Report “Observance of Human Rights in the Transnistrian Region of the Republic of Moldova 2015 Retrospect”
Chisinau, 2016
Author of the Report: Alexandru Zubco
Promo-LEX Association 11/41, D. Rișcanu str., Chisinau, Moldova tel./fax: + 373 22/ 45 00 24, tel: +373 22 / 44 96 26 e-mail: info@promolex.md www.promolex.md
The views expressed in the report reflects the author's opinion and position. They can not be interpreted in any way as reflecting the opinion and position of the National Endowment for Democracy (NED). The report is part of the project "Strengthening human rights in the Transnistrian region of Moldova", implemented by Promo-LEX, with financial support from the National Endowment for Democracy (NED).
Introduction In the past quarter century, the human rights in the frozen conflict zones or in the territories under the control of de facto administrations where not known, promoted nor defended enough. The people living in such territories do not have, most of the times, the possibility to defend their rights and fundamental freedoms. This happens for at least two reasons. First, because the situation with regards to the observance of human rights is not monitored in these territories, and second – because there are no efficient human rights protection mechanisms in place, and thus – none of those who violate human rights are held accountable, which is hard to imagine in the 21st century. This is true at least for the Transnistrian region of the Republic of Moldova. Since April 2015, Promo-LEX Association is prohibited from entering the Transnistrian region after the Security Committee (hereinafter referred to as KGB) accused the organization of “destabilizing the situation in the region”. Regardless, although having to deal with additional obstacles, Promo-LEX continued to monitor the human rights situation in that area, by drafting the monitoring report. This report represents an objective analysis of the situation of human rights in the Transnistrian region of the Republic of Moldova in 2015. To understand and explain certain phenomena and trends, the authors used information and data from previous periods. The purpose of this report is to highlight the worst human rights violation phenomena in the region, which are also the priority matters that Promo-LEX Association focuses on. This piece of work does not describe the behaviour of the constitutional authorities about the observance of human rights, nor does it look for solutions that would guarantee a minimum set of rights and efficient tools to defend them. Promo-LEX Association, over the last 10 years, drew attention repeatedly over Government’s failure to observe its international commitments concerning the region situated beyond its sphere of control. The result was that the authorities preferred every time to pass the fault over to the difficult political negotiations without coming up with solutions on how to address individual cases or severe human rights and fundamental freedoms violation phenomena. The monitoring methodology includes first of all a general description of the most serious problems identified; study of statistics (official and alternative ones); description of individual cases; analysis of public policies, reports, legislation and behaviour of the local administration; systematization of the information learnt from local mass-media, processing of posts on social networks, periodic meetings with representatives of the civil society in the region. Several visits were also paid to adjacent settlements and to the security area for purposes of monitoring and information gathering and to assist beneficiaries. This document represents an attempt to determine the relevant actors to seek and identify solutions to defend human rights in the Transnistrian region.
The Provision Regarding the Death Penalty The death penalty in the region is still regulated by the local criminal law (Article 43 (h), local criminal code). The death penalty can be pronounced in courts if particularly serious crimes were committed, for: - Murder, including of a person protected by the law (victim, witness and other persons enjoying protection during criminal prosecution) (Article 104 (3), criminal code); - Attempt on the life of a public official with the purpose of stopping their political activity, or as retaliation for their activity (Article 273 criminal code); - Armed rebellion (Article 275 criminal code); - Attempt on the life of a judge, prosecutor, investigator, bailiff or their family members, inclusively those benefiting from protection under criminal investigation (Article 291 criminal code); - Attempt on the life of the law enforcement officer, military personnel or their relatives (Article 314 criminal code); - Use of prohibited means and methods of war (Article 352 criminal code); - Genocide (Article 353 criminal code). According to the execution code, the capital sentence is enforced in a closed prison. The person sentenced to death is isolated and held alone in a cell. The sentence is carried out by shooting and is not public. The body of an executed person is not given for burial and the place of burial is not communicated. The head of the prison where the execution took place shall inform the relatives about the enforcement of the sentence. In 1999 the local administration established a “moratorium” on this kind of punishment. Nevertheless, in 2003 N.F. was sentenced to death. On 2 June 2015, the leader of the region – Evghenii Sevciuc has pardoned N.F. and the death penalty was replaced with life imprisonment. However, we believe, thus, that the risk of capital punishment is not eliminated.. No capital sentences were pronounced during 2015.
Torture not Outlawed Torture is not regarded as a crime. There is, thus, no mechanism to investigate the acts of torture. After certain institutional modifications made in 2014, the prosecutors and the local Ombudsperson can put down victims’ complaints, which are examined by the investigation committee thereafter. The role of these institutions in preventing abuses is limited. Accordingly, the trust in the relevant mechanisms is also little. The persons who complain of acts of abuse or torture are later subject to persecution. Due to lack of elements of offence, the local investigation bodies do not initiate proceedings and the mechanism of appeal against allegations of torture stays inefficient. The victims taken in police custody are obliged to prove the facts they complained about. Promo-LEX has previously referred to the types of torture in the region 1. According to the investigation committee, during 3 years since this institution was established, not one criminal case was initiated with regards to the “making of statements under coercion by means of violence, humiliation or torture”.
It is worth to mention now the distrust of the local justice, as well as that the victims of human rights abuse and violation do not notify local mechanisms in this regard.
Ill-treatment in Detention Facilities The conditions in the detention facilities from the region stay poor and were not improved, notwithstanding the recommendations made by the UN Expert Th. Hammarberg 2. The local administration invoked the lack of financial means 3. In the report that Vassily Kalko – the local Ombudsperson – published in 2015, he said that he received complaints from as many as 92 detainees who complained of too much time spent under arrest, disagreement with the sentence pronounced, lack of health care, poor conditions of detention. He was also concerned with the health condition of the detainees, as he reported the following figures: 59 persons infected with open tuberculosis and 141 having HIV 4. At the same time, the local Ombudsperson draws attention upon the small number of skilled doctors in prisons, and upon the reduced quantity of medicines. According to him, 12 detainees passed away in 2014 (nine because of diseases and three committed suicide). There are no water closets or bed linen in the detention facilities of the local militia. The persons in custody have to sit and sleep on concrete floors or beds made of wood boards, being, thus, subject to degrading treatment. The detainees from prison No 3 of Tiraspol complained of poor working conditions, small salaries and insufficient health care 5. At the same time, in their complaints, the beneficiaries of Promo-LEX Association also mentioned that they had to stay in inhuman conditions (small spaces, cold concrete rooms, lack of ventilation and fresh air, lack of toilets, insufficient light, overcrowding, poor nutrition, rusty water, moisture and mold, lack of medicines, inadequate medical care, etc.). They also said that they were forced by the administration of the prison to renovate the detention rooms with their own financial means, this being rather an unwritten obligation regarded as “humanitarian aid”. Excerpt from the explanation of N.G. (prison No 1). “We often called on the administration to repair the roof. When rain fell, the cell would end up flooded. The administration said they did not have resources, but they allowed our relatives to bring building materials as donation and then we repaired the roof ourselves.” Another issue is the over-crowdedness in the pre-trial detention facilities. According to the head of the Department of the enforcement of sentences from the Transnistrian region, N. Zubreiciuc, this issue could be solved if the courts of law were to apply alternative measures to arrest. He was also worried about the rundown means of transport that are used to transport detainees.
According to him, 80% of the rolling stock is out of use, whereas the transportation of detainees puts their life and safety in danger 6. An advisory group made of representatives of the civil society in the region created, apart from the local Ombudsperson – a monitoring mechanism. In 2015, its members managed to visit the Dubasari Narcology Dispensary, the boarding school in the village of Popenchi and the Psychiatric Hospital in the village of Vihvatinti. However, their access to custodial facilities was denied under the pretext that it was impossible to guarantee the physical safety during their meetings with the prisoners. Analysing the information published by the local Ombudsperson with regards to the progress of the situation of persons deprived of freedom in the prisons from the region, according to the data in the table hereunder, we found that the number of prisoners is increasing, which causes the over-crowdedness and the worsening of the conditions of detention. Table 1. Progress of the situation regarding the number of imprisoned persons Period Situation in 2010 Situation in 2011 Situation in 2012 Situation in 2013 Situation in 2014
Number of prisoners 1984 2071 2164 2137 2252
Forced Enrolment in Military Structures The forced enrolment in the paramilitary structure of the region continues to be practiced. There are no statistical data with regards to this phenomenon. We presume that hundreds of young men – citizens of the Republic of Moldova or other states – were enrolled in the “Transnistrian army” by force 7. Promo-LEX Association believes that the enrolment in the paramilitary structures from the region can be regarded as illegal deprivation of freedom, in the form of detention in the paramilitary units. Serving in the army is mandatory in the region, whereas shirking from enrolment is subject to fining (the counter-value being of about USD 600) or to up to 2 years of imprisonment 8. In March 2015, a special purpose sports-related military formation was established within the Transnistrian army, at the initiative of the leader in the region – E. Sevciuc. Thus, 50 young men, graduates of the “Taras Sevcenko” University from Tiraspol were enrolled in the purportedly elite structure. During 2015, most of the employees of public institutions were obliged to attend military field training/preparation courses, although such activities are mandatory only during wartime. The administration of the region explained that the military trainings were necessary because of the situation in Eastern Ukraine. In June, the leader of the region – Sevciuc, issued two Decrees by which he decided on the enrolment of young men between 18-27 years of age who are registered with the military authorities or that must be registered with the military authorities, but lost the right to postponement or were sanctioned for violating the enrolment rules. The other Decree provided
for the enrolment during 2015 of men under 30 years of age, who graduated from university and became lieutenant reservists. These Decrees were referred to in the local mass media as Mobilization Decrees 9. In 2015, the local law on alternative service took effect. However, this mechanism was not implemented. Promo-LEX Association described, in its publications, the failure of the administration of the region to ensure the rights of persons who refuse to serve in the army 10.
Ill-treatment in Military Units Application of ill-treatment in the military units from the region continues to be an ample phenomenon. After examining the reports of the local Ombudsperson, according to the data in the table hereunder, we may deduce that the number of criminal cases initiated for violations of military nature gives reasons for concern about the extent to which the rights of persons in the paramilitary structures are observed. On average, about 10% of the number of criminal cases were initiated for using violence against the newly enlisted young men. Moreover, the local Ombudsperson did not mention the empowered institutions taking any actions to respond to the ill-treatment in military units. Table 2. Statistics of criminal cases initiated for the violations of military nature and as a result of unlawful relations Period
2010 2011 2012 2013 2014
Total number of criminal cases initiated for service-connected offenses 227 617 265 308 343
Number of criminal cases initiated for the violation of statutory rules 9 22 19 24 21
The local and national media published several cases describing the seriousness of the phenomenon: On May 22 2015, a sergeant inflicted on his colleague severe bodily injuries in the form of abdominal trauma and traumatic rupture of the spleen because he hadn’t reacted to the order. The incident happened at night, in a military unit form Tiraspol. After the case was out in the media, the investigation committee mentioned that a criminal investigation was initiated on this case. It is not known whether the victim was provided material and rehabilitation aid 11. In August 2015, R.A. escaped from the military unit in Parcani village from the Transnistrian region, after he was subject to ill-treatment. The young man came to Chisinau where he sought help with the authorities and informed on the abuses. The young man recounted about the humiliations that he and his peers were subject to only because those were the “military traditions”. Later, after the case was out in the national media, the KGB initiated an investigation on grounds of betrayal and put him on the wanted list 12. In November 2015, R. was shot somewhere around his face by an officer serving in the military unit from Tiraspol. According to the statements of the representative of
the military unit in the region – Oleg Gumeniuk – the victim was shot by accident by an officer on his night shift, for which he will be brought to account. Other details are unknown 13.
Kidnappings Promo-LEX Association drew public attention on the fact that there are persons being kidnapped by representatives of the local law enforcement bodies from outside the region. According to researches, victims are taken into custody outside on the streets or in their home. They are later taken by force into the territory controlled by the administration of the region, charged with criminal offences, convicted and the imprisoned. The lawyers of Promo-LEX believe that such actions are in violation of the provisions of Article 5 of the European Convention because the victims are arbitrarily deprived of freedom. In 2015, the list of cases of abduction was extended by the following: In the night of April 8 2015, two inhabitants of the village of Vertiujeni, Floresti District, were kidnapped from their own homes, ill-treated and taken by force across Nistru River by the representatives of Camenca militia. In the militia station, the abductees were subject to ill-treatment and detained in inhuman conditions for 5 days for an alleged theft. They were later released 14. On 4 May 2015, a young man from the village of Bogdanovca Veche, Cimislia District (the right bank of the Nistru River) was kidnapped from his own house by the militia from Tiraspol. In Tiraspol, the young man was charged with theft and arrested. Currently he is being imprisoned in one of the prisons from the region 15. On 27 August 2015, the Moldovan Police managed to apprehend three representatives of the militia from Bender, which were going to kidnap a citizen of the Republic of Moldova from the village of Crasnoarmeiscoe, Hincesti District 16. In December 2015, the representatives of the militia from Rabnita kidnapped C.N. from a village from Soldanesti District (the right bank of Nistru River) under the pretext of a criminal charge of theft. The victim was taken to the pre-trial detention centre from Rabnita, and was later transferred to the prison No 1 from Hlinaia, where she spent 30 days. In January 2016, the court from Rabnita conditionally sentenced her to 2 years of imprisonment, releasing her in the court room.
Freedom of Expression Freedom of expression, as well as other civil freedoms, are disturbing matters in the Transnistrian Region. This fact is acknowledged by the Chairperson of the Legal Order Committee under the supreme soviet, in a post on a social network – Mrs G. Antiufeeva. She says there is no freedom of expression in the region, no public platforms for discussions, debates, whereas the freedom of the press is undermined:
In 2015, the negative effects of the Decree on response to extremist activities started coming to the fore 17. The KGB, the prosecutors, but also the state broadcast service are given prerogatives to curtail any initiative they believe is undermining the security of the region. The first step was to oversee the activity of “extremist” netizens and to block suspicious websites, which limited the freedom of expression of opinion in public.
Thus, there were situations when pressure was exerted on persons who had an opinion other than the one promoted by the policies and propaganda of the administration of the region. Some instances in this respect: The activist Irina Vasilache, who denounced acts of corruption on social networks, had to leave the region because of threats to put her into a psychiatric institution and because she was persecuted by KGB. The members of the Transnistrian Ukrainians Union – Oleg Hvosevsckii, Artiom Inozemtev and others – were put on the wanted list by the investigation committee for having visions that the administration of the region believed to be extremist and leading to the destabilization of the political situation in the region 18. They had to leave the region to avoid being sentenced illegally. The activist Irina Scerbinina was intimidated by KGB for participating in a show on an Ukrainian TV channel from Odessa, where she shared her opinion about the situation in the region 19. The activist Irina Sergheeva was warned by KGB that she should refrain from criticizing the leadership. Moreover, she was threatened into avoiding collaboration with human rights organizations from outside the region and into refraining from participation in meetings and sharing opinions to the detriment of the local propaganda, being forced to sign a non-disclosure agreement. The list of persons persecuted for their opinions on social networks continues.
The activists revolted against the fact that the representatives of KGB admitted intrusion into their private life, resorted to eavesdropping, verification of mail addresses, tracking, threatening of relatives, as well as to abuses in the form pressure and intimidation. As there are no local or national protection mechanisms, the activists had to cope alone with all of the challenges. There were also cases when persons regarded as inconvenient by the administration of the region were apprehended after they participated in the peaceful protest of 28 February 2015, which was organized by a leader of the opposition: The activist Allen Bartos, member of the Group “Edinstvo” (Народное Единство) was kidnapped during the protest in the central park of the town of Tiraspol, by the employees of the security service from the region. He was taken to the headquarters of KGB, where he was threatened with a criminal case for organizing public demonstrations. Later, on March 24 2015, Mr Bartos was apprehended by the investigation committee for an alleged theft and held in the pre-trial detention centre from Slobozia. The young man was released on August 27 2015 without being given any explanations 20. and The journalist Serghei Ilcenco, who also participated in the protest of February 28 2015, filmed and took interviews – was arrested in March 2015 by KBG. The KGB accused him of making some extremist posts on a public forum, in consequence of him refusing to delete the articles and the video registration of the protest. His son, Nicolae Ilcenco, was threatened with deprivation of freedom if he refuses to collaborate. Their homes were searched, their personal computers and other goods being seized. His son, Nicolae, managed to flee the region and call a press conference in Odessa, Ukraine 21. The journalists, human rights defence organizations, authorities and international organizations showed concern over this. Thus, in July 2015, Ilcenco was released from custody after spending 4 months in the detention centre No 3 from Tiraspol. Another journalist – N. Buceatchi, the editor of the newspaper “Chelovek i ego prava” (Человек и его Права) (approx. “People and Their Rights”), was summoned in June 2015 to KGB with regards to the fact that he published some criticizing articles. The so-called minister of interior started a court proceeding in a local court on the shut-down of the editorial office “Chelovek i ego prava” for systemic defamation of the image of the region. This civil case was pending in a court of law from Tiraspol at the beginning of 2016. During the “local elections” (September-November 2015), KGB took over the administration of a number of groups on social networks (Facebook), with a view to monitoring and identifying the netizens criticizing the leadership 22. The online debate forum “Open-pmr Info” was subject to DDoS attacks, and was blocked thereafter 23.
Freedom of Association In 2015, the non-governmental sector from the region had to outface some new kinds of pressure made in the form of: prohibition to carry out activities under the pretext that they are attempts to the security of the region; endorsement of projects envisaging investments in the infrastructure, by the humanitarian aid committee under the Tiraspol administration, or by the department of foreign affairs; consultation of the lists of invitees coming from outside the region and their approval by the administration of the local department of foreign affairs; intimidation by the representatives of KGB of the participants in activities carried out by NGOs; public denigration of the image of the civil society, threatening of heads of NGOs by the KGB etc. On February 12 2015, at the meeting of the KGB collegium, the leader of the region urged the secret services to enhance control on the foreign funding of NGOs in the region, which carry out activities that are non-compliant with the local propaganda 24:
To this end, the local law on non-governmental organizations underwent amendments, being added, thus, the obligation to provide quarterly reports on the funding sources and the amount of foreign funds received by local NGOs. However, this initiative was rejected by the majority of the members of the supreme soviet. The anti-extremist Decree mentioned above had a negative impact on the activity of the nongovernmental organizations from the region. According to it, the actions meant to hinder the activity of state bodies, defamation of public officials, violation of human rights and freedoms, participation in public demonstrations etc. are regarded as extremist activities. Therefore, certain activities of the NGOs, particularly those promoting human rights, may be declared extremist according to the aforementioned document. This decree discouraged the activities of the civil society in the region. Even though no local organization was accused of extremism in 2015, the danger still exists. Therefore, in order to carry out their activities, local NGOs have to collaborate with the power structures and the so-called department of foreign affairs. In addition, the organizations have to adjust their activities as requested by the aforementioned bodies. Likewise, local organizations have to obtain the permission of the department for foreign affairs to invite experts and participants to their activities/events. If the activities of NGOs are disapproved of, they are requested to refrain from organizing the planned events. Another challenge that the not-for-profit organizations from the social field had to cope with was that their projects had to be compulsorily endorsed by the humanitarian aid committee under the
administration of the region. As Tiraspol sees it, any foreign funding meant for the construction, renovation and/or planning of certain facilities for social purposes are non-reimbursable, and have to be either approved or rejected by the humanitarian aid committee. A norm in this regard was approved back in 2012 25. Several NGOs complained that this procedure was a complicated one, whereas the decision of the committee takes long to be adopted on purpose. For objective reasons, but to also ensure the confidentiality of the source, we shall not make public the cases of the NGOs from the region that had to suffer because of the aforementioned process. According to the Survey disclosed in Tiraspol at the Solidarity Lub-Hub forum entitled “NonGovernmental Organizations’ Stability Factors” – the share of NGOs in the GDP of the region is of 1.10%, whereas in developed countries this share reaches up to 6.50%. According to the research, only 0.90% of the population work in the third sector of the region, whereas in developed countries this percentage reaches up to 7.10% The representatives of NGOs argue that this is due to the fact that the administration of the region does not have policies to develop and support the NGO sector, particularly in the social area 26. As many as 2364 non-commercial organizations are registered in the region, 505 of which are NGOs.
Freedom of the Media There is practically no free press in the Transnistrian region. The only magazine that wrote about the situation of human rights – “Chelovek i ego prava” (approx. “People and Their Rights”) ceased operation because of the pressure and lack of funds. In 2015, the so-called minister of interior started a court proceeding to shut down the editorial office “Chelovek i ego prava” for systemic defamation of the image of the region. This civil case is pending in a court of law from Tiraspol and was not closed by the end of 2015. This situation can be regarded as an act of harassment. The administration of the region took control over the public press (Pervai Pridnestrovsckii /Первый Приднестровский (First Transnistria Channel) / Radio-PMR) and launched a number of websites of the state structures to uphold its policies. The journalists were gradually imposed to communicate only positive information about the administration of the region. Any coverage about the activity of local institutions, particularly about the institutions that were renovated thanks to external financial aid has to be coordinated with the department of foreign affairs. If this department doesn’t grant endorsement – the journalistic activity ends up limited. There were cases when civil servants were fired for giving interviews without the consent of the department for foreign affairs. For objective reasons, but also to ensure the confidentiality of the source, we shall not make public the cases of the persons who had to suffer for the aforementioned process. On-line forums were closed without explanations. E. Sevciuc called the on-line media an “anonymous landfill” on a social network and insisted on their mandatory registration as media institutions, and on the monitoring and sanctioning of journalists for critics. Note that on January 1 2014, the editorial office “Novai Region” (“New Region”) – a branch of the Russian press agency, announced its shut-down because of the pressure. This agency was the only alternative on-line information source. On January 30 2014, the prosecutors and tax officers from Tiraspol conducted controls at the private television channels “TSV” and “Novaia Volna”. “TSV” belongs to Seriff holding, whereas “Novaia Volna” – to the journalist Grigore Volovoi. The results of the controls were not made public. In 2012 and 2013, “Dniester” and “Lenta PMR” news agencies, as well as other
seven online debate forums (www.forum.pridnestrovie.com, www.forum.dnestra.com, www.openpmr.info, www.pmr-rf.ru, www.forum-pridnestrovie.ru, www.nistru.net and www.forum-pmr.net) were blocked for the Internet users in the region. It is impossible to have access to alternative information because the KGB controls the virtual space and the information exchange networks. According to the netizens, the company InterDnestrCom gainsaid the accusations with respect to the fact that the websites were blocked, putting this on the KGB, which allegedly has advanced equipment. There are good reasons to believe that the KGB controls all web communications and phone conversations. In March 2015, the journalist N. Buceatchi mentioned that his e-mail was hacked and that professional and private information was withdrawn. Buceatchi filed a complaint with the local prosecution which refused to initiate an investigation for perfunctory reasons. It becomes more and more difficult for the journalists to work. Access to public information is restricted. Access to the meetings of the administration is selective. The transparency of activities is ensured only by public institutions 27. Tiraspol imposes a mandatory mass-media accreditation system. The press from outside the region is not accredited if it does not have a representative office registered with the local structures. Considering this, the journalists from the right bank of the Nistru River were prohibited to carry out any activity in the region and were subject to intimidations: On August 17 2015, the reporter of TV-Cocieri – Alexandru Crivitchi – was apprehended by the representatives of KGB in Dubasari, at around 8 p.m. He was accused of instigation to extremism for publishing an article entitled “Transnistria on the doorstep of war”. The journalist was released after being harassed for 2 hours. On September 1 2015, Publika TV reporters (Oxana Botnar and Igor Crocos) were apprehended and intimidated by the militia in the village of Corjova, Dubasari District, for unlawful filming in the region. The journalists were abducted by the militia from the school-yard of Corjova Middle School, where they were making a coverage about the beginning of a new school year. They were taken then to the militia section in town, where they were interrogated for 5 hours, harassed and sanctioned for the purported administrative violations. The militia men also destroyed the film from the camera. The reporters were released after the police from Dubasari and the members of the unified control committee got involved. It seems that this principle was applied unevenly. Thus, only the mass media from outside the region that does not criticize local leaders was invited. During local elections, the private television channel “TSV” (Televidenie Svabodnovo Vybora – Free Choice Television) was persecuted by the representatives of the administration of the region, including for the fact that it provided informational support to its counter-candidates in the supreme soviet: TSV reporter were threatened with “death” by the head of Tiraspol administration – A. Bezbabcenko – while they were taking an interview out on a street of Tiraspol 28.
The journalist Vadim Bulatovici, who works for the same TV channel, was held by the militia for 3 hours for allegedly filming in “a prohibited place”. The journalist believes that this apprehension was rather an act of retaliation by the group of members of the soviet supporting Sevciuc, who were frustrated with how “TSV” reflected the events. On December 2 2015, one of the former members of the supreme soviet urged, during the protest, the leader from Tiraspol to suspend the activity of the private TV channel “TSV”. Pressure continues to be exerted on this TV channel 29.
Freedom of Assembly In 2015, according to the annual report of the local cultural service, more than 6000 events of patriotic and cultural nature were organized by the administration of the region or affiliated organizations. All these assemblies were favoured by the administration of the region. However, the spontaneous assemblies of the population or non-governmental organizations were limited. On February 28 2015, the protest that was probably the greatest in the region, took place in Tiraspol. The participants shouted catchphrases against the failure of the administration of the region to guarantee their social rights (labour, pensions, and salaries). About 400 people were involved in the demonstration. The administration of the region did not want to acknowledge this protest, believing it to be a provocation aimed at destabilizing the situation. Moreover, the law enforcement (KBG, militia) were involved in intimidating the participants after the aforementioned protest. Almost all the active participants were identified, summoned to KGB, or were intimidated in the street or at their workplace. Some of them, such as Allen Bartos and Serghei Ilcenco, which were mentioned above, were imprisoned. On March 1 2015, in Corjova village, Dubasari District, a peaceful assembly took place on the occasion of Commemoration Day. No incidents happened during the event. Nevertheless, the demonstrators were intimidated by the presence of about 100 representatives of the militia, KGB and deconcentrated services of the local administration under the pretext that they were there to ensure public order. This action was followed by another meeting organized by the administration of the town of Dubasari on March2, whereat hateful statements and speeches were made, but the administration of the region favoured this meeting. On March 4 2015, a group of people coming prevailingly from Rabnita, met in front of the local administration premises, demanding for their social rights to be observed. The representatives of the local administration accused them of illegal organization of the protest, whereas the administration notified them that they would be held administratively or criminally liable for organizing meetings against the leadership. On May 1 2015, the businessman Dmitri Kohanschi was apprehended by the militia during a concert organized in the village of Sucleia, Grigoriopol District. Kohanschi was held in custody for 15 days by the court from Grigoriopol for violating the provision on assemblies. In June 2015, NGO “Apriori” that specializes in promoting civil freedoms planned certain activities on the occasion of the Freedom of Press Week. One of the suggested activities was about organizing on June 13 2015 a peaceful demonstration in the centre of Tiraspol, with competitions and a mini-concert to promote the freedom of the press. To this end, the organizers filed an application with the Tiraspol administration to get permission for that activity. The answer of the administration came 2 days before the event. According to the letter, the organizers were drawn attention upon the provisions of the Decree of E. Sevciuc about extremism, and that
they were allowed to meet in another place and for no longer than 3 hours. After giving some thought to the answer of the administration of the town, the organizers decided to give the event up 30. On December 2 2015, KGB issued a statement intimidating participants in spontaneous assemblies. On the same day, the prosecution form the region initiated an administrative investigation on the violation of the legislation on assemblies. Later, the prosecutor of the region admitted that the investigation on the prohibition of assemblies was initiated abusively, as there were no proofs and after learning information only from the media.
Freedom of Movement In 2015, Tiraspol administration continued to limit the access of different categories of people into the region. The number of interdictions imposed abusively, inexplicably and arbitrarily is increasing. This repressive measure was applied along the year without notices or explanations, on police officers from the security area, civil servants and public officials. What is new, some human rights defenders, representatives of NGOs, as well as journalists were put on the blacklist. These persons are not allowed to enter the region and they are to risk to be subject to administrative punishment if they do. In April 2015, the members of Promo-LEX were informed about the fact that they are prohibited from entering the region, without any founded charges being pressed in this regard. The restrictions were applied in order to stop Promo-LEX Association from freely promoting the observance of human rights in the Transnistrian region. On April 29 2015, the priest form Corjova, Oleg Cernat, found out that he was persona non grata and is no longer granted access to the region where his family and home actually are. The KGB representatives from the control post Cosnita-Dubasari informed him that the interdiction was applied by the head of KGB to whom he should go. At the request of Mr. Cernat to be allowed to go to Tiraspol to sort things out, the KGB employees refused him because of the interdiction. The priest protested several times in front of the control post, he addressed the authorities, but all his essays were to no avail. In June 2015, the journalist Natalia Morari from Chisinau was going to participate in an activity in Tiraspol, but learnt that she was a persona non grata there and was not allowed in. The list continues. Access to the region is prohibited based on Item 2.10 of the Decree No 22 of January 30 2015, signed by E. Sevciuc 31. This provision stipulates that the foreigners may be prohibited access to the region if: -
one did not pay taxes during one’s stay in the region; one was imposed administrative sanctions in the period of time spent in the region; one did not pay up the expenses related to one’s expulsion from the region in the period of time spent in the region; the foreigner was issued a judgement by which he/she is pronounced persona non grata; there are enough suppositions that the foreigners will not leave the region once their terms of stay is over.
Besides the fact that the aforementioned provisions are abusive, the Decree does not provide for the institution issuing interdictions, legal guarantees of the persons concerned, the notification
process, the filing of appeals against such decisions nor for the period for which such interdictions are imposed. In February 2015, the court of law from Tiraspol rejected the proceeding initiated by Alexandru Zubco – a lawyer at Promo-LEX Association, with regards to lifting the interdiction on his access to the region. The judges argued that KGB correctly applied the restriction order against the human rights defender. The court did not mention, nonetheless, what was the institution that issued the order. Nor did it comment on the cases, reasons, rationality, need, seriousness of the actions that Alexandru Zubco allegedly committed or on the danger that he poses for the administration of the region. The local court did not comment on whether the restriction is compliant with the fundamental principles of human rights neither. What is more, the case was examined in the absence of his lawyer and their request to take note of the evidence provided by KGB was not admitted. The Decree concerned contains provisions that are equally abusive, which prohibit leaving the Transnistrian region. Thus, the foreigners are not allowed to leave the region if they: are under the criminal obligation not to leave the region; during the period of detention if they are convicted; did not pay the fines or taxes or were held administratively liable. The foreigners who committed violations repeatedly shall be deported. Other provisions that limit the freedom of movement in the region are about the flow of migrants. Thus, the citizens of the Russian Federation, Republic of Moldova, Ukraine, Belarus and Kazakhstan can stay temporarily in the region but for no longer than 90 days. Other foreigners have the right to stay for 45 days. The foreigners can also ask only once for the period of their stay there to be extended. After this period of time is over, the migration service warns the persons concerned that he/she has to leave the region or be imposed, otherwise, fines or be banished. In June 2015, Serghei Vardiasvili, citizen of the Republic of Moldova having his legal residence in the village of Corjova, Dubasari District, was banished by the migration service for 6 months on the ground that he violated the foregoing rules of stay. This was the first case of expulsion from the region. Mr Vardiasvili put up a tent on the right bank of Nistru River where he stayed until the period of expulsion lapsed. On 12 December 2015, the migration services let him enter the region, provided that he observes the rules of stay mentioned hereinbefore. The foreigners can have their legal residence in the region for 1 year only, having also the possibility to extend this period, but for no longer than three years. All these provisions disregard the situation of foreigners that already had their legal residence in the region before this Decree was issued. Therefore, hundreds of foreign citizens rushed to the local passport and migration sections to get any statute of residence in the region. We do not exclude that this Decree was meant to determine the citizens of the region to get local documents, regardless of their will, fundamental rights and freedoms. The situation of the people living in the villages of Molovata Noua, Cocieri, Vasilievca and Corjova from Dubasari District, on the left bank of Nistru River is dramatic as according to the Decree mentioned hereinbefore – they are regarded as foreigners in the region. Alongside the application of the migration rules, the villagers from the villages concerned were informed about their illegal stay in the region after the period of temporary stay lapses. The effects of this Decree will be clearer in 2016.
The Right to Education The situation regarding the observance of the right to education in the region did not go through any positive changes in 2015. The issue of schools teaching in Romanian language, subordinated to the constitutional authorities, was not addressed. The pressure is not open, but according to the teachers working in the 8 schools concerned – by the discriminative, considerable and unreasoned increase in the rent, bills and maintenance fees – the liquidation of these institutions is aimed at, as the costs became extremely exaggerated considering the decreasing number of pupils. In June 2015, the head of foreign affairs from Tiraspol – N. Stanski, send a prescription to the constitutional authorities and international organizations whereby it threatened to close those schools unless the economic pressures that the regions is subject to, as she believed, do not stop. This message reveals that Tiraspol uses the issue of the schools as leverage to achieve its interests. The teachers and parents qualify such actions as blackmailing that the administration of the region resorts to every time in relation to the constitutional authorities in order to get something in exchange, which is unfathomable given that their rights are declared and believed inalienable. On May 29 2015 at 9:15 p.m., the TV channel “Pervai Pridnestrovskii” (Первый Приднестровский – First Transnistrian Channel) of regional coverage broadcast a video of about 60 minutes disseminating hatred towards the population of the region that continues to learn in the schools that do not want to give up Latin script 32. The school principles of Latin-script schools say that the footage concerned was broadcast during the prime time as part of an on-going denigration and intimidation campaign. The intimidation of parents, pupils and school administration continued in order to persuade them to give up the solemn elements at school opening and ending celebrations. Another way of intimidation and harassment of parents, pupils who attend Latin-script schools, is by asking for proxies from both parents whenever these children go through control posts. This is an impediment to the freedom of movement and an obstacle for the pupils who want to participate in different extra-school activities. There were several cases during the monitoring period when pupils were prohibited from passing the control posts. More than 1000 pupils study in those eight schools. On September 1 2015, 517,200 Russian textbooks were sent to the pupils from the 117 schools teaching in Russian through the Embassy of the Russian Federation in Moldova. This action brought about the implementation of a project meant to align the educational system from the region to the educational standards of the Russian Federation. It is worth-mentioning that according to the local reports, more than 40 thousand pupils study in Russian language, 4500 in “Moldovan” language with Cyrilic script and more than 670 – in Ukrainian language. There are 117 educational institutions teaching in Russian, 28 Moldovan schools, 15 mixed schools teaching in Russian and Moldovan, 3 schools teaching in Ukrainian and 2 other mixed schools teaching in Russian and in Ukrainian. There are also three higher education institutions in the region (Taras Shevcenko State University, the Institute of Legal Studies and the Higher College of Music), namely in Tiraspol; 4 subsidiaries of private educational institutions from Russia and another subsidiary of the private University from Odessa. The higher education graduate certificates are acknowledged in
the Russian Federation only. In October 2015, Taras Shevcenko State University from Tiraspol was accredited by the Ministry of Education of the Russian Federation 33.
The Right to Own Property The issue of free access to the farmlands owned as private property by the farmers from Dubasari District (6337 ha) – beyond the Rabnita-Tiraspol route – worsened. Farmers were prohibited access to the farmlands. Moreover, the administration from Dubasari and Grigoriopol districts allowed certain local business entities to work the farmlands concerned. The farmers said that in the fall of 2015, the representatives of the local cadastre offices measured the farmlands and took inventory of the storehouses and other movable and immovable property, including them, thus, unilaterally and abusively in the cadastres of the administration of the region. In these circumstances, thousands of people were only left with their titles of ownership and with an ever so increasing uncertainty as regards the fate of their property. The business entities from Dubasari District who rented plots of land are also in a difficult situation, and as they do not have access to them, they are on the verge of insolvency and of the impossibility to honour their contractual obligations. On the other hand, the constitutional tax administration and social insurance bodies continue to demand tax reports and apply fines for failing to comply with the law in force. Meanwhile, the administration of the region proposed the business entities from Dubasari District to sign some tenancy agreements for those lands according to the local norms. However, the business entities rejected that proposal regarding it as an interference with their ownership rights. The constitutional authorities paid a compensation, which was – according to the business entities – not enough to cover all the damages incurred. On December 16 2015, the Government decided to allot MDL 7.98 million to 5561 land owners from Dubasari District as straight payments. These payments were not made however at the time that this report was issued.
Recommendations Recommendations to the Constitutional Authorities: 1. Adapt the national mechanisms to the situations of human rights violation in the Transnistrian region; 2. Assess objectively the extent to which the National Human Rights Action Plan was implemented in terms of human rights promotion and protection activities planned for the Transnistrian region; 3. Develop a set of indicators that would provide an objective image of the extent to which the National Human Rights Action Plan activities were carried out in the Transnistrian region; 4. Draft and coordinate public policies regarding how the state is to intervene in the protection of human rights and freedoms in the Transnistrian region; 5. Draw up and adapt a regulatory act that would ensure the protection of internally displaced persons; 6. Include on the agenda of the existing negotiation formats topics about human rights monitoring, promotion and protection in the Transnistrian region; 7. Actively support the efforts of the civil society to promote human rights in the Transnistrian region. Recommendations to International Organizations: 1. Actively support the efforts of the civil society to monitor, promote and defend human rights in the Transnistrian region; 2. Pay monitoring visits under international mandate in the Transnistrian region. Recommendations to the Administration of the Region: 1. Exclude the capital punishment out of the so-called legislation; 2. Create and implement a mechanism to prevent and respond to torture, inhuman or degrading treatment or punishment in custodial facilities (detention centers, military units, boarding schools, psychiatric institutions, etc.), under aegis of international institutions; 3. To not interfere with the private and family life and to stop persecuting human rights activists and representatives of the media; 4. Allow and encourage democratic and civil freedoms and human rights promotion initiatives in the region according to the unanimously known principles; 5. Eliminate the negative practices that violate the right to free movement in the Transnistrian region.
Endnotes: 1 FIDH/Promo-LEX – Torture and Ill-Treatment in the Republic of Moldova, including in the Transnistrian region: Assumed Problems and Eluded Responsibilities / Mission 2012 / Available on https://promolex.md/upload/publications/ro/doc_1381238657.pdf, viewed on 15 February 2016; 2 Report on Human Rights in the Transnistrian Region of the Republic of Moldova by Thomas Hammarberg, 14 February 2013 / Available on www.un.md/publicdocget/46, viewed on 15 February 2016; 3 Press release in the implementation of the Recommendations of the UN Expert, Thomas Hammarberg, of 30 March 2014 / Available on http://president.gospmr.ru/ru/news/prezidentpmr-zaslushal-otchet-ob-ispolnenii-plana-meropriyatiy-po-realizacii-rekomendaciy, viewed on 15 February 2016; 4 Report of the local Ombudsperson on the observance of human rights in Transnistria, pages 88-100 / Tiraspol, 2014 / Available on http://www.ombudsmanpmr.org/doclady_upolnomochennogo.htm, viewed on 15 February 2016; 5 Statement on the visit paid by the minister of justice – Olga Zaraci, to prison No 3 from Tiraspol / Available on http://www.minjust.org/web.nsf/All/15.05.15, viewed on 15 February 2016; 6 Report of the head of the punishment serving department from the region – N. Zubreiciuc / Available on http://ovrpress.narod.ru/new_news/2015/kollegija.html, viewed on 15 February 2016; 7 Press release: Promo-LEX Is Worried about the Forced Enrolments in the Transnistrian Region / 2015 / Available on: http://promolex.md/index.php?module=press&cat=0&&item=1847, viewed on 16 February 2016; 8 Excerpt from Article 325 of the local criminal code: “Avoiding military service in the absence of legal grounds for exemption from this service shall be punished by a fine in the amount of 700 (seven hundred) to 1700 (one thousand seven hundred) expected levels of the minimum wage or by imprisonment for up to 2 (two) years”. 9 Decrees of E. Sevciuc on enrolment / Tiraspol, 2015 / Available on: http://president.gospmr.ru/ru/news/ukaz-prezidenta-pmr-no-283-o-prizyve-na-voennuyusluzhbu-v-2015-godu-grazhdan-ne / http://president.gospmr.ru/ru/news/ukaz-prezidenta-pmrno-282-o-prizyve-na-voennuyu-sluzhbu-v-2015-godu-grazhdan-zachislennyh-v, viewed on 16 February 2016; 10 Promo-LEX newsletter No 89/VI “Rights of the enlistees from the left side of Nistru River. Between Myth and Reality... ” / Available on: https://promolex.md/upload/ebulletin/ro/nr89_1422621462ro_.pdf, viewed on 16 February 2016; 11 Statement of the investigation committee, “Military sentenced for abuse” / Tiraspol, 2015 / Available on http://skpmr.org/index.php/en/novosti-komiteta/1903-voennosluzhashchijosuzhden-za-dolzhnostnoe-prestuplenie, viewed on 16 February 2016;
12 Video interview, moldova.org “Testimony of a runaway soldier of the Transnistrian army” / Chisinau, 2015 / Available on: http://www.moldova.org/marturiile-unui-soldat-fugit-din-armatatransnistreana-e-ingrozitor-video/, viewed on 16 February 2016; 13 Video coverage made by TSV channel, “Who shot Ruslan B.” / Tiraspol / 2015 / Available on https://www.youtube.com/watch?v=4sWCoOb2kUg; viewed on 16 February 2016; 14 Publika TV coverage “Kidnapped from the heart of Moldova! Two Moldovans handcuffed and ill-treated in Floresti by Transnistrian militia men” / 2012 / Available on http://www.publika.md/noi-presiuni-tiraspolul-a-impus-tarife-exagerate-pentru-scolile-cupredare-in-limba-romana_2535311.html; viewed on 16 February 2016; 15 DW release “Transnistrian militia men kidnap Moldovans, then extort money form their relatives” / Chisinau 2015 / Available on: http://www.dw.com/ro/mili%C8%9Bieniitransnistreni-r%C4%83pesc-cet%C4%83%C8%9Beni-moldoveni-apoi-storc-bani-de-la-rudeleacestora/a-18452323; viewed on 16 February 2016; 16 realitatea.md release “Provocation on Independence Day. Three Transnistrian militia men apprehended in Hancesti for attempt to kidnap a Moldovan” / Chisinau 2015 / Available on: http://www.realitatea.md/exclusiv--provocare-de-ziua-independentei--trei-militieni-transnistreni-retinuti-in-hincesti-pentru-tentativa-rapirii-unui-moldovean_25864.html; viewed on 16 February 2016; 17 Decree No 241 issued by E. Sevciuc on response to extremism... / Tiraspol, 2014 / Available on http://president.gospmr.ru/ru/news/ukaz-prezidenta-pmr-no241-o-nekotoryhmerah-napravlennyh-na-preduprezhdenie-ekstremistskoy; viewed on 16 February 2016; 18 KGB press release / Tiraspol, 2015 / Available on: http://kgb-pmr.com/news/366; viewed on 16 February 2016; 19 Odessa Daily News Agency Article / Odessa, 2015 / Available on: http://odessadaily.com.ua/news/stilet-id79525.html; viewed on 16 February 2016; 20 Narodnoe Edinstvo statement “They are afraid to release from detention the activist Allen Bartos” / Tiraspol, 2015 / Available on: http://edinstvopmr.ru/news/735-aktivista-narodnogoedinstva-alena-bartosha-boyatsya-vypuskat-na-svobodu.html; viewed on 16 February 2016; 21 Video statement “The arrest of Serghei Ilenco” / Odessa Crisis Media Centre / 2015 / Available on: https://www.youtube.com/watch?v=-pn4EPqRCs0&app=desktop; viewed on 16 February 2016; 22 2015 Report on Transnistria, human rights / Media Centre / Tiraspol, 2015 / Available on: http://mediacenter.md/prava_celoveka/978-pridnestrove-2015-prava-cheloveka.html; viewed on 16 February 2016; 23 Statement on the online debate forum regarding DDos attack / Tiraspol, 2015 / Available on: http://open-pmr.info/blog/scandals_and_accidents/23.html; viewed on 16 February 2016; 24 Statements of E. Sevciuc at the meeting of the KGB collegium regarding the activities undermining the security of the region / Tiraspol, 2015 / Available on: http://president.gospmr.ru/ru/news/evgeniy-shevchuk-otmetil-effektivnost-deyatelnostikomiteta-gosudarstvennoy-bezopasnosti-pmr; viewed on 16 February 2016;
25 Regulation on non-reimbursable aid / Tiraspol, 2012 / Available on: http://govpmr.org/item/130; viewed on 16 February 2016; 26 Media Centre Release “Non-Governmental Organizations’ Stability Factors” / Tiraspol, 2015 / Available on: http://mediacenter.md/thresektor/616-analiz-ustoychivosti-nkopridnestrovya.html; viewed on 16 February 2016; 27 Report of the Centre for Independent Journalism from Moldova entitled “Situation of the Press from the Republic of Moldova in 2015” / Chisinau, 2016 / Available on: http://mediaazi.md/ro/stiri/cji-lansat-raportul-asupra-situa%C8%9Biei-presei-din-republica-moldova%C3%AEn-anul-2015; viewed on 16 February 2016; 28 Video coverage regarding public threatening of TSV journalists / Tiraspol, 2015 / Available on: https://www.youtube.com/watch?v=3DKCaRp8eRY; viewed on 16 February 2016; 29 Release of the Communist Party from the region “Propaganda was not done” / Tiraspol, 2015 / Available on: http://www.kp-pmr.ru/news/2015-12-02-3924; viewed on 16 February 2016; 30 Apriori Centre release / Tiraspol, 2015 / Available on: http://apriori-center.org/news/1001; viewed on 16 February 2016; 31 Decree No 22 on Migration / Tiraspol, 2015 / Available on: http://pravopmr.ru/View.aspx?id=eCMjrM08TQ4b2nF7Y7qeuA%3d%3d&q; viewed on 16 February 2016; 32 Video material “Education – two worlds, two approaches” / Tiraspol, 2015 / Available on: https://tv.pgtrk.ru/show/1772/32034; viewed on 16 February 2016; 33 Decision on the accreditation of Taras Shevcenko University / Moscow, 2015 / Available on: http://www.obrnadzor.gov.ru/common/upload/doc_list/Rasporyazhenie_ot_17.09.2015_N_302006_O_provedenii_akkreditatsionnoy_ekspertizy_GOU_Pridnestrovskiy_gosudarstvennyy_unive rsitet_im._T.G._SHevchenko.pdf; viewed on 16 February 2016.