MANOLE AND OTHERS v. MOLDOVA

FOURTH SECTION

PARTIAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 13936/02
by Larisa MANOLE and others
against Moldova

The European Court of Human Rights (Fourth Section), sitting on 15 June 2004 as a Chamber composed of:

SirNicolas Bratza, President,
MrM. Pellonpää,
MrsV. Strážnická,
MrR. Maruste,
MrS. Pavlovschi,
MrL. Garlicki,
MrJ. Borrego Borrego, judges,
and Mr M. O'Boyle, Section Registrar,

Having regard to the above application lodged with the European Commission of Human Rights on 19 March 2002,

Having deliberated, decides as follows:

THE FACTS

The applicants, Larisa Manole, Corina Fusu, Mircea Surdu, Dinu Rusnac, Viorica Cucereanu-Bogatu, Angela Aramă-Leahu, Ludmila Vasilache, Leonid Melnic and Diana Donică, are Moldovan nationals, who live in Chişinău. They are all journalists from the “Teleradio-Moldova” Company. The tenth applicant is the Strike Committee of the Employees of the State Company Teleradio-Moldova, an ad-hoc body created within the “Teleradio-Moldova” Company, which in its turn is a Public Company registered in Moldova. The applicants are represented before the Court by Mr V. Nagacevschi acting on behalf of the “Lawyers for Human Rights”, a non-governmental organisation based in Chişinău.

A.  The circumstances of the case

The facts of the case, as submitted by the applicants, may be summarised as follows.

1. Background to the case

The applicants are television journalists from the State Company “Teleradio-Moldova” (“the Company”), which runs the only Moldovan public television channel and radio station with nationwide coverage.

According to the applicants the Company has been subjected to censorship throughout its entire existence. However, after February 2001, when the Communist Party won a large majority in the parliamentary elections, the censorship allegedly became unbearable. The censorship was usually effected by way of oral instruction, in a hierarchical order coming from the President of the Company to the editors.

The applicants allege that since February 2001, no opposition party, either parliamentary or extra-parliamentary, has had access to air-time; any reporting containing a different point of view than that of the Communist Party has been banned; a number of prominent persons from the political, cultural and scientific spheres, who do not support the Communist Party have been put on a black-list and banned both from national television and national radio; words and phrases such as “Romanian”, “Romanian language”, “Bessarabia”, “History of Romanians”, “totalitarian regime”, etc. have been prohibited; it was prohibited to refer to certain historical periods such as the period between the two world wars, the organised famine, the Stalinist regime, the GULAG deportations and the period of national revival of 1989.

From 9 January to May 2002 the Parliamentary faction of the Christian Democratic People's Party organised on a daily basis massive demonstrations in front of the seat of the Government, in which tens of thousands of people participated. During a long period of time there was a prohibition from giving any information in the news bulletins about the demonstrations. This situation continued until 25 February 2002, when 331 members of the staff of the Company signed a declaration of protest against the censorship which read as follows:

“We, the employees of Teleradio-Moldova, note that after the Communist Party's victory in the elections, our freedom of expression has been impaired. Our viewers and listeners have been deprived of the right to accurate and impartial information. In fact, the authorities have restored in National Radio and Television a Soviet-style political censorship, prohibited by the Constitution of Moldova. As a result 'Teleradio-Moldova' became an instrument for the brainwashing and manipulation of public opinion, а mouthpiece of the ruling party. We protest against the totalitarian actions, which infringe upon the rights of television viewers and radio listeners and upon the freedom of the press as a whole. Such anti-democratic deviations are dangerous, because they destabilise the political situation within our society. We express our solidarity with the actions of the demonstrators, aimed against the forced russification and deliberate destruction of the democratic system. We demand the abolition of censorship within the State Company 'Teleradio-Moldova' and respect for the people's right to accurate, reliable and impartial information. We demand that the authorities respect the democratic and pro-European policy which our country opted for.”

On 26 February 2002 the declaration was forwarded to all the news agencies and on the same day about twenty thousand people gathered in front of the Company headquarters to protest against the censorship.

On 27 February 2002, the meeting of the staff of the “Teleradio-Moldova” Company decided to go on a passive strike and a Strike Committee was elected for that purpose.

The Strike Committee submitted to the administration of “Teleradio-Moldova” and to the Government of Moldova a list of claims regarding the abolition of censorship from the National Television and Radio. At the same time the editors and news-casters, contrary to pressure from the administration of the Company, started to present “uncensored” news.

In the beginning the administration of the Company and the Government appeared to be willing to reach a compromise; however, later a state of emergency was introduced at the Company and military troops were moved onto its premises. The leaders of the strike movement began to be dismissed by different methods from their positions, and to be subjected to disciplinary sanctions. All the Romanian-language and one Russian-language news-caster from the evening news bulletin “Mesager” were replaced and the censorship continued.

The applicants have sent the Court a video-tape showing the anti-censorship demonstrations of February and March 2002, the statements made by the Strike Committee and their negotiations with the President of Moldova regarding the abolition of censorship.

2. Allegations made by the applicants

(a) Allegations made by Larisa Manole

The following is a translation of the allegations made by Larisa Manole in her application:

“The censorship and the brutal interference with the editorial policy of the National Television have grown considerably since the Communist Party won the Parliamentary elections. The fragile liberty which the News Department used to enjoy came to an end. The key positions were filled with persons loyal to the Government, ready to serve them at all times. The news broadcasts were rid of such terms as 'Romanian language', 'Romanian', 'Bessarabia'. Items which were critical of the authorities and items concerning other political parties or opinions other than the official opinion were tabooed.

The evening news bulletins 'Messager' did not contain any references to demonstrations from the Great National Assembly Square, organised by the opposition movement. Any attempt to reflect those events in the news was counteracted. According to my job description I was responsible for selecting the news which presented an interest for the public and to draft the text of the news. After 2001 this was done solely by the Chief of the News Department and I could not pass any news without his approval. All the news bulletins had to begin with the following words: 'Today the President of Moldova...', even if the subject was not of real importance. I have been reprimanded on many occasions and I have received pecuniary sanctions many times for 'breach of the rules'. For example when I put feature reports about non-official visits of the President of Moldova or other minor subjects into the second part of the news bulletin instead of putting them in the beginning.

I have received official warnings on many occasions for pronouncing words like 'Romanian Language' or 'Bessarabia'. On the public holiday 'Limba noastră cea Română' there were banned all phrases that contained the word 'Romanian' and in which our nations' greatest personalities were mentioned.

Not only the sound but also the images from the feature reports were censored. The opposition figures and cultural personalities who were not favourable to the Communist Party were not allowed to appear on television even in background images. Items concerning a series of personalities like M. Cimpoi, V. Vasilache, N. Dabija, S. Urecheanu and others were forbidden.

After the National Television strike began, the administration made numerous attempts to remove me from the news bulletins. Besides the fact that I was allowed to present only one or two news bulletins weekly, on 6 March 2002, I was totally removed on the alleged ground that I had made a technical mistake. I have been demoted from the position of editor and news-caster of superior qualification to the position of reporter of first degree. At the same time I was not allowed to present the news anymore, I was reprimanded and I was dismissed from the position of chief of the news-casters' division. I have brought an action against the administration's decision and I have won the lawsuit. However, the administration of the National Television did not execute the judgment and I was never reinstated into my previous position. Moreover, while working as a reporter, I was not given enough work, and the subjects treated by me were verified and censored by my hierarchical superiors. On many occasions the Strike Committee has demanded that the administration of the National Television reinstate me into my previous position, but the answer was that it was the President of Moldova's discretion at issue and not theirs. In these conditions I could not fulfil my objectives and I could not earn my full salary. Consequently I had to leave my job after twenty-two years of work.”

(b)    Allegations made by Corina Fusu

The following statement by Corina Fusu is also signed by seven other journalists from the National Television, five of whom are not applicants: Viorica. Cucereanu-Bogatu, Dinu Rusnac, S.H., S.N., A.R., E.F., and V.I.:

“After the Communist Party won the elections we were requested to make transcripts of the text of interviews, especially of those interviews which expressed opinions different from those of the governors. This was done for the purpose of editing them or entirely omitting them from feature reports. Even the interview of the former Secretary General of the Communist Party, G.E., was censored because he said that 'presently no light can be seen at the end of the tunnel', when referring to the situation in Moldova (22 September 2001).

In a feature report of 22 February 2002 from the Parliament's session dedicated to the Moldovan socio-political situation, the opposition's view was banned from broadcast.

In a feature report of 13 February 2002 from the Government's session, an interview with the parliamentarian Vlad Cubreacov regarding the substitution of the 'History of Romanians' for the 'History of Moldova' was banned.

A feature report from the press conference of a deputy of the Parliamentary faction 'Alianţa Braghiş', regarding his negative attitude toward the territorial-administrative reform and the early local elections, was distorted and censored.

The special correspondent, who made a live report on Independence Day on 27 August 2001, was intimidated by the administration for use of expressions like 'totalitarian communist regime', 'communist government', 'the Square of Great National Assembly'. In the feature report about the same event from the evening news, an interview with Mircea Snegur (the first President of Moldova) was banned.

At the same time the journalist who made an item with the President of the Cinema Workers' Union, was seriously reprimanded for the statement made by the interviewee that 'in the period of the totalitarian regime churches had been destroyed'.

On 9 May 2001 the special correspondent was withdrawn from the live broadcast when the martyrs of the national revival period were enumerated.

On 28 October 2001 a report about the late singers Doina and Ion Aldea Teodorovici was first distorted and then entirely banned. At the insistence of the staff it was eventually broadcast the next day in a censored form.

Reports about two major events, the Congress of the Philologists and Conferences organised by Historians, were banned because opinions about the 'History of Romanians' and Romanian language were expressed. At the same time conferences about the introduction of the new history subject 'History of Moldova' was largely covered. The opinions expressed in a report by the historian D.D. were either distorted or omitted.

During all this period, the evening news bulletin 'Mesager' reflected only the point of view of the governing Party. The parliamentary and the extra-parliamentary opposition were banned from television. In a report about a new book, not only the interview but also the image of the former Vice-President of the Parliament, Valeriu Matei, was excluded.

In a report about our late colleague V.S. the image of the former Speaker of the Parliament, Dumitru Diacov, was omitted (October 2001).

Valeriu Saharneanu, the President of the Union of Journalist, was always seen by the administration as an undesirable person and he was always excluded from reports.

The report about the legislative body of the Gagauz Autonomy was edited in the office of the President of the Communist Parliamentary faction, Victor Stepaniuc.

Reports about the launching of very important books were prohibited for the sole reason that they contained words like 'Romanian', 'Bessarabia', etc.

Between 1 and 7 December 2001 the Embassy of Romania in Moldova organised together with the Ministry of Culture of Moldova a series of cultural events dedicated to the National Day of Romania. Only two of those events were allowed to be reflected in reports, and even then we were not to mention that they were dedicated to the National Day of Romania. And even the interview of the Moldovan Minister of Culture, Ion Pacuraru, was stripped of any reference to the significance of the National Day of Romania. Other important reports about the inauguration of the 'Ginta Latina' Centre, the decoration of some outstanding personalities like M. Bieşu, N. Dabija, D. Matcovschi, I. Canaşin with important distinctions from the Romanian Government, and the inauguration of the weekly 'Romanian Week' were also banned.

On 23 February 2002 a report about the setting on fire of the 'Casa Limbii Române' building was banned.”

The following is a part of the text of a news bulletin feature report written by Corina Fusu on an unspecified date. The italicised part was crossed out in the copy sent to the Court, allegedly censored by the applicant's chief.

“Today in the afternoon, the Parliamentary faction 'Alianţa Braghiş', had a press conference, during which it expressed its attitude regarding the socio-political situation in Moldova.

The leader of the faction, Dumitru Braghiş, emphasised that the latest events indicated that the Republic of Moldova was on the verge of undergoing a serious political and social crisis which could endanger democratic values, interethnic harmony and the rule of law.

The events that started on 9 January 2002 were proof of the fact that neither the governors, nor the opposition were willing to find a reasonable solution which would reflect the general interest of the country. 'This is not the first time that our Party has expressed this concern'.

Mr Braghiş considers that the present government should assume the responsibility for the situation, which was generated by the Ministry of Education's decision regarding the compulsory study of the Russian language in schools and introduction of the subject 'History of Moldova'.

The faction's request to hear the Prime Minister's report about the economic and financial state of the country has also been disregarded.

The decisions of the present Government lead to the isolation of Moldova in its external relations and to the abandonment of the idea of European integration.

Braghiş proposed that at the next Parliament's session not only the consequences of the situation be discussed but also its origins.”

The following is the continuation of the statement made by Corina Fusu:

“In November 2002 a feature report about the forty-fifth anniversary of the Union of Journalists of Moldova was censored and interviews with the President of the Union, Valeriu Saharneanu, and with the head of the newspaper 'Jurnal de Chişinău', Val Butnaru, were deleted.

In May 2003 a feature report about an art exhibition by Iulian Filip was banned because the artist was working for the Chişinău Municipality and he was part of Mayor Serafim Urecheanu's team.

In April 2003, in a feature report about a round-table organised by the Media Group from the Stability Pact for South-East Europe, an interview with Alexandru Dorogan, the President of the Electronic Press Association, was banned.

In November 2003 a street poll about the Kozak federalization plan was banned because the majority of the respondents had a negative attitude towards the plan.

In March 2004 a prohibition was instituted on filming the demonstrations organised by the journalists of 'Antena C' radio station and 'Euro TV' television channel, following the temporary ban put on those stations by the authorities.”

(c)    Allegations made by Mircea Surdu and Leonid Melnic

The following is a translation of the allegations made by Mircea Surdu:

“The rights of journalists from the National Television are violated by the ban put on some topics of great interest and on some persons (very many public persons do not have access to the television just because their beliefs differ from those of the governors). In this way the public are presented with only one view - the official one.

A very relevant case of censorship was the 'Bună Seara' talk show of 28 November 2003. The show was dedicated to the plan for the federalisation of Moldova proposed by the Russian Federation. The guests on the show were Vladimir Filipov, the representative of the Council of Europe in Moldova, Klaus Neurkirh, the spokesman of the OSCE Mission, and the three leaders of the Parliamentary factions – Victor Stepaniuc, Dumitru Braghiş and Iurie Roşca. Vladimir Filipov was told by the President of the Company a few hours before the broadcast that the show was cancelled. The authors of the broadcast were not informed. The representative of the OSCE, Dumitru Braghiş and Iurie Roşca came to the studio. The public took their places and the show began. We did not know that the live broadcast was being replaced by a film. Nobody gave any explanation why the show which was regularly broadcasted was suddenly cancelled without any prior notice. The journalists who worked on the show were immediately intercepted by the police and interrogated”.

(d)    Allegations made by Dinu Rusnac

The following is a translation of the allegations made by Dinu Rusnac:

“On 26 February 2002 I presented to the Chief of the News Department, Mr V.T., the text of the five o'clock news bulletin. Since the building of the National Television was being picketed by demonstrators, and the employees of the Company were on strike, I decided to include in the news bulletin the declaration of the Strike Committee, the demonstrators' claims and information about the picketing of the National Television. Mr V.T. forbade that and struck out with his pen the relevant passages (see the annex). I qualify these actions as political censorship. The next item, about the judgment of the Supreme Court of Justice which ruled that the demonstrations organised by CDPP were illegal, did not bother V.T. (see the annex).”

The following is a part of the text of the evening news of 26 February 2002. The italicised part was allegedly censored by the applicant's chief:

“Good evening. You are watching the evening news bulletin.

Today the participants of the demonstration on the Great National Assembly Square picketed the building of the National Television. They requested the administration of 'Teleradio-Moldova' Company to stop the disinformation on the National Television and Radio, as well as to give them air-time at peak times so they could make public their demands. The demonstrators were welcomed by a large group of employees of the Company. They expressed their solidarity with the demands about abolition of censorship, which is, in any event, forbidden by the Constitution of Moldova. They read to the demonstrators a declaration signed by about 150 employees of 'Teleradio-Moldova' which stated the following: 'We, the employees of Teleradio-Moldova, note that after the Communist Party's victory in the elections, our freedom of expression has been impaired. Our viewers and listeners have been deprived of the right to accurate and impartial information. In fact, the authorities have restored in National Radio and Television a Soviet-style political censorship, prohibited by the Constitution of Moldova. As a result 'Teleradio-Moldova' became an instrument for the brainwashing and manipulation of public opinion, а mouthpiece of the ruling party. We protest against the totalitarian actions, which infringe upon the rights of television viewers and radio listeners and upon the freedom of the press as a whole. Such anti-democratic deviations are dangerous, because they destabilise the political situation within our society. We express our solidarity with the actions of the demonstrators, aimed against the forced russification and deliberate destruction of the democratic system. We demand the abolition of censorship within the State Company 'Teleradio-Moldova' and respect for the people's right to accurate, reliable and impartial information. We demand the authorities to respect the democratic and pro-European policy which our country opted for'.

The Supreme Court of Justice ruled in favour of the Government in their lawsuit against the Christian Democratic People's Party and declared illegal the demonstrations organised by the latter. The court ordered CDPP to stop organising anticommunist demonstrations. CDPP's lawyer, V.N., declared that he will appeal against the judgment in front of the Plenary of the Supreme Court of Justice. In the event of the Plenary finding against the CDPP, V.N. intends to lodge an application with the European Court of Human Rights.

The Minister of Justice, I.M., does not exclude the use of police force in order to restore order. He made a declaration to this effect to the Moldpress news agency”.

The following is the continuation of the statement made by Dinu Rusnac:

“On 5 March 2002 I presented the Chief of the News Department, Mr V.T., the text of the seven o'clock news bulletin. I included in it information about the attitude of the Strike Committee vis-à-vis the defamatory and irresponsible declarations made by the President of Moldova V. Voronin during the broadcast 'The President's hour' of 4 March 2002. Voronin declared that the strikers were paid by the CDPP leader Iurie Roşca, who in his turn was sponsored by the Transdniestrian regime. At the same time Voronin called the protesters a 'rabble'. After this item, an interview with the leader of CDPP Iurie Roşca in response to the President's declarations was scheduled. Mr V.T. censored the text again and crossed out with his pen the information about the Strike Committee and the interview with Iurie Roşca (see annex two)....

During the news bulletin I felt obliged to at least inform the viewers that at this point in the programme, information about the Strike Committee and an interview with Iurie Roşca had been programmed. I did that and I showed the viewers the text of the item with passages struck out and signed by V.T. At that moment the chief of the News Department ordered the sound technician to cut the sound.”

The following is a part of the text of the evening news of 5 March 2002. The italicised part was crossed out, allegedly as a measure of censorship by the applicant's chief:

“A large amount of counterfeit brandy was discovered in an underground factory built by a person living in Bacioi village. From the total store of alcohol found at a wholesale depot on Munceşti street in Chişinău, about 80% was deemed to be counterfeit and imported beer worth MDL 3,000 had an overdue expiration date.

Yesterday during the 'President's hour' broadcast, the President of Moldova, Vladimir Voronin, made statements which the Strike Committee of 'Teleradio-Moldova' considered to be defamatory and irresponsible. The President stated that my colleagues had been paid to protest against censorship. At the same time the President stated that the strikers from the National TV formed part of the same demonstration as that in the Great National Assembly Square. We, the employees of 'Teleradio-Moldova' express our bewilderment that the Head of State, who should be the guarantor of the Constitution for each citizen, presumes to misinform the public opinion in such a way. We also deem absolutely inadmissible that a person with such a status call a part of his country's population 'a rabble'.

The CDPP leader Iurie Roşca informed the protesters from the Great National Assembly Square that the organisers of the demonstrations intended to sue the President for the statement that the demonstrations were sponsored by the Transdnestrian regime. Iurie Roşca also made public the intention to sue the Vice-President of the Parliamen,t Vadim Mişin, for his statement made to a Russian television channel that the Chişinău demonstrations were sponsored from abroad and that several million lei had already been spent for that purpose. He also expressed the intention to sue the Communist leader Victor Stepaniuc for the statement that the demonstrators were shouting fascist slogans, and the Prime Minister Vasile Tarlev for his statement that the organisers of the demonstrations were responsible for the 1992 war. Yesterday during the 'President's hour' broadcast, Vladimir Voronin stated that the Chişinău demonstrations were organised with the financial support of the Transdniestrian regime. He declared that USD 200 million had been allocated for the purpose of overthrowing the present Government and that the organisers were paid USD 30,000.00 for each demonstration.

These accusations are totally unfounded and they aim to divide the demonstrators, stated the CDPP leader Iurie Roşca. He also stated that fewer protesters had been attending the demonstrations lately. This was due to an intimidation campaign led by the Ministry of Internal Affairs and by the Prosecutor General's Office, which, according to the CDPP leader, conducted a series of raids of Chişinău schools, colleges and universities. The representatives of the investigation organs contended that the students and the professors had been interrogated only as witnesses. The organisers of the demonstrations advised the demonstrators to refuse to talk to the investigators in the absence of their lawyers and press.

The CDPP leader stated that President Vladimir Voronin will have to account for his accusations before the court. By means of such lies, he tries to avoid giving a sincere answer about the real reasons that made people go to the streets. It is clear that the demonstrations were generated by the unconstitutional manner of ruling the country, employed by the Communist Party.

The famous folk music singer Maria Sarabaş has been sentenced by the Buiucani District Court to a fine of MDL 36 for her active participation in the demonstrations in the Great National Assembly Square. She can appeal against the judgment within ten days before the Chişinău Regional Court. She is accused of having given a speech to the demonstrators.

Today the Social Democratic Party of Moldova issued a declaration regarding the political crisis in Moldova. The Social Democrats stated that there was no democratic opposition in the Parliament which could effectively resist the Communist Party. They advanced an opinion in support of early parliamentary elections for the next spring and in favour of the abolition of censorship within the State controlled media....”

On 7 March 2002 the President of the State Company “Teleradio-Moldova” I.M. issued an order by which a disciplinary sanction was imposed on Dinu Rusnac on the ground that he had 'modified the script on his own initiative and introduced unplanned information and declarations in it'. The sanction was a reprimand and a prohibition from presenting the news within the News Department.

(e)    Allegations made by Viorica Cucereanu-Bogatu

The following is a translation of the allegations made by Viorica Cucereanu-Bogatu:

“In April 2002 a feature report from the inauguration of the 'Museum of National History', which was dedicated to the victims of the Stalinist repressions, was banned. Everything concerning the period of deportations was banned on the National Television.

In July 2002 a feature report about Professor Elle Pelerino dedicated to her eightieth anniversary and to her being decorated by the German Government for the promotion of German culture in Moldova was censored. In the report she pleaded in favour of writing a book about the history of the deported Soviet Germans, but this part of the report was censored because it referred to the period of the Stalinist deportations.

In January 2003 a feature report about the late Gheorghe Ghimpu, a dissident from Soviet times, was censored. The title of his book published post-mortem, 'The national conscience of the Moldovan Romanians', was deleted since use of the word 'Romanian' was prohibited at the National Television.

In 2002 and 2003, during Christmas, I was precluded from doing any interviews with clergymen of the Metropolitan Church of Bessarabia.

In July 2002 a feature report about the launch of a book written by an American professor was banned because it was about the Latin roots of the Romanian Language”.

(f)     Allegations made by Angela Aramă-Leahu and Ludmila Vasilache

The following is a translation of the allegations made by Angela Aramă-Leahu and Ludmila Vasilache:

“In December 2001, without any prior notice and without any explanation, the President of 'Teleradio-Moldova', Mr I. Magaleas, suspended the broadcast 'TV Magazin'. It was only after we had appealed to the press-related non-governmental organizations that we were informed of the official explanation, that we had in fact been given a vacation because apparently we were very tired. The 'vacation', which was not solicited by anybody from our creation group, lasted for three weeks.”

B.  Relevant non-Convention material

1. Acts of the Parliamentary Assembly of the Council of Europe

On 24 April 2002, the Parliamentary Assembly adopted Resolution 1280 (2002) on the functioning of the democratic institutions in Moldova, which stated:

“7. The Assembly notes that the scale of the protest movement by journalists and staff of Teleradio-Moldova underlines the need to carry out reforms quickly, so as to guarantee freedom of expression and promote a public broadcasting service. It urges the authorities to end the practice of censorship of television broadcasts and to afford all opposition political parties, both inside and outside Parliament, generous access to discussion broadcasts. It asks the Moldovan Government and Parliament to embark without delay on work to transform Teleradio-Moldova into an independent public corporation.

10. The Assembly expects the Moldovan political forces to pursue genuine, constructive dialogue and to agree on a compromise which should include the following elements:

iv. revision of radio/television legislation and amendment of the status of Teleradio-Moldova to make it an independent public corporation: an immediate start of work by the relevant parliamentary committee; possible resumption of consideration of the draft legislation examined by the previous legislature; [...] completion of work by the end of the current Parliamentary Session, on 31 July 2002;

11. The Assembly calls upon the Moldovan Government and Parliament to take the above measures without delay.

14. The Assembly calls upon the Moldovan authorities to co-operate fully with the Council of Europe and its bodies, and in particular to:

ii. submit for Council of Europe expert appraisal the future bills to reform broadcasting and transform the state company Teleradio-Moldova into an independent public service corporation; ...”

On the same date, the Parliamentary Assembly adopted Recommendation 1554 (2002) on the functioning of the democratic institutions in Moldova, in which it noted as follows:

“5. The Assembly also asks the Committee of Ministers to step up co-operation with the Moldovan authorities concerning:

i. speedy expert appraisal of coming bills to reform broadcasting and transform the State Company Teleradio Moldova into an independent public service corporation; ...”

On 3 April 2003, the co-rapporteurs Mrs Josette Durrieu and Mr Lauri Vahtre presented to the Parliamentary Assembly of the Council of Europe an information report regarding the Implementation of Resolution 1303 (2002) on the Functioning of democratic institutions in Moldova, in which it is noted inter alia:

 “68. We note a positive development in the political situation in Moldova since our previous visit. Dialogue with part of the political opposition has resumed. The Moldovan authorities have complied with the most important items of the Council of Europe recommendations. During our visit, we nevertheless asked the authorities to make an additional effort to bring the reforms embarked upon to final completion, and in particular:

- to amend and adopt the law on the Teleradio-Moldova public broadcasting service, taking our comments into account,

- to amend and adopt the law on local government, also taking account of our remarks,

- to improve the Electoral Code,

- to guarantee the independence of the judiciary.

69. Since our mission, we find that these requirements have indeed been met:

- the law on Teleradio-Moldova was enacted on 14 March and promulgated on 21 March;

- the law on local government was enacted on 18 March;

- revision of the Electoral Code is in hand.”

2. Relevant domestic law

The Decree of the President of the Republic of Moldova no. 63 of 11 March 1994 on the creation of the State Company “Teleradio-Moldova”:

“Article 1. The National Radio and Television is liquidated.

Article 2. The State Company “Teleradio-Moldova” is created.

Article 4. The administration of the State Company “Teleradio-Moldova” will be exercised by the president of the Company while the coordination of its activity will be carried out by the Coordinating Council.

The Decision of the Government No. 502 of 12 September 1996 on the Statute of the State Company “Teleradio-Moldova”:

Article 2. The Company is a public audiovisual institution. The creative and editorial activity of the Company is protected by law from the interventions of the public authorities and from pressure from political parties.

Article 3. “Teleradio-Moldova” has the status of a State Company.

Article 4. The founder of the Company is the Government, in the name of the State of the Republic of Moldova. The activity of the Company is conducted by the State through the Audiovisual Coordinating Council.

Article 10. The Company has the following objectives:

To provide truthful and objective information about the socio-political, economic and cultural life of the country as well as of the external relations of the State;

To promote the interests of all the strata of the society, to propagate the values of peace and humanism, democratic values and respect for human rights;

To create, accumulate, preserve and promote cultural and artistic values.

Article 20. The creational and editorial activity of the Company shall be independent. The television and radio programs are protected by law from the intervention of the public authorities and from influence and pressure from any political party.

Article 22. The Company is obliged to:

Present in an objective and impartial manner the realities of the socio-political internal and international life; to ensure the peoples' right to information; to promote the authentic values of the national culture, of the culture of the national minorities and of the universal culture;

To ensure freedom of expression, freedom of thought and freedom of circulation of information;

To ensure the respect of the rights of the journalists in accordance with the national legislation and with international practice; to ensure the presence of persons with different political and confessional views within its broadcasts;

To give priority and to broadcast free of charge the press releases of the Parliament, Government and of the President of Moldova...

Article 23. The research and creation sub-units of the Company shall ensure the journalists' right to opinion and to his or her own position. The Company cannot impose on a journalist to promote any ideas which are in contradiction with his or her moral values.

Article 24. The programmes broadcast by the Company must not propagate war, aggression, ethnic, racial, class and religious hatred, anti-state violent actions, terrorism, public disobedience, territorial separatism and any ideas and opinions contrary to the norms of morals.

Article 30. The president of the Company, the general director of the Television and the general director of the Radio are appointed by the Parliament, on the proposal of the Audiovisual Coordinating Council or on its own initiative. The term of office is five years. The vice-president of the Company is appointed by the Audiovisual Coordinating Council, on the proposal of the president of the Company for a period of five years.

Article 31. The president of the Company:

Rules the Company;...

Employs and dismisses the employees of the Company;

Ensures the activity of Administration Council of the Company;...

Article 33. The Administration Council is a collegial and consultative administrative body of the Company. It is composed of thirteen members, who act in accordance with the Regulations of the Administration Council.

Article 34. The president of the Company is automatically a member of the Administration Council. The other members are the representatives of the Government and the representatives of the Audiovisual Coordinating Council.

The Law no. 1320-XV of 26 July 2002 on the public institution of audiovisual the “Teleradio-Moldova” Company

Article 1. The national public audiovisual institution – the “Teleradio-Moldova” Company - is created. It is an institution with legal personality and with functional autonomy and editorial independence which ensures the right to freedom of imparting truthful and objective information on the entire territory of the Republic of Moldova...

Article 5. (2) The Company is to ensure a large diversity of broadcasts which would cover the interests of different social, national, religious and political categories.

(3) The Company is to ensure respect for the principle of objectivity and impartiality within its news and documentary broadcasts.

Article 13. (1) The Company's Council of Observers is an autonomous body which is responsible to ensure the observance of the right of the people and of the society to receive truthful, complete and objective information. It has the prerogatives to monitor the Company's observance of law and of its statute.

(2) The Council of Observers is composed of 15 members who are well-known persons from the cultural, scientific, education, media and other spheres. Their term of office is five years and they are appointed by:

(a) Parliament – 2 members (1 from opposition)...;

(b) President of the Republic of Moldova – 2 members;

(c) Government – 2 members;

(d) The Superior Council of Magistrates – 1 member;

(e) The creational staff of the Company – 1 member;

(f) The national minorities' organisations – 2 members;

(g) The Confederation of the Trade Unions of Moldova – 1 member;

(h) The Confederation of the Free Trade Unions 'Solidarity' – 1 member;

(i) The Creative Unions (the Union of Writers, the Union of the Plastic Artists, the Union of Cinema Workers, the Union of Composers, the Union of Theatre Workers) – 1 member;

(j) The media organisations (the Union of Journalists, the Association of the Free Press, the Association of the Electronic Press, the Committee for the Freedom of Press, the Independent Journalism Centre, the Mass-media Association) – 1 member;

(k) The Association of Veterans – 1 member.

Article 14. The competence of the Council of Observers

Appoints the president of the Company, the vice-president, the executive director of the television and the executive director of the Radio;

Confirms the composition of the of the Administration Council ...”

COMPLAINT

The applicants complain under Article 10 of the Convention that the censorship imposed on the National Television and Radio constitutes an unjustifiable interference with their freedom of expression and is a serious infringement of their right in a democratic society to impart information to the public.

THE LAW

1.  The Court notes that the tenth applicant is the Strike Committee of the Employees of the State Company Teleradio-Moldova which is an ad hoc body not having legal standing. It has therefore examined whether the Strike Committee can claim to be a “victim” of the alleged violation within the meaning of Article 34 of the Convention which reads, so far as is material, as follows:

“ The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto......”

The Court recalls that in order to satisfy the conditions of Article 34, applicants must be able to demonstrate that they themselves have been directly affected by the alleged breach of the Convention. In the present case the measures complained of do not affect the Convention rights of the Strike Committee itself. The fact that the Strike Committee considers itself to be the guardian of the collective interests of its members does not suffice to make it a victim within the meaning of Article 34 of the Convention (see for example Purcell v. Ireland 15404/89, (Dec.) April 16, 1991, 70 D.R. 262).

It follows that in so far as the application is brought by the Strike Committee it is incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 § 4.

2.  The Court notes that the other nine applicants, who are all members of the Strike Committee, have submitted individual powers of attorney asking to be considered as individual applicants in the event that the Strike Committee is not considered to have legal standing.

The Court considers that it cannot, on the basis of the case file, determine the admissibility of the complaints under Article 10 made by these nine applicants and that it is therefore necessary, in accordance with Rule 54 § 2 (b) of the Rules of Court, to give notice of their application to the respondent Government.

For these reasons, the Court, by a majority,

Declares inadmissible the complaints made by the Strike Committee of the Employees of the State Company Teleradio-Moldova; and

Decides to adjourn the examination of the complaints made by the remaining nine applicants.

Michael O'BoyleNicolas Bratza
RegistrarPresident

Full & Egal Universal Law Academy