Political prisoners in the Republic of Moldova

Reply to Written question | Doc. 13737 | 23 March 2015

Author(s):

Committee of Ministers

Origin

Adopted at the 1223rd meeting of the Ministers’ Deputies (18 March 2015). 2015 - Second part-session

Reply to Written question

: Written question no. 673 (Doc. 13692)

1. When the question put by the Honourable Parliamentarian was examined by the Committee of Ministers, the delegation of the Republic of Moldova informed the Committee about the following:

2. Firstly, the criminal procedure initiated by the General Prosecution Office against the persons mentioned in the question was based on the existence of reasonable suspicion that they had committed offences covered by the Criminal Code of the Republic of Moldova. These persons were indicted for a number of such offences, namely the preparation of mass disorders, influence peddling, violation of the right to freedom of assembly, money laundering, smuggling on a large scale, corruption of voters, threats of murder and bodily injury against a person performing civic duties. The investigation was launched upon an authorisation given by judges, in accordance with the Criminal Procedure Code.

3. Secondly, the investigations against Mr Amerberg and Mr Grigorciuc took place before the start of the electoral campaign, when neither person was either an active member with decision-making powers within legally registered political parties, or a candidate to the elections. The alleged offences were duly investigated and documented according to the existing national legislation. All four persons were provided defence counsellors and other procedural guarantees, as set forth by law.

4. Finally, both the courts of first instance and the court of appeal have rejected the allegations that the preventive measures taken against all four persons were biased. The examination of the cases did not reveal any interference within the criminal investigation process and procedural actions taken. The criminal files on all four persons are being finalised and will be sent to the court.

5. The Committee of Ministers recalls that any person under the jurisdiction of a member State who considers that his or her rights protected by the European Convention on Human Rights (ETS No. 5) have been violated, including the right to a fair trial, can lodge an application to the European Court of Human Rights under the conditions set forth in the Convention.