The bill to amend a number of legislative acts concerning extremism fighting leave room for the violation of human rights and freedoms. Experts of the Center for the Analysis and Prevention of Corruption (CAPC) consider that the authority is creating a comfortable framework for work. The abuses on the part of this authority derive from here.
The bill was drafted by MPs of the Liberal Democratic Party and the Democratic Party. In a news conference at IPN, CAPC expert Mariana Kalughin said the bill allows the authority to take special investigation measures without a security warrant issued by the court. This provisions runs counter to the Council of Europe’s recommendation concerning special investigation techniques, which provides that the member states are obliged to take legislative measures to ensure efficient control over the use of the special investigation techniques by a judicial or another independent authority, including by authorization.
According to Mariana Kalughin, the proposed provisions stipulating that the security warrant can be ordered outside a trial are inacceptable. Such norms are abusive. The proposal not to inform the visited person about the measures taken against him/her based on the security warrant also cannot be accepted.
The expert said the informative note to the assessed bill does not contain sufficient argumentation in favor of its adoption. The norms should be detailed so that they are precise, clear and predictable. In the current vague form, the provisions can generate serious abuses when they are implemented. Thus, the basic rights of persons against whom security warrants are issued and of other persons could be violated, including the right to private life that is guaranteed by the Constitution of the Republic of Moldova.
The CAPC notes that the bill was drafted taking into account the experience of such states as Spain, Romania, Germany, Russia and Ukraine, but without analyzing the compatibility of the bill’s provisions with the Council of Europe’s standards on special investigation techniques.
The appraisal was carried out within the project “Harmonization of the legislation with the international human rights standards” that is supported financially by the Civil Rights Defenders of Sweden.
