The Supreme Court of Justice rejected the appeal of former judge Iurie Obadă who in 2017 ordered to place Andrei Brăguță under preventive detention even if this was found to have mental disorders and later died in detention. By rejecting the appeal, the SCJ upheld the disciplinary punishment given to the judge, in the form of dismissal, IPN reports.
The Promo-LEX Association, as the representative of the Brăguță family, said the procedural documents showed that, at the time of his arrest, the judicial authorities had clear indications regarding Andrei Brăguță's vulnerable mental state and his discharge from a psychiatric institution was also invoked earlier.
"The death of Andrei Brăguță highlighted shortcomings in the way the judicial and police systems interact with people with mental illnesses, underlining the need for a specialized and respectful approach to human rights," reads the press release issued by Promo-LEX.
Started in 2017, the disciplinary procedure was initially terminated by the disciplinary board, which did not find elements of misconduct. The Superior Council of Magistracy, however, accepted the appeals, applying the most severe penalty - dismissal of the judge.
The former judge challenged the SCM’s decision in the Chisinau Court of Appeals and, subsequently, in the Supreme Court of Justice. The disciplinary punishment was yet upheld over "serious and obvious professional incompetence".
Beyond the disciplinary procedure, Promo-LEX informs that three other related criminal cases are pending in national courts.