The measures taken by the Republic of Moldova to implement the Ozdil and others case will be examined again by the Committee of Ministers of the Council of Europe on 11-13 June 2024. The European Court of Human Rights found that the detention and removal of Turkish citizens from the territory of Moldova in September 2018 was contrary to the right to liberty and right to private and family life. Moldova violated all legal safeguards provided by international and national law when it removed Turkish citizens from the country.

 

Recently, the Legal Resources Centre from Moldova (LRCM) and the Promo-LEX Association submitted their fourth communication to the Committee of Ministers on the measures taken by the authorities.

 

The organisations found that although Turkish citizens have been released from Turkish prisons, they cannot leave the country because the Turkish authorities have refused to issue them passports. As long ago as 2022, the Committee of Ministers recommended to the national authorities that Turkish citizens be brought to Moldova to serve their sentences imposed in Turkey, but no serious action has been taken. Criminal investigations against officials involved in the “removal” of Turkish citizens are being delayed. Also, the sanction imposed by the judges on the only person held responsible, the former director of the Security and Intelligence Service (SIS), was close to the minimum sanction, and his file was kept secret, restricting the right of victims to participate in the trial. Although new legislation on the work of the SIS was adopted in 2023, the mechanism of parliamentary control over its work has not been substantially improved.

 

The LRCM and Promo-LEX urged the Committee of Ministers to request the Moldovan authorities to:

  • Facilitate, through diplomatic and legal channels, the return of Turkish citizens to Moldova and grant asylum to the two Turkish citizens who do not yet have this status.
  • Carry out a proper investigation, inform the victims of the progress of the investigation and sanction all high-ranking officials involved in the extra-legal transfer, involving the complainants or their relatives who request it.
  • Improve the parliamentary oversight mechanism of the actions and powers of the SIS, as recommended by the Venice Commission.
  • Introduce an effective legal mechanism for the declassification of essential information, which cannot be influenced in any way by those involved in human rights violations.

 

The organisations also requested that the Committee of Ministers keep the supervision of the execution of the Ozdil and others case under the enhanced procedure.

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