Knowing the current government, it would be a naivety to think that it would pay a lot of attention to implementation of reforms in the area of justice – interview with Teodor Carnat, executive director of the Helsinki Committee for Human Rights. SERIES OF INFO-PRIM NEO MATERIALS “HOW WAS 2007”

[ - Moldova lags behind in implementing democratic standards in the area of justice, in particular in the area of human rights. Can you characterise the developments in the area in 2007 and what are your forecasts for 2008?] The areas of justice and human rights remained stagnant in 2007 as regards the implementation of democratic standards owing to the multitude of problems that appeared in the process of ensuring the transparency of the projects and strategies implemented by the government in the area. Another problem that influences negatively the human rights protection activities is the absence of an independent press and its material-financial dependence on certain organisations, fact that leads to a subjective assessment of those that deal with the protection of human rights. Another negative factor is the danger to which the protectors of human rights are subjected as they are threatened and hindered in their activity. Even the press creates circumstances in which the defenders cannot express themselves objectively and defend their viewpoint, while the press interprets the situation only from the point of view of those that it represents. Taking into consideration what has happened until present and the existent political framework, we can say that 2008 will see a further degradation in the area. One of the negative factors that would influence the situation is the parliamentary elections of 2009 that will distort the projects and strategies that will be implemented and will have political interest. The negative development is confirmed by governors’ statements that the insurance of the international legislation can serve as possibility of appeal when the human rights are violated. By asserting the possibility of withdrawing from the European Convention on Human Rights, the authorities limit the citizens’ access to the ECHR in particular and to justice in general. Such a situation will create a negative atmosphere in the cooperation and implementation of projects with the European institutions and with other international organisations. This will have a negative effect on the implementation of democratic standards in the area of justice. [ - What were the most serious human rights violations in 2007 in your opinion?] The right to a fair trial is most often violated. Firstly, the cases are not examined in a reasonable term and secondly, the person’s right to have the court decisions implemented is violated. At the same time, the detainees file a large number of petitions complaining about the violation of their rights to appropriate detention conditions and about the inadequate treatment on the part of prison supervisors. It should be noted that the right to property protection was very often violated in 2007. A large number of people complained about the violation of the right to freedom and security as the court decisions on preventive custody were insufficiently justified and about the inadequate behaviour of the law enforcement bodies. [ - What concerns should be high on the Moldovan authorities’ list of priorities in 2008 in order to implement beneficial reforms in the area of justice?] Even if we prefer to look with optimistic eyes into the future, we cannot say that the current government will make considerable effort to implement beneficial reforms in the area of justice. It would be a naivety to think so, knowing very well the present administration and its strong wish to keep the power. We cannot say today that the state that resorts to authoritarian measures like undermining of the right to free expression, politicisation and monopolisation of mass media, intimidation of the population would strive to protect the human rights and improve the course of justice. But, taking into account the hindrances to the development of justice and the most urgent necessities, the Moldovan authorities in 2008 should have the following priorities: to make the justice independent from other state authorities, especially from the executive authority; to eliminate the obstacles hindering the population’s access to justice; to reduce corruption among the public functionaries working in the area of justice; to work out a functional legislative framework designed to improve the safety and protection of the defenders; remove the hindrances impeding the population’s access to information; to adjust the national normative framework to the European standards.