Fadei Nagacevschi: “The neglecting of the ECHR decision regarding Bessarabian Metropolitan Church can lead to Moldova’s exclusion from the Council of Europe and to no chances of joining the EU”

“If the Republic of Moldova decides to defy the European Convention on Human Rights, this will lead to its exclusion from the Council of Europe and there will be no chances of joining the European Union,” jurist Fadei Nagacevschi, of the “Jurists for Human Rights” Association, told Info-Prim Neo with reference to President Vladimir Voronin’s official statements about the possibility of cancelling the registration of the Bessarabian Metropolitan Church by disobeying the decision of the European Court of Human Rights (ECHR). Fadei Nagacevschi points to the confuse form in which the head of state made his official statement on the given topic. “If the things go on in the same way, we will go against the ECHR decision,” Vladimir Voronin said during a televised programme last weekend. Given that procedurally speaking the Court’s decision cannot be disregarded, it is more probable that the president’s statements will be regarded as a gesture of defiance of the European Convention of Human Rights. Theoretically, this is one of the fewest ways in which the ECHR decisions can be neglected. The European Convention on Human Rights became a legal obligatory instrument for Moldova since it ratified it. Accordingly, the Court’s decisions are also compulsory, the jurist explains. If the Court’s decision is not implemented, Moldova could be subjected to constraints according to the norms of the international law. This could have a destructive effect on Moldova, which is already the poorest state in Europe. The expert says that the ECHR decision in the case of the Bessarabian Metropolitan Church versus Moldova cannot be neglected, but the Bessarabian Metropolitan Church could be struck off the State Register of Religions if the situation changed essentially; for example it became a reactionary religion meanwhile. It is important that the reason for removing the Church from the Register be adequately justified and it should not have existed when the Court passed judgement. If Moldova ignores the ECHR decision and strikes the Bessarabian Metropolitan Church off the Register of Religions arbitrarily, going against the Court’s ruling, Moldova will be held accountable in compliance with the international law, Fadei Nagacevschi said. Voronin’s argument that ,,... 90% of the many wars witnessed by the civilization have religious problems at the root,...» is not a reason for ,,not observing the ECHR decision», the expert says. Moldova as well as Romania is a predominantly secular state and there is no risk of war. The reference to history is not a reason for refusing to implement an ECHR decision. Moreover, the risk of an interethnic conflict was already brought up by the Moldovan Government at the Court. Fadei Nagacevschi is of the opinion that in reality Vladimir Voronin’s statements are related to the fact that the president does not control the Bessarabian Metropolitan Church and to his personal resentment towards the Romanian authorities „that do not want to recognize Moldovan Communists’ dogma about the existence of the Moldovan language and the Moldovan people”.