Deferring opinions about suing of judges for made mistakes

Some of the experts criticize Minister of Justice Vladimir Cebotari’s initiative to sue a number of judges who are to blame for the conviction of Moldova by the European Court of Human Rights (ECHR), while others consider such a move is welcome. The issue was discussed in the talk show “Moldova live” on Moldova 1 TV channel, IPN reports.

Vladislav Gribincea, director of the Legal Resources Center, considers this action will not solve the problems existing in the system. “Such a practice exists only in two countries - Romania and Moldova. The civil legislation of the Republic of Moldova allows filing lawsuits against judges blamed for the cases lost by Moldova at the ECHR. This is not a bad initiative, but I think there are much more serious problems in justice, which should be given priority,” he stated.

Ion Dron, head of the Center for Initiatives and Public Authorities Monitoring, welcomed Minister Cebotari’s initiative, but considers that this can have a negative impact on honest judges. “There should be a clear delimitation – when the judge was ill-intentioned and when he/she made a mistake unintentionally. The penalty should not be alike for everyone. The judges are also humans and they can make mistakes. Anyway, in the conditions in which the Moldovan justice is now, this initiative is welcome,” he said.

Deputy Minister of Justice Nicolae Esanu said the institution he represents has worked on the given initiative for a long period. “We carried out a thorough analysis of ten cases lost at the ECHR. Not the size of damages, but the severity of the human rights violations was taken into account,” he stated.

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