Council of Europe and European Union Joint Programme on Democracy Support in the Republic of Moldova
The Council of Europe and the European Union share values such as democracy, rule of law, respect for human rights and fundamental freedoms. The common aims led the Council of Europe and the European Commission to develop a series of joint mechanisms of cooperation (participation of the European Commission to meet Council of Europe activities, accession of European Union to Council of Europe Conventions, etc.). One significant instrument of this cooperation is the conclusion since 1993 of a number of joint programmes, concerning coop¬eration with countries that joined the Council of Europe since 1989 and developed closer ties with the EU. In April 2001 the European Commission and the Council of Europe signed a Joint Declaration on Cooperation and Partnership that provides a framework of joint program¬ming and priority-setting mechanisms.
The Democracy Support Programme has the following objectives: to strengthen the judiciary, the prosecution service, the police, the Centre for Human Rights of Moldova (Ombudsman), the media and the Parliament of Moldova, through the application of European standards in their work. This will involve assessment of the relevant institutional frameworks and the provision of capacity-building support. Technical advice will also be provided to the investigating commission of the Parliament.
The project consists of the following seven components:
1) Legislative assessment of existing and proposed legislation (including amendments currently in preparation) with European standards, and including the “implementation gap”, focusing on the judiciary, the prosecution service and the police. Particular focus will be put on CoE expertise and recommendations already made and how they were followed up.
The main activities under component 1 will consist of legislative expertise and assessment by CoE experts, coupled with specially-designed activities to ensure proper follow-up to the experts’ recommendations.
2) Ensuring accountability for human rights violations: (i) assistance with structural reforms of the police and the General Prosecutor’s Office; (ii) capacity-building: training of police and prosecutors inter alia on positive obligations under Article 3 of the European Convention on Human Rights (ECHR) and the Committee for the Prevention of Torture (CPT) standards, (iii) reinforcement of the police’s capacity to effectively apply riot control measures in line with European standards.
The main activities will focus on training seminars for police officers and prosecutors on the ECHR and CPT standards for combating ill-treatment and impunity, as well as the production and distribution of publications and training materials.
3) Safeguarding pre-trial guarantees: (i) advising on the transfer of temporary detention isolators from the MoI to the MoJ; (ii) supporting the setting up of a judicial/court police; (iii) extension of the use of bail provisions and assisting in the implementation of the probation law, and (iv) training of judges and prosecutors, in order to avoid excessive use of pre-trial detention.
The main activities will consist of training seminars for judges and prosecutors on the use of alternatives to pre-trial detention and imprisonment; refurbishment of detention facilities (commissariat) and continued expert support to facilitate the transfer of temporary detention isolators from the MoI to the MoJ; production and distribution of publications and training materials for judges and prosecutors.
4) Support to the Centre for Human Rights of Moldova (Ombudsman): (i) providing assistance with the revision of the institutional/legal framework; (ii) thematic capacity-building.
CoE experts with international expertise will provide assistance to the Centre for Human Rights of Moldova (Ombudsman) in the process of formulating possible amendments to the Law on Parliamentary Advocates. Furthermore, a series of activities and training sessions for the staff of the Centre for Human Rights of Moldova (Ombudsman) will be organised on general human rights standards, rights of persons with mental disabilities, freedom of assembly, legislation on probation and, finally, human rights for local authorities in co-operation with trained staff of the Centre for Human Rights of Moldova (Ombudsman).
5) Support to the development of pluralist media: (i) support to the reform of the CCA; (ii) support to the reform of TRM; and (iii) training programmes for journalists on ethics, standards and professionalism.
This component will focus on strengthening the professionalism in the media and introducing guarantees for the independence of the broadcasting regulatory authority through the purchase of monitoring equipment and training on media monitoring; establishing TRM as a genuine public-service broadcaster with an independent editorial line as well as facilitating dialogue on ethical and responsible journalism through thematic roundtables.
6) Support to the administrative and policy procedures of the Parliament of Moldova: (i) Legislative expertise, (ii) Institutional capacity building of the parliament committees and secretariat and (iii) Provision of tehcnical equipment.
The main activities will consist of expertise in the functioning of the Parliament, development of terms of reference, job descriptions and internal recruitment procedures; legislative expertise; analysis of the rules on procedure; seminars, workshops, trainings and round tables with experts on various subjects related to parliamentary functioning, protocol, relation with media etc; PACE expertise on specific subjects requested by the parliamentary committees and the Secretariat departments, study visits, English language courses and provision of technical equipment.
7) Support to the establishment of facts and reconciliation efforts: supporting a process of establishing the facts in relation to the post-electoral events and, subsequently, facilitating reconciliation efforts, based on procedures, tools and skills to be adapted to the situation of Moldova.
The activities of component 7 will be undertaken along two main lines: (i) continuation of expert assistance to the Parliamentary Investigation Commission for the elucidation of the causes and consequences of the events following 5 April 2009, and for the implementation of possible recommendations stemming from the report and (ii) activities to support the reconciliation process with civil society.
All activities of the Joint Programme are implemented in partnership with local beneficiaries and partners such as the members and staff of the Parliament of Moldova; Ministry of Justice (MoJ); Ministry of Interior (MoI); The General Prosecutor’s Office; the Superior Council of Magistracy; National Institute of Justice; the court system; staff of the Centre for Human Rights of Moldova (Ombudsman); Teleradio-Moldova (TRM) - board, staff and managers; Coordinating Council on the Audiovisual (CCA) - board and staff; Press Council, journalists; civil society; Office for the Promotion of Parliamentary Democracy (OPPD) of the European Parliament; members of the Investigation Commission for the elucidation of the causes and consequences of the events following 5 April 2009.