Vitalie Beşleaga and Serghei Bevziuc, co-founders of “Varnița Unicum” are free

Vitalie Beşleaga and Serghei Bevziuc, co-founders of „Varniţa Unicum” enterprise, illegally detained for more than a year in the transnistrian region, have been released and are currently in Chișinău.

On 24 November 2014, in the interest of its beneficiaries Beșleaga Vitalii and Bevziuc Serghei, Promo-LEX Association sent an urgent request to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment, asking the guaranteeing of fundamental rights and freedoms according to the national legislation and international human rights standards.

During the same period, a complaint was filed with the General Prosecutor’s Office of Republic of Moldova that called for initiating the prosecution against those responsible for the businessmen’s abduction on 4 November this year.

The details of the case are as follows: on 15 November 2013, Beșleaga Vitalii and Bevziuc Serghei were abducted by employees of the so-called “committee of inquiry of MRT”, with the use of physical violence. They were “accused” of offering a sum of money to decision makers from the secessionist administration so they would allow enterprises located on the territory of the transnistrian region to resume their activity. Subsequently, both victims were placed, for 10 days, in prison nr.3 from Tiraspol, in inhumane conditions. Next, they were placed in various „detention facilities” from the transnistrian region where they were „detained” in inhumane conditions and without the medical care required according to the medical prescriptions. Details here.

Moreover, on 4 November 2014, the so-called Supreme Court from Tiraspol ordered the businessmen’s release. However, immediately after their release from the prison from Hlinaia village, without any explanation, unknown armed persons in hoods, came to the prison in cars without license plates, abducted Vitalii Beșleaga and Serghei Bevziuc and took them to an unknown destination. Details here.

For more details, contact us: Alexandru Postica, Promo-LEX Association Program Director, Lawyer. tel: (22) 450024, GSM: 069104851, e-mail: [email protected]

Fourth Report of the Promo-LEX Election Monitoring Effort: Suspicions of Non-Transparent Campaign Funding Remain

_article_1417172350 The Promo-LEX Association presented today its Fourth Monitoring Report for the Parliamentary Elections on 30 November. “The civil society was right to insist on the need to change the rules of campaign funding. Concealing candidates’ revenues and expenses is the most serious deficiency of the current campaign for the Parliamentary Elections on 230 November 2014,” said Pavel Postica, the team leader of the Promo-LEX Election Monitoring Effort.

During the period covered by the report, the monitoring found that 1,177 citizens contributed a total of 57,674,934 Moldovan lei to electoral funds, which amounts to 53.34% of the funding ceiling established by the CEC.

Twenty one candidates reported their election revenues and expenses to the CEC;
Eight candidates received warnings from the CEC for procedural violations of submitting financial reports;
96.62% of electoral expenses went into advertising;
Only three out of 26 candidates reported expenses for staff salaries, maintenance of permanent offices, and communication services;
None of the candidates reported expenses for remuneration, per diem and travel allowances, and consultancy;
For the first time in the history of the Republic of Moldova, the Chisinau Court of Appeals admitted and upheld a CEC decision to cancel the registration of an electoral candidate, namely Political Party “Patria” [Homeland], on grounds of campaign funding in violation of electoral legislation provisions.

During the monitoring period, the CEC analyzed and presented its conclusions on 14 contestations submitted by candidates in the poll, and two applications submitted by the police. The contestations referred to violations on the rules of using administrative resources, failure to relief from public office, unauthorized posting of campaign materials, use of election materials without proper markings.

In this context, Promo-LEX observers have found at least 23 instances that were assessed as use of administrative resources: 2 cases of use of public premises in favor of a candidate, 16 cases when service transportation was used for campaign purposes, and 5 cases of use of public office.

As the campaign approaches its end, observers note the involvement of church in the campaign. One candidate used religious icons as campaigning materials; another candidate used the image of Orthodox Church in their party leaflets. In the village Stația Rediul-Mare, the local priest was found collecting signatures in favor of a candidate.

“The findings of the Monitoring Effort regarding the dynamic campaigning conducted by the candidates, the efforts of the central and local governments to ensure people’s access to vote, especially for voters abroad and those with impaired vision, the high interest of national and international observers for the poll, etc. – all these positive aspects are unfortunately overshadowed by the many negative situations documented by Promo-LEX observers,” said Corneliu Cirimpei, senior analyst of the Promo-LEX Election Monitoring Effort.

The electronic version of the Report here.

The Election Monitoring Effort is part of the activities conducted by the civil society under the aegis of the Coalition for Free and Fair Elections.

The Monitoring Effort for the Parliamentary Election on 30 November 2014 has received technical assistance from the National Democratic Institute for International Affairs (NDI) and is funded by the United States Agency for International Development (USAID), the National Endowment for Democracy (NED), the Council of Europe, and the Stefan Batory Foundation from the funds provided by the Solidarity Fund as part of the “Support for Democracy” Programme of the Polish Ministry of Foreign Affairs.

For additional information, please contact: Galina Sanduta, Press Officer of the Promo-LEX Election Monitoring Effort, GSM: 069 95 82 89, E-mail: [email protected].

Disputed Entities in Eastern Europe: Human Rights Sacrificed

Chisinau, 19 November 2014 – Today, FIDH member organisation Promo-LEX presented the FIDH (International Federation for Human Rights) Report: “Assessing Human Rights protection in Eastern European Conflict and disputed entities” on the occasion of a discussion panel held in Chisinau on “Human rights in conflict zones. Case of Moldova”.

The status of disputed entities in Eastern Europe is the source of serious human rights violations, and the victims have no access to justice, denounces FIDH in its report. There are five such territories, since the illegal annexation of Crimea by Russia. In order to remedy the legal vacuum, and in view of the danger of the situation spreading, FIDH calls on the international community to settle these conflicts without delay, taking the protection of human rights as the basis for such settlements.

“It is intolerable that 3.3 million people who live in disputed entities in Eastern Europe should find themselves without access to justice for the numerous human rights violations they are subjected to”, declared Karim Lahidji, FIDH President. “The de facto authorities, the States supporting them, but also the de jure authorities and the international community must take action to protect them”, he added.

Crimea has joined Transnistria, South Ossetia, Abkhazia and Nagorno-Karabakh on the list of disputed entities in Eastern Europe. Crimea was illegally annexed by Russia, but the other four are self-proclaimed republics that are not recognised by the international community.

With its partners in the region, including Promo-LEX, FIDH has looked into these situations, and denounces in its report the serious human rights violations the inhabitants are subjected to, and which spring directly from their disputed status. FIDH lists the multiple violations, perpetrated under the control of the entities, of the right to freedom of movement, the right of citizenship, the right to an adequate standard of living, the right to property, and the right to health and education. There are also restrictions on the freedom of expression and association. The report also mentions numerous cases of arbitrary detention and acts of torture and ill-treatment by the police, and draws attention to the deplorable conditions in the places of detention.

Furthermore, FIDH stigmatises the fact that the victims have no recourse against such violations. The judicial system in the entities concerned is deficient, dependant or corrupt, and the international human rights mechanisms are unavailable. As the entities are not recognised by the whole of the international community, they cannot ratify the international human rights conventions.

”Regardless of whether they are legitimate or not, whether they are recognized or not, the persons and administrations that control a territory where people live must ensure compliance with basic human rights and freedoms on that territory. Obviously, in these circumstances, the said administrations ARE RESPONSIBLE for the human rights situation in the region they control”, said Ion Manole, Executive Director of the Promo-LEX Association. “We welcome the growing interest of FIDH for the situation of human rights in conflict areas, and hope very much that their authority and experience will determine a change of approach towards these grey areas among international institutions and organizations established to monitor, promote and protect human rights”, added Ion Manole.

International organisations such as the Organisation for Security and Cooperation in Europe, the Council of Europe and the European Union have turned away from these situations, considering that as the conflicts and their settlement processes were “frozen”, there was no urgency. In so doing they have relaxed their pressure in favour of human rights in such territories, and open the way for other territorial disputes.

“If the international community fails to take action on these situations, human rights violations will continue, conflicts can break out and there is a real risk of other territorial disputes like Crimea or South Ossetia erupting in Eastern Europe, but also in Central Asia”, declared Tolekan Ismailova, FIDH Vice President.

The international organisations must contribute actively to the conflict settlement process, starting with the protection of human rights and support to civil society and human rights defenders, through suitable political action, in collaboration with the de jure and de facto authorities. By putting the emphasis on the protection of human rights as the cornerstone of the settlement of conflicts, the international community can defuse these time bombs: the disputed entities.

The Report here.

The event was organized by Promo-LEX Association in partnership with FIDH and Civil Rights Defenders, with the financial support from the Kingdom of the Netherlands through the MATRA-KAP Program and National Endowment for Democracy (NED).

For more details, please contact:
Ion Manole, Promo-LEX Executive Director, Tel: (22) 450-024, GSM: 069-070-800, email: [email protected].
Carolina Bondarciuc, Promo-LEX Press Officer: GSM 069-637-849, Tel/Fax (+373 22) 450-024, email: [email protected].

The state will pay another 7,500 Euros from the budget for poor detention conditions

Recently, the European Court for Human Rights acknowledged the amicable agreement, by which the Government of the Republic of Moldova obliges to pay 7,500 Euros for the poor detention conditions in Penitentiary No. 13.

Lilia Conev complained before the High Court in Strasbourg on the detention conditions and failure to provide adequate medical assistance, under Article 3 of the European Convention of Human Rights.

“Mrs. Conev is currently detained at the Penitentiary No. 7 in Rusca. Due to her heart disease, she was assigned 1^st degree disability status. Her health condition deteriorated during her detention. What is most important is that the penitentiary system continues to fail to provide sufficient and qualified medical care”, mentioned defense attorney, Vadim Vieru.

A similar case is the case Grecu v. Republic of Moldova, in which the applicant received 10,000 Euros in compensation for similar violations. See details here.

Recall that the International Federation of Human Rights, with the support of the Promo-LEX Association, launched a Report: “Torture and Ill Treatments in the Republic of Moldova, including Its Transnistrian Region: Assumed Problems and Eluded Responsibilities”, which examines detention conditions in penitentiary institutions on both banks of the Nistru River. See details here.

The text of the decision is available here.

Attorneys from the Promo-LEX Association represented the applicant before the European Court for Human Rights.

For details, please contact: Alexandru Postica, Promo-LEX Association Program Director, Attorney at Law, tel: (022) 450-024, GSM: 069-104-851, email: [email protected].

Third Election Monitoring Report: Candidates Fail to Declare Their Real Campaign Expenses

_article_1415270963 On 6 November, Promo-LEX launched its Third Report of the Election Monitoring Effort for the Parliamentary Elections on 30 November 2014. The document contains electoral findings collected and submitted by observes between 16 October and 5 November 2014, and aspects related to election finances. The analysis of campaign funding was conducted based on the financial reports of political parties, submitted to the CEC starting on 10 October, and compared with the field findings of election observers.

Central and local public authorities made considerable efforts to reduce the number of voters who donșt have identity bulletins. In the monitoring period, the CEC had a very intense schedule, and registered five additional candidates and rejected the application for registration of an independent candidate. The CEC also analyzed and decided on 14 contestations submitted by candidates, and accredited 1482 national and international election observers, of which 1321 observers are part of the Promo-LEX Monitoring Effort.

“Promo-LEX observers welcome the initiative shown by election candidates, that have had active campaign, with diverse campaigning activities. Thus, candidates used traditional campaigning tools such as meetings with voters, electoral concerts, and dissemination of campaign materials, street advertisement, and campaigning in the media. At the same time, we witnessed national and local campaign launches, sports activities, installation of tents with campaigning materials,” reads the report.

At the same time, Promo-LEX observers noted with concern the following trends with regard to campaign funding:

743 citizens contributed to campaign funds, to a total amount of 29,195,000 lei;
None of the candidates published weekly report of their election revenues in national publications;
Only one candidate (PCRM) transferred to the election account funds from the party account;
Three of 15 candidates (PL, PFP, PDA) submitted campaign funding reports with zero revenues and expenses;
85.2% of expenses went to campaign advertisement and posters, and approximately 13% were spent on transportation;
Only three of 15 candidates (PP ”Patria”, PSRM and MPA) included transportation expenses in their financial reports;
None of the candidates reported their real expenditures for renting premises, payment of hired labor, compensations and utilities for their campaign offices, although Promo-LEX observers in the field found at least 226 offices.
None of the candidates reached the funding ceiling of 55 million lei established by the CEC. A single candidate reached 18.47% of the set funding ceiling.

Also, the Promo-LEX Monitoring Effort registered the following deficiencies in the electoral process:

Certain deficiencies in the functioning and validity of data in the State Voter Register and the level of professionalism of those in the field in charge of managing the Register;
Violation of legal provisions on the Broadcasting Coordination Council reporting to the CEC, and insufficient regulation on behalf of the BCC of the use of free air time with the national and public broadcasters;
Failure to observe regulations about campaign posters, and failure of at least 419 APL to manage the situation regarding electoral posters, namely to establish and set up outdoor sites for campaign posters;
Granting access to premises for electoral meetings in absence of respective decisions/authorizations by local public authorities;
Negative or derogatory campaigning activities;
Electoral gifts and use of administrative resources;
At least eight election-related incidents.

The electronic version of the Report here.

As regards the media coverage of the election campaign, the Promo-LEX Monitoring Effort notes that only four candidates make up the main subjects of election-related publications in the local and regional media outlets.

For additional information please contact: Galina Sanduța, Press Officer, Promo-LEX Election Monitoring Effort, GSM: 069 95 82 89, Email: [email protected]

Released – and kidnapped again

Yesterday, on 4 November 2014, the so-called supreme court of justice in Tiraspol ruled to release Vitalii Beșleaga and Serghei Bevziuc from detention. On the same day, their lawyer visited the penitentiary in v. Hlinaia to inform them about the decision and demand their release.

Immediately after they were released from the prison in Hlinaia, and without any explanations, several unidentified armed individuals in balaclavas, who arrived at the penitentiary in vehicles without registration plates, abducted Vitalii Beșleaga and Serghei Bevziuc and left in an unspecified direction.

Relatives of the two businessmen learned today, on 5 November 2014, that they are being held in the preventive detention isolator in Tiraspol, and are charged on three accounts.

Their lawyer expects that, in the next 72 hours, they will be brought before a so-called local judge, who will decide on their eventual arrest.

Recall that the European Court for Human Rights had communicated the case of the two businessmen to the respondent governments. See details here.

For more information about the case of Vitalii Beșleaga and Serghei Bevziuc, co-founders of Varnița Unicum, please click here.

For more details, contact: Alexandru Postica, Program Director with Promo-LEX, Attorney at Law. tel: (22) 450-024, GSM: 069-104-851, email: [email protected].

The case of the young man unlawfully detained in prisons from the eastern region without medical care, in the attention of ECHR

Recently, the European Court of Human Rights communicated to the defendant governments the case Beloziorov vs. Moldova and Russia (Application nr.3368/12).

In 2011, Pavel Beloziorov, resident of Dubăsari town, was arrested by the Transnistrian militia. The young man was accused of violence against militia officers and the Dubăsari city court issued an indefinite arrest warrant.

At the places of detention, Mr. Beloziorov requested medical care multiple times due to worsening of the symptoms of maxillary cancer illness and incurable suffering. The young man could not consume food, due to which he lost a lot of weight. The administration of the prison, however, moved him in a separate cell, because he was „making a lot of noise”. After a few days, Pavel was examined by a commission of doctors from the prison, which diagnosed him with cancer. In a private discussion, a doctor advised the plaintiff’s mother to urgently hospitalize her son in the Oncology Institute from Chișinău, the only institution which can provide him the necessary treatment. He also mentioned that without the necessary treatment, the plaintiff’s life might be put at risk.

After 3 months of detention, the city court from Dubăsari sentenced him to 5 years of conditional imprisonment, freeing him from custody. The applicant considers he has been freed from custody because the local administration wanted to avoid any accusations, in case of a potential death.

In the complaint submitted to the European Court of Human Rights, the applicant complained about the violation of Art. 3, 5, 8 and 13 of the Convention. The defendant governments are to submit observations to the request until the 3rd of February 2015.

Pavel Beloziorov is represented in front of the High Court by the lawyers of Promo-LEX Association.

Information regarding this case can be accessed on the website of the European Court of Human Rights.

For more details, contact: Alexandru Postica, Promo-LEX Association Program Director, Lawyer. tel: (22) 450024, GSM: 069104851, e-mail: [email protected]

Young People Say NO To Domestic Violence

_article_1415267391 Over 800 young people participates at evening discussions hosted by Promo-LEX and the General Police Inspectorate of the Ministry of Internal Affairs about domestic violence.

According to Promo-LEX lawyer Lilia Potîng, „At these event, using a language accessible to young people, we try to explain the difference between conflict and family violence, define the subjects of domestic violence by law, and explain the measures to protect victims and where they can go to seek help. We also talk about how the perpetrators can be held accountable and what punishments they face for domestic violence. Last but not least, we promote anti-violence messages, stressing that it should not be tolerated and it is the duty of each of us to report such cases.”

The aim of the events is to inform young people about the mechanisms to protect victims of family violence, namely the order of protection, but also to prevent and combating domestic violence by raising public awareness about it.

Three evenings were held at Vocational School in Hânceşti (23 October), Pedagogical College “Vasile Lupu” in Orhei (29 October), and the House of Culture in Calarasi (30 October), which was attended by students from six schools in the city and suburb: Vocational School in Calarasi, High School “Vasile Alecsandri”, High School “Mihail Sadoveanu”, Gymnasium “Ion Creangă”, the gymnasium in v. Tuzora, and High School “Mihai Eminescu” in v. Sipoteni.

The next evening events will be held on 4 November at Vocational School in Floreşti, and on 11 November at the Vocational School in v. Răzeni, Ialoveni district.

Between 15 October and 25 November of this year, Promo-LEX, in partnership with the Office of the Ombudsman, will conduct the campaign against violence in the family: “Violence-Free Family – Violence-Free Society!”

Note that Promo-LEX organized several information campaigns on mechanisms of protecting victims of domestic violence in partnership with the General Police Inspectorate:“The Order”, „16 Days of Actions Against Violence Against Women”, “The Order Can Protect You Against Domestic Violence”.

For more details, please contact:
Carolina Bondarciuc, Promo-LEX Press Officer: GSM 069637849, Tel/Fax (+373 22) 450-024, e-mail [email protected]

The Promo-LEX Association Granted Special Consultative Status with the United Nations

The Economic and Social Council of the United Nations (ECOSOC) granted Promo-LEX the title of “organization with special consultative status with the UN.”

Organizations that hold special consultative status may engage directly with the Economic and Social Council (ECOSOC) and its subsidiary bodies, and the UN Secretariat. Promo-LEX will therefore be able to work at an international scale, and make known its position and views in priority areas by taking human rights protection in Moldova, including the Transnistrian region, to a new level.

“Thousands of NGOs from all over the world apply to receive this status annually, and granting it to an organization signals that its professionalism and role of its work at the national level are recognized. Promo-LEX will continue to promote and protect human rights, including using this new international instrument,” said Ion Manole, Executive Director of Promo-LEX.

Promo-LEX was established in 2002, and has since become one of the most active and well-known human rights organizations in the country. In its programs, Promo-LEX actively promotes implementation in Moldova of international human rights standards through advocacy activities, and by providing legal protection of citizens’ rights, including those from the Transnistrian region. The organization has also been contributing to improving the quality of democratic processes in the country, and increasing public confidence in these processes. The organization was worked to build the capacity Transnistrian NGOs in promoting and defending human rights and democratic values.

During these 12 years, over 100 strategic cases reached the bench of the ECtHR, and in 21 of them, successful decisions were obtained. We have provided free consultancy, assistance and trainings to approximately 13,000 people. Since 2009, we have been monitoring all electoral processes in the country, undertaking the largest monitoring effort in Moldova, in 2010, with over 2,500 observers nationwide – this exercise will be repeated during the campaign for parliamentary elections in 2014. Of over 100 recommendations put forth in Promo-LEX reports, more than half were accepted by the authorities and helped improve electoral processes in the country. In addition to this, over 60 NGOs and initiative groups from Transnistria received personalized assistance, more than 500 members of these organizations were trained, and 22 organizations won grants awarded by Promo-LEX.