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Moldova Must Stop Mixing Politics And Prosecutions

Reading Time: 4 minutes Whatever the outcome of the current maneuvering and machinations between the Communists and the opposition over the election of a new Moldovan president, when the dust settles the countrys leaders will need urgently to find a way to return civility and respect to domestic politics.

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By Louis O’Neill

Whatever the outcome of the current maneuvering and machinations between the Communists and the opposition over the election of a new Moldovan president, when the dust settles the country’s leaders will need urgently to find a way to return civility and respect to domestic politics.

Following the mob violence in the wake of the April parliamentary elections that led to the torching of the parliament building and a brutal overreaction by the police, politics in Moldova has taken on a sadly Hobbsian cast. A poisonous atmosphere — which has been developing for many years — means that compromise is no longer possible and repeat elections appear inevitable.

The political class in Chisinau nonetheless remains insular and most members of the outgoing parliament won reelection. For the country to get on track and seriously pursue the long-promised and oft-postponed reforms required to produce a healthy, modern European state, national reconciliation is vital.

One way to start this process is to put an end to the selective prosecutions of political opponents that has so sullied Moldova’s legal system and international reputation.

When I was a prosecutor working in New York City for the legendary District Attorney Robert Morganthau, every morning I would take the elevator, packed with law enforcement agents, up to my office. The elevator doors would open and the first thing one saw was an old poster of Morganthau’s predecessor, Frank Hogan.

I can still picture it clearly in my mind’s eye: a black-and-white photograph of the kindly, wizened, but enormously powerful former chief prosecutor with a bold caption below that warned, "You Don’t Play Politics With People’s Lives."

Every assistant district attorney saw this image and this simple message every day, and it was a profound reminder of both the power and responsibility of handling the people’s case in a criminal prosecution. Although the New York district attorney is elected by popular vote, the office’s tradition, which dates back 75 years, is that politics should never be a factor in deciding whether to charge a crime; the prosecutor’s job is to protect the public and administer the laws fairly.

Playing Politics

All too frequently in Moldova, criminal accusations and the great weight of law enforcement are deployed in ways that seem more targeted toward advancing someone’s particular political or financial agenda than toward keeping society safe. This erodes confidence in the legal system, saps morale among police and prosecutors, and ultimately undermines the legitimacy of the entire political process.

Procedural irregularities in investigation and prosecution, which are also frequent in Moldova, are just as dangerous as substantive ones, as they belie the entire notion of a fair system that permits a real and robust defense.

A recent incident indicates that this approach still constitutes a reflexive business-as-usual. Chisinau Mayor Dorin Chirtoaca recently visited the United States to meet with officials and nongovernmental organizations, and to speak publicly and emotionally about the Liberal Party of Moldova’s view of the events that followed the April 5 elections.

Barely a week after Chirtoaca’s return to Moldova, the Moldovan Prosecutor-General’s Office, through the municipal prosecutor, demanded an explanation of the scope of his visit, its results, and — most ominously — who paid for it. Chirtoaca’s answer was that just $36 of the total cost of the trip came from the mayoralty’s coffers.

This inquiry was probably just another attempt to rattle a young, reformist leader. But once again we see the instinct in Moldova to swiftly criminalize what are political differences among elected officials. This perpetuates an unhealthy cycle that goes back many years and involves politicians of all stripes.

For example, in September 2006, Ion Musuc and his son, Eduard, were accused of fraudulently churning collateral to the tune of 2 million Moldovan lei ($155,836). At that time, the elder Musuc was the head of the opposition Social Democratic Party and Eduard Musuc was a member of its leadership and the former director of the successful Internet provider Megadat. Ion Musuc fled Moldova when the case was made public, while his son was arrested on charges punishable by 10 to 25 years in prison.

Bail was set and rescinded several times until in April 2007, the court dismissed the accusation for lack of a substantive basis. Musuc took his case to the European Court for Human Rights (ECHR), and in November 2007 was awarded 12,000 euros ($17,590) for moral suffering and legal fees in connection with what the court termed his "illegal detention."

Ending Political Prosecutions

Another former opposition mayor of Chisinau, Serafim Urechean, was pressured and discredited with a criminal case, along with his top officials, in the notorious "ambulance affair." Urechean and his team were accused of financial improprieties in the acquisition of 40 ambulances for the city in a process that lasted from June 2004 until the case was finally closed in February 2009. Several of the subordinates were held in prison — one for more than a year — and they too applied to the ECHR, winning tens of thousands of euros from the Moldovan government.

The extensive list of such politicized disputes includes the criminal case against the chairman of the board of directors of Victoriabank and his attorney (another loss for Moldova in the ECHR, this time costing taxpayers nearly 10,000 euros); the multiple criminal actions against the opposition leader in Gagauzia, Mikhail Formuzal; and the infamous "MiG case" against former Defense Minister Valeriu Pasat.

Moldova needs to break with its tradition of politicized prosecutions and "telephone justice." If snap parliamentary elections do take place, how about a pledge by all parties that, if elected, they will establish an independent review and advisory commission within the prosecutor’s office that will have final jurisdiction over any case initiated against, or affecting, a political figure in Moldova?

This group could receive special training and financing to assure its independence and could contain a civil-society oversight component, working, of course, under conditions of strictest confidentiality. It could even be backed up by advice and hands-on assistance from the European Commission as part of Moldova’s ongoing efforts at European integration.

This is not a perfect solution and cannot take the place of personal rectitude and political restraint. But it would still be an important step toward establishing independent prosecutors, emboldening the judiciary to be more autonomous, and, step-by-step, promoting the checks and balances in government from which all civil protections flow.

Louis O’Neill was the Organization for Security and Cooperation in Europe’s ambassador and head of mission to Moldova in 2006-08. The views expressed in this commentary are the author’s own and do not necessarily reflect those of RFE/RL
 

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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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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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Promo-LEX about Maia Sandu’s UN speech: The president must insist on appointing a rapporteur to monitor the situation of human rights in Transnistria

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The President of the Republic of Moldova, Maia Sandu, pays an official visit to New York, USA, between September 21-22. There, she participates in the work of the United Nations General Assembly. According to a press release of the President’s Office, the official will deliver a speech at the tribune of the United Nations.

In this context, the Promo-LEX Association suggested the president to request the appointment of a special rapporteur in order to monitor the situation of human rights in the Transnistrian region. According to Promo-LEX, the responsibility for human rights violations in the Transnistrian region arises as a result of the Russian Federation’s military, economic and political control over the Tiraspol regime.

“We consider it imperative to insist on the observance of the international commitments assumed by the Russian Federation regarding the withdrawal of the armed forces and ammunition from the territory of the country,” the representatives of Promo-LEX stated. They consider the speech before the UN an opportunity “to demand the observance of the Universal Declaration of Human Rights by the Russian Federation with reference to this territory which is in its full control.”

“It is important to remember about the numerous cases of murder, torture, ill-treatment, forced enlistment in illegal military structures, the application of pseudo-justice in the Transnistrian region, all carried out under the tacit agreement of the Russian Federation. These findings stem from dozens of rulings and decisions issued by the European Court of Human Rights, which found that Russia is responsible for human rights violations in the region.”

The association representatives expressed their hope that the president of the country would give priority to issues related to the human rights situation in the Transnistrian region and would call on relevant international actors to contribute to guaranteeing fundamental human rights and freedoms throughout Moldova.

They asked Maia Sandu to insist on the observance of the obligation to evacuate the ammunition and the military units of the Russian Federation from the territory of the Republic of Moldova, to publicly support the need for the Russian Federation to implement the ECtHR rulings on human rights violations in the Transnistrian region, and to request the appointment of an UN Human Rights Council special rapporteur  to monitor the human rights situation in the Transnistrian region of the Republic of Moldova.

**

The Promo-LEX Association concluded that 14 out of 25 actions planned within the National Action Plan for the years 2018–2022 concerning respecting human rights in Transnistria were not carried out by the responsible authorities.

The association expressed its concern and mentioned that there are a large number of delays in the planned results. “There is a lack of communication and coordination between the designated institutions, which do not yet have a common vision of interaction for the implementation of the plan.”

Promo-LEX requested the Government of the Republic of Moldova to re-assess the reported activities and to take urgent measures, “which would exclude superficial implementation of future activities and increase the level of accountability of the authorities.”

Photo: peacekeeping.un.org

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