EUROPEAN PARLIAMENT AD HOC DELEGATION TO THE REPUBLIC OF MOLDOVA 26-29 April 2009 Report by Mrs. Marianne MIKKO, Chair 1. Procedural 2. Findings 2.1 Post-electoral events 2.2 Elections 2.3 Political situation thereafter 2.4 Civil society 2.5 Media 2.6 Judiciary 3. Conclusions 3.1 Human Rights 3.2 Freedom of speech 3.3 ENP 3.4 Investigation commission 3.5 Recommendation 29 April 2009 SP/CS/ES NT/785737EN.doc 1 412.717 1. Procedural The Conference of Presidents decided on 16 April 2009 to send an ad hoc delegation to Moldova, composed of one member per political group. It would report back to the Conference on 30 April 2009 on the political situation in Moldova following the post electoral events in Chisinau. This delegation, consisting of Mr. Marian Jean MARINESCU EPP, Mrs. Marianne MIKKO PES, Mrs Karin RESETARITS ALDE, and Mrs. Marie Anne ISLER BEGUIN Greens/EFA, was constituted on 16 April 2009 and elected Mrs. MIKKO as chair. The delegation held meetings in Chisinau, Moldova on 26 - 29 April 2009 and had briefings with the EU Special Representative Mr. Kalman MIZSEI, the Head of the European Commission Delegation Mr. Cesare De MONTIS, the Czech Ambassador H.E. Petr. KYPR for the Presidency-in-office and the ambassadors of France and Austria. They met a large number of representatives of Moldovan Human Rights and Civil Society Non Governmental Organisations, representatives of the state and independent media and with the Presidents of the three parliamentary opposition parties. They also met representatives of the Government (although the latter showed some reluctance): the Minister of Justice, the Deputy Minister of Home Affairs, and different governmental agents, as well as with the General Police Inspector of Chisinau, the Central Electoral Commission, the Lord Mayor of the City of Chisinau, the Human Rights Ombudsman and the General Prosecutor. The delegation visited a Police Commissariat, held meetings with prisoners in Penitentiary Nr. 13 and met on different occasions more than 80 victims of the arrests and detentions of 7 April and the subsequent waves of arrests. These individuals had suffered during police arrests and afterwards during detention in different police commissariats from ill treatment that could be equated with torture, and had been subject to unlawful legal proceedings. 2. Findings For its findings the delegation concentrated on the post electoral events and current political situation in Moldova. 2.1 Post electoral events Throughout its exchanges with both government and opposition and civil society representatives the delegation could establish: - on 7 April demonstrations started peacefully and then led to violence - the various police forces (ordinary police, Ministry of Interior forces, etc.) had been aware of the events beforehand, however their strategy was not well explained - the arrests and detentions during the night of 7-8 April and thereafter amounted to an accepted minimum of 310 persons - a certain number of those arrested after 7 April are still held in prison - it was confirmed that 76 cases of these detentions are under investigation by the Prosecutor General and that criminal files, including allegations of torture by police agents, are expected to be opened - detainees suffered when arrested at the police stations to a large extent systematic ill treatment to an extent that could be considered as torture and confessions were extorted from them NT/785737EN.doc 2 412.717 - the Government responded in a violent and disproportionate manner to the public protests. The beatings and unwarranted arrests of civilians by unidentified police forces seemed not to be directed at pacifying the situation but to lead to deliberate acts of repression - there was a high level of non respect for Human Rights, the rule of law and the relevant European conventions to which Moldova is a signatory. 2.2. Elections Although not an objective of this mission, the delegation could not help being confronted with complaints presented by opposition parties and Coalition 2009 of massive irregularities in the elections of 5 April, in the preparing of voters' lists and supplementary lists, counting and tabulating. It was not established whether these shortcomings, having been known prior to the official validation of the election results on 21 April, were systematic and would have had a quantitatively important impact on the overall results. The contestation of the election results by the opposition parties to the Constitutional Court was rejected on procedural grounds. 2.3 Political situation thereafter The political situation, as a result of the above events, was that of high internal tension and instability, due to - the governmental party's clear willingness to base itself on the election results, and to make use of police force to maintain the rule of law and public order - an opposition split in three parties elected to Parliament, other parties not having reached the minimum threshold. 2.4 Civil Society Civil society organisations, in the follow up to the events of 7 April, were called upon by letter from the Ministries of Home Affairs and Finance to declare their role in the post electoral crisis and to give evidence of their financing. This took place within a holiday weekend and the deadline was therefore particularly difficult to meet. 2.5 Media Public TV which almost monopolises public access to TV information described its role as being that State TV. Independent media including internet and print media reported that they were receiving directions from Government agencies. 2.6 Judiciary The unwarranted arrests and speedy Court procedures which took place in the police stations were clearly outside their legal frame. The appeal procedures suffer from deficiencies and show that the judicial system is dependent on the Government. The presidential amnesty that was announced is in fact without legal basis. NT/785737EN.doc 3 412.717 3. Conclusions 3.1. Human Rights The delegation concluded that the Human Rights, rule of law and the respective European conventions were severely violated in the post electoral period. 3.2. Freedom of speech Both the conduct of the electoral process and the subsequent actions taken by Government indicate major deficiencies in Moldova's judicial and democratic system, and show a propensity to stifle free speech and independent media. 3.3 ENP The political situation in Moldova is characterised by a high level of instability, which is an indication of the need for a stronger EU engagement in the country through the ENP and the Eastern partnership process, that is about to be launched. 3.4 Investigation commission The setting up of an independent investigation commission that would, with the presence of members appointed by the opposition and international experts, fully investigate the events, is a key element in starting a genuine reconciliation process in Moldova. 3.5 Recommendation The delegation recommends that the above findings should be taken into account in a resolution of the European Parliament that is foreseen for the May part session. NT/785737EN.doc 4 412.717 EUROPEAN PARLIAMENT AD HOC DELEGATION TO THE REPUBLIC OF MOLDOVA 26-29 April 2009 List of participants Members Ms Marianne MIKKO, Chair PSE, Estonia Mr Marian-Jean MARINESCU EPP-ED, Romania Ms Karin RESETARITS ALDE, Austria Ms Marie Anne ISLER BÉGUIN Verts/ALE, France Secretariat Ms Aneta POPESCU-BLACK Administrator responsible Mr Stefan PFITZNER Administrator, Deputy Head of Unit Ms Claudia SIEGISMUND Assistant Political Group Staff Mr Marian APOSTOL Political Advisor, EPP-ED Mr Robert VAN DE WATER Political Advisor, PSE Mr Rune GLASBERG Political Advisor, ALDE Mr Paolo BERGAMASCHI Political Advisor, Verts/ALE NT/785737EN.doc 5 412.717/Ann. AD HOC DELEGATION TO MOLDOVA CHISINAU 26 - 29 April 2009 PROGRAMME Coordination: Ms Aneta POPESCU-BLACK Tel: (32 2) 284 22 91 e-mail: [email protected] Ms Claudia SIEGISMUND Tel. (32-2) 284 22 93 e-mail: [email protected] Fax: (32 2) 284 68 30 Mobile (during the mission): +32 498 983 465 Sunday, 26 April 2009 p.m. Arrival of Members and staff of the EP Delegation and transfer to hotel Leogrand Hotel 77, Mitropolit Varlaam Street MD-2012 Chisinau, Moldova tel. (373) 22 201 201 - fa x (373) 22 201 222 18.00 Meeting with EU Special Representative, Mr Kalman MISZEI 19.00 Meeting of the EP ad hoc Delegation with Defence Lawyers of the victims, Mr Victor PANTIRU Venue: Leogrand Hotel NT/785737EN.doc 6 412.717/Ann. Monday, 27 April 2009 ALL MEETINGS TOOK PLACE IN LEOGRAND HOTEL 09.00 Breakfast briefing with H.E. Mr Petr KYPR, Czech Ambassador, H.E. Mr Pierre ANDRIEU, French Ambassador, H.E. Mr Cesare DE MONTIS, Head of the European Commission in Moldova, Mr Michael SCHEIDER, Austrian Chargé d'Affaires, and Mr Peter MICHALKO, Advisor to the EU Special Representative K. MISZEI 10.30-13.30 Meetings with representatives of the Moldovan Human Rights NGOs: Amnesty International Moldova: Evghenii GOLOSCEAPOV, Executive Director, Aisha JUNG, Victor MEDVEDEV Soros Foundation Moldova: Victor MUNTEANU, Nadejda HRIPTIEVSCHI Institutul de politice publice: Arcadie BARBAROSIE Teatrul Republic of Moldova: Gheorghe DOMINICA Ethics Committee Moldovan Bar Association: Mr Veaceslav TURCAN Foreign Policy Agency: Mr Andrej POPOV Victims of ill treatment: Students Alexandru MALCOCEAN, Gheorghe MOISEI, Alexandr LARIONOV and his mother, Eugen TANASIEV Lunch break 15.00-17.00 Meetings with media representatives: OMEGA News Agency : Alexandr Petkov, Lia Nichiforova