PROSECUTOR FINES MENORAH-PROTESTING

C O N F I D E N T I A L CHISINAU 000023

SIPDIS

STATE FOR EUR/UMB, DRL/AE, DRL/IRF, INL-JCAMPBELL
JUSTICE FOR OPDAT-CNEWCOMBE

E.O. 12958: DECL: 01/14/2020
TAGS: PREL PGOV PHUM KIRF PINR KDEM MD
SUBJECT: PROSECUTOR FINES MENORAH-PROTESTING
PRIEST, RE-OPENS INVESTIGATION

Classified by: CDA Marcus Micheli for reasons 1.4
(b) and (d)

REF: 09 Chisinau 0958


1. (C) SUMMARY: In a January 12 meeting with the
Charge, Prosecutor General Valeriu Zubco argued
that Moldovan law gave him no choice but to fine,
rather than charge with a crime, the Orthodox
priest who desecrated the Jewish menorah on
December 13 (reftel). However, based on a
previously unconsidered article in the Criminal
Code sanctioning "deliberate actions...aimed at
inciting national, racial, or religious hostility
or discord," Zubco's office has reopened its
investigation, while the Ministry of Justice
continues to examine whether to deregister the NGO
headed by the priest. The GOM, which quickly
condemned the incident, has pressed the Moldovan
Orthodox Church (MOC) to take steps to sanction
the priest. END SUMMARY.

"No Violence and Destruction, No Crime"
--------------


2. (SBU) We met with Prosecutor General Zubco the
day after his office announced that it was fining
Anatolie Cibric, the priest who led the anti-
Semitic demonstration against the menorah, 600 lei
(the equivalent of about $50). While noting the
immediate public condemnation by the Acting
President, Prime Minister, and Minister of
Justice, among others of the anti-Semitic
incident, we stressed to Zubco how important it
was that the GOM take this case seriously.


3. (C) Zubco introduced Vasile Pascari, the
prosecutor in charge of the local prosecutor's
office dealing with the case. Pascari said that
the police officers had recommended that only
administrative action be taken, and the
prosecutor's office had agreed after their
investigation. Both Pascari and Zubco stressed
that the crucial issues under Moldovan law were
that the menorah was not physically destroyed and
that no violence was used by the demonstrators.
Showing photographs taken during the
demonstration, Zubco emphasized that that the
menorah had been dismantled (not destroyed) and
transported to another site peacefully. He also
stressed that, without the destruction of the
menorah, which would have qualified for the
criminal offense of vandalism, and without
evidence of intent to destroy and incite to
violence, no Moldovan court would support a
conviction under Moldova's Criminal Code.


4. (C) Zubco said that therefore, based on these
facts, the PGO was only able to charge Cibric
under a statute in Moldova's Administrative Code
dealing with "the violation of religious
sentiments and the profanation of an object of
religious reverence." Zubco said his office had
imposed the maximum possible fine (600 lei),
which, while not much for an American, was for
many Moldovans the equivalent of a month's pay.
Cibric already was appealing his fine, he added.
Zubco also noted that he had discussed aspects of
the case with the ministers of Justice and
Interior. He also said that the Minister of
Interior was investigating the fact that police
officers had stood by when the demonstrators
removed the menorah.

Zubco Says Priest's NGO Being Investigated
--------------


5. (C) Zubco also stressed that the prosecutor in
the case had been in close contact with the Jewish
community, and was aware that the story would have
"echoes" in Washington during the upcoming visit
of PM Filat and Foreign Minister Leanca. He
assured us that the Ministry of Justice was now
investigating Cibric's NGO and his church, and
would shut down the NGO if it were determined to
be inciting violence. Asked whether certain
symbols could be considered incitements to
violence, he noted that the Ministry of Interior

determines on a case-by-case basis whether a
symbol or image constitutes such incitement.

Foreign Minister Regrets Inadequacy of Moldovan
Law
-------------- --------------


6. (C) In a January 13 meeting, Deputy Prime
Minister and Minister of Foreign Affairs Iurie
Leanca emphasized to Charge that the GOM strongly
condemned the December 13 incident and was
committed to preventing repeats. He said he
understood that the 600 lei fine would be heavily
criticized and agreed that the punishment did not
fit the seriousness of the incident.


7. (C) However, Leanca said, per the PGO, the GOM
was constrained by weak Moldovan laws in this
area. This inadequacy would need to be addressed.
Leanca added that the GOM had reached out to the
Jewish community, and that the investigation by
the Ministry of Justice was continuing. He also
said that the GOM had contacted the Moldovan
Orthodox Church (MOC),urging its leadership to
take steps to rein in Cibric. (Note: In a
December 18 website posting, the MOC stated that
it disagreed with the methods used in the December
13 protest, but considered that it was inopportune
to place a Jewish symbol in a park named for King
Stephen the Great, who is a saint in the MOC, and
during a holiday -- Chanukah -- that celebrates
the victory of Jews over non-Jews. End note.)

Prosecutors Reconsider Case
--------------


8. (C) Shortly after this January 13 meeting, we
found Article 346 of the Moldovan Criminal (as
opposed to Administrative) Code, which states that
"deliberate actions...aimed at inciting national,
racial, or religious hostility or discord...shall
be punished by a fine...or by community service
for 180 to 240 hours, or by imprisonment for up to
three years." When we contacted Prosecutor
Pascari later that day, he seemed surprised and
conceded that he had not considered this Article -
- he repeated that he and his colleagues had
reviewed the case only on the basis of what the
police had presented. He did note that, in light
of our January 12 meeting, Zubco had ordered him
to initiate an additional review of the Cibric
case, and said he would review Article 346. (Note:
We also sent the Article to contacts in the MFA
and the Prime Minister's office.)


9. (C) We contacted Pascari again on January 14.
Pascari said that, as a result of their
reevaluation of the case, the PGO had reopened its
investigation of Cibric's statements and actions,
as well as those of his associates, to determine
whether charges could be brought under Article

346.

Jewish Community Divided
--------------


10. (C) We also contacted representatives of the
Jewish community for comment. Chief Rabbi
Abelski, head of the Orthodox synagogue in
Chisinau, told us on January 13 that he had not
been following developments, and while condemning
Cibric's "barbaric" act, he also stated his
disapproval of the "non-religious Jews" who had
"acted irresponsibly and chosen the wrong place"
to install the menorah. He refused comment on GOM
actions or any aftermath of the December 13
incident.


11. (C) Alexander Bilinkis, co-chair of the
Association of Jewish Organizations
(www.jewish.md) and one of the organizers of the
menorah dedication, told us on January 14 that he
was unhappy with the GOM decision, but even
unhappier with the MOC, which took no measures
against Cibric. Bilinkis praised Minister of
Justice Alexandru Tanase as a strong supporter of
the Jewish community, but conceded that under
Moldovan law it would "not be easy" for Tanase's

Ministry to deregister Cibric's NGO.

Comment
--------------


12. (C) While Moldovan law may well turn out to be
inadequate in addressing hate crimes such as the
December 13 incident, the lack of awareness of
Article 346 appears to highlight the lack of
institutional capacity of the Prosecutor General's
Office. We are heartened by the GOM's strong
condemnation of the incident and by the fact that
the investigation into Cibric has resumed (and
also by the fact that Cibric's NGO recently
disassociated itself with the priest, suggesting
that the organization is feeling the heat from the
authorities.) We will continue to urge the GOM to
address the issue, including by amending
legislation if needed, and are developing
proposals to improve prosecutorial capacities.

Micheli