Prosecutor general and justice minister should not form part of SCM, European official

The prosecutor general and the minister of justice should not form part of the Superior Council of Magistracy (SCM), the hearings should be open, while the court decisions should be published, except for cases when minors and victims of sexual abuse need to be protected, said Council of Europe Commissioner for Human Rights Nils Muiznieks, who completed his five-day visit to Chisinau, IPN reports, with reference to an interview given by the official to Radio Free Europe.

Asked about the EU’s official announcement that Moldova will not receive the last tranche of the financial assistance intended for its justice sector, Nils Muiznieks said this announcement transmits a powerful signal to the authorities – that a lot is yet to be done to reform justice. “I also noticed particular shortcomings in the functioning of this system during the last five days. It’s true that we can also speak about some progress in particular areas, but I would like to start with the shortcomings. First, the independence of the justice sector should be strengthened by reforming the Superior Council of Magistracy and here I mean the exclusion of the prosecutor general and the minister of justice from this,” noted the European official.

The commissioner said a lot is yet to be done to strengthen transparency of the justice system and the hearings should be open, not closed. Also, preventive measures need to be taken. Many representatives of civil society and lawyers warned about the detention conditions in Penitentiary No. 13 in Chisinau, noting that the holding of persons there is a form of intimidation and a method of forcing those persons to make confessions.

Nils Muiznieks referred also to the case of Andrei Braguta. According to him, this case revealed a number of things that should be dealt with, first of all as regards the treatment of persons in detention.

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