The Superior Council of the Judiciary (SCM) is concerned by PM Dorin Recean’s statements in which he revealed the names of the judges who reversed the CSE’s decision to eliminate the Chance Party from the recent local elections. According to the CSM, the disclosure of the names of the judges, combined with accusations about important evidence being ignored, can be treated as an “unacceptable form of pressure on the judges”.
“On December 13, at the beginning of the Government meeting, the Prime Minister of Moldova read out the names of the judges who sat on the Chisinau Court of Appeal panel, alleging that put national security in peril and ignored evidence presented by a party in the process”, the CSM noted in a statement.
According to the CSM, the Court of Appeal decision was pronounced in a case that had been pending since November 4. “The sessions of the panel of judges were conducted in accordance with the legislation in force and each party in the process had their procedural rights respected. The Court’s decision of December 12 is not irreversible and it has already been posted online. The parties have the right to challenge it at the Supreme Court of Justice, which will rule on the legality of the challenged act”.
“The Superior Council of the Magistracy emphasizes that the independence of the judicial system is the foundation of the rule of law and is essential for the functioning of democracy and respect for human rights. Judicial power is exercised only through the court in the person of the judge, the sole bearer of this power. The judge is the person constitutionally vested with powers of administration of justice, which they execute on the basis of the law. The judges of the courts are independent, impartial and irremovable and obey only the law”, the CSM said in its statement.
Prime Minister Dorin Recean, at the beginning of the Government meeting, mentioned the names of the judges who canceled the CSE decision whereby the Chance Party was eliminated from the November 5 local elections. “Please remember three names: Palanciuc Ecaterina, Negru Veronica and Dutca Ina. This panel of judges from the Court of Appeal yesterday decided to cancel the decision of the Commission for Exceptional Situations, which intervened and ended the criminal activity and the interference of criminal groups in the local electoral process in the Republic of Moldova”, declared Recean. The Moldovan Association of Judges expressed its deep concern and disapproval of the Prime Minister’s statements. According to the association, the prime minister’s statements constitute a serious violation of the principle of separation of powers in the state and judicial independence.
