Supreme Court of Justice unjustifiably limits disciplinary punishment of judges, NGO

The public association Legal Resource Center accuses the Supreme Court of Justice of unjustifiably limiting the disciplinary punishment of judges, Info-Prim Neo reports. In a communiqué, the NGO says on May 11 the Supreme Court of Justice rejected the application filed by the Moldova Human Rights Institute (IDOM), the Associate Law Office “Public Lawyers” and the Ministry of Justice, whereby they demand annulling a decision taken by the Supreme Council of Magistrates. The Supreme Council of Magistrates refused to validate the decisions of the Council’s Disciplinary Board, which demand disciplinarily punishing three judges of the Supreme Court of Justice, including the Court’s president, for quashing an irrevocable decision by an illegal method, neglecting the previous judiciary practice. The Disciplinary Board proposed dismissing the Court’s president Ion Muruianu from the post of judge, severely reprimanding judge Vasile Cherdivara and demoting judge Vasile Ignat. The Supreme Council of Magistrates rejected the Board’s proposal, arguing the judges cannot be punished as the decision passed by them is irrevocable. The plaintiffs asserted the challenged decision is illegal as the quorum was not present for the decision to be adopted. The Legal Resource Center says the reasons for the Supreme Court of Justice’s decision have not been yet made public, but are to be made known within a month. On August 4, 2010, IDOM and the Associate Law Office “Public Lawyers” submitted a challenge to the Chisinau Court of Appeals, asking annulling the Supreme Council of Magistrate’s decision of June 22, 2010. The Legal Resource Center is the plaintiffs’ representative in court. The Ministry of Justice joined them later, at their request. The case had been examined for about nine months, thought it had to be dealt with as a matter of urgency. The mentioned judges could be held accountable until December 2010.