People’s Advocate Natalia Moloșag calls “unacceptable” the reasoning of the prosecutor assigned to Alexandr Stoianoglo’s case that “clearly led to the violation of the full enjoyment of the right to defense” by the suspended Prosecutor General. The ombudswoman recalls that the Constitution, the national legislation and international treaties on fundamental human rights and freedoms ensrhine the principle of equality before the law, free access to justice and the right to defense, IPN reports.
According to the ombudswoman, specific elements of the right to a fair trial refer to the examination of the case in a fair manner, within a reasonable time, by an independent and impartial tribunal established by law, respect for the right to privacy, the principle of presumption of innocence, the right to defense, including by providing free legal aid, as well as other procedural rights intended to contribute to the enjoyment of this right.
Natalia Moloșag says that a person’s right to go to court is a sine qua non condition in ensuring the efficiency of the enjoyment of one’s rights and freedoms. The administration of justice in a state governed by the rule of law can be carried out only by respecting human rights and legal interests. One of the fundamental principles of the criminal process is the principle of guaranteeing the right of defense, being not only a manifestation of the rule of law, but also a necessary condition for the efficient administration of justice. Restrictions on a lawyer’s contacts with his accused client are incompatible with his right to effective assistance. The state has a duty, regardless of any logistical and financial problems, to organize its penitentiary system so as to ensure detainees’ respect for their human dignity.
The ombudswoman says she will monitor the development of events in the Stoianoglo case, in the sense of respecting the guarantees of the right to a fair trial and human rights in general.
