Declaration regarding the sequestration of Jurnal de Chisinau bank account
The non-governmental organizations are extremely concerned about distraining upon 300 000 lei from Jurnal de Chisinau bank account, fact that can block the issuing of the newspaper.
The Central sector Court of Justice decided to take insurance measures on ex-prosecutor of Donduseni claim, who pretend that Jurnal de Chisinau have injured his honor and dignity, caused by publishing 2 articles – one published on May 9th 2003, titled “The prosecutor from Donduseni – accused to rape a 62 years old woman”, and the second on August 24, 2004, titled “A second Transnistria”. De facto, the prosecutor was investigated as suspect of raping a woman and Jurnal de Chisinau literally revealed this case. After more then 4 years from publishing those articles the ex-prosecutor claimed this year a judicial process on defamation.
A term of prescription of defending honor, dignity and professional reputation is not provided by Moldovian Legislation, but totally different is the situation for claiming moral damages. According to art.1424, Civil Code of Republic of Moldova, the term for claiming repairing damages expires after 3 years from that moment when victim knew about the damages. Jurnal de Chisinau is a publication with a circulation all over the teritory of R. of Moldova and the prescription term for claiming the reparation of moral damage started on that day when the article was published, day when claimant should have knew about the published articles and his infringed rights.
According to this, we have reasonable presumption that behind the sequestration on bank account are hidden other interests then legal ones. What was the reason of the sequestration if the reparation of moral damage anyway would not be payed to claimant?
Besides, on March 28, 2008 the Moldavian Parliament decision had mentioned that one of the main cause why RM is convicted by European Court is the superficial and lawless examinations of the judicial cases based on moral damages. The same decision mentioned that the activity of law administration, prosecutors, the police and Courts are not in corresponding with European Convention and still persisting cases of ignoring the European Court jurisprudence.
The case of “Jurnal de Chisinau” newspaper confirms one more time that in Moldova it’s a long way from creating the law to implementing it.
The mass media Nonguvernametal organizations are requesting from Moldavian authorities and Justice to ensure a literally respecting of rights of expression and to fast to make artificial difficulties for press form R. of Moldova.
Independent Journalism Center
Independent Press Association
Electronic Press association
“Acces-Info” Center
Center of Journalistic Investigations
Young Journalist Center
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