The Moldovan Congress of Local Authorities (CALM) is urging law enforcement and the judiciary to ensure due process in cases that involve mayors, with due regard to all legal provisions and in particular the status of local elected officials, CALM said in a statement.
CALM said it has found “a series of deviations that cast a doubt on the objectivity and impartiality of investigative and prosecutorial bodies”.
The findings are based on several reports that looked at 64 criminal cases and 18 administrative cases during 2014-2018 where mayors had been charged with corruption, abuse of office, misfeasance and similar offenses.
According to CALM, the monitoring showed that many court rulings expressly state that alleged failure to observe administrative procedure alone is not enough to accuse an elected official of a criminal offense. In other words, even if procedure is violated, a mayor cannot be held criminally accountable if there is no damage done.
CALM notes that in its April 4 Resolution, the Council of Europe’s Congress of Local and Regional Authorities found that in Moldova “the political context for the exercise of mayoral functions (...) is negatively affected by the intensive practice of bringing criminal prosecution against mayors and local representatives.”
The CoE Congress calls on Moldovan authorities “to find an accurate balance between the fight against corruption and the requirements of local democracy, so that the bringing of criminal charges against local elected representatives does not disrupt local political life”.