The Constitutional Court found that, following the repeal of the appeal in annulment, victims of political repression were left without a legal remedy to request the annulment of convictions issued by courts during the totalitarian regime. Until Parliament amends the legislation, these requests will be examined by the Supreme Court of Justice through the review procedure, IPN reports.
The issue arose after the Parliament eliminated the appeal for annulment from the Criminal Procedure Code in 2023. At the same time, the Law on the Rehabilitation of Victims of Political Repression remained unchanged and continued to provide this path for the annulment of sentences handed down by judicial bodies.
The Constitutional Court thus identified a legislative omission. According to the Court, by eliminating the appeal for annulment, without establishing another procedure, it became impossible to apply the mechanism provided by law for persons convicted by courts during the period November 7, 1917 – June 23, 1990.
According to the CC, the rehabilitation of these individuals is not limited to recognizing historical consequences of repression. The procedure allows for the annulment of a conviction which, in the case of victims of political repression, did not represent the result of a legal finding of guilt, but a form of persecution for activities directed against the totalitarian system.
Until the Parliament makes the necessary changes, the Supreme Court of Justice will examine the requests and appeals made by the General Prosecutor’s Office for the annulment of such convictions, as well as the decisions of the General Prosecutor’s Office in which rehabilitation is refused.
The decision of the Constitutional Court was pronounced on Tuesday, following a notification filed by the General Prosecutor’s Office in a case pending before the Edinet Court. The Court declared the legislative omission in Law no. 246 of July 31, 2023, as unconstitutional. The CC decision is final and comes into effect on the date of adoption.
