Minister of Justice Alexandru Tanase informed the Superior Council of Magistracy about the violations reported by a lawyer – abusive holding of a person under arrest – and asked that the case be immediately examined and that the judge be penalized, IPN reports.
The lawyer challenged the necessity of keeping his client under arrest, warning the court that the invoked suspicions that this will avoid the legal proceedings is not based on facts. The man is married, has two minor children and is the only supporter of the family. He has a permanent domicile and a job and does not have criminal records. Furthermore, since he was placed under arrest on October 3, 2017, no procedural actions have been taken in relation to him. The lawyer’s approach was supported by the prosecutor in charge of this case. However, the judge adjourned the hearing for another day, declaring the hearing closed.
In his approach to the Superior Council of Magistracy, Alexandru Tanase warns that such actions violate the fundamental right to the individual freedom and safety of the person, which is guaranteed by the Constitution and the European Court of Human Rights. The minister warned that if the situation is not remedied at the national level, such cases will imply the risk of Moldova being convicted by the ECHR for human rights violations.
The minister demanded repeatedly to take all the necessary measures to increase the awareness of judges of the application of preventive arrest and exclusion of arbitrary detention cases.
