Committee for Defense of the Constitution and Democracy
Appeal to the External Partners of the Republic of Moldova
On 16 December 2011, in the Parliament of Moldova, the MPs from the ruling coalition defiantly displayed their ballots within the secret election procedure of the President.
The elections of December 16 failed because ruling coalition’s candidate Mr. Marian Lupu was unable to obtain 61 out of 101 votes necessary for being elected. On 12 January 2012, the Constitutional Court, instead of declaring the displayed ballots as invalid, ruled the whole voting as unconstitutional and declared both 16 December’ round, and 15 of January round of elections, already scheduled by the Parliament, as being invalid.
Instead of carrying new elections, on 15 January the three leaders of the ruling coalition, not being able to reach an agreement on Presidential candidate and not willing to negotiate with other Parties on a compromise figure, decided to hold a new referendum on amending the Constitution and lower the threshold for electing the President. The similar referendum took place in September 2010 and failed because of low participation of voters. The Constitution states the same problem can not be subject to referendum more often than once in 2 years.
The sudden unconstitutional change of rules during the game and refusal to launch a legal procedure for electing the President in reasonable terms show clearly that the coalition’s aim is to stay in power and control the capital flows in Moldova for as long as possible.
The Article 2 of the Constitution, "Sovereignty and State Power", states the following:
(2) No private individual, national segment of population, social grouping, political party or public organization may exercise state power on their own behalf. The usurpation of state power constitutes the gravest crime against the people.”
As result of this unlawful actions of the Government, the Committee for Defense of the Constitution and Democracy, formed by public figures, lawyers, leaders of NGO’s – a civil society association open for all caring for democracy in Moldova has been constituted. On January 22, the Committee organized its first rally on the central square of Chisinau, which reunited few thousand of peaceful protesters. The Committee declares it will continue peaceful protests until the ruling coalitions agrees to our following demands:
- To restore the independence of the Central Electoral Commission by reintroducing into the Electoral Code articles that existed before being dismissed by the current power and that guaranteed irremovable position of all the CEC members and the majority representation of the opposition in the proportion of five members out of 9.
- Alexandru Tanase, the head of the Constitutional Court, has to resign from office as person who irretrievably compromised himself in front of the public opinion through the shown obedience to power, lack of professional integrity and repeated involvement in the political life, which is incompatible with his status.
- Dissolution of the Parliament and calling anticipated parliamentary elections.
- Calling to responsibility of those in charge for the usurpation of power in the state.
The absence of criticism of ruling coalition actions’ impertinence from European institutions could be considered as undue indulgence by the Moldovan people. Silence about lawlessness in Moldova must be broken.
The continued silence of our international partners in such a critical situation for our country can discredit Moldova’s European ambitions and prospective. We call our partners to take firm stand and pronounce in favor of democracy and the rule of law in Moldova.
We would like to underline the degradation of political climate in Republic of Moldova generated by ruling Alliance for European Integration, which is maintaining in illegal way the political power.
In this situation, the lack of adequate reaction from European institutions can deepen political crisis.
In this respect the state of thinks can explode. Stagnation of reforms, social-economic crisis and corruption feeds the tensions in the society.
Chisinau, January 23, 2012