In June 2006, the parliament of the Republic of Moldova adopted Law nr. 186. At first the law looked to help deported people who wanted to recover their fortune. The document, which came into effect on January 1 2007, promised that “in case the confiscated goods, nationalised or taken in another way from someone’s possession at the time of political repression can’t be given back, there value can be recovered through compensation, at the demand of the rehabilitated person or their heirs.”

‘Priority’ only on paper

At the same time, according to the legislation, “with the agreement of the victims of political repression or their heirs, the recovery of property can be replaced with money, estimated by the current market value of the house, or by offering them a new home.”

Yet only half a year after the introduction of this law, the government of the Republic of Moldova amended it, changing the rules on those who could receive compensation, particularly for those who had died during deportation, although even for those alive the rehabilitation process is difficult. They have to obtain certain documents such as those that detail their decision to return and those that estimate the value of property and money that they lost.

The biggest problem is finding these documents which certify the confiscation or nationalisation of assets, which are issued by archives or other institutions, or the certificates of their heirs which confirm they are related to the victim of political repression.

Judges shrug their shoulders

The 74-year-old Gheorghe Tataru from Calarasi was deported in 1949 together with his family, and lost all of his assets. Even at the very beginning, when Law nr. 186 was introduced, he understood it was a dead act. In attempting to obtain a certificate to prove his eligibility, Tataru’s son has invested a lot of time and effort, yet it has proved fruitless: “the only solution would be to take my father out of his grave,” he said revolted. He has been many times to the MIA’s archive where his file was kept, which he needs to receive a certificate regarding claiming his father’s lost assets, yet a representative of the MIA explained to him “you are rehabilitated, but we don’t have any information about your assets.” Tataru also visited the registry offices, for that, he issued a demand at court. “Our governor’s made such laws on purpose,” he said, “they are waiting for all the deported people to die, to get rid of them easier.”

To recover her assets, Valentina Sturza, the chair of the Association of Former Politically Deported and Detained Persons from the Republic of Moldova visited the Supreme Court of Justice four times. “It’s a pity our governors haven’t adopted any laws so far which will work adequately,” she said “The laws adopted by the government contain impossible requirements. One example is the ‘certificate of heir’, which is very difficult to obtain. Even if the Ministry of Justice has issued a regulation through which notaries are able to give such certificates, they refuse to do it. When coming to court we meet judges who shrug their shoulders and say that they don’t know what do.”

Archives have orders from above

The courts decided that Sturza should only receive 4% of her entire assets, estimated at more than 2 million lei. “It’s an insane decision,” she thinks, “everyone seems to be against us.” At the MIA’s archive where her file is, they also did not issue her with a certificate of heritage confiscation. According to it, in 1941 the Soviet judicial system didn’t issue such documents. Sturza thinks the archives are told by the government not to issue these certificates any more. “Now, archivists say the files lack those certificates. It’s a lie, in 1941 they were issued to all families.”

In case the deported person attempts to seek justice in court, they have to go to the court at the place where they were deported from. If you live in Chişinău and were deported from Soroca you have to go there. Can you imagine how much the trip would cost?” Sturza asked whilst calculating how much she needs to take from the monthly sum of 540 lei paid to a deported person.

“Do you know where the files from Stalinist times are?”

The files of deported people are at the archives of the MIA and Security Services. We contacted the press service of the MIA to find out about the archive where the files from 1941, 1945 and 1951 are kept. Ala Meleca, its press officer, had no idea about this archive; “do you know where the files from Stalinist times are?” she asked her colleagues.

Vera Tvigunov, the chairwoman of the MIA Archive, declared that the institution she is working at has never dealt with the confiscation of assets of deported people. Thus, it doesn’t have any documents regarding there confiscation, even if the deported people say otherwise. However, till the end, Tvigunov told us such certificates exist only in a few files.

Alexandra Vidrascu, the chairwoman of the Department of  Registry Service and Bar Offices within the Ministry of Justice, affirmed that, officially, none of the notaries have the right to refuse issuing heir certificates. “If notaries do not issue these certificates, it means there are no documents which would prove they were related to a deported person,” she told us.

Parlog respects only his opinion

Asked by Ziarul de Gardă to comment on the situation of deportees who try to recover their lost assets, Vitalie Parlog, the Minister of Justice, told us that there is a procedure fixed by legislation referring to this problem. “It is a distinct procedure, it is possible to recover the heritage of the deported in nature,” the minister told us, suggesting that all people should respect “the requirements foreseen by the law and by the rules of the government.” I told the minister that, namely because of this law, deported people can’t obtain their fortune. “Everyone has his own right to an opinion,” the minister replied to me. “I respect their point of view, but we have to understand and hold firmly to this. The approved rule is humane. It offers possibilities to everyone,” Parlog said about the rules considered by the deported as “a dead document,” because it contains stipulations which make its application impossible.

Even if deported people don’t try anything else other than to recover their fortune which has been abusively taken from them, Parlog stated the organisations of deportees could take advantage of the socio-political situation, conferring to their problem aspects which have another goal.

An “illegal law” will bring deportees to the European Court of Human Rights

Deputy Prime Minister Victor Stepaniuc also said there is legislation, and this problem is a problem of the judicial system. We informed the deputy prime minister that deportees face such problems, namely at the court. “The Republic of Moldova is a state of law and the powers which fulfil its assignments are separate. Only the judicial system can solve this problem.”

As for Law nr.186, the deputy, Valentina Cusnir, said it is “illegal” because not all former deportees can obtain certificates of their heirs and this fact contradicts governmental rules. “Those who were deported to Siberia couldn’t give certificates of heir to their children,” the deputy stated, confirming that the archives lack the information about the fortune confiscated from the deported. “As they lack these documents, they will not be able to recover their assets, even if the budget foresees some money for them. This thing is made on purpose.”

Cusnir reminded us that Law nr.186 is not available for people who have been paid compensations in 1990, when they received very low sums of money. They received their compensation in roubles, a few days before the currency changed. Of course, they put their money in banks, where it was transformed into nothing. This legal framework can bring all deported people to the European Court of Human Rights.”

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