In a blow to the pro-EU government of Moldovan President Maia Sandu, the European Court of Human Rights (ECHR) has decided to hear arguments in a legal case brought by representatives of the banned opposition SHOR Party.
The move comes as Moldova is struggling to deal with the continued fallout of Russia’s invasion of neighbouring Ukraine, including reports of political instability in Transnistria, a narrow enclave within Moldova that is under Russian control.
The Sandu government’s controversial ban last year blocked the SHOR Party from contesting local elections and was justified using the provisions of an emergency law passed following Russia’s March 2022 invasion of Ukraine.
The decision by the ECHR as Moldova begins a potentially fraught journey towards EU membership, one that is expected to feature debates about the integrity of the country’s courts and judicial systems.
The EU voted to open accession negotiations with Moldova in December of last year.
The ECHR said on Monday that it has invited the Moldovan government to submit a written statement on its facts, admissibility and merits of the SHOR Party’s claim.
The ECHR further indicated the case could qualify as a ‘case with impact’, a designation that indicates the case might raise issues of relevance for Moldova and/or the convention system itself.
legal representatives for the SHOR Party suggested that 95 per cent of cases before the ECHR do not reach this stage.
The ECHR’s statement comes on the heels of US court victory by Ilan Shor, the former leader of the SHOR Party who is sanctioned by the US, UK and EU governments.
Shor was sanctioned by the UK government for his alleged role in a bank fraud case in Moldova.
But key evidence of the alleged fraud was later retracted by a former World Bank official in a hearing in the US courts. Show is now expected to use the retraction to challenge the original conviction in Moldova, posing another challenge for Sandu and her government.
Shaun Brazil, the partner at London-based BCL Solicitors LLP representing the SHOR party, responded to the ruling by saying: ‘The applicants are pleased that the Court has accepted this case and invited the Government of Moldova to respond to our submissions, which identify several grounds to demonstrate that the ban on the SHOR Party violated the applicants’ Convention rights.’
Marina Tauber, the former Vice-Chari of the SHOR Party, added; ‘This is an important milestone in the pursuit of justice for the SHOR Party
‘Open and fair elections are key pillar in any democracy and the Moldovan government’s ban on the party last year undermined those rights.’
The Sandu government now has until 1 July 2024 to respond to the ECHR.
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