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Mihai Calestru And Oleg Savenkov As Members Of A Minority Religion Jailed In Moldova: Position Of The Defense

  • Publicat de  Nikolaus Beutl

1. Oleg Savenkov and Mihail Calestru, as members of the religious organsiation known as the Unification Church from 2008 to the present, acted in strict accordance with the provisions both of the Charter of the Unification Church and of the church’s internal rules numbers 1.9; 2.5, 3.2, 5.4, which imply spiritual development, acceptance and collection of donations for the church and voluntary activities in accordance with the provisions of the law, including Article 31 (freedom of religion) and 33 (freedom of expression of opinion) of the Constitution of the Republic of Moldova.
2. The actions of Oleg Savenkov and Mihail Calestru show no ”Corpus Delicti” of the alleged crime, namely they lack the necessary objective and subjective elements, and there is no causal relationship between actions complained of and their alleged results. We believe that the term "criminal group" is used intentionally to aggravate the charge that has in fact been fabricated, because the religious organisation known as the Unification Church was registered with the Ministry of Justice in 2008 and operates according to and respecting the law. In terms of the Criminal Code, there are none of the elements of an organized criminal group such as purpose, structure, roles, criminal activity and stability.
3. Also, Mihail Calestru, during the period in question (2008-2015) was actively involved in the public life of the country, conducting projects for peace, promoting family values, inter-religious dialogue, summer schools etc. Oleg Savenkov, being in the country since 2014 to 2015, participated in the church activity, in projects to clean parks and social assistance to
4. We believe that the reason for criminal proceedings stems from the fact that certain former members of the religious organization known as the Unification Church who were expelled from membership of the Church for various actions contrary to the statutes and rules of the Church (minutes of exclusion) appealed to the law agencies for cessation of the activities of the Church, its liquidation and reorganization under a different leadership.
What was done by members following Hyung Jin Nim in Moldova? They wanted that the activities of the church to be stopped and the existing organization to be removed and then to be reorganized under another (their) leadership.

5. Having learned of the arrest of two members of the church, Mihail Calestru and Oleg Savenkov, three of the five members of the original complainants regretted what they had done and are ready to rescind their statements because they acted under the psychological influence of the Valeriu and Elena Guzun family, who are intent on exacting revenge against members of the Unification Church. This is confirmed by statements by 3 former members of the church to the prosecutor, Aliona Bucuci, in which they confirm they have no claims against the arrested.

This means that 3 supporters of Sanctuary Church in Moldova have officially repented for what they have done.

6. We believe that the state, through the agency of the police service, illegally and directly intervened in the religious organisation known as the Unification Church, thus seriously violating Article 31.33 of the Constitution of the Republic of Moldova, as well as Article 9 of the ECHR. As a result, the Republic of Moldova stands liable to sanction by the European Court of Human Rights.
7. In the absence of an objective investigation, the defendants face terms of imprisonment of from 10 to 20 years. These sanctions would be supplemented by the enforced disbanding of the Unification Church.

This means of course that not only the brothers will have to remain in prison but also our church activities in Moldova will be forbidden which will definitely have a negative influence for our work in other formerly communist countries, especially Russia.

8. Decision: To seek the immediate intervention of embassies of foreign governments and of international organizations as being necessary in order to monitor law enforcement activities and ensure respect for constitutional rights.
9. Action: To distribute necessary information about and draw attention to the case through diplomatic channels, and through the media — To seek to ensure observance of the fundamental rights of individuals and members of the Unification Church, through formal appeals, press conferences, publications, etc.

Non-members like the author of the here quoted statement understand the need to mobilize international help.

Article 31 of the Constitution of the Republic of Moldova reads as follows: ”Freedom of conscience is guaranteed. It should be manifested in a spirit of tolerance and mutual respect. Religious groups are free to organize themselves according to their own statutes and in accordance with the law. In relations between religious faiths any manifestations of hostility shall be prohibited. Religious groups shall be independent and separate from the State and enjoy its support, in particular, in providing religious assistance in the army, hospitals, prisons and In Article 31, the Republic of Moldova declares itself to be a secular state, and a state that respects the right to freedom of conscience and ensures religious freedom and religious autonomy without discrimination of any kind. This means that the law must be applied in compliance with these constitutional provisions.

European Convention on Human Rights Article 9. Freedom of thought, conscience and religion:
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom to manifest his religion or belief, either alone or in community with others and in public or private, in worship, teaching, practice, and performance of religious and ritual ceremonies.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, public order, health or morals, or for protection of the rights and freedoms of others.

Original Letter by Nikolaus Beutl

Ultima modificare: Joi, 28 Ianuarie, 2016, 15:43:01
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