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As already “The world and we” has written, the group of citizens of Moldova applied to the Prosecutor General's Office of the Republic of Moldova with the requirement to prosecute a number of authors of history textbooks for kindling of international discord and an insult to national minorities. Today we publish the text of this statement:
The Republic of Moldova

Article 13 the Right to legal protection “Everyone, whose rights and freedoms stated in the present Convention, were broken, has the right to address in national legal authorities even if the violation was made by the persons acting in official power”. From the European Convention on protection of the rights and fundamental freedoms of the person. The Complaint about the excitation of criminal case according to Article 346 of the Criminal Code of RM Kishinev, 2012.
Important: This legal document is the official document and may affect your rights and obligations.
To the Prosecutor General's Office of the Republic of Moldova
To the general prosecutor Valery Zubko
Headquarters: 26 Benulesku-Bodoni Str., Kishinev, Moldova

Applicants: 1. Konstantin Olaru, the owner of ID: A 03157559 issued on August 24, 2010 by office 03, to IDNO 200600302828, resident in RM, Kishinev, 87 Vasile Lupu Str., apt. 75.
2. Dmitry Shevchenko, the owner of ID A 42134682 issued on August 10, 2004 by office 42, IDNO 2004042114002, resident in RM, Kishinev, 2 N. Titulesku Str., apt. 17.

March 15, 2012. Kishinev.

The complaint about the excitation of criminal case according to Article 346 of 346 of the Criminal code of RM. Having considering the given below words and on the basis of the Law of the parliament of Moldova “About prosecutor's office” No. 294-XVI of December 25, 2008, article 53, item (1). b); article 53, item (2) of the law “About legal profession”, the article 8 (1) of the law “About the petition”, we address to the Prosecutor General's Office with this complaint. Actually, the most important is that the history shouldn't become the instrument of political education. This method is considered as obvious falsification. Historical objectivity should be a main goal of the history course. The history should be based on truth and provide a real picture of the past and the present. Besides, the history at school should be relieved of myths and ideology of xenophobia. We consider that it should be based on the real facts, aspire to objectivity and not create the heroes provide with supernatural abilities. Nevertheless, some historians of Moldova intentionally ignore the historical truth and insist on need of imposing of hatred and /or national division, also humiliate the national honor and advantage of ethnic minorities which recognized as constituent factors of the Moldavian state. Among them Ion Negrey, George Kozhokara, I. Negrey, Ion Varta, Demir Dragnev, Nikolay Enchu, Ion Shishkan, Ioan Skurtu, Anatol Petrencu. In particular, we pay attention that on page 117 including I. Loginov, speaks, “to all these Poles, Greeks, Armenians and Jews who polluted Kishinev”, “true swine!” On page 151, the authors says to us that “the growth of number of urban population weren't carried out at the expense of a natural increase, but mass migration... from other countries (... especially the Jews)”. “The big share was occupied by the Jews among lessee... they supervised big latifundia”. In fact, they show to pupils who they are such “exploiters of the Romanian peasants”: “They (i.e. the Jews) (page 152) aspiring to collect the income in the shortest term as much as possible, run business with peasants rigidly, forcing them extremely difficult conditions” (Ion Varta, Dragnev Demir. History of the Romanians. Modern epoch. The textbook for the eleventh class of lyceum. Kishinev, 2002). The Fuhrer in “Mein Kampf” acted in the same way, “showing” to the Germans who are “the true enemies of the German people”. Both Hitler and Dragnev and Varta's conclusions lead to similar conclusions... On the 20th page he writes that the anti-Romanian policy “found the echo as it was natural and expected, especially among the living nationalities as the Hungarians, Jews, Bulgarians who for various reasons, but with the same persistence, resisted to the educated state in 1918”. Above stated is the xenophobic promotion. Page 28: “the industrial and banking capital belonging to ethnic minorities, continued to prosper, while the Romanian ethnic representatives showed slow progress”. Probably, it is supposed, that minorities promoted for the account of the Romanians?! (Nikolay Enchu. History of the Romanians. Modern epoch. Textbook of the twelfth class of lyceum. Kishinev, 2002). Another aspect, especially evident, for fair settlement of the present complaint is obviously neglect of historians of this law which doesn't allow the deliberate actions directed on kindling of national discord and division on racial or religious category. For example, A. Petrenko accepts silently in the historical works such slogans as: “Long live our Allies and the Great Leader of Germany Adolf Hitler!”, “Long live the Romanian and German armies!”, “Long live king Mihai and chancellor Hitler!” “No to the Jews and communists!”. In these works the partisans who fought against the fascism (and protected “Jews”), are classified as terrorists, ethnic minorities are called as “the fifth column” and “Antonesku's regime was the modern dictatorship (that is the civilized?), tolerant to democratic opposition”. The examples can be continued, but they are adhered to the current complaint and are the integral part of the demand. De jure, according to the Constitution of the Republic of Moldova, all citizens of RM are equal before the law and public authorities, irrespective of race, nationality, ethnic origin, language, religion and etc. (Article 16). The general sphere of this crime is the public relations of that as to coexistence of all citizens of our country, irrespective of race or nationality, for creation of the democratic society multilaterally developed, the relations providing the public safety in the republic. In this case, the imposing of national discord or division can be expressed in creation of the conflicts between the citizens of different nationalities, the humiliation of national honor and advantage are the relation to this or that nation, expressed in an insulting and obscene form. In this case, the purpose of this activity is the trauma, humiliation of honor and dignity of citizens of the Republic of Moldova in connection with their nationality, their estimation in the defective situation in relation to the persons belonging to other nationalities. These actions are made by these historians by means of speech communication (orally), mass media, newspaper articles and books on history of the Romanians. From the 346th article of the Criminal code of RM which regulates the criminal liability for deliberate actions directed on kindling of national discord and division, racial or religious, follow as deliberate actions, public appeals, including through mass media, the written and electronic look, directed on incitement of hatred or national division, racial or religious, to humiliation of national honor and advantage, to restrictions, direct or indirect, the rights or establishment of privileges, direct or indirect, in dependence of citizens on their nationality, race or religion, is punished by a penalty at the rate to 250 conventional units or to no-charge works from 180 to 240 hours or imprisonment till three years. According to the article 262, item (1), page 1) of the Code of Criminal Procedure of the country “Charge of appeal instance”, the charges can be shown about commission or preparation for the commission of crime, provided by the Criminal code through the complaint. According to article 4 (2) of the Act of Parliament of the Republic of Moldova No. 382-XV of July 19, 2001 “About the rights of ethnic minorities and legal status of their organizations” (The official bulletin No. 107, September 4, 2001), any discrimination on the basis of belonging to ethnic minority is forbidden. From the text of the Concept of national policy of the Republic of Moldova, the Parliament-XV approved by the Law No. 546 of December 19, 2003 (The official bulletin from January 1, 2005 till January 5, 2004) shows that the Moldavians, the nationality that based the state, along with the representatives of other nationalities as the Ukrainians, Russian, Gagauz people, Bulgarians, Jews, Romanians, Belarusians, Gipsies, Poles and others make the people of Moldova for whom the Republic of Moldova is the general homeland. Further it was told in the Concept, that the state assumes the obligation to care perfectly safe, the development and free expression of ethnic, cultural, religious and language minority of all ethnic communities living in Moldova. According to the foregoing, we ask you:
A) carefully study the essence of the presented complaint
B) criminal prosecution on the grounds of corpus delicti provided by article 346 of the Criminal code of RM of the following historians: Ion Negrey, George Kozhokara, I. Negrey, Ion Varta, Demir Dragnev, Nikolay Enchu, Ion Shishkan, Ioan Skurtu, Anatol Petrencu (the deliberate actions directed on kindling of national, racial or religious discord);
C) that the applicants received in writing the results of the actions undertaken by the prosecutor about initiation of legal proceedings on the grounds of corpus delicti provided by article 346 of the Criminal code of RM.
Enclosure: A) Information about these historians. B) Removals from history textbooks of the Romanians.
Applicants: Konstantin Olara, Dmitry Shevchenko.

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Author: Marina Moroz

Publication date : 23 April 2012 03:53

Source: The world and we

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