Moldovan police forces operate in riot gear during a protest organized by a Moldovan member of parliament on behalf of the "Sor" opposition party in Chisinau on March 12, 2023

Moldova: New definition of high treason passed by parliament threatens freedom of expression

Reacting to news that Moldova’s parliament has passed amendments to the country’s Criminal Code which redefine “high treason,” Veaceslav Tofan, Executive Director of Amnesty International Moldova, said:

“The amendment to Moldova’s Criminal Code adopted by the parliament is alarming. The broadened definition of high treason is vague and open to abuse, posing a particular threat to the right to freedom of expression. This new definition of high treason could be used to target political dissent and critical voices under the guise of countering malevolent foreign influence. Worryingly, this law risks criminalizing views and opinions that should be protected under international law.

This new definition of high treason could be used to target political dissent and critical voices under the guise of countering malevolent foreign influence

Veaceslav Tofan, Executive Director of Amnesty International Moldova

“We call on the parliament to repeal this legislation and urge the President not to sign it into law. The Moldovan authorities must ensure that any law that restricts the right to freedom of expression, as well as any measures to implement legislation in the interest of national security, meets the requirements under international human rights law of legality, legitimacy, necessity and proportionality, as well as conforming the principle of non-discrimination.”

Background

On 30 May, Moldova’s parliament approved the latest proposed amendments to the country’s Criminal Code in the second, and final, reading. This legislation will be enacted as soon as it is singed by the president.

The proposed amendments to the Criminal Code were made public on 24 May by the ruling “Action and Solidarity” (PAS) party, representatives from the Security and Intelligence Service, the General Prosecutor’s Office and the Ministry of Justice. According to the proponents of the law, the amendments aim to address what is described as “treason during peacetime”, extending the legal definition of the crime and its scope, which currently applies only during wartime, and removing the requirement that such actions must cause direct harm to the state.

The amendment also introduces an additional type of “high treason”, consisting of assisting a foreign state, foreign organization, undefined “unconstitutional entity”, or their representatives, in carrying out “hostile activities against the security of the state” including “through disinformation campaigns.”