Denouncing political persecution, they are preparing an appeal to European courts and the UN

International human rights activists have come together to support the defense in the case of the Gagauzia leader, Evgenia Gutsul, sentenced by a Moldovan court to 7 years in prison for illicit financing of a party and an electoral campaign. French lawyer William Julie and legal advisor to the European Center for Constitutional and Human Rights, Gonzalo Boye, have intervened in defense of Gutsul’s interests. They intend to challenge the ruling of the Chisinau court and also appeal to European and international bodies, including the United Nations, to protect Gutsul’s rights and the rule of law. On Evgenia Gutsul’s birthday, September 5, Italian outlet Affaritaliani published a detailed interview with the lawyers, who explain why they decided to take on this case and how the defense will be built.

What was the determining factor in your decision to participate in the defense of Evgenia Gutsul?

Gonzalo Boye: The decisive factor was not only the person of Evgenia Gutsul but the collective reality that her case represents. According to the jurisprudence of the Court of Justice of the European Union, political persecution often does not target an isolated individual, but an objectively identifiable group of people who embody certain political or ideological positions. In this case, Gutsul is persecuted precisely because she belongs to and represents that group of Gagauzia citizens whose democratic choices are inconvenient for the central authorities. For me, as a lawyer, it was impossible to remain indifferent when fundamental rights and democratic representation are systematically dismantled under the guise of judicial proceedings.

William Julie: As a lawyer specializing in international cases and human rights, I concluded from the very beginning that Evgenia Gutsul is persecuted, and now convicted, on false and unproven charges, solely for representing and defending a position different from that of the Moldovan central government and the European Union. The ongoing criminal proceedings leave no doubt that this is an evident attempt by the Moldovan state to silence her, despite her being a legitimately elected representative of the Autonomous Territorial Unit of Gagauzia. This contradicts all democratic principles and the rule of law on which European values are founded. Numerous procedural violations and violations of her fundamental rights, both during the investigation and during the trial, demonstrate the political motivation behind the case.

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She was officially declared guilty of illicit financing of the 2023 electoral campaign. What are your counterarguments?

Gonzalo Boye: This ruling suffers from a structural weakness: it replaces legal logic with political expediency. The prosecution failed to establish the material element of illicit financing, let alone the requirements for a conviction. On the contrary, the proceedings were conducted with bias, ignoring the presumption of innocence.
Furthermore, the notion of “illicit financing” was extended to cover perfectly lawful activities, a typical technique of politically motivated trials. Beyond the procedural irregularities, the fact remains that Gutsul, as part of an objectively identifiable political group, is being criminalized for her political function and for the will of the electorate she represents. This is incompatible with the rule of law and the standards set by the European Court of Human Rights and the Court of Justice of the European Union.

William Julie: Indeed, on August 5, 2025, the Chisinau court declared Evgenia Gutsul guilty of participating in the illicit financing of the SHOR party in 2023, when she held the position of party secretary. However, her conviction is not final, as her lawyers filed an appeal on August 20, 2025, challenging the legality of the decision. Therefore, she is still considered innocent under Moldovan law. Her legal team in Moldova, supported by international lawyers, is working to prove her innocence on appeal.

Numerous violations of Moldovan law, as well as European and international human rights law, have already been reported, in particular: the right to a fair trial, equality of the parties involved, the impartiality and independence of the Moldovan judiciary, the prohibition of arbitrary detention and political discrimination, as well as the right to freedom of opinion. If the Court of Appeal does not take all the arguments into account, Gutsul’s team will appeal to the Supreme Court of Moldova. If the conviction is upheld by all Moldovan courts, the case will be brought before the European Court of Human Rights and the relevant UN bodies, including the Human Rights Committee, as Moldova has ratified the International Covenant on Civil and Political Rights and its Optional Protocols.

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How do you plan to defend Gutsul?

Gonzalo Boye: Our defense has two dimensions. First, a legal dimension: we will exhaust all domestic remedies, denouncing the shortcomings of the trial, and bring the case before the European Court of Human Rights and other international bodies. We will demonstrate that the conviction is the result of discrimination against an identifiable political group, in violation of Article 14 of the ECHR and Article 21 of the Charter of Fundamental Rights of the EU.

Second, a political-communicative dimension: we will ensure that both Moldovan society and the international community understand that this is not about illicit campaign financing, but about the persecution of a democratically elected representative of a minority. Silence would mean complicity; denunciation creates accountability.

William Julie: As already mentioned, all available legal remedies will be used, both at the national level and before the ECHR and UN bodies (the Human Rights Committee, the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the rights to freedom of peaceful assembly and association, and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression). They will be involved if the appeal trial does not declare her innocent.

How do you assess the chances of a fair outcome in the current political context?

Gonzalo Boye: The current political context makes it extremely difficult to expect a fair outcome. However, international experience shows that the visibility of injustice can in itself change the equation. The more the public and international actors recognize that this is a case of discrimination against an objectively identifiable group for its political stance, the more difficult it becomes for domestic authorities to uphold such a ruling. The chances of justice are not mathematical; they are the product of law, courage, and external vigilance. And that is precisely our task.

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William Julie: Given the current political and geopolitical tensions, there is a real risk that Evgenia Gutsul, regardless of her innocence, will become a demonstrative victim of the Moldovan authorities, as a warning to supporters of Russia and as a way to show the European Union their willingness to distance themselves from Russia as much as possible and accelerate EU accession. Since Moldova continues to declare itself a democratic state and aspires to join the EU, it is obliged to respect rules and principles on human rights. Our task is to ensure that this actually happens.

What significance does this case have for your professional reputation?

Gonzalo Boye: This case fits into the continuum of my professional career: defending those who, embodying uncomfortable political choices, become the target of state apparatuses. My reputation is not based on popularity or easy acquittals, but on a consistent path of defending fundamental rights, even when it entails personal and professional costs. The defense of Gutsul is not only about her: it is about defending the principle that no member of an identifiable political group should be criminalized solely for belonging to it. Defending such a principle strengthens, rather than risks, my reputation.

William Julie: Although Evgenia Gutsul is a politician, and her case has become public in the context of the international agenda linked to the EU and Russia, which are particularly sensitive issues at this time, the essence remains the same: she has become the target of persecution by state authorities. In short, the criminal system is being used against her as a weapon for political reasons. Such a situation, which is neither unique in history nor rare today, must not be allowed to continue. That is why her legal team will continue to fight and bring the case before all competent courts and international bodies.

How do you assess the role of the media in covering this case?

Gonzalo Boye: The media has played a dual role. Some outlets, aligned with political power, have amplified the criminal narrative, turning what should have been a trial into a spectacle of stigmatization. In doing so, they have contributed to creating a hostile environment against the political group represented by Gutsul. Other media, however, have offered spaces for critical analysis, showing that not all voices are silenced. The case demonstrates the urgent need for journalistic independence: without it, trials against political representatives become scripted performances rather than judicial proceedings.

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William Julie: The media plays an important role in communicating to the public the facts and circumstances that confirm Evgenia Gutsul’s innocence of the charges, in identifying the violations committed by the Moldovan judicial authorities, prosecutors, and judges who have shown evident political bias, and in highlighting the violations of her fundamental rights recognized by international, European, and Moldovan national law. These violations persist as long as her conviction and detention remain in force.

What would you like to say to society and the international community?

Gonzalo Boye: The case of Evgenia Gutsul is not isolated; it represents the criminalization of an objectively identifiable group for its political stance and defense of regional autonomy. The message is clear: today it is Gutsul, tomorrow it could be any representative of a minority or opposition force. To society I say: do not let fear or indifference normalize injustice. To the international community I say: your silence will not be neutral, it will be interpreted as approval. Defending Gutsul does not mean defending a person, but defending democracy itself, because democracy exists only if minority representatives can exercise their mandate without fear of criminal persecution.

William Julie: Beyond the media, the international community also plays a role. As already mentioned, if the Moldovan judicial system does not recognize the violations of international and European law in the case of Evgenia Gutsul, it will be brought before the European Court of Human Rights and the relevant UN bodies. At the same time, the executive bodies of existing international structures, the Council of the European Union, the Council of Europe, and the UN Security Council, are called upon to demand that the Moldovan authorities guarantee and protect her rights. In this context, society also plays a role. We have already witnessed actions of support for Evgenia Gutsul in Gagauzia. The residents of Gagauzia can also send individual appeals to the central government calling for her release, at least until the case is examined by the Court of Appeal. Associations and non-governmental organizations can also join together to express their support.

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