor Gusan and Ilya Kazmala, being part of Sheriff Holding – a company that controls the trade of wholesale, retail food, fuels and medicine by having monopolies on these markets in Transnistria. The holding carries out car trading activities, but also operates in the field of construction and real estate. Gusan’s people also hold all of the main leadership offices in the breakaway region, from Parliament to the Prime Minister’s seat or the Presidency.

The football club is supported by a holding alleged of smuggling, corruption, money laundering and organised crime. Moldovan media outlets published investigations about the signals regarding the Sheriff’s holding involvement in the vote mobilization and remuneration of citizens on the left bank of the Dniester who participated in the snap parliamentary elections this summer and who were eager to vote for the pro-Russian socialist-communist bloc.

Considering the above, there is a great probability that the Republic of Moldova will still be represented by a football club that is not identified as being Moldovan, being funded from obscure money, growing in power and promoting the Transnistrian conflict in the future as well.

Photo: unknown

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Politics

Prime Minister Natalia Gavrilita meets high-ranking EU officials in Brussels

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Prime Minister of the Republic of Moldova, Natalia Gavrilita, together with Deputy Prime Minister and Minister of Foreign Affairs, Nicu Popescu, pay an official visit to Brussels, between September 27-28, being invited by High Representative of the European Union for Foreign Affairs and Security Policy, Josep Borrell Fontelles.

Today, Prime Minister had a meeting with Charles Michel, President of the European Council. The Moldovan PM thanked the senior European official for the support of the institution in strengthening democratic processes, reforming the judiciary and state institutions, economic recovery and job creation, as well as increasing citizens’ welfare. Natalia Gavrilita expressed her confidence that the current visit laid the foundations for boosting relations between the Republic of Moldova and the European Union, so that, in the next period, it would be possible to advance high-level dialogues on security, justice and energy. Officials also exchanged views on priorities for the Eastern Partnership Summit, to be held in December.

“The EU is open to continue to support the Republic of Moldova and the ambitious reform agenda it proposes. Moldova is an important and priority partner for us,” said Charles Michel.

Prime Minister Natalia Gavrilita also met with Paolo Gentiloni, European Commissioner for Economy, expressing her gratitude for the support received through the OMNIBUS macro-financial assistance program. The two officials discussed the need to advance the recovery of money from bank fraud, to strengthen sustainable mechanisms for supporting small and medium-sized enterprises in Moldova, and to standardize the customs and taxes as one of the main conditions for deepening cooperation with the EU in this field.

Additionally, Prime Minister spoke about the importance of the Eastern Partnership and the Deep Free Trade Agreement, noting that the Government’s policies are aimed at developing an economic model aligned with the European economic model, focused on digitalization, energy efficiency and the green economy.

A common press release of the Moldovan Prime Minister with High Representative of the European Union for Foreign Affairs and Security Policy/Vice-President of the Commission, Josep Borrell Fontelles, took place today, where the agenda of Moldova’s reforms and the main priorities to focus on in the coming months were presented: judiciary reform; fighting COVID-19 pandemic; promoting economic recovery and conditions for growth and job creation; strengthening state institutions and resilience of the country.

“I am here to relaunch the dialogue between my country and the European Union. Our partnership is strong, but I believe there is room for even deeper cooperation and stronger political, economic and sectoral ties. I am convinced that this partnership is the key to the prosperity of our country and I hope that we will continue to strengthen cooperation.”

The Moldovan delegation met Didier Reynders, European Commissioner for Justice. Tomorrow, there are scheduled common meetings with Oliver Varhelyi, European Commissioner for Neighborhood and Enlargement, Adina Valean, European Commissioner for Transport and Kadri Simson, European Commissioner for Energy.

Prime Minister will also attend a public event, along with Katarina Mathernova, Deputy Director-General for Neighbourhood Policy and Enlargement Negotiations.

Photo: gov.md

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