The functioning of democratic institutions in Moldova: implementation of Resolution 1666 (2009)
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 2 October 2009 (35th Sitting) (see Doc.12011, report of the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee), co-rapporteurs: Mrs Durrieu and Mr Vareikis). Text
adopted by the Assembly on 2 October 2009 (35th Sitting).
- Thesaurus
1. The Parliamentary
Assembly, which has been monitoring the democratic development of
Moldova since the monitoring procedure in respect of this country
began in 1996, and which has supported the progressive establishment
of its institutions, regretted the post-electoral events of April
2009.
2. Accordingly, in its
Resolution
1666 (2009) on the functioning of democratic institutions in Moldova,
the Assembly condemned the acts of violence which took place during
and after the post-electoral protests and urged the authorities
to conduct an independent and thorough investigation of all allegations
of violence and to establish an independent and transparent inquiry
into the post-electoral events and the circumstances which led to
them.
3. The Assembly welcomes the release of all persons who were
arrested in connection with the post-electoral events of April 2009.
It is closely following the ongoing investigations. At the same
time, the Assembly calls upon the competent Moldovan authorities
to implement, with all due diligence, the recommendations of the
Council of Europe Commissioner for Human Rights, as well as those
contained in its
Resolution
1666 (2009). In particular, it urges the authorities to take action
to bring police practice in line with Article 3 of the European
Convention on Human Rights and to establish an independent administrative
body competent to deal with complaints against police and law-enforcement
personnel. Moreover, in accordance with a well-established practice,
the Assembly calls upon the Moldovan authorities to authorise the
publication of the report by the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
on the CPT’s visit to Moldova from 27 to 31 July 2009, as soon as
it is received.
4. The Assembly notes that, according to the international election
observation mission, the fresh parliamentary elections, which were
held on 29 July 2009 following the dissolution of the parliament
as a result of its failure to elect a president of the republic,
were administered in an orderly manner and were able to be contested
by political parties representing a plurality of views. Many of
the international commitments were met. However, the campaign was
still negatively affected by subtle intimidation and bias in media
coverage.
5. The Assembly congratulates the Moldovan people for the high
rate of participation in the elections and for having expressed
their political choice in a democratic manner; it also congratulates
the national authorities for having managed to organise smoothly
administered elections within a very brief time frame. However,
it notes that the main flaws in the electoral process detected by
the election observers are identical to those reported in previous
elections and, in particular, the parliamentary elections of 5 April
2009. In this respect, the Assembly reiterates its earlier recommendations
and calls upon the new parliament to apply itself most speedily,
in co-operation with the European Commission for Democracy through
Law (Venice Commission), to improving the Electoral Code and electoral
practice in order to create a sound basis for free and fair elections in
the future.
6. The Assembly notes that the elections of 29 July 2009 have
changed the balance of Moldova’s political forces. It also notes
that the political transition is taking place democratically and
in compliance with the constitution. It welcomes the appointment
of the new government, and expects it to start on the necessary reforms
requested by the Assembly in its previous resolutions in the near
future, in full co-operation with the Council of Europe.
7. However, the Assembly notes that, following the elections
of 29 July 2009, no political force in parliament has the majority
required to elect a president of the republic, for which 61 votes
are required. The Assembly therefore calls upon the new majority
coalition and the opposition to engage in meaningful negotiations
in order to break the deadlock and bring about the election of a
president of the republic. In this context, the Assembly reiterates
that a peaceful and successful alternation in power is the ultimate
test of the maturity of the political system and of the quality
of democracy in a country.
8. The Assembly believes that once the new state institutions
are put in place, they should, with the active assistance of the
Council of Europe, immediately begin working on a far-reaching institutional
and legislative reform, including constitutional amendments where
relevant, in order to establish genuine democratic safeguards against
similar situations of institutional and political deadlock.
9. The Assembly invites the Committee of Ministers and other
Council of Europe institutions to prepare a package of targeted
co-operation programmes to assist the Republic of Moldova in consolidating
its democratic institutions and further promoting the rule of law.
In this endeavour, urgent attention should be given to the electoral
framework and the freedom of the media, as well as to the reform
of the judiciary. The Council of Europe has also to take into account
the need to ensure synergies with other organisations’ assistance activities.
10. The Assembly considers that the implementation of this resolution,
Resolution 1666 (2009) and the Assembly’s earlier resolutions on the honouring
of Moldova’s obligations and commitments, should constitute a priority
for the new state institutions and invites its Committee on the
Honouring of Obligations and Commitments by Member States of the
Council of Europe (Monitoring Committee) to monitor this matter closely
and to report to it on the progress made at one of its forthcoming
part-sessions.
