An application was filed to the European Court of Human Rights under Article 39 on behalf of the SHOR Party of Moldova and its representatives, on May 17th, 2024, seeking interim measures to suspend the effects of the ban imposed on June 19th, 2023, by the Republic of Moldova on the SHOR Party, one of the two opposition parties represented in the Moldovan Parliament.
The application sets out that the ban on the SHOR Party is in violation of Articles 10 and 11 of the European Convention on Human Rights, which protects the rights to freedom of expression and freedom of assembly and association.
This is the second application filed to the ECHR by the SHOR Party. On 16 September 2023, the Applicants submitted their application under Article 34 of the Convention.
The Court communicated in March 2024 that it had decided to hear arguments in the case and that the application could constitute a “case with impact”. The vast majority of applications to the ECHR are dismissed without being examined on the merits. In 2020, 95% of cases were declared inadmissible or struck out and only 2,000 reached the level of a court review.
The challenge filed today was made in response to the Moldovan Government announcing that Presidential elections will take place on 20 October 2024, which would require the SHOR Party to register a candidate as early July 2024 in order to participate in the elections. While the Court has designated this matter as a potential “case with impact”, a final determination of the case will not take place before the Presidential elections. Accordingly, interim measures would be needed to allow the SHOR Party and its members are able to participate in the forthcoming presidential elections.
According to experts involved in the case, the ban against the SHOR Party is one egregious example of a whole series of measures taken by the Moldovan authorities to silence the SHOR Party. On 5 November 2023, the local elections took place in Moldova without the participation of the SHOR Party. Further, over one hundred persons connected with the SHOR Party and Chance Party were disqualified from standing in the local elections.
“These actions constitute part of the Moldovan authorities’ concerted efforts to eliminate the SHOR Party as a democratic opposition, preventing the participation of any candidates nominated by two significant opposition parties. In effect, the contemporary political scene in Moldova is no longer representative nor truly legitimate,” said Pavel Verejanu, one of the applicants.
According to party sources, after the Constitutional Court in Moldova declared the new disqualification legislation unconstitutional, the Speaker of the Moldovan Parliament threatened to enact yet further legislation to achieve the aim of excluding the SHOR Party from participating in elections.”
Moldovan statistics claim that despite the efforts to silence the SHOR party, they continue gaining support among the public whilst the dissatisfaction with the current ruling party is rising. Arecent report shows that trust in President Sandu fell from 41.0% in 2020 to 26.2% in 2023, trust in parliament - from 25.4% to 14.2%, and trust in the government - from 15.4% to 7.5%. In addition, 56% of individuals surveyed stated that Moldova is heading “towards a situation of abuse, censorship and lawlessness.”
“Unless the Government’s actions supressing basic democratic institutions is halted, a significant proportion of the Moldovan voters will be deprived of their right to vote for a candidate representing their preferred political option. We are filing this challenge to protect the rights of those voters and to safeguard the country’s governance and future,'' Verejanu declared.