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Lawyers of Chisinau Bar Association intend to go on general strike


https://www.ipn.md/en/lawyers-of-chisinau-bar-association-intend-to-go-on-general-strike-7967_1035395.html

The General Assembly of the Chisinau Bar Association expressed its concern about the excessive use by courts of law of exceptional preventive measures in the form of pretrial detention and house arrest. In this connection, the absolute majority of the lawyers of the Chisinau Bar Association decided to issue an ultimatum to the Superior Council of Magistracy, president of the Supreme Court of Justice and president of the Appeals Court of Chisinau to review this practice and reduce the use of exceptional measures. Otherwise, the lawyers will go on a general strike, IPN reports.

In a press release, the Chisinau Bar Association says the Republic of Moldova pledged to guarantee and respect the inviolability of the individual freedom and safety of the person when it signed the European Convention of Human Rights. The ECHR passed multiple judgments against the Republic of Moldova over violation of the right to freedom and safety following the imposition of arrest or house arrest by national courts of law.

The lawyers say the judges of the Chisinau Appeals Court systemically reject lawyers’ appeals and accept prosecutors’ appeals against judgments of ordinary courts of law. It thus seems that in such processes the role of the lawyer is reduced to the simple presence to create the appearance of a fair trial. But the bar is one of the main pillars without which it is not possible to ensure the observance of the basic human rights.

By the issued ultimatum, the lawyers demand to abandon the practice of systemic rejection of lawyers’ appeals against preventive arrest or house arrest and of systemic admission of prosecutors’ appeals against non-custodial measures and to restore the exceptional character of the preventive measure (pretrial detention and house arrest) and the equitable character of the procedures for examining appeals against applied or non-applied preventive measures.

The Chisinau Bar Association requested to accept the given demands in 15 days or their lawyers will go on a general strike and will refuse to take part in the examination of requests to apply preventive measures in the form of pretrial detention and house arrest.