Home > 1.1.3 Submission of candidatures > REPUBLIC OF MOLDOVA - Joint Follow-up Opinion to the Joint Opinion on Amendments to the Electoral Code and other Related Laws Concerning Ineligibility of Persons Connected to Political Parties Declared Unconstitutional
 
 
 
Download file    
 
 
Paragraph 41
 

As ruled by the European Court on Human Rights, there is a violation of Article 3 of Protocol 1 to the ECHR in the event a restriction is applied to the right to be elected without sufficient and relevant evidence. Despite the improvements brought by the new amendments which apparently individualise the measure, the possibility to apply ineligibility to “suspected, accused or indicted” persons is too broad, because the restriction on political rights can be applied without sufficient evidence of the implication of the persons concerned in the commission of the acts that led to ineligibility. Deprivation of the right to stand for election of persons not yet convicted could be legitimate and proportionate only in exceptional situations, e.g., for crimes stipulated in the Rome statute of the International Criminal Court.