March 1, 2022
Mrs Domnica MANOLE
President of the Constitutional Court of the Republic of Moldova
Acting Chairman of the Conference
of European Constitutional Courts
Chisinau
Dear Mrs President,
Due to the armed aggression of the Russian Federation against Ukraine, which is a gross violation of the generally accepted principles of international law, on behalf of the Constitutional Court of Ukraine I apply to you who holds the position of Acting President of the Conference of European Constitutional Courts to include into the agenda of the next meeting of the “Circle of Presidents” to be held in May 2022 in Chisinau (Republic of Moldova) the initiative to terminate the membership of the Constitutional Court of the Russian Federation in the Conference in accordance with paragraph 2 of Article 7 of the Conference’s Statute.
In the past, the activity of the Constitutional Court of the Russian Federation was denounced due to the adoption by it of the Resolution No. 6-P of March 19, 2014, whereby the crime under international law committed by the Russian Federation – the illegal annexation by the Russian Federation of the Autonomous Republic of Crimea and the city of Sevastopol as inseparable parts of Ukraine, which, under international law, is also defined as an act of aggression – was legalized. At that time such an act of the Constitutional Court of the Russian Federation was condemned by the presidents of the constitutional courts of Ukraine, Lithuania, Poland, Moldova, Georgia and Cyprus (Joint Statement on Observance of Territorial Integrity and International Law in the Implementation of Constitutional Justice, Batumi, September 10, 2015, signed by the presidents of these constitutional courts).
Due to the decisive role of the Constitutional Court of the Russian Federation in the annexation of the Autonomous Republic of Crimea and the city of Sevastopol and the terrible consequences that this has led to today, in particular, the massive and terrible violations of human rights which are rather acts of genocide, we believe that membership of the Constitutional Court the Russian Federation in the Conference of European Constitutional Courts is no more possible due to the fact that it does not meet either the aims of the Conference, as they are prescribed by Article 3 of its Statute or the requirements for membership in the Conference as they are set up by paragraph 1 (a) of Article 6 of its Statute.
We kindly ask you to inform the members of the Conference of European Constitutional Courts of the matter raised in this letter.
I take this opportunity to extend, Mrs President, the assurance of my highest consideration for to you.
Acting Chairman
of the Constitutional Court of Ukraine
(signed)
Serhiy HOLOVATY
