Which are the reasons for “long-lasting” justice? Why do we have “selective justice”? Why do some of the judges look for “political umbrellas”? To what extent is the legal system corrupt?  Why is the independence of judges “on paper” only? What and who the reformation of the justice sector depends on? Answers to these and other questions are provided in an interview conducted by Valeriu Vasilică with former judge Mihai Murguleț, a member of the Association “Voice of Justice” and of the Association of Judges of the Republic of Moldova.
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IPN: Mister Murguleț, thank you for accepting to give this interview for which we have two special reasons. We will announce the second reason later, while the first reason is the fact that the events staged within IPN Agency’s project “Injustice revealed through multimedia” usually involve wronged persons who have to seek justice in state institutions during many years, especially at courts of law. Respectively, these are persons from one of the sides of the barricades “in the fight for justice and truth”, to say it figuratively. This time you represent or until recently represented the judiciary of the Republic of Moldova and you thus know things from the inside of the second party involved in these long-lasting processes. Are the judges, courts concerned about this phenomenon of “long-lasting” justice or they consider that this is something normal?

- Mihai Murguleț: Currently, these cases where the reasonable timeframe for examining them was exceeded have decreased in number. In general, I want to say that the justice system in the Republic of Moldova is considered one of the fastest in Europe and we rank second, if I’m not mistaken, by the examination of cases, after Azerbaijan. Respectively, we should identify the reasons for such cases and see the problems so as to prevent them in the future. As we all live in the realities of the Republic of Moldova, it could go to reasons related to influence from outside or, probably, to conflicts between a party of the trial and, for example, the person who should execute the court decision, or to other reasons.

. IPN: Besides “long-lasting” justice, do we have other categories of injustice that developed into phenomena?

- Mihai Murguleț: They have long spoken about selective justice in the Republic of Moldova. I think this kind of injustice is due first of all to any kind of influence that is exerted on the judicial system from outside and this is political influence and influence on the part of economic circles.

- IPN: So, it’s true that particular categories of judges or courts of law work by order of circles of influence? How spread is this phenomenon?

- Mihai Murguleț: Yes, and I made similar statements earlier. Regrettably, influential persons from inside the judicial system look for “political umbrellas” on their own initiative, which is serious, and assume particular obligations before influential circles instead. Through the instruments they have, they try to influence the decisions of some of my colleagues. I cannot say that a part of these colleagues do not have courage or are unable to defend their independence. But the independence of judges should be guaranteed and not only declared. As long as this independence remains on paper, it is easier for a judge to submit than to try to keep their independence. Otherwise, they will suffer the consequences. I consider a part of the blame for the influence exerted on judges is borne by the Superior Council of Magistracy, which the politicians always tried to subdue and this Council sometimes failed to protect the judges from influences coming from outside the system.

- IPN: Is it true that there are networks formed of judges and courts of law that serve particular “circles of interest” throughout the line of justice (or injustice) so that the person without relations cannot find justice? Is it a reality or a fairytale?”

- Mihai Murguleț: Surely, there are such chains and this was seen from those lists found at the former president of the Supreme Court of Justice Ion Druță, who, even if he lost his post, is making effort to support a circle of judges so as to further control the judicial system. In this regard, there are groups of judges who have closer relations, vertically form part of all the courts of law and together try to control things inside courts of law.

However, as a result of particular changes started last June, they haven’t yet managed to fully implement those schemes, as they worked until not long ago. That’s why I’m glad that the number of colleagues who oppose the attempts to exert influence on them from outside increases. This prospect angers particular political forces, but the politicians should realize that things can no longer be tolerates and the justice system should be allowed to do its job.

- IPN: Is there corruption in the justice system? How much? To what extent can it influence the administration of justice? Is it a serious reason for the phenomenon of injustice?

- Mihai Murguleț: There is corruption, but such cases are within the ambit of the Anticorruption Prosecutor’s Office and the National Anticorrosion Center. As far as I know, monetary corruption is not so spread among judges, at least at the lower level. I don’t know the situation at the upper levels. The problem at the courts where I worked resided rather in interference from outside than in bribe.

- IPN: If it’s true that the political class subdues justice, how is this done, at what levels?

- Mihai Mulguleț: The politicians tend to ensure full control over court decisions, including because they want to control things in politics. We know that a series of cases were recognized as political cases. On the other hand, those judges who secure political support somehow ensure their immunity so as to be protected and not to be held accountable in case of eventual illegalities. This is probably the only explanation as I cannot imagine another reason for wanting a “political umbrella”.

- IPN: I should now ask you about the solutions to such a situation, but not before we speak about the second reason for which I invited you here today. Two days ago, the President’s decree on your dismissal from the post of judge was published in the Official Gazette. So, during two days you have been a former judge. Was the dismissal decision fair or this is a case of injustice?

- Mihai Mulguleț: Surely, I also know things from inside. That decision was made because I didn’t want to follow particular instructions given by the vice president of the Ciocana branch of the Chisinau City Court Mister Pavliuc, who is one of the persons who benefit from the “political umbrella” of the head of the President’s staff in charge of justice Nicolae Posturusu. Definitely, I became inconvenient because of my position, because I have struggled for the independence of the justice system and have promoted it, inside the system too. Currently, the system is probably bothered.

- IPN: If a judge cannot protect oneself from injustice, what should an ordinary man looking for justice expect? Let’s detail your case according to the “chain” criterion that was mentioned above. The President’s dismissal decree is the last element in a very large circle of elements that should have included a number of penalties imposed on you, an approach made by you chiefs, an approval of your chives, a decision by the Superior Council of Magistracy, which submitted the decision to the President and this confirmed it by a decree.

- Mihai Murguleț: This is how a judge can be excluded when a number of persons cooperate between them, form part of the same group of interests and somehow created particular circumstances for my exclusion. But the Superior Council of Magistracy didn’t even propose that the President of the Republic of Moldova should dismiss me. Respectively, the President signed that decree arguing that my five-year term in office expired, not because I committed something. In general, I believe the President of the Republic of Moldova issued that decree illegally.

IPN: Have you challenged it?

- Mihai Murguleț: I challenged the decision taken by the Superior Council of Magistracy.

- IPN: Now about solutions. I understand that solutions are being looked for not only by us and not only today and here. For example, the European Union, based on the Association Agreement, during several years has asked for real reforms in the justice sector. This means things in the Moldova justice stand very badly. Why don’t things improve even if pressure is exerted and money is provided for the purpose by our development partners?

- Mihai Murguleț: Because there is no political will in this regard. In the states where such reforms were done, such as Romania where the quality of justice is now much higher, political will and a broad consensus for reforming the legal system existed at the right moment. And you saw at what pace Romania advanced and continues to advance.

IPN: Is the main responsibility borne by the politicians?

- Mihai Murguleț: The processes anyway go on, but very slowly and I think that namely the insufficiency of political will is the brake.  

- IPN: If you were asked and empowered, what would you do for things in the justice system to change visibly for the ordinary people as well? Can the solution of the ex-President of Georgia Mihail Saakashvili to resort to total layoffs be applied in Moldova’s justice system?

- Mihai Murguleț: I think not everyone should be dismissed, but all the functionaries should be reemployed based on assessments according to objective and rather tough criteria and with broader social guarantees. The previous Government tried to do something similar, with small adjustments. Respectively, I believe the judges or functionaries who ensure the functioning of justice should be assessed from outside. Definitely, if persons who can justify their property and all the solutions in their cases remain in the system, things will probably move on.

As to Georgia, if I remember well, the police reform was the main element there in the implementation of reforms in justice. What can a judge do if documents compiled legally and correctly are put on his table? Respectively, the judge will be unable to turn black white. This will not have maneuvering space.
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The video variant of the interview was produced on May 18, 2020 and can be seen here.