Politics
Parliamentary Imunodeficitar Syndrome
Reading Time: 5 minutes The Communist majority faction, with the votes of 54 lawmakers, gave green light on October 13 to requests of prosecutor-general to try a group of deputies who represent the opposition faction of the
Sergiu Grosu – ADEPT
The Communist majority faction, with the votes of 54 lawmakers, gave green light on October 13 to requests of prosecutor-general to try a group of deputies who represent the opposition faction of the Alliance Our Moldova (AMN), including leader Serafim Urechean, under Penal Code.
The voting was preceded by a plenary sitting with arden debates, with prosecutor-general being in situation of his clients and invoking the so-called "secret of investigation" more than once, when he was questioned in details. Also before voting, the majority faction of the Party of Moldovan Communists (PCRM) was left alone and all other parliamentary political parties publicly refused to cast their votes, a situation which was not registered in the parliament after March 6, 2005, when the acting governmental team received the trust vote of only 56 Communist lawmakers. The opposition representatives, except for AMN, unanimously recommended their accused colleagues "to openly go to the court in order to demonstrate their innocence there," rather than justified their actions.
The talks in the parliament outlined juridical aspects of mandate of lawmakers besides political problems, raising talks on immunities and inviolabilities awarded to deputies and other categories of public functionaries. On this occasion, some lawmakers recalled the idea to annul or to essentially limit the parliamentary immunity, while others invited colleagues to forget the slogans from electoral campaigns and to cooperate for deeper and better guarantees needed for promotion of political pluralism, by revising the legislation on functioning of prosecutor’s office and courts.
We remind in the context that there were many tries at the precedent session of the parliament to promote the candidacy of Serafim Urechean to the Moldovan delegation to the Parliamentary Assembly of the Council of Europe (PACE), tries generated by tactical reasons and probably by fact that the status of lawmaker who is a PACE member awards international immunity that can be limited more hardly than the national immunity. Perhaps the failure of these tries and political developments at local level made the AMN leader say that he refuses the parliamentary immunity and complies with procedures of law enforcement bodies aimed to demonstrate his illegal actions.
This is a political statement without any juridical nature, since the immunity is a public law category in the modern constitutional acceptation, an imperative of mandate of parliamentarian, not a personal privilege which can be refused for a period. The immunity is effective throughout mandate of lawmaker and if the immunity is ceded, the mandate of deputy is given up, too, and there are many examples in this regard, even in neighboring countries.
This statement is effective for these cases despite of the fact that constitutional norms of Articles 70-71 protect lawmakers above all from persecutions against votes or opinions expressed during mandate, while the penal investigation vs. AMN representatives started before they have obtained the mandates of parliamentarians. It is important to mention here the mode of activity of prosecutor’s office bodies which understand the "reasonable terms" of the Code of Penal Procedure in a special manner. Thus, the delivery of the case filed in late 2004 for "one illegal action" to the court was preceded by parliamentary elections, and the defendants received immunity then; by election of the chief of state, investiture of the cabinet of ministers, and resignation of Serafim Urechean from the post of mayor general of the Chisinau municipality.
These events altogether make the impression of some political pressures on AMN, and an ad-hoc TV survey carried out within a programme with the participation of Serafim Urechean confirmed this fact. This impression can be also based on withdrawal of immunity from AMN parliamentarians. The majority parliamentary faction took this action after the failed try to elect a new mayor of Chisinau last summer and before the new mayoral elections scheduled for late November.
Meanwhile, a series of not very good events for the Moldovan authorities took place: the European Court of Human Rights (ECHR) sentenced Moldova in case of another functionary of the Chisinau City Hall for holding him contrary to international legislation and norms; the PACE has recently passed a resolution on functioning of democratic institutions in Moldova, with a series of serious recommendations. The issue regarding examination of requests of the prosecutor-general seeking the trying of some lawmakers under Penal Code was included in agenda of the parliament as exception and with derogations from regulations in the area, with only two days after appearance of the PACE Resolution.
The normal question appearing here is why does the parliamentary majority need such talks and conflicts with political opponents from the so-called "active opposition" namely now? Why does it take such steps when the "national political consensus" seems to function, when European institutions and namely PACE salutes the accomplishments within this consensus, when PACE urges the Moldovan authorities to review regularities and provisions of the status of lawmaker which allow the loss of immunity for political reasons, as well as to reexamine the reasons of penal investigation vs. opposition leaders? More than that, the governance representatives know very well that European institutions pay an increased attention to aspects related to immunity of parliamentarians in monitored countries, and these institutions had earlier demanded explanations from the Chisinau authorities regarding the respect for democratic principles in the area.
The answer seems to be clear. First, the started work must be finished; this way the political and selective nature of penal investigation is recognised. Second, the recent PACE report on functioning of democratic institutions in Moldova indicates the independence of justice and its institutions, corruption among big problems. The withdrawal of immunity from AMN lawmakers may be regarded through this viewpoint, and authorities may say that they fight against corruption this way. However, the final can be different, depending on quality of evidence collected by prosecutor’s office in the case vs. Serafim Urechean. If the accusation is weak and its evidence envisages only the single episode related to purchase of ambulances, the court may award victory to the former mayor-general, the justice would triumph and government would get through this situation by invoking eventually the fact that the Moldovan justice has tested its independence while the prosecutor’s office must be r! eformed the way the "constructive opposition" demands.
However, the questions mentioned above may also comprise other components of the answer – the next PACE resolution on Moldova could appear after half a year and it is unknown how the majority and "constructive opposition" will cooperate then, especially when the last clauses of the April 4, 2005 agreement will be fulfilled the next several months (while the civil law rule says that "the sides return to the previous situation when the contract expires"). Respectively, the ruling party could be interested to return to the situation registered before April 4 but under new circumstances, when the two oppositions hate and accuse each other, while the leader of the "active opposition" is harassed, and this thing is nothing but a reproach against "constructive opposition", which failed a satisfactory result for an adequate treatment from law enforcement bodies for an opposition leader within the understanding with opposition, not only for those who hold an agreement with the govern! ance.
As regards the relations between the two oppositions and their capacity of self-defense, it is worth to mention that leaders of the Christian Democratic People’s Party (PPCD) knew how to resist to assaults on their immunity in the precedent legislature. The seven decisions of the parliament concerning the preliminary consent for trying on penal or conventional cause in 2001-2004 had no effects on viability of this political force. It is true that they had to handle a different situation, as the prosecutor’s office filed the cases when they were lawmakers, so that it was easier to demonstrate the connection between votes and opinions and persecution. Anyway, the PPCD demonstrated that it does not suffer from parliamentary AIDS. AMN should demonstrate soon that it has enough forces to protect its immunity.
However, games with giving up parliamentary immunity must stop. It is well-known that there are tendencies to limit the immunity in countries with authentic democratic regimes, especially of parliamentary immunity, since inviolability often leads to irresponsibility. Limitation or annulment of immunity may have grave effects in countries which are part of the so-called "new democracies", where the lack of an independent and strongly consolidated juridical system is visible. Even more, common citizens may have a favorable perception of reduction of parliamentary immunity, so that it would be very hard to stop this process once it starts. // E-journal
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
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
Politics
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
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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