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RESOLUTION OF PARLIAMENT OF THE REPUBLIC OF MOLDOVA

of October 30, 2009 No. 53

About adoption of the Declaration of Parliament of the Republic of Moldova on justice condition in the Republic of Moldova and necessary measures for improvement of the situation in this sphere

The parliament accepts this resolution.

Adopt the Declaration of Parliament of the Republic of Moldova on justice condition in the Republic of Moldova and necessary measures for improvement of the situation in this sphere it (is applied).

 

Chairman of the parliament

Mihai Ghimpu

The declaration of Parliament of the Republic of Moldova on justice condition in the Republic of Moldova and necessary measures for improvement of the situation in this sphere

The parliament of the Republic of Moldova as the spokesman of the will of the people which is freely expressed on elections on July 29, 2009 with concern states that justice in the Republic of Moldova is seriously struck with corruption and shows essential signs of political involvement.

Such regress of the Moldavian justice became possible mainly for the following reasons:

- creation of the insufficient regulatory base allowing promotion of persons on executive positions in degrees of jurisdiction and to the positions of judges by other criteria than accepted in legal democratic society;

- elimination from justice in 2002-2003 for political reasons of many fair and skilled judges and substitution of vacancies by obedient persons of the power;

- neglect the legislation regulating judicial responsibility, or the selective application of magistracy by its Supreme council, connivance from the last;

- not response of magistracy by the Supreme council and bodies of prosecutor's office to actions, sometimes criminal, judges;

- not response of the judicial case to intimidations and political pressure from the authorities and non-rendering of resistance to it;

- lack of transparency of the act of justice and activities of the Supreme council of magistracy, especially in that, as for matching, appointment, promotion of judges on service, imposings of penalties on them;

- unsatisfactory initial and continuous training of judges;

- inadequate material security of judges;

- "sindikalization" of judicial authority, etc.

The serious discord of judicial system of the Republic of Moldova was repeatedly noted in reports of the national non-governmental and specialized international organizations, in documents of such international organizations as the Council of Europe, the European commission, OSCE and other, in reports of the western countries.

Having analyzed functioning of judicial system, the High European meeting in the Report on the observance by the Republic of Moldova of the obligations undertaken before the Council of Europe approved by the Parliamentary Assembly of the Council of Europe (PACE) in 2007 and also in the Resolution No. 1572 (2007) and the Recommendation No. 1810 (2007) of observance by Moldova of the obligations and obligations stated insufficient financing of judicial system and suggested the Republic of Moldova to take the new measures aimed at providing independence of the judicial device and increase in efficiency of justice. These recommendations, including about ensuring independence of the judicial device, to increase in efficiency and professionalism of judges, improvement of working conditions and training in judicial professions, enhancement of methods of work, eradication of corruption in judicial system formulated also in the Resolution of PACE No. 1465 (2005) about functioning of democratic institutes in Moldova, were not taken into account and are still urgent.

The most expressive assessment of problems which the Moldavian justice faces is this the European Court of Human Rights which in the accusatory decisions concerning the Republic of Moldova repeatedly imposed sanctions in connection with unsatisfactory administration of law by national degrees of jurisdiction and judges. In separate decisions and special opinions of High Strasbourg Court the political involvement of some judges was directly noted and the regret and serious concern about explicit and numerous illegality of decisions were expressed, up to taken out by the Plenum of the Highest trial chamber.

The general analysis of practice of European court on the Moldavian cases demonstrates that for the last years degrees of jurisdiction of Moldova allowed different abuses and severe violations of human rights, such as tolerance of tortures, brutal or to degrading treatment and concealment of those, illegal or with abuse of authority arrests, prosecution of persons by means of custom criminal procedures, violation of the right to fair trial, the rights to private life, infringement of right to liberty of expression and to peaceful assemblies, unauthorized deprivation of property, etc.

Result of such activities of national degrees of jurisdiction became complete loss of trust by society to justice and serious deterioration in image of the Republic of Moldova in the opinion of the international public. Such implementation of justice by national instances led to the fact that the world community perceives our country as corrupted, non-democratic and totalitarian. And as a result in consciousness of people the opinion was formulated that the truth can be found only in the European Court of Human Rights.

Not least such state of affairs brought and continues to lead to considerable finance costs and to depletion of the budget of the country. For illustration it should be noted that in 2008 the amount of compensations awarded by Strasbourg Court on the Moldavian cases exceeded the size of the annual budgetary appropriations allocated to all justice system of the Republic of Moldova. Therefore the state is forced to allocate constantly for it considerable money which could be used in other vital spheres, such as education, health care or provision of pensions.

Under these circumstances preserving the current situation of things in the field of justice is capable to threaten democratic processes in the Republic of Moldova, to interfere with efforts of our state on the European integration and to threaten all existing constitutional system.

For the purpose of the fastest correction of the above situation it is necessary to take the following measures urgently:

- reforming and optimization of judicial system;

- reforming of functions of the Supreme council of magistracy;

- establishment of complete transparency of the act of justice and activities

The supreme council of magistracy, in particular in that, as for matching, appointment, promotion of judges and imposing of penalties on them;

- development of high-quality programs of initial and continuous training of judges;

- increase in judicial responsibility for the decisions passed by them;

- adequate material security of judges;

- consideration of magistracy of compliance of post by the Supreme council of those who obviously do not meet requirements imposed to the judge in the democratic and constitutional state.

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