{"id":446955,"date":"2019-03-27T16:07:21","date_gmt":"2019-03-27T16:07:21","guid":{"rendered":"http:\/\/www.moldova.org\/en\/?p=446955"},"modified":"2019-03-27T16:34:59","modified_gmt":"2019-03-27T16:34:59","slug":"citizens-republic-moldova-not-protected-rule-law-moment-equal-justice-crushed","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/citizens-republic-moldova-not-protected-rule-law-moment-equal-justice-crushed\/","title":{"rendered":"Why the citizens of the Republic of Moldova are not protected by the rule of law or the moment when the equal justice crushed"},"content":{"rendered":"Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>

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?<\/p>\n

People of Moldova don\u2019t trust the Moldovan justice. An opinion poll<\/a> 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.<\/p>\n

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\u00a0faster than the one who has money.<\/p>\n

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<\/a> by Ziarul de Gard\u0103.<\/p>\n

\u201cWhen 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?\u201d<\/strong> declared<\/a> the expert of the Centre for Legal Resources in Moldova, \u00a0Nadejda Hriptievschi, for RFE\/RL.<\/p>\n

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.<\/p>\n

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<\/a> of the leader of the Dignity and Truth Platform Party (DTPP), Andrei N\u0103stase. The accused didn\u2019t confess and claimed that the file was politically charged.<\/p>\n

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.<\/p>\n

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. \u201cAfter 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\u2019t even know,\u201d<\/strong> declared Petic cited<\/a> by Newsmaker.<\/p>\n

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.<\/p>\n

In the meantime, a new hearing will be held in another file addressing Gheorghe Petic, as Ziarul de Gard\u0103 reported<\/a>. 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.<\/p>\n

\u201cThey have found dubious people who do not even remember how the events happened. They made false statements. It\u2019s 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,\u201d<\/strong> Gheorghe Petic previously declared.<\/p>\n

In February 2019, Ziarul de Gard\u0103 wrote<\/a> about differentiated approaches in the cases of Gheorghe Petic and Ilan \u0218or, 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.<\/p>\n

In the case of Ilan \u0218or, 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 \u015eor was sentenced to seven and a half years in prison, but because the sentence is not final, the politician is still free.<\/p>\n

“During the electoral period, the candidates can\u2019t be dismissed or transferred to another job or position without their consent and can\u2019t be found criminally liable, arrested, detained and can\u2019t be a subject to administrative sanctions without the consent of the electoral body that registered them, with except for flagrant offenses,”<\/em> says the Electoral Code of the Republic of Moldova.<\/p>\n

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.<\/p>\n[aesop_character img=”http:\/\/www.moldova.org\/en\/wp-content\/uploads\/sites\/2\/2019\/03\/alaiba2.jpg” name=”Dumitru Alaiba” align=”left” width=”60%” force_circle=”off”]\n

\u201cThe 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\u2019s the name of Vlad Plahotniuc that could be so fiercely protected. The government has only one method to prove the opposite \u2013 to publish the Kroll 2 report,\u201d<\/strong> Dumitru Alaiba, the member of the political bloc ACUM, wrote in a Facebook post.<\/p>\n

According to the World Justice Project (WJP) Report<\/a> 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.<\/p>\n

<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>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 […]<\/p>\n","protected":false},"author":31,"featured_media":446958,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,3,56],"tags":[35,162,27,270],"class_list":["post-446955","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-justice","category-politics","category-reportaje","tag-important","tag-justice","tag-moldova","tag-rule-of-law"],"content_social_share":"Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>

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?<\/p>\n

People of Moldova don\u2019t trust the Moldovan justice. An opinion poll<\/a> 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.<\/p>\n

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\u00a0faster than the one who has money.<\/p>\n

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<\/a> by Ziarul de Gard\u0103.<\/p>\n

\u201cWhen 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?\u201d<\/strong> declared<\/a> the expert of the Centre for Legal Resources in Moldova, \u00a0Nadejda Hriptievschi, for RFE\/RL.<\/p>\n

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.<\/p>\n

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<\/a> of the leader of the Dignity and Truth Platform Party (DTPP), Andrei N\u0103stase. The accused didn\u2019t confess and claimed that the file was politically charged.<\/p>\n

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.<\/p>\n

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. \u201cAfter 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\u2019t even know,\u201d<\/strong> declared Petic cited<\/a> by Newsmaker.<\/p>\n

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.<\/p>\n

In the meantime, a new hearing will be held in another file addressing Gheorghe Petic, as Ziarul de Gard\u0103 reported<\/a>. 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.<\/p>\n

\u201cThey have found dubious people who do not even remember how the events happened. They made false statements. It\u2019s 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,\u201d<\/strong> Gheorghe Petic previously declared.<\/p>\n

In February 2019, Ziarul de Gard\u0103 wrote<\/a> about differentiated approaches in the cases of Gheorghe Petic and Ilan \u0218or, 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.<\/p>\n

In the case of Ilan \u0218or, 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 \u015eor was sentenced to seven and a half years in prison, but because the sentence is not final, the politician is still free.<\/p>\n

“During the electoral period, the candidates can\u2019t be dismissed or transferred to another job or position without their consent and can\u2019t be found criminally liable, arrested, detained and can\u2019t be a subject to administrative sanctions without the consent of the electoral body that registered them, with except for flagrant offenses,”<\/em> says the Electoral Code of the Republic of Moldova.<\/p>\n

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.<\/p>\n[aesop_character img=”http:\/\/www.moldova.org\/en\/wp-content\/uploads\/sites\/2\/2019\/03\/alaiba2.jpg” name=”Dumitru Alaiba” align=”left” width=”60%” force_circle=”off”]\n

\u201cThe 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\u2019s the name of Vlad Plahotniuc that could be so fiercely protected. The government has only one method to prove the opposite \u2013 to publish the Kroll 2 report,\u201d<\/strong> Dumitru Alaiba, the member of the political bloc ACUM, wrote in a Facebook post.<\/p>\n

According to the World Justice Project (WJP) Report<\/a> 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.<\/p>\n

<\/a><\/p>\n

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