MOTION FOR A RESOLUTION
30.4.2009
pursuant to Rule 103(2) of the Rules of Procedure
by Marian-Jean Marinescu and Charles Tannock
on behalf of the PPE-DE Group
on the situation in the Republic of Moldova following the parliamentary elections of 5 April 2009
See also joint motion for a resolution RC-B6-0262/2009
B6‑0267/2009
European Parliament resolution on the situation in the Republic of Moldova following the parliamentary elections of 5 April 2009
The European Parliament,
– having regard to its previous resolutions on the Republic of Moldova, in particular that of 24 February 2005, as well as those on the European Neighbourhood Policy and Black Sea Regional Cooperation,
– having regard to the report of the European Parliament ad hoc mission to the Republic of Moldova that took place on 26-29 April 2009,
– having regard to the Final Statement and Recommendations of the EU-Republic of Moldova Parliamentary Cooperation Committee meeting of 22-23 October 2008,
– having regard to the Commission Strategy Paper of 2004, including the Republic of Moldova country report,
– having regard to the Partnership and Cooperation Agreement signed on 28 November 1994 between the Republic of Moldova and the EU, which entered into force on 1 July 1998,
– having regard to the aid provided by the European Union to the Republic of Moldova in the framework of ENPI, including for the project 'Electoral Support to the Republic of Moldova', which provided financial assistance in support of free and fair elections in the Republic of Moldova,
– having regard to the EU-Republic of Moldova ENP Action Plan adopted at the seventh EU-Moldova Cooperation Council meeting on 22 February 2005, as well as to the annual progress reports on the Republic of Moldova,
– having regard to the EU-Republic of Moldova Visa Facilitation Agreement signed in 2007,
– having regard to the joint statement by the French, Czech and Swedish Ministers of Foreign Affairs on the situation in the Republic of Moldova of 9 April 2009,
– having regard to the EU Presidency statements on the situation in the Republic of Moldova of 7 and 8 April 2009,
– having regard to the Conclusions of the General Affairs and External Relations Council of 27-28 April 2009, as well as to the exchange of views on this issue with the EU Presidency held within the Foreign Affairs Committee of the European Parliament on 28 April 2009,
– having regard to the statements by Javier Solana, EU High Representative for the CFSP, of 7 and 11 April 2009 on the situation in the Republic of Moldova,
– having regard to the statements by Benita Ferrero-Waldner, Commissioner for External Relations, of 6, 7 and 11 April 2009 on the situation in the Republic of Moldova,
– having regard to the statement of the UN Country Team in the Republic of Moldova of 12 April 2009,
– having regard to Resolution No 1280 of the Council of Europe of 24 April 2002,
– having regard to Rule 103(2) of its Rules of Procedure,
A. whereas the European Neighbourhood Policy recognises the European aspirations of the Republic of Moldova and the importance of the deep historical, cultural and economic links of that country with the EU Member States,
B. whereas the EU-Republic of Moldova Action Plan aims at encouraging political and institutional reforms in the Republic of Moldova, including in the fields of democracy and human rights, the rule of law, independence of the judiciary and freedom of the media, as well as good-neighbourly relations,
C. whereas the Republic of Moldova is a member of the Council of Europe and of the OSCE and has thus committed itself to genuine promotion of democracy and respect for human rights, including in the field of preventing and fighting torture, ill-treatment and other inhuman and degrading treatment,
D. whereas parliamentary elections took place in the Republic of Moldova on 5 April 2009,
E. whereas serious concern was expressed during the pre-electoral period about government control of the public media, intimidation and harassment of opposition leaders and private media and abuse of administrative resources for the benefit of the government party,
F. whereas between 500 000 and 1 million Moldovans live abroad and whereas several appeals signed by a large number of NGOs and associations of the Moldovan diaspora including one in February 2009 addressed to the President of Moldova, the President of Parliament and the Prime Minister of Moldova concerning deprival of Moldovans living abroad of the right to vote, were sent to the Moldovan authorities prior to the elections of 5 April and were ignored; having regard to the very limited number of Moldovan voters outside the Republic of Moldova,
G. whereas the opposition parties and Coalition 2009 complained about massive irregularities during the election of 5 April in the preparation of lists of voters and supplementary lists and in counting and tabulation,
H. whereas the events that followed the elections were characterised by violence and the Moldovan Government’s massive campaign of intimidation and violence, thus casting doubt on the commitment of the Moldovan authorities to democratic values and human rights and on the existence of public confidence in these authorities,
I. whereas peaceful protests were fuelled by doubts regarding the fairness of the elections and distrust of public institutions, including those that administered the electoral process, and whereas regrettable acts of violence and vandalism were exploited by the authorities to intimidate civil society by responding in a violent and disproportionate manner and to further restrict the already fragile fundamental rights and liberties of Moldovan citizens,
J. whereas it is accepted that at least 310 people were arrested and detained, whereas a certain number of those arrested are still being held in prison and whereas, when arrested, detainees suffered systematic ill-treatment at the police station to an extent that can be regarded as torture,
K. whereas beatings and unwarranted arrests of civilians by unidentified police units seemed not to be directed towards pacifying the situation but rather to lead to deliberate acts of repression,
L. whereas grave human rights abuses committed by the Moldovan authorities, unjustified harassment of civil society and protesters and disrespect for the rule of law and relevant European conventions to which Moldova is a signatory still continue in that country,
M. whereas a genuine and balanced partnership, including its consolidation through the conclusion of a new enhanced agreement, can only be developed on the basis of common values with regard, in particular, to democracy, the rule of law and respect for all human rights,
1. Underlines the importance of maintaining strong relations with the Republic of Moldova and supporting the country's attempts to achieve a closer relationship with the European Union;
2. Reaffirms its commitment to continuing a meaningful and goal-oriented dialogue with the Republic of Moldova, but attaches great importance to the introduction of strong provisions regarding the rule of law and respect for human rights, while stressing that further consolidation of relations, including through the conclusion of a new enhanced agreement, should be subject to the real and manifest commitment of the Moldovan authorities to democracy and human rights;
3. Considers that Moldova's full involvement in and commitment to the Eastern Partnership Instrument is essential;
4. Strongly condemns the massive campaign of harassment, grave violations of human rights and all other illegal actions undertaken by the Moldovan Government in the aftermath of the parliamentary elections;
5. Urges the Moldovan authorities to immediately cease all illegal apprehensions and conduct governmental action in accordance with the country's international commitments and obligations with regard to democracy, the rule of law and human rights;
6. Is particularly concerned about the illegal and arbitrary arrests, disappearances and widespread violations of the human rights of arrested persons reported by Moldovan NGOs, in particular of the right to life, the right not to be subjected to physical abuse, inhuman or degrading treatment, torture and punishment, the right to liberty and security, the right to a fair trial and the rights to freedom of assembly, association and expression, as well as the fact that these abuses are still continuing;
7. Takes note of the launch of a national investigation commission to examine the above-mentioned abuses but deplores the fact that the Commission consists only of government party representatives; therefore demands the inclusion in the commission of representatives of all political parties, civil society, the mass media and the Council of Europe;
8. Calls for the establishment of a reasonable deadline for this commission to report its findings;
9. Underlines however that internal tensions in the Republic of Moldova are very high and therefore strongly believes that there is an urgent need to create an international independent investigation commission with the participation of the EU, the Council of Europe’s Committee for the Prevention of Torture and independent experts aimed at ensuring an impartial and transparent process of investigation;
10. Calls for a halt to all legal proceedings against those accused of taking part in the demonstrations;
11. Calls for a special investigation to be conducted into the cases of those who died during the events following the elections as well as into all allegations of rape and ill-treatment during detention and politically-motivated arrests such as those of Mr Anatol Matasaru and Gabriel Stati;
12. Condemns the campaign of harassment launched by the Moldovan authorities against journalists, civil society representatives and opposition parties, in particular arrests and expulsions of journalists, interruption of access to websites and TV stations, broadcasting of propaganda on public channels and denial to opposition representatives of access to public media; considers that these actions are intended to isolate the Republic of Moldova from the domestic and international media and public scrutiny; regrets and condemns the continuation of this censorship through the letters sent by the Minister of Internal Affairs and the Minister of Justice to NGOs, political parties and the mass media during the said period;
13. Deeply regrets the travel restrictions imposed on Moldovan and foreign nationals and reiterates the importance of freedom of movement within Moldovan territory;
14. Regrets the threatening rhetoric of the Moldovan President and Prime Minister on the prospects of ‘inevitable use of armed forces’ and ‘punishment’, finds it unacceptable and calls therefore upon the Moldovan authorities to refrain in the future from such statements leading to intensified tension; is concerned about the conclusion of the representatives of civil society that ‘preconditions are being created for the establishment of a police and dictatorial regime in the Republic of Moldova’;
15. Expresses its strong position that statements made by the Moldovan authorities accusing foreign governments, i.e. Romania, of being responsible for or involved in inspiring and organising acts of violence and vandalism in Chisinau are regrettable and urges the Moldovan Government to refrain from engaging in hostile acts that may damage the country's international standing;
16. Takes note of the statement by the General Prosecutor of the Republic of Moldova concerning the launch of investigation procedures in 64 cases of complaints of ill-treatment, extremely violent actions and torture by the police forces and hopes that these investigations will be conducted in an impartial and transparent manner;
17. Takes note of the statements by the Ombudsman concerning the reaction protocols sent to the Ministry of Internal Affairs and to the General Prosecutor on the ill-treatment of arrested persons at police stations; calls for these protocols to be made public and for the investigations to be conducted impartially and transparently, as well as for clear responses from the aforementioned institutions;
18. Calls on the Superior Council of Magistrates of the Republic of Moldova to investigate the reasons for which judges were taken to police stations, where they gave summary judgement on arrested persons;
19. Deeply regrets the decision of the Moldovan authorities to expel the Romanian Ambassador, as well as to reject the replacement for him proposed by Romania; insists that the Republic of Moldova should restore good-neighbourly relations with all EU Member States as soon as possible;
20. Notes that claims relating to an EU country that had been involved in the events seem unfounded and were not discussed or repeated during the meetings of the Ad Hoc Delegation in the Republic of Moldova;
21. Requests immediate and substantial proof in support of any allegation by the Moldovan Government concerning the actions of the protesters and involvement of foreign governments;
22. Takes note of the statements by the Moldovan authorities with regard to the opening of a criminal file on the 'attempted usurpation of state power on 7 April' and hopes that the investigation will be conducted in a transparent manner and will elucidate all the allegations made by the Moldovan authorities with regard to the possible participation of one or more third countries in these events;
23. Deplores the decision to impose a visa regime for Romanian nationals, without previous notification as stipulated by the EU-Republic of Moldova Visa Facilitation Agreement, and reaffirms the EU’s commitment to an equal visa regime and rights for all EU nationals, without discrimination;
24. Calls for the immediate abolition of the visa requirement for Romanian citizens and for a return to the provisions of the EU-Moldova agreement on free movement;
25. While condemning all acts of violence and vandalism, considers it unacceptable to present all protests through the prism of criminal acts and an alleged ‘anti-constitutional plot’; believes that peaceful protests were considerably fuelled by doubts regarding the fairness of the elections, distrust of public institutions and dissatisfaction with the social and economic situation in the Republic of Moldova;
26. Believes that constructive dialogue with the opposition parties, civil society and representatives of international organisations is the only way out of the current situation in the Republic of Moldova;
27. Strongly believes that an accurate evaluation of the irregularities in these elections and of how the result was influenced could only be achieved through the continuation of the process of verifying all the voting lists which was stopped by the Court of Appeal;
28. Considers that, in view of the persistent high tensions in the country, the prospects for early parliamentary elections and the possibility of a need for EU assistance with them and scrutiny of their conduct should not be ignored;
29. Reiterates therefore the importance of the independence of the judiciary and of the media, including the cessation of any intimidation against the ProTV Channel and of any threats relating to the extension of its licence, as well as considerable improvements in the Moldovan electoral law as crucial elements of any future electoral process and democratic consolidation in the Republic of Moldova; insists that Moldovans abroad should be offered proper conditions to exercise their right to vote;
30. Calls for the immediate reform of the public TV and radio stations in order to ensure total independence of these institutions;
31. Believes that, in order to preserve its credibility for the people of the Republic of Moldova, the EU should become involved in the management of the current situation in a proactive, profound and comprehensive way;
32. Calls on the Commission to act with a view to relaxing the conditions for granting visas to Moldovan citizens, especially the financial conditions;
33. Calls on the Commission and the Council, taking into account the seriousness of the situation in the country, to reassess the role and redefine the tasks of the EU Special Representative to Moldova;
34. Instructs its President to forward this resolution to the Council, the Commission, the Council of Europe, the OSCE and the Government and Parliament of the Republic of Moldova.