Situation in the judicial system has changed significantly during the last two years. Info-Prim Neo interview with Nicolae Clima, president of the Supreme Council of Magistrates

[- Mister Clima, during two years, the Government of Moldova, with the assistance of the Millennium Challenge Corporation, had implemented the Threshold Country Program aimed at reducing corruption in five areas, including justice. What effects did this program have on the judicial system?] - The Threshold Country Program (TCP) is one of the most beneficial and valuable projects for the judicial system. We are engaged in several projects aimed at eradicating the causes of corruption, given that the judicial system is attractive for acts of corruption. The TCP is a rather effective program that, together with other programs, will help improve the work of the legal system by improving all the activities. With the help of this program, we take revolutionary steps in the judicial system of Moldova. First of all, we have logistic assistance – the buildings of the courts are renovated, the courts are provided with all kinds of equipment. As part of this program, the courts were supplied with over 2,000 pieces of equipment, including computers, printers, Xerox machines, scanners. After the courts were equipped, the system’s employees had to receive training in using the information technology. An unprecedented training course is now being held. From September 2008 until July 2009, all the employees of the judicial system – about 2,000 persons - will be trained to use information technology in three regional centers (Chisinau, Balti, Comrat). Audio equipment for recording the hearings is now being installed in courts. On a CD or tape, the audio recording of the hearing becomes an official document, not a simple record. The civil and penal legislation has been already modified so that the audio recordings become component parts of the hearings. The employees, especially clerks, are being trained to use these recordings that will become official parts of the court records, which will be put on paper in parallel for a long period of time. There was worked out software for electronically managing the cases. The software will enable to monitor the case at all the levels. Earlier, this was done on paper. Every case will have its own web page and every procedure will be followed. This program also envisions the random, automated distribution of cases to judges. This will exclude certain corruption risks. The software is already functional in the courts in Ungheni, Rezina and Comrat and is being implemented at the Botanica District Court and the Comrat Court of Appeals. Later, it will be implemented in Cahul, Leova, Cantemir, then at the Balti Court of Appeals and in other courts. The next stage will be the publication of court decisions. Therefore, all the courts must have websites. The Supreme Court of Justice and the Court of Appeals already have websites, while the courts of the first level will have in the future pages on the Court of Appeals’ websites. [- The measures you enumerated are aimed at eradicating objective factors that could favor corruption in the system. How can we eliminate the subjective factors related to the mentality, education and attitude of the judges?] - The character of every person is different. Therefore, there was formulated the Code of Ethics. The judge must obligatorily observe certain norms of conduct. This is a strict requirement. If they violate these norms, they risk being disciplinarily punished – starting with warning and ending with dismissal. Sixteen disciplinary cases were instituted last year, most of which over breach of the deontological norms. The program provided assistance in formulating a new Code of Ethics that was adopted by the Supreme Council of Magistrates on November 29, 2007 and printed in February 2008. Afterward, all the judges were familiarized with the new stipulations of the Code. Last spring and autumn, all the judges participated in courses taught by national trainers and judges of American courts of appeals, by eight hours each. These courses were very useful for the judges because they combined the normative basis with different examples from the experience of Moldova and the United States. I’m convinced that when all the procedures are respected and those that come to work in the legal system are treated with respect, the factors that lead to corruption will become fewer in number. A lot depends on the performance of every participant. Therefore, the Supreme Council of Magistrates approved a set of normative documents, first of all the model regulations concerning the internal order, which were used by every court to adopt their own regulations. There were adopted a guidebook about the conflicts of interest for court employees, regulations on the accreditation, selection and employment of clerks, models of the duty cards for every category of employees, etc. [-Can we say that the level of corruption in the judiciary system decreased after these two years?] - In general, the situation in the judicial system has changed significantly during the last two years. I am often asked about the level of corruption in the judicial system. Every time I answer that I cannot say whether corruption exists in the legal system or not. For me, only the facts count. As I already mentioned, only one judge was dismissed in 2008 over corruption, after we were informed by the prosecutor general. There were no other official cases in the Supreme Council of Magistrates. At the same time, we hear the rumors about corruption in the judicial system and try to address the issue because something is not as it should if the people talk about it. But we also must take into account the fact that those that offer bribe do not usually speak about this. That’s why, we cannot base only on rumors. I’m sure that the society will feel the changes in the system in a relatively near future. Certain problems related to the access to information will disappear when the court decisions are published and transparency in the judicial system will improve.