VZCZCXYZ0316
RR RUEHWEB

DE RUEHCH #0620/01 2190715
ZNR UUUUU ZZH
R 070715Z AUG 09
FM AMEMBASSY CHISINAU
TO SECSTATE WASHDC 8254

UNCLAS CHISINAU 000620 
 
SIPDIS 
 
STATE FOR INL/AAE (JUDITH CAMPBELL), DS/IP/EUR, EUR/ACE, G/TIP, 
EUR/UMB 
 
E.O. 12958: N/A 
TAGS: SNAR KCRM ASEC EAID MD
SUBJECT: FY2009 Project Proposals for INL Law Enforcement 
And Criminal Justice System Development Projects - Chisinau 
 
REF:  SECSTATE 53341 
 
¶1. Summary:  Post believes the best use of FSA/INL funds for law 
enforcement in Moldova will combine technical and training 
assistance 
to strengthen institutional as well as individual capacities.  This 
 
cable outlines a program for using FY2009 funds to provide an array 
 
of projects for the Government of Moldova (GOM).  This assistance is 
 
designed to improve the ability of the Moldovan criminal justice 
sector to competently investigate and prosecute public corruption, 
financial crimes, trafficking in persons, and other serious crimes 
while adhering to international standards for due process at all 
stages of the proceedings.  Additionally, these funds will 
complement 
existing Embassy programs focusing on trafficking in persons, and 
will help develop basic police capabilities in Moldova.  Law 
enforcement capacity development will be complemented with 
consultative guidance to improve Moldova's criminal code and 
criminal 
procedure code, along with basic and continuing legal education to 
raise the professionalism of investigators, prosecutors and judges. 
 
Post requests INL concurrence for the use of $1,380,000 for projects 
 
as outlined in this message.  End summary. 
 
Title/Estimated Cost/Priority 
----------------------------- 
 
¶2.  Title, cost, and priority are as follows: 
 
--Title:  Resident Legal Advisor (RLA) Project 
 
--Estimated Cost:  $755,600 
 
--Priority:  Priority one out of four projects 
 
Background to the Request 
------------------------- 
 
¶3. The Department of Justice's Office of Overseas Prosecutorial 
Development, 
Assistance and Training (OPDAT) undertook this program in Moldova in 
 
late FY03, placing the first Resident Legal Advisor (RLA) at the 
U.S. 
Embassy in Chisinau.  To support our Embassy's MSP priorities, the 
RLA will continue to assist Moldovan legal and law enforcement 
communities in areas that have been identified as the highest 
priorities.  This includes reforming and building capacity of the 
Procuracy (Prosecutor General's Office--PGO), both directly and 
through the National Institute of Justice, to ensure the Procuracy's 
 
effective oversight of investigations and prosecutions of public 
corruption, trafficking in persons and other complex crimes such as 
 
money laundering and cybercrime, which often span international 
borders. 
 
Reform and Support of the Prosecutorial Service 
--------------------------------------------- -- 
 
¶4. The Moldovan Procuracy continues to be beset by vestiges of its 
Soviet past.  Nevertheless, there are some hopeful signs for 
progress.  The July 29 parliamentary elections have transferred 
majority control from the Party of Communists to a coalition of 
non- 
Communist parties that will seek to reform the Prosecutor's 
General's 
Office.  Previously, in March 2009, the Parliament passed a new law 
 
on the Prosecutorial Service which provides a solid basis for 
building greater capacity and strengthening the role of the 
Procuracy.  Some of the main features of this law include: expanding 
 
the role of prosecutor in witness protection decisions; giving 
prosecutors a more active role in overseeing pre-trial detention and 
 
compliance with human rights obligations; changing the selection 
process for candidates seeking jobs as prosecutors, making the 
majority of positions subject to competitive selection through the 
National Justice Institute rather than directly through the PGO; 
expanding the role of Procuracy in developing anti-crime strategies 
 
and formulating new legislation; creating the Superior Council of 
Prosecutors (analogous to the Superior Council of Magistrates) which 
 
will be responsible for the administration and management of the 
Procuracy, including oversight of the Disciplinary Board; and 
mandating continuing legal education for prosecutors in the amount 
of 
40 hours a year.  These expanded responsibilities have prompted the 
 
Prosecutor General to request assistance in implementing the new 
law. 
Such assistance is crucial, especially in view of recent reports 
revealing "widespread" ill-treatment of detainees by police (UN 
Special Rapporteur's Report dated 12 February 2009) and a finding 
that "the problem of ill-treatment" of detainees by police is 
"neither new nor unknown" (Report by Commissioner for Human Rights 
of 
the Council of Europe, dated 17 July 2009). 
 
¶5. The RLA will assist the Prosecutor General's Office in 
implementing the new law.  This project will have particular 
significance if the new government makes personnel changes in the 
Prosecutor General's Office, as is anticipated.  The RLA will also 
work with Moldovan authorities to ensure Moldova's compliance with 
international norms under treaties such as the International 
Covenant 
on Civil and Political Rights, the UN Convention against Corruption 
 
and the UN Convention on Transnational Organized Crime (including 
its 
Protocols on Trafficking and Smuggling of Persons).  Such reforms 
may 
include harmonization of laws as well as adjustments in 
institutional 
structures and practices regarding, for example, pretrial detention 
 
and plea bargaining. 
 
Corruption and Financial Crime 
------------------------------ 
 
¶6. Moldova is plagued by extensive and systemic corruption that 
threatens its continued development and, ultimately, the 
establishment of a viable democratic system with a fully functioning 
 
market economy.  A 2009 survey regarding corruption levels in 
Moldova 
reported that the public perceived policemen, customs officials, 
prosecutors and judges to be among the top five professions most 
likely to be involved in corrupt practices.  The absence of 
appropriate transparency and accountability within government bodies 
 
in Moldova, particularly within law enforcement, hinders 
effectiveness and further perpetuates corruption.  To combat its 
acute level of corruption, 
Moldovan legal and law enforcement professionals must develop 
modern 
methods of investigation and prosecution and establish new roles and 
 
responsibilities for members of the procuracy, judiciary and defense 
 
bar. 
 
¶7. The Center for Combating Economic Crimes and Corruption (CCECC or 
 
the Center), created in 2002, reports directly to the Prime Minister 
 
rather than  to the Ministry of Interior (MOI) or the Prosecutor 
General.  The Center has a full complement of investigative and law 
 
enforcement powers; prosecutorial authority is carried out by the 
specialized Anti-Corruption Office which is co-located with the 
CCECC.  Under the auspices of the Millennium Challenge 
Corporation/Threshold Country Plan, an RLA was assigned to work with 
 
the CCECC on a number of initiatives designed to improve the CCECC's 
 
effectiveness.  Key components included reorganization, changes in 
hiring and retention practices, establishment of a civilian 
monitoring board, and creation of a proactive system to detect 
corruption. 
 
¶8. The project's conclusion in early 2009 has now left a gap in 
technical assistance to the CCECC.  The RLA will carry on with these 
 
efforts to ensure sustainability. Based on the results of these 
projects and prior RLA initiatives, the RLA will develop and conduct 
 
appropriate training programs for investigators, prosecutors and 
judges to improve their capacity to handle increasingly complex 
cases 
of public corruption and financial crime.  These training programs 
will have greater impact with a more reform-minded government in 
 
place. 
 
Trafficking in Persons 
---------------------- 
 
¶9. Moldova is a source, and to a much lesser extent, a transit and 
destination country for young girls and women trafficked for the 
purpose of sexual exploitation and men trafficked for labor.  As a 
state party to various European and international instruments, 
including the UN Convention against Transnational Organized Crime 
(UNTOC) and its Trafficking Protocol (which Moldova ratified in 
November of 2005, in part as a result of the work of the RLA 
program), Moldova is obligated to implement laws and procedures to 
address these serious crimes.  Indeed, it continues to be under 
great 
pressure from the U.S. and other international donors to demonstrate 
 
concrete progress in combating trafficking, or risk losing 
substantial non-humanitarian foreign aid. 
 
¶10. Although the Criminal Code was revised in summer 2002 to address 
 
trafficking in persons (TIP) and related crimes, inexperience 
hinders 
its implementation.  Judges, prosecutors and law enforcement 
officers 
continue to lack the proficiency to investigate, prosecute, and 
adjudiate complex transnational crimes such as trafficking in 
humans.  Accordingly, a continuing focus of the RLA will be helping 
 
improve Moldovan capacity to address and punish trafficking crimes. 
 
This will entail expanding the capacity of Moldovan officials to 
cooperate with their counterparts across international borders both 
 
in exchanging information and in protecting and repatriating 
victims. 
 
¶11. In implementing these projects, the RLA will also continue to 
coordinate closely with other USG and international assistance 
providers, as a way of maximizing the effectiveness of 
justice-sector 
assistance programs operating in Moldova. 
 
Goals 
----- 
 
¶12. As noted above, the RLA program will focus its assistance 
efforts 
on 
helping the GOM to modernize and strengthen the Prosecutorial 
Service, and continue efforts to combat trafficking in persons and 
public corruption.  The RLA will also encourage related anti-money 
laundering and criminal procedure reform.  Specifically, the RLA 
will 
develop training programs aimed at preparing prosecutors to be 
better 
able to successfully handle cases of public corruption, human 
trafficking and other serious crimes such as money laundering.  The 
 
RLA will encourage Moldovan authorities to undertake legislative 
reforms, such as criminal procedure amendments, to enhance such 
investigations and prosecutions.  These efforts directly reflect and 
 
support our Mission Strategic Plan (MSP) goals of strengthening the 
 
rule of law, reducing corruption, improving the business climate, 
and 
promoting Moldovan preparedness for European integration 
 
Project Description 
------------------- 
 
¶13. Project Component #1: Support for Reform of the Prosecutorial 
Service: 
 
--The RLA, along with other experts, will provide technical 
assistance to the Prosecutorial Service to help streamline the 
structure of the Procuracy in order to suit a more adversarial 
criminal process.  This will include consulting and advising on 
institutional development of the various components of the 
Prosecutorial Service, including the newly formed Superior Council 
of 
Prosecutors. 
 
--The RLA will provide training to encourage the use of plea 
bargaining; develop cooperation in international legal assistance; 
develop an internship program for new graduates of the National 
Institute of Justice (NIJ) that will strengthen the capacity of the 
 
 
Procuracy as an institution while also improving the skills and 
professional development of its prosecutors.  Initiatives such as 
these will benefit the prosecutorial process by increasing its 
efficiency and effectiveness, and will give prosecutors tools needed 
 
to help develop more complex cases by facilitating the cooperation 
of 
co-defendants and co-conspirators in cases that are especially 
complex, or that involve multi-layered criminal organizations.  A 
key 
emphasis of this assistance will be to develop a core group of 
highly 
capable Moldovan trainers to ensure long-term sustainability. 
 
¶14. Project Component #2: Support for Combating Public Corruption 
and 
Financial Crime: 
 
--The RLA will work with Moldovan law enforcement and the CCECC to 
provide timely and effective expert legal assistance aimed at the 
use 
of anti-corruption investigative tools and strategies.  As needed, 
the RLA will work closely with other partners to help the GOM 
implement the National Anti-Corruption Strategy and Plan. 
 
¶15. The RLA's proposed support for anti-corruption efforts will 
consist of a three-pronged approach, designed to increase the 
capabilities of the GOM to pursue corruption cases: 
 
--Based on past initiatives and experience, RLA will provide 
training 
to strengthen investigative and prosecutorial capacity to pursue 
corruption cases successfully.  Practical workshops will address the 
 
fundamentals of investigating and prosecuting public corruption, 
including effective criminal procedure tools, 
prosecutor-investigator 
teamwork, and trial advocacy skills. 
 
--The RLA will assist GOM officials in implementing laws aimed at 
improving the prevention, detection and prosecution of corrupt 
practices; if needed, RLA will assist in drafting changes to 
existing 
laws. 
 
--The RLA will provide guidance on anti-money laundering tools such 
 
as asset forfeiture initiatives. 
 
¶16. Project Component #3:  Enhancing Capacity to Combat Trafficking 
in Persons: 
 
The RLA's anti-TIP program follows a three-pronged approach designed 
 
to increase the capabilities of law enforcement to pursue 
trafficking 
cases successfully: 
 
--The RLA will continue to develop targeted, technical assistance 
for 
judges, prosecutors and investigators on TIP, including training 
that 
emphasizes education, sensitivity and skills development.  This 
program will be directed at regional TIP prosecutors, investigators 
 
and courts, as well as central authorities in Chisinau. 
 
--The RLA will provide ongoing consultation and technical assistance 
 
to develop further the CCTIP, participating as an instructor as 
needed.  The RLA will assist the CCTIP prosecutors to integrate 
successfully into the CCTIP structure to create a task force 
approach 
to TIP.  The RLA will continue to provide guidance in the area of 
witness protection and security, addressing practical, legal, and 
legislative concerns. 
 
--The RLA will also work with appropriate legislators and policy- 
makers to make the amendments to criminal law and procedure 
legislation necessary to investigate and prosecute trafficking cases 
 
more effectively.  For example, such amendments will seek to address 
 
with greater clarity the role of the victim/witness in the process 
and to harmonize Moldovan legislation with the Government's 
obligations under international agreements. 
 
Performance Indicators 
---------------------- 
 
¶17. In view of the overlapping and interrelated nature of the three 
 
components above (reform of the Prosecutorial Service, anti- 
corruption and anti-trafficking in persons efforts), the RLA program 
 
will pursue an integrated, holistic approach in addressing these key 
 
areas.  Accordingly, the following performance measures are listed 
together instead of being separated into subcategories. 
 
--The NIJ and Procuracy develop and establish a continuing legal 
education program for prosecutors which covers the major substantive 
 
areas of criminal law as well as trial advocacy skills.  Moldovan 
trainers play increasing roles and responsibility in developing and 
 
delivering continuing legal education for prosecutors and related 
training for law enforcement officials. 
 
--Prosecutors begin to make better use of the plea bargaining law as 
 
a tool to raise its efficiency and effectiveness. 
 
--Prosecutors ensure adherence to international standards for due 
process under the relevant conventions and Moldovan law. 
 
--Moldova's witness protection system begins to function in line 
with 
the new witness protection law and this helps to strengthen 
investigations and prosecutions in TIP cases as well as other 
serious 
crimes such as corruption and transnational crime. 
 
--Regulations and guidelines aimed at countering corruption and 
money 
laundering, encouraging the use of asset forfeiture and bringing 
Moldova's legislation into line with international standards are 
adopted. 
 
--The task force approach is used where appropriate and effective 
 
for example, prosecutors integrate successfully into the CCTIP, and 
 
anti-corruption prosecutors work closely with investigators within 
the CCECC. 
 
--Moldovan law enforcement and NGOs work collaboratively with their 
 
counterparts in relevant destination and transit countries to obtain 
 
cooperation in investigation and prosecutions of TIP and other 
transborder cases, including witness and victim support and 
protection. 
 
¶F. Sustainability 
----------------- 
 
¶18. Reform of the Prosecutorial Service: 
 
By its nature, successful institutional reforms within the 
Prosecutorial Service will be self-perpetuating.  This includes 
overhauling management and administrative systems and procedures 
covering areas such as hiring and disciplinary guidelines, case 
management and professional ethics.  In addition, by introducing new 
 
courses for prosecutors covering key substantive and procedural 
topics into the curriculum of the NIJ (the official academy for 
training prosecutors and judges), these courses will become 
integrated into the regular schedule for long-term sustainability. 
 
Similarly, providing intensive study internships to select 
candidates 
of the NIJ will create a core group of highly qualified and trained 
 
professionals well versed in more modern and proactive approaches to 
 
investigating and prosecuting crime.  These individuals will be 
thoroughly equipped to pass along their substantive expertise, both 
 
in formal training sessions as well as in on-the-job mentoring of 
colleagues. 
 
¶19. Anti-Corruption/Financial Crime Components: 
 
--In February 2005, and in subsequent amendments in 2007, the GOM 
has 
supported a National Anti-Corruption Strategy and Plan that commits 
 
the Government to comprehensive reform in almost all arenas.  As a 
result of assistance from the Council of Europe, Transparency 
 
International, the Alliance of Anti-Corruption NGOs, the CCECC, and 
 
the USG, some aspects of this plan are in place, demonstrating an 
apparent commitment of the GOM to reduce corruption. 
 
--GOM leadership has shown strong interest in providing Moldovan 
legal and law enforcement officials with the tools to fight 
corruption.  Such commitment is a critical component of the effort 
to 
build a viable nationwide anti-corruption effort, and make Moldova a 
 
reliable and capable partner of the United States in the long-term. 
 
¶20. Anti-Trafficking Components: 
 
--The creation of a cadre of Moldovan expert trainers on the new TIP 
 
law as well as a cadre of legal and law enforcement TIP specialists 
 
at the CCTIP will ensure the legislation's proper and effective 
implementation over the long-term.  Continued attention to the 
refinement of anti-TIP legislation and practice, through amendments 
 
and policy review, will help overcome obstacles to effective 
enforcement. 
 
--The resources and training programs furnished by the USG in 
support 
of the CCTIP will help consolidate anti-trafficking efforts in 
Moldova as well as enhance capabilities of CCTIP personnel. 
 
Timeline 
-------- 
 
¶21. Timeline for this proposal is one year, with continuation for 
some projects expected in FY2010 and beyond. 
 
Evaluation 
---------- 
 
¶22. The RLA will continually evaluate goals and performance 
indicators for both components and will make program adjustments, in 
 
consultation with INL, as appropriate.  The RLA will report to INL 
on 
an ongoing basis. 
 
Title/Estimated Cost/Priority 
----------------------------- 
 
¶20.  Components are: 
 
--Law Enforcement Capacity Development Project 
 
--Estimated Cost:  $100,000 
 
--Priority:  Priority two out of four projects 
 
Background to the Request 
------------------------- 
 
¶21. Moldovan law enforcement bodies, in cooperation with Post, 
continue to develop their nascent abilities.  For the region though, 
 
Moldova's law enforcement entities remain under-funded, 
ill-equipped, 
and poorly trained.  The presence of organized and transnational 
crime groups in Moldova has only a tangential impact on the 
interests 
of the United States and likely is not an immediate threat to the 
stability of Moldova.  However, for the Moldovan state to mature to 
a 
level of development comparable with its European neighbors, it must 
 
significantly improve the basic capabilities of its police.  Such 
improvement, and gaining of European acceptance as a law enforcement 
 
partner, is a critical piece of Post's Mission Strategic Plan. 
 
¶22. In 2007, President Voronin called on the police services of 
Moldova to modernize in conformity with western standards.  The EU- 
Moldova Action Plan specifically called for Moldova to cooperate 
with 
regional law enforcement partners and to enhance its abilities to 
address drug problems, illegal migration issues, and border security 
 
deficiencies.  The Law Enforcement Capacity Development Project will 
 
support these EU-Moldova Action Plan items by providing the GOM with 
 
increased police technical and training assistance. 
 
¶23. In the 2000-2004 period, a DOJ-ICITAP Basic Law Enforcement 
Program provided basic police skills training, providing the 
framework from which to provide more specialized 
capacity-development 
initiatives.  ICITAP continues to move forward a 2008 a project 
involving the establishment of the first-ever forensics laboratory 
in 
Moldova.  Currently, the GOM has no facilities or 
forensics/technical 
capabilities to investigative computer and cyber crimes.  This 
project will provide Moldovan law enforcement with specialized 
equipment and training. 
 
¶24. From 2005 through 2008, the Law Enforcement Capacity Development 
 
Project delivered several training sessions in addressing money 
laundering and terrorism financing, border security and 
interdiction, 
narcotics investigations, general and border-specific explosives 
ordnance detection and post-blast investigations, cyber crime 
investigations, organized/transnational crime investigations, and 
on- 
going language courses.   Through this project, specialized 
equipment, including vehicles and computers, was donated to 
complement the professional development programs. 
 
¶25. This project will complement assistance efforts by other 
government agencies and international organizations.  While the U.S. 
 
is by far the largest, and in many specialized areas the only donor 
 
providing this type of assistance, a key component to the project 
will provide Moldovan law enforcement with the tools to maximize the 
 
energies, resources, and information culled from regional and 
international law enforcement entities such as the Southeast 
European 
Cooperative Initiative (SECI), GUAM (a regional cooperative between 
 
Georgia, Ukraine, Azerbaijan and Moldova), INTERPOL, EUROPOL and the 
 
EU Border Assistance Mission (EUBAM). 
 
¶26. Improving the capacity of law enforcement in Moldova is directly 
 
linked to the Law Enforcement, Anti-Trafficking in Persons and 
Anti- 
Corruption goal of the Embassy's Mission Strategic Plan.  In this 
sense, this project will promote USG foreign policy objectives in 
the 
area of Governing Justly and Democratically, Achieving Peace and 
Security, and Promoting International Understanding. 
 
Goal 
---- 
 
¶27. The goal of this capacity development project is to modernize 
Moldovan law enforcement by improving its ability to investigate and 
 
effectively prosecute serious crimes that stem largely from 
transnational organized crime.  This goal is directly linked to 
assisting Moldova achieve success in its effort to join the European 
 
Union.  Overall project strategies will continue to be linked 
directly to the EU-Moldova Action Plan law enforcement goals.  We 
consider the project goal to be multi-year in nature. 
 
 
Project Description 
------------------- 
 
¶28. The Embassy's RSO will have primary oversight for this 
project and will continue to be responsible for approving the 
purchase of any equipment for this project (with concurrence from 
INL 
and an Embassy law enforcement working group).  The RSO will monitor 
 
goals and performance indicators, make program adjustments, and 
report program evaluations to Washington. 
 
¶29. Using a variety of USG service providers, and coordinating 
closely with INL, the Embassy plans to provide professional 
development courses which build on EU-Moldova Action Plan goals 
linked to modernizing Moldovan law enforcement.  Specialized 
programs 
will be provided in the areas of explosive ordinance detection, 
financial crimes, money laundering, cyber crimes (complementing the 
 
ongoing ICITAP computer/cyber forensics laboratory program), general 
 
forensics investigations, border security and interdiction, 
transnational narcotics trafficking, and police/law enforcement 
leadership and management.  In addition, the Embassy will continue 
to 
provide a modest law enforcement-specific English language program 
to 
appropriate officers.  The train-the-trainer methodology will be 
used 
for all programs delivered.  Throughout the program, the Embassy 
will 
coordinate closely with international entities also involved in 
providing assistance to Moldova. 
 
¶30. All GOM officials who participate in INL-supported training 
programs will be Leahy-vetted per USG regulations.  The timeframe 
for 
this project is estimated to be one year.  The desired result, 
directly linked to EU-Moldova Action Plan law enforcement goals, is 
 
to increase Moldovan law enforcement's capacity and to improve 
overall security in the region. 
 
Performance Indicators 
---------------------- 
 
¶31. Performance will be measured by an examination of the 
investigation, 
arrest, and prosecution statistics for units that receive the 
assistance, with an understanding that due process concerns and the 
 
presumption of innocence are critical factors in a successful law 
enforcement system.  The Embassy will conduct annual comparisons to 
 
identify improvements and will note any major successes (i.e., via 
appropriate case reviews, briefings with police, etc.) that can be 
attributed to project activities.  Performance will also be measured 
 
in terms of the qualitative level (assessed by the Embassy and 
international partners) of GOM collaboration with the international 
law enforcement and political entities. 
 
Sustainability 
-------------- 
 
¶32. Program sustainability will grow as GOM officers who receive 
instruction pass along new techniques through the train-the-trainer 
 
methodology.  After the expiration of this program in one year, GOM 
 
LE capabilities and resources will have been improved.  This advance 
 
in Moldovan law enforcement capacity should parallel improvements in 
 
legislation, and judicial, and prosecutorial capabilities through 
the 
efforts of the FSA/INL-funded Resident Legal Advisor Project and the 
 
FSA/INL-funded ABA ROLI (American Bar Association Rule of Law 
Initiative) Criminal Law Reform Project. 
 
¶33. The RSO will be responsible for encouraging the Government of 
Moldova to keep trainees in relevant positions, use delivered 
equipment as intended, and assuring that results attributable to the 
 
assistance can be demonstrated. 
 
Timeline 
-------- 
 
¶34. The timeline for this project is estimated to be one year.  Post 
 
expects project objectives to be met at the end of FY10.  The 
Embassy 
envisions the need for continued funding into 2011 to build on the 
accomplishments of this project.  Indeed, the Embassy is certain 
that 
increased funding in this area would realize significant 
improvements 
in Moldovan law enforcement and the concerns of the United States. 
 
Evaluation 
---------- 
 
¶35. The Embassy will evaluate this project via RSO monitoring and 
reporting.  The RSO will conduct regular, formal program management 
 
reviews.  Performance indicators will be reviewed regularly and 
program adjustments will be implemented as appropriate and with the 
 
 
 
concurrence of INL. 
 
Title/Estimated Cost/Priority 
----------------------------- 
 
¶36. Components are: 
 
--Title:  ABA Criminal Law Reform Project 
 
--Estimated Cost:  $200,000 
 
--Priority:  Priority three out of four projects 
 
Background to the Request 
------------------------- 
 
¶37. Moldova has moved beyond the initial stages of reform.  It 
inherited a Soviet-style inquisitorial legal system but adopted 
various changes to make criminal trials more adversarial.  It is a 
member of the Council of Europe and has ratified many international 
 
treaties. The reform process continues, at least on paper, with 
amendments to existing laws and the adoption of new laws addressing 
 
areas of concern.  Nonetheless, the rule of law in Moldova suffers 
serious shortcomings, with widespread human rights abuses and 
evidence of poor will and capacity to investigate and prosecute 
corruption and financial crimes.  Moldova has lost more than 120 
cases at the European Court of Human Rights, reflecting violations 
of 
norms prohibiting torture, guaranteeing criminal trial rights and 
mandating the enforcement of judgments. 
 
¶38. The biggest challenge facing Moldova is the effective 
implementation of the laws already adopted.  This will require 
government resources, a significant reduction in corruption, and a 
change in the justice system so that individual rights are reliably 
 
respected.  On-going ambitions for European integration provide the 
 
government with significant incentives and support to give actual 
life to the paper reforms. 
 
Goal 
---- 
 
¶39. To encourage criminal justice reform by increasing the promotion 
 
of access to justice for Moldovan citizens and increasing the 
capacity of the criminal justice system to combat crime. 
 
Project Description 
------------------- 
 
¶40. Funding will support ABA ROLI staff and programmatic expenses, 
including an American Criminal Law Legal Specialist and national 
staff attorney(s) who work with government agencies, NGOs and the 
defense bar to provide technical assistance, advocacy and skills 
training, and raise awareness of international standards in criminal 
 
justice.  The project will continue to coordinate closely with the 
Embassy's Resident Legal Advisor and other international 
organizations and donors to maximize the impact of its work.  The 
host government will be asked to provide trainers and participants 
for programs and to give ABA ROLI the opportunity to provide 
technical assistance on legislation and other matters. 
 
¶41. Activities will include the following: 
 
--Preparing a new generation of legal professionals through 
specialized training programs and materials, including human rights 
 
trainings and collaboration with the Resident Legal Advisor on 
pretrial detention, plea bargaining and other pertinent training 
topics; 
 
--Improving the self administrative capacity of the Moldova Bar 
Association (MBA) to enable it to effectively carry out attorney 
licensing, training and discipline, concentrating on improving 
standards for bar admission; completing a handbook on how to become 
a 
lawyer in Moldova; and advising on ways to improve the system of 
attorney discipline in resolving ethical complaints against 
lawyers; 
 
--Supporting reform of the criminal justice system through training 
 
and development of the defense bar, with particular emphasis on 
promoting human rights as well as assisting with legislative reform 
 
 
through the harmonization of Moldovan laws with international 
norms. 
 
¶E. Performance Indicators 
------------------------- 
 
¶42. Performance indicators include: 
 
--Defense attorneys improve their understanding of how to apply the 
 
Criminal Code, Criminal Procedure Code, Code of Ethics, ECHR 
jurisprudence and other human rights standards as demonstrated by 
training evaluations and post-training surveys. 
 
--The MBA takes steps to improve standards for practicing attorneys, 
 
such as, for example, setting/and or enforcing a national 
requirement 
for a minimum number of continuing legal education credits per 
year. 
 
--The host government identifies legislative changes needed to 
harmonize its criminal justice laws with international norms and 
takes steps to amend its laws, giving due consideration to 
commentaries and/or other consultative advice submitted by ABA- 
Moldova. 
 
¶F. Sustainability 
----------------- 
 
¶43. The training and technical assistance component of this project 
 
is designed to be sustainable by improving the capacity of Moldovan 
 
lawyers to function more effectively and to train their own ranks. 
 
The legislative reform component will result in the adoption of 
higher quality laws which, when implemented, will improve the 
operation of the criminal justice system. 
Timeline 
-------- 
 
¶44. The timeline for this proposal is one year. 
 
Evaluation 
---------- 
 
¶45. The ABA Criminal Law Reform project will submit regular reports 
 
as required to the Embassy and INL.  This project will be evaluated 
 
against the performance indicators detailed above. 
 
 
Title/Estimated Cost/Priority 
----------------------------- 
 
¶46.  Title, cost, and priority are as follows: 
 
--Title:  [To be determined: Post is working with INL and EUR/ACE to 
 
determine the best use of the funds and Post will send a short 
follow-up cable with the details of the future program(s).] 
 
--Estimated Cost:  $227,480 
 
--Priority:  Priority four out of four projects 
 
 
¶A. Title/Estimated Cost/Priority 
-------------------------------- 
 
¶47.  Components are: 
 
--Title:  Program Development and Support (PD&S) for INL FSN 
 
--Estimated Cost:  $50,000 
 
--Priority:  N/A 
 
Background to the Request 
------------------------- 
 
¶48. Program development and support funds for FY2009 for one LES 
positions total $50,000.  INL does not have a dedicated officer 
assigned to the Embassy.  Post envisions this funding obligation to 
 
continue in FY2010 and beyond and estimates that in 2010 or later an 
 
additional LES staff member would be beneficial to the program. 
 
Title/Estimated Cost/Priority 
----------------------------- 
 
¶49.  Components are: 
 
--Title:  Program Development and Support (PD&S) for Washington 
Support Costs 
 
--Estimated Cost:  $46,920 (3.4% of entire program) 
 
--Priority:  N/A 
 
Background to the Request 
------------------------- 
 
¶50. Program development and support funds for FY2008 for Washington 
support total $46,920. 
 
CHAUDHRY