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Reuters: Venice Commission finds Moldova’s electoral system change “inappropriate”

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In possession of a leaked document, Reuters reports that the experts of the Venice Commission concluded that the electoral system change is “inappropriate“, invoking risks of political or business interests.

The replacement of the proportional electoral system with a mixed one reportedly raised concerns with the law experts because of limited consultation with the society and lack of political consensus:

“In light of these concerns, and in view of limited meaningful consultation and underlying consensus needed to reform the electoral system, such a fundamental change under the current political context in Moldova seems inappropriate”, Reuters quotes the draft supposed to be given consideration on June 16.

The leaked opinion was not commented by the Council of Europe spokesperson, Panos Kakaviatos.

One of the authors and supporters of the electoral system switch, Parliament Speaker Andrian Candu declared for Reuters that Moldova’s ruling coalition would welcome legal arguments and technical expertise from the Commission, mentioning that there should be no interference to the sovereign choice of the country. Moreover, Candu thinks that some of the Commission’s recommendations went beyond its remit“…this is something that we will either disregard or we will work with the Venice Commission in a way that they change their mind”.

The electoral system change in question was provoked by the Democrats (who still insist an uninominal system) and Socialists, who voted together for the adoption of a mixed electoral system (initiated by President Igor Dodon) with 74 votes out of total 101. The move made the opposition parties and civil society groups protest and call for rather improving than replacing the current proportional system.

Correspondent reporter of Moldova.org Focus: Transnistrian conflict settlement, Eastern Partnership. Inquiries at [email protected]

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Politics

A leopard never changes its spots or the ambitions of President Igor Dodon

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Recently, a minority government was established in the Republic of Moldova at the initiative of the Moldovan president – Igor Dodon. It was formed of only one party – the Party of Socialists of the Republic of Moldova (PSRM) – which is unofficially led by Igor Dodon (according to the law, the president can’t be a member of a political party). The socialists helped by democrats (the Democratic Party of Moldova – DPM) offered the confidence vote to the Government led by Ion Chicu, who is a closely connected person to the president. Therefore, President Dodon has now more and more influence on the key state institutions for promoting his own vision on how the things should be done in the Republic of Moldova. How is that possible? Let’s take it one by one.

The Parliament

On November 12th, the government led by Maia Sandu fell as a result of the no-confidence motion submitted by PSRM in the Parliament. The representatives of the previous government coalition (PSRM and the political bloc ACUM) couldn’t reach a compromise regarding submitting the list of candidates for the position of Prosecutor General. The no-confidence motion was voted by 63 Members of the Parliament (MPs) – 34 MPs from PSRM and 29 deputies from DPM.

The next day, socialists declared their support for the initiative of President Igor Dodon to create a minority Government. “It will be made up of professionals, apolitical and technocratic people, to ensure the good development and progress of the Republic of Moldova. […] The next Government will be a technocratic one, not a political one. However, the Government will have all the powers to implement the economic and social projects that the PSRM has promoted so far.” it was said in a PSRM statement.

Political experts though, have very big doubts that an apolitical minority government controlled by one political party is possible, from the very beginning, being clear that it will be directly connected to PSRM and President Dodon.

In such a way, beside assuming the responsibility for the minority government in Moldova, PSRM is currently represented by the speaker and the vice-president of the Parliament, as well as by four members of the Permanent Bureau of the legislative power.

The Government

The new prime minister along with the new Government were appointed as quick as lighting, President Dodon said there is no reason to wait 90 days as the law stipulates and Ion Chicu (the former adviser of the President Dodon) was appointed the prime minister of the country. In reality, all of it seemed like a hell of a plan: ruling in a coalition to gain credibility internationally and, at the proper moment, getting rid of it and establishing a new, controllable Government with the support of own political party.

Beside Prime Minister Ion Chicu, there are five more former advisers to the head of state who were appointed Ministers in the new Cabinet, as well as the PSRM lawyer. That is one of the reasons why the newly established Government can’t be categorised as apolitical by political analysts and civil society.

The first signs of attempting to control the Government were openly manifested at the first sitting of the Cabinet of Ministers, which was personally chaired by the President Dodon, even though that challenges the principle of separation of power in a state. The sitting was suddenly and without any explanation held behind closed doors, albeit it was initially announced as public.

“The Government led by Chicu is meant to solve problems certainly in the interests of society, but especially in the interests of the head of state. This is obvious,” declared the analyst Igor Boțan for FRE/RL.

source: gov.md| President Dodon sat on the Prime Minister’s chair, Prime Minister Chicu is on his right.

Former Prime Minister Maia Sandu declared that she had information about negotiations between President Dodon, socialists and democrats to tear down the government since September. “No matter if we had assumed the responsibility (for the  amendments to the Law on Prosecutor’s Office) or not, the government would have been anyway dismissed.[…] I was aware that, once Plahotniuc was away, Dodon would also try to subordinate the state institutions, but we could not fight both Plahotniuc and Dodon at the same time. We had to get rid of the most toxic first. The fact that Dodon subsequently violated the agreements with ACUM, showed his true self,” said Maia Sandu in an interview for G4Media.ro.

The Prosecutor General

The General Prosecutor’s Office (GPO) has a new Prosecutor General – Alexandr Stoianoglo, the only candidate (out of 4 proposed) who previously had a political (DPM) affiliation. President Igor Dodon signed the decree and presented him to the GPO. Everything happened in less than 24 hours since the interviews with candidates were conducted. “The appointment of the Prosecutor General is a long awaited moment, in order to overcome the deadlock of the General Prosecutor’s Office. I reiterate that, nowadays, the Republic of Moldova cannot afford to maintain a key institution in a semi-functional regime,” declared Igor Dodon.

Despite the lawsuit filed by the deputy of Prosecutor General Eduard Bulat against the Ministry of Justice, as well as the allegations made by former Minister of Justice Olesea Stamate, the same list of four candidates for the position of Prosecutor General was transmitted to the Superior Council of Prosecutors (SCP) by the decision of the new Minister of Justice, Fadei Nagacevschi.

More details on the subject here.

“The political situation that took place around the dismissal of the Government led by Sandu and the appointment of the Government led by Chicu was the high stake of President Igor Dodon to obtain and take control of the Prosecutor General, which would give him personal comfort and neutralise any surprise that could have appeared in the case of an independent prosecutor, as well as would ensure him a smooth election campaign and the second term in the next presidential elections,” opinated the economic expert Veaceslav Negruța in a press conference organised by IPN and Radio Moldova.

Media control

Accent TV (one of four TV stations affiliated with PSRM) has been renamed “the First in Moldova” and has obtained the right to re-transmit the broadcasts of the Russian main TV station Pervii Kanal. After the creation of “the First in Moldova” TV channel, Telesistem TV SRL (the founder of Accent TV) requested to the Audiovisual Council (AC) to issue a new broadcast license for the TV station Accent TV. Previously, Prime TV, a TV station affiliated with the former democrat leader Vladimir Plahotniuc, had this exclusive right.

Additionally, two other televisions – NTV Moldova, which re-transmits the Russian NTV channel, and Exclusiv TV, which re-transmits the Russian TV station TNT – are both administered by Exclusiv Media SRL, founded by the PSRM member Corneliu Furculiță.

As a result of these events, several NGOs from Moldova expressed their concern about the latest decisions of the AC, which would, according to them, stimulate media monopolisation in the Republic of Moldova. Also, the NGOs drew the attention of the AC members to the fact that PSRM affiliated TV stations reflect the most important topics on the public agenda by strongly favouring and promoting the PSRM members.

“It may happen that we will have an ideology that dominates the country again. We already had a time when everyone was thinking the same way. This led to nothing. The history repeats itself. When the government is changing, the redistribution of the media market is beginning. It’s sad. It proves that we didn’t develop as a society, as a state or as a political culture,” said the media expert Ion Bunduchi.

**

Igor Dodon is one of the most trusted persons in the Moldovan society. According to the last survey performed by the Public Opinion Fund, 26% of respondents said they trust President Igor Dodon the most. Therefore, having the society’s support, control over media and the most important state institutions, it seems that the plans of President Dodon to gain the second presidential seat and switch to the presidential system have a big potential to become true. But will they?

Photo: gov.md

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Justice

Former Prime Minister Vladimir Filat was released from detention

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Former prime minister Vladimir Filat was freed from detention on December 3rd, after a request was registered at the Chișinău District Court by the administration  of the prison no. 13 (the prison where the former prime minister spent his detention) on November 12th. The detention of Vladimir Filat was reduced by 709 days based on the decision of the national court as compensation for the inhuman and degrading treatment that was inflicted to him.

Vladimir Filat was supposed to serve a nine years prison sentence until November 5th, 2022. However, the law provides for the possibility of conditional release after serving 2/3 of the sentence. The former prime minister could have been released from detention on October 15th, 2021.

However, in July and October this year, there were two court decisions (based on a decision of the European Court of Human Rights) on reducing the sentence by 709 days, as a compensation for the bad conditions of detention. Thus, after the execution of 709 days reduction, it was concluded that Vladimir Filat has already reached 2/3 of his sentence on November 6th.

“Filat was sentenced to nine years in prison. Two-thirds of the sentence is six years. Now he’s four years old. One year was calculated for two, because he was sentenced in inhuman conditions. […] The law allows that when there are no civil actions and no recovery of damages,” explained  Filat’s lawyer Ion Vâzdoaga for TV8.

Vladimir Filat was sentenced to nine years of imprisonment on October 15th, 2015, being found guilty of passive corruption and traffic of influence. His criminal case was directly related to the disappearance of one billion dollars from 3 banks of the Republic of Moldova.

There is also a second criminal case, in which the former prime minister is charged with committing large-scale money laundering. The former prime minister pleads innocent.

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Justice

One more criminal case filed against Vladimir Plahotniuc for holding a second Moldovan citizenship

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On October 29th, the Anti-corruption Prosecutor’s Office filed one more criminal case against the former leader of the Democratic Party of Moldova (DPM), Vladimir Plahotniuc, for illegally obtaining a second passport of the Republic of Moldova, with a second identity. The criminal prosecution was started based on accusations of “abuse of service, committed in the interest of an organised criminal group or a criminal organisation,” according to the Anti-corruption Prosecutor’s Office information.

The offence based on which the criminal investigation was initiated is punishable by imprisonment from three to seven years, by the deprivation of the right to hold certain offices or to carry out a certain activity for a term of 10 to 15 years.

The chairman of the Parliamentary Commission on National Security, Defence and Public Order, Chiril Moţpan, confirmed at a press conference that the former leader of DPM Vladimir Plahotniuc had a dual identity in the Republic of Moldova. “We have come into possession of a document that clearly indicates that the citizen Vladimir Plahotniuc has one more identity in the Republic of Moldova. That information also reached the Prosecutor’s Office and a criminal case was filed,” declared Moţpan.

No personal details about the second identity of Plahotniuc was provided, as these data were classified. According to the declarations of Chiril Moţpan, the document would have been obtained when Sergei Răilean, the godson of the current DPM president, Pavel Filip, held the office as the director of the Public Services Agency. According to the chairman of the Parliamentary Commission, the Democrat Sergei Iaralov (one of the most important persons of the Plahotniuc’s trusted circle) has also two Moldovan identities.

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