3 October 1997       Doc. 7946

ADOC7946

      WRITTEN DECLARATION No. 265

      on the decision of the Court of Appeal

      of the Republic of Moldova on the legitimacy and freedom

      of the Metropolis of Bessarabia

This written declaration commits only the members who have signed it

      The undersigned, members of the Assembly declare that:

1.        On 19 August 1997, the Court of Appeal of the Republic of Moldova delivered a judgment on the application by the Metropolis of Bessarabia against actions taken by the country's Government in violation of national and international human rights law and its refusal to grant legal protection to citizens freely belonging that Church.

2.        On one hand, this judgment declared that the official requests by the Metropolis of Bessarabia to operate within the law were legitimate and, on the other hand, that the Moldovan Government's refusal was illegal and in violation of the European Convention on Human Rights.

3.        The Court of Appeal of the Republic of Moldova, following the guidance, in particular, of the provisions of international human rights law, obliged the Chi_in_u Government to comply with the law and approve the Metropolis of Bessarabia's organisational and functional statute.

4.        By adopting a hostile, intolerant, discriminatory and totally inflexible position towards its own citizens belonging, in terms of the democratic principle of freedom of conscience and religion, to the Metropolis of Bessarabia, the Moldovan Government has appealed against the Court's decision, preferring confrontation to negotiations and constructive dialogue.

5.        The hostile stance of the Government of the Republic of Moldova in respect of the issue of the Metropolis of Bessarabia, is a flagrant contravention of the principles of pluralism, democratisation and respect for human rights. It has been determined and fed by pressure put on the Chi_in_u Government by the Russian Orthodox Church (Patriarchate of Moscow and the Whole of Russia) with which the State authorities of the Republic of Moldova enjoy special, unilateral and privileged relations and which is in close collusion with the illegal breakaway regime set up in Tiraspol.

6.        The only possible solution to this situation is for the Government of the Republic of Moldova to reconsider its undemocratic position towards its own citizens belonging to the Metropolis of Bessarabia, by guaranteeing them, genuinely and fully without any discrimination, their rights and constitutional freedoms in the spirit of the Convention on Human Rights and the Declaration on the Elimination of All Forms of Intolerance and Discrimination based on Religion or Belief adopted by the General Assembly of the United Nations on 25 November 1981.

      Signed: ¹

Cubreacov, Moldova, EPP

Hadarca, Moldova, LDR

Atkinson, United Kingdom, EDG

Cerny, Czech Republic, EDG

Figel, Slovakia, EPP

Gabrielescu, Romania, EPP

Janecek, Czech Republic, EPP

Kalus, Czech Republic, EDG

Lambergs, Latvia, EDG

Lupu, Romania, EPP

Melo, Albania, LDR

Pollo, Albania, EPP

Roseta, Portugal EPP

Ruffy, Switzerland, SOC

Steolea, Romania, EDG

Stepova, Czech Republic, SOC

Svoboda, Czech Republic, SOC

Szakal, Hungary, EDG

Toshev, Bulgaria, EPP

Tripunovski, the former Yugoslav Republic of Macedonia, SOC

____________

Total = 20

¹ .        SOC : Socialist Group

      EPP : Group of the European People's Party

      EDG : European Democratic Group

      LDR : Liberal, Democratic and Reformers Group

      UEL : Group of the Unified European Left