SHOR Party Seeks Interim Measures Against Moldovan Government in European Court of Human Rights
The application sets out that the ban on the SHOR Party is in violation of Articles 10 and 11 of the European Convention on Human Rights, which protects the rights to freedom of expression and freedom of assembly and association.
This is the second application filed at the ECHR by the SHOR Party: on September 16, 2023, the Applicants submitted their substantive application under Article 34 of the Convention. The Court communicated in March 2024 that it had decided to hear arguments in the case and that the application could constitute a “case with impact” (referral no. 226a/20231).
It should be noted that the vast majority of applications to the ECHR are dismissed without being examined on the merits. In 2020, 95% of cases were declared inadmissible or struck out and only 2,000 reached the level of a court review.
The challenge filed today comes in light of the Moldovan Government announcing that presidential elections will take place on October 20, 2024, which would require the SHOR Party to register a candidate as early as July in order to participate in the elections.
Whilst the Court has designated this matter as a potential “case with impact”, a final determination of the case will not take place before the presidential elections. Accordingly, interim measures are urgently needed to suspend the effects of the ban and to ensure that the SHOR Party and its members are able to freely participate in the forthcoming presidential elections – and to protect voters’ rights to free elections in Moldova.
The ban against the SHOR Party is one egregious example of a whole series of measures taken by the Moldovan authorities to silence the SHOR Party. On November 5, 2023, local elections took place in Moldova without the participation of the SHOR Party. Further, over one hundred persons connected with the SHOR Party were disqualified from standing in the local elections. Candidates of the Chance Party were also excluded from standing in the local elections.
“These actions constitute part of the Moldovan authorities’ concerted efforts to eliminate the SHOR Party as a democratic opposition, preventing the participation of any candidates nominated by two significant opposition parties. In effect, the contemporary political scene in Moldova is no longer representative nor truly legitimate,” said Pavel Verejanu, one of the applicants.
After the Constitutional Court in Moldova declared the New Disqualification Legislation unconstitutional, the Speaker of the Moldovan Parliament has threatened to enact yet further legislation to achieve the aim of excluding the SHOR Party from participating in elections.
Despite the efforts to silence the SHOR Party, it continues to gain support among the public whilst the dissatisfaction with the current ruling party is rising. Trust in President Sandu fell from 41.0% in 2020 to 26.2% in 2023, trust in Parliament dropped from 25.4% to 14.2%, and trust in the government halved from 15.4% to 7.5%. In addition, 56% of individuals surveyed stated that Moldova is heading “towards a situation of abuse, censorship and lawlessness.”
“Unless the Government’s actions suppressing basic democratic institutions is halted, a significant proportion of the Moldovan voters will be deprived of their right to vote for a candidate representing their preferred political option. We are filing this challenge to protect the rights of those voters and to safeguard the country’s governance and future,” added Verejanu.
Aureliu Colenco
Cabinetul avocatului Colenco Aureliu
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1 https://www.einpresswire.com/article/696910607/european-court-of-human-rights-decides-to-review-legality-of-moldovan-government-s-ban-on-the-shor-party
2 https://constcourt.md/libview.php?l=ro&idc=7&id=2809&t=/Media/Noutati/Curtea-a-declarat-neconstitutionala-interdictia-de-a-candida-la-alegeri-aplicata-unor-persoane-asociate-partidelor-politice-declarate-neconstitutionale