Moldovan people feel let down by Europe

EU Reporter continues to investigate the situation in Moldova, one of Europe's poorest countries, situated between EU and NATO members Romania and Ukraine. A strategic location, it cannot be ignored, with both Europe and Putin wanting it under their influence and control.

The present situation in the country is described as being critical and the country’s chances for EU accession as poor. One of the main obstacles in the way to the EU membership is alleged to be the only real power in the country, Vladimir Plahotniuc (pictured). He has allegedly seized control of the court system, law enforcement bodies and General Prosecution to conduct 'raider attacks' on Moldovan businesses and individuals, illegally seizing assets by means of false criminal prosecutions as well as stealing state budget assets and EU financial aid.

One man leading the campaign to restore Moldova to normal freedoms and justice is the Moldovan lawyer Andrei Năstase, who represents as advocate several Moldovan businessmen who have had their assets illegally expropriated.

EU Reporter obtained an exclusive interview with Andrei Năstase, who told us of the current situation in his country.

EU Reporter: You and Viorel Topa have collected a large dossier on the alleged criminal activities of Vladimir Plahotniuc. Do you think it is possible to use those documents and information to file a criminal case against him?

Andrei Năstase: All the information collected by us is essential, especially for Moldovan prosecutors, because most of Plahotniuc's criminal wrongdoings were committed inside Moldova – raider attacks, expropriations, massive money laundering and many other crimes. But there are also international connections to be investigated. For instance, in the case of money laundering, the amount of money that came through Moldova exceeded €20 billion – this information must be considered by all law-enforcement bodies, all over the world who are concerned with this situation.

However, as long as the Prosecutor General is under the control of Plahotniuc, filing criminal cases against him in Moldova is absolutely futile. Our multiple attempts were rejected, although we have presented irrefutable evidence. To properly investigate crimes perpetrated by Plahotniuc, the public prosecution and the judiciary should be independent, which is not the case in modern Moldova.

Is there any chance of using courts outside of Moldova, such as the European Human Rights Court or an international criminal court, anything like that?

As far as the European Court of Human Rights is concerned, the big victims of raider attacks perpetrated by Plahotniuc, Viorel Topa and Victor Topa, have filed their applications and the cases are pending. I know that many others have filed too. But this Court will not judge the specific perpetrator, it will only judge and condemn the whole country, so the Moldovan people will have to pay damages and support the consequences of this High Court's rulings, and not the perpetrator.

As concerns international criminal courts, in my opinion, they have to be duly notified by the EU or EU's organizations, which avoid to react so far. 

So, in what way might it be possible to attract the attention of EU officials who deal with Moldova on the Association Agreement and things like that to appraise them of the critical situation of a company that has been captured by Plahotniuc?

We have informed the EU and its structures. And all my active colleagues from the civil society have also notified all European and American bodies concerned. And we did this publicly as well. I can give you one example as regards the raider attacks of 2010-2011, committed by Plahotniuc: I have informed all structures concerned; I have submitted detailed description; I have attached all supportive evidence. I have also notified the international bodies about massive money laundering. In 2014, I published my memo to all concerned institutions and submitted evidence that proves Plahotniuc's involvement. Everyone knew about this, but no action has been taken.

So, can we be clear then, the EU knows about it, but is ignoring it?

One thing I can tell you for sure, they know about this. It is rather suspect that the EU is still hesitant to react, although they are well informed for more than five years. They say the EU is turning the blind eye on that because of some "geopolitical reasons", but the EU must also notice that its reputation has been severely affected in the eyes of Moldovans.

So, let me just be clear then, there is a massive amount of EU money going to Moldova, which is being laundered and stolen by one man?

I think it wouldn't be right to say that it is all technically performed by one man. We can tell for sure that Plahotniuc unipersonally controls all branches of power in Moldova, including the Prosecutor General's Office, the judiciary, the National Anticorruption Centre, other state agencies without which neither the theft of one billion euros, nor the massive money laundering would be possible. The whole political establishment is also involved in this crime of the century, and is also under Plahotniuc's control. Therefore in Moldova nobody doubts that he is the main beneficiary of the stolen money and other massive scams, like money laundering. The other participants are acting at Plahotniuc's command, for fees and bribes, but nobody else in Moldova can organize and fulfil thefts on such scale, when the key state institutions are accomplices.

So what can be done, what would you propose should be done to make Europe and the US finally realize the tragedy of Moldova and liberate the people from the tyranny of this man?

The Secretary General of the Council of Europe reconfirmed that Moldova as a captured state. However I don't think that all of Europe realizes the magnitude of the tragedy in Moldova. Plahotniuc is a sort of Yanukovych for Moldova. I have recently sent a letter to European bodies, asking them to impose sanctions on Plahotniuc and his acolytes, to freeze their accounts and assets in the EU and USA, to make them persona non grata. The EU and USA proceeded in a similar situation with the Ukrainian and Russians oligarchs. Enforcing sanctions is unavoidable, and the sooner the EU is going to react, the better for the Moldovan people, the more stolen funds can be recovered.

How can you do that?

The stolen money is traceable up to the final account. For this we need the cooperation with the international law-enforcing institutions. We have enough evidence to start investigations, which will result in indictments, but we cannot do it instead of the authorized agencies. Plahotniuc has to be brought to justice, on European level.

How many people have to live in exile or fear until that happens?

Yes, there are many innocent people who had to flee their country to escape reprisals commanded by Plahotniuc. People are expecting that Plahotniuc will be arrested one day. This will mark the beginning of democratization in Moldova, whereas he subjugated the entire country. The EU ex-commissionaire Fule stated that Plahotniuc privatized the state institutions and uses them as weapons. It is similar to Yanukovych in Ukraine.

It is not the same, but quite recently the Americans, the FBI, have arrested most people in the FIFA football federation, as you have probably heard, because they said they deserved jurisdiction because most of the money had been laundered into dollars. Is there any chance of involving the Americans?

If it was possible with FIFA, it must be possible with Moldova. We need to make a public appeal to the whole world, to the Americans, to the EU, to react to the situation in Moldova, to investigate the crimes and to find the stolen money, including the funds from the EU and US financial support for Moldova. The Moldovan prosecution will do nothing as long as it is under Plahotniuc's control, therefore the only who can act efficiently are the international institutions. Why can't we use FIFA example with Moldova?

Can I ask you about the British, European and Scottish courts? Would there be any possibility to progress with this approach, or with Interpol? What would be the situation there?

English and Scottish Courts' decisions are crucial for this case, because they have proven that Plahotniuc is the beneficiary of the stolen money and assets. Based on their decisions, our Prosecutor General's Office was supposed to commence criminal cases against Plahotniuc, but they never did it. They have all these decisions, but they have never followed them up. Because they cannot act against their master. Our requests and notifications have been there since 2010, but they have done nothing.

Plahotniuc has been under the Interpol's monitoring for participating in criminal organizations and for money laundering since 2007. But Interpol has to communicate with Moldovan authorities, with the Prosecutor General's Office of Moldova. In this specific case, it is identical to communicate with Plahotniuc himself, with the one being monitored.

There is a simple thing that should be done – first and foremost, we need to change the Prosecutor General so that he or she be independent, we need to oust the one who is controlled by Plahotniuc, Corneliu Gurin, and put in his place an independent Prosecutor General, and then things will start to move in the right direction. We have even suggested that the Prosecutor General be from the EU.

In Moldova, the Prosecutor General is being appointed or dismissed by the Chairman of the Parliament. Who is the Chairman of the Parliament? The godson of Plahotniuc, Andrian Candu.

There are many people ready to fight, but there are also a majority who fear Plahotniuc. Anyone can be arrested and jailed. Plahotniuc also dominates the media. More than 80% belong to him. With such a media force, he can turn any of his opposers into criminals. As concerns my clients, Victor Topa and Viorel Topa, after Plahotniuc stole their shares in the banks, he fabricated criminal cases against them, and they had to flee the country. All the media owned by Plahotniuc immediately declared them as being criminals.

Do the democratic platforms, the DA, anything like that, do they have any chance of removing Plahotniuc?

Yes, the DA (Dignity and Truth) platform clearly sees the main problem of Moldova, which is Plahotniuc and his gang. So do other independent platforms, but also all Moldovan citizens. Many of them are really ready to fight against Plahotniuc and his system, to destroy his buildings and even to launch a revolution.

What will be the spark that may make that happen?

The DA is a civic platform which seeks a peaceful resolution. We have set forth a list of our conditions, comprising the liberation of the state institutions from Plahotniuc and his appointees, the dismissal of the heads of the Prosecutor General Corneliu Gurin, the General Director of the Anticorruption Centre Viorel Chetraru, the Chairman of the Supreme Court of Justice Mihai Poalelungi, and the others from the state institutions which proved their complicity with Plahotniuc. But in the same time we seek to consolidate decent people and create a good alternative to the current governance, because today people have no political party to vote for. I believe that with people with integrity and high morality, we will succeed. We have no other way out.

The people of Moldova are ready, they are ready for a revolution. But we have to also realize the risks, that will emerge out of this. Now we want to create a party and make this revolution take hold. We want to gain political power inside the parliament, and we will hold the president of the country to account, not through parliament but through a general election.

Also, we are currently collecting signatures for a referendum, to hold an election for the president of the country by general election. Now the president of the country is elected in the Parliament, not by direct people's vote.

Do you fear a Maidan?

We hope that we can achieve everything peacefully – our maidan could have happened in September, 15 September this year, or on 4 October, we had quite a spark on 4 October. On 4 October, people wanted to enter and destroy Plahotniuc's buildings. However, we hope to avoid a Maidan, although people are hard to stop. I think the European Union is aware of how critical and explosive the situation in Moldova is.

Do you feel that Europe has let Moldova down then, because ostensible it suits to have pro-European people, rather than pro-Russian people in charge?

I would say yes, because you see we have no other feedback from the EU. It is clear to everybody that everything will develop in the right direction if Plahotniuc is gone.

And I see no reason to call the current Moldovan governance "pro-European", as all they have done during the last five years is profoundly anti-European. Please do not confound their demagogy with their deeds. If there is a real force, which pushes pro-Russian parties to power and associates the EU with the disaster in Moldova, it is surely the current governance which calls themselves "pro-Europeans".

So, what is the message that you want to get across to our readers and the citizens of Europe?

I want to say only one thing – I want the EU to support the Moldovan people, not the Moldovan corrupt and criminal governance.

We have managed to organize this protest movement, the DA platform, which is now running for the third consecutive month, using people's enthusiasm and pocket money for organizational needs. But the Moldovan people also need to hear messages of support from Europe, and also clear messages of the EU dissociation from the corrupt crooks at power in Moldova.

History has examples of getting rid of odious leaders – do you think there is a political will in Europe to get rid of Plahotniuc?

Some of the high-ranking EU officials have already pointed at Plahotniuc as the main problem Moldova has to get rid of. Even if they are stating it in their diplomatic language. There is more and more such political will. However, it is not yet enough. I believe that Plahotniuc will not last for much longer, there is very little time left for him. But to get rid of Plahotniuc, we still need clear messages from the EU and USA – that they do not support such a ruler, that they support the Moldovan people, they support their right to live normal, decent lives; a clear message that the EU is on the part of the people of Moldova rather than on the part of their oppressor.

Do you think therefore that the EU will have to admit it was wrong?

I do not know if the EU has to admit it was wrong. What the EU has to do is to react, to stop ignoring the Moldovan realities. People in Moldova must see that neither Plahotniuc and his entourage, nor their crimes (such as the theft of €1 billion) are supported by Europe, that Plahotniuc and his gang are not welcome in Europe.

So the story really is that the Moldovan people feel let down by Europe?

Yes, sure, Moldovan people feel let down by Europe. In 2009, 73% were pro-European, and now 63% are against and only 37% for.

If Plahotniuc were to go, would you be happy to see him go into the distance with all his money, or would you want him brought to justice?

He should be brought to justice, definitely, pay back all the stolen money and restore assets, give them back to the people and be liable for his crimes. I know that Plahotniuc humiliated our state, humiliated Moldovan people, persecuted and tortured them, therefore he should be held accountable for what he has done.

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