The president of the Romanian Association of Magistrates, Andreea Ciuca, strongly criticizes the involvement of the secret services in the judiciary in the Republic of Moldova, stating that it seriously violates the separation of powers in the state and the independence of the judiciary.

“The Association of Romanian Magistrates (AMR) publicly disapproves of the serious violation of the separation of powers in the state and of the independence of the judiciary, through the direct interference of a secret intelligence service in the judiciary in the Republic of Moldova.

The Association of Romanian Magistrates (AMR) draws attention to the danger of involvement of the secret services in the judiciary in the Republic of Moldova, starting from the dangerous precedent and serious consequences for the independence of the judiciary of the interference of the intelligence services in the Romanian judiciary.

Specifically, the Intelligence and Security Service of the Republic of Moldova notified the National Anticorruption Center and the General Prosecutor’s Office, regarding the actions of the judge from the Chisinau Court who, on December 31, 2021, issued a decision by which Judge Vladislav Clima (until recently president ). of the Association of Judges of the Republic of Moldova) was reinstated as President of the Chisinau Court of Appeal. The prosecutor’s office was notified on a date when the decision was not yet motivated. In addition, after reasoning, it could be challenged in accordance with the procedures provided by law.

We remind you that Opinion no. 21 (2018) on the prevention of corruption among judges, adopted by the Advisory Council of European Judges, includes what firm recommendations regarding the involvement of intelligence services in proceedings concerning the integrity of magistrates. opinion, which is based, according to the preamble, in particular on the findings and recommendations of the Council of Europe’s State Group against Corruption (GRECO), including the report on “Preventing Corruption in Members of Parliament, Judges and Prosecutors. Conclusions and Trends “(GRECO Fourth Evaluation Round)”, provides the following standards:

• the checks made by the security services may NOT target the judges in office;
• in no way should the fight against corruption among judges lead to the interference of a secret service in the judiciary.

In this context, the Romanian Association of Magistrates (AMR) again refers to the serious consequences of the interference of intelligence services in criminal investigations on the independence of the judiciary and, therefore, on the right of citizens to a fair trial.

On the other hand, as AMR has repeatedly pointed out and rightly so, the judges’ investigation into the legality and validity of the judgments they handed down, by discussing in those criminal proceedings the issues concerning the legality and validity of the judgments, was an attack. . serious to the stability of the act of justice and to the independence of the judiciary, as a pillar of the rule of law. So, this type of procedure foreign to a democratic judiciary was also used in Romania, under the pretext of the fight against corruption and to the applause of a part of the media, civil societies, embassies and European bodies, ignoring the fundamental elements of an independent judiciary. they were the ones who promoted and supported them “, it is shown in the press release.

The judge also reiterates the continuing importance of the fight against corruption and conveys to the Republic of Moldova that it must decide the path to follow.

„SCM decision no. 225/2019, confirmed and consolidated by Decision no. 6144/7 December 2021 of the High Court of Cassation and Justice, reveals the alarming consequences, for the independence of the judiciary, of such a criminal policy, attesting to the violation of the law in the criminal investigation of magistrates.

The Republic of Moldova is now at a turning point and must decide what it wants: an independent and European judiciary or a submissive judiciary, in which the legality of judgments must be “agreed” by the prosecution and intelligence services.

Romania’s example is defining for the failure of the next model, as well as for their harmful consequences on citizens’ trust in justice.

The fact that a system in which the legality of court decisions is verified, questioned by a criminal investigation cannot be admissible, also results from Opinion no. 3 (2002) of the Consultative Council of European Judges. According to them, the powers entrusted to judges are subject not only to domestic law, as an expression of the will of the nation, but also to the principles of international law and justice, as recognized in modern democratic societies; every judge must do his utmost to uphold legal independence, both institutionally and individually; the judge must not work under the threat of a pecuniary punishment, much less one with imprisonment, the presence of which may, even subconsciously, affect his judgment; the correction of judicial errors (whether related to jurisdiction, substance or procedure) must be done through a system of remedies.

As it has consistently done, AMR will always uphold these principles, without which there is no independent judiciary; therefore strongly endorses the direct ingestion of a judicial intelligence service in the Republic of Moldova, given that this causes a serious violation of the states and powers in the state and the independence of the judiciary – to support the actions of Moldovan colleagues before the European Association of Judges. and in front of the competent European forums ”, the President of the Romanian Magistrates Association, Andreea Ciucă, said in a press release.