The arguments of the People’s Advocate [1], considered by the Supreme Court of Justice (SCJ), which on yesterday meeting rejected the CEC’s appeal on the opening the voting stations abroad.
The People’s Advocate welcomes the decision of the SCJ, adopted yesterday, June 22, by which the decision of June 17, 2021 of the Chisinau Court of Appeal is upheld, in the case of administrative contentious, on abate of Decision no. 4966 of June 5, 2021 and Decision no. 4974 of June 8, 2021 adopted by the Central Electoral Commission of the Republic of Moldova and the obligation to issue the administrative act.
The Ombudsman considers that the implementation of this decision will ensure the right to vote for all citizens, especially those who are outside the country and who have expressed their willingness to exercise this fundamental right. Maia Bănărescu hopes that CEC will take the most judicious decision that would allow the realization of the constitutional right to vote of Moldovan citizens abroad.
The People’s Advocate set out his position on the issue given in his Conclusion no. 07-1 / 25 of 10.06.2021 submitted during the examination of the case by the Chisinau Court of Appeal on increasing the number of polling stations abroad, for full satisfaction of the requests of the citizens of the Republic of Moldova, as specified in Decision no. 3-74 / 2021 of June 17, 2021 and requested to be taken into account the aforementioned appeal in the process of examining.
Subsequently, Maia Bănărescu submitted a notification to the SCJ in the case on the opening of polling stations abroad in which she reiterated her arguments presented to the Chisinau Court of Appeal. The Chisinau Court of Appeal when pronouncing the Decision no. 3-74 / 21 of June 17, 2021 in the matter of administrative contentious also took into account the Conclusions of the People’s Advocate submitted in order to defend the rights, freedoms and legitimate interests of persons.
And in the notification submitted to the SCJ, the People’s Advocate mentioned that the result of the last electoral elections demonstrated the inefficiency of the state’s efforts in ensuring the necessary conditions for exercising the right to vote. The main cause of the admitted violations is the lack of access to the electoral bodies open abroad, due to the insufficient number of polling stations and ballot papers. Thus, in the Annual Report 2020 on the Situation of Human Rights in the Republic of Moldova, the Ombudsman recommended increasing the number of polling stations opened abroad and ballot papers to ensure the right to vote of all citizens of the Republic of Moldova.
The People’s Advocate acted on the basis of art. 22 paragraph (1) of Law no. 52/2014, according to which, if he has information on mass or serious violation of human rights and freedoms, in cases of social importance special case or in case it is necessary to defend the interests of persons who cannot independently use the legal means of defense, the People’s Advocate is entitled to act ex officio. Thus, initiating the ex officio notification following the issuance by the Central Electoral Commission of Decision no. 4966 of 05.06.2021, the People’s Advocate found that the Decision in question contravenes the standards in the field of human rights and will not ensure the right to vote for all citizens.
Human Rights Promotion and Communication Department
Tel.: 060002656
[1] Based on art. 3 of the Parliament Decision no. 4 of February 4, 2021 on termination of the mandate of the People’s Advocate (Ombudsman) until the appointment by the Parliament of a new People’s Advocate (Ombudsman), Mrs. Maia Bănărescu, People’s Advocate for Children’s Rights, will fulfill the duties of People’s Advocate (Ombudsman)
