The European Court of Human Rights (ECHR) found Moldova guilty for the statements made by the leader of the Party of Communists Vladimir Voronin when he was head of state. The plaintiffs in this case are Vitalia Pavlicenco and Serafim Urecheanu, IPN reports.
In November 2004, President Vladimir Voronin, in a program broadcast live by a private TV channel, said that Urecheanu created a very powerful mafia-style system of corruption in Chisinau. The libel action against Voronin was discontinued by the decision of the Centru Court of January 11, 2005, which was upheld by the Chisinau Appeals Court on February 3, 2005. The courts ruled that the President enjoyed immunity and could not be held responsible for opinions expressed in the exercise of his mandate.
In 2007, Vladimir Voronin, who was still head of state, said in a television program that Vitalia Pavlicenco was a member of the Communist Party and of the KGB in the Soviet period. The libel action taken by Pavlicenco was dismissed by the national court for the same reason.
The two complained to the ECHR that they didn’t have access to the courts even after the expiry of Voronin’s mandate. The Court held that under the Constitution, the President enjoys immunity. However, in so far as his opinions are concerned, the immunity is not absolute: it extends only to opinions expressed in the exercise of his mandate. The Court found yet that there has been a violation on account of a disproportionate restriction of the right of access to a court.
According to the ECHR decision, published by the Jurists for Human Rights Association, Pavlicenco claimed €5,000 lei in damages plus €5,289.60 legal costs. The Court awarded Pavlicenco €3,600 in respect of non-pecuniary damage and about €5,289.60 legal costs.
