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Interference in Justice and Corruption among the Main Problems - ABA/CEELI Moldova

By Alexei Ghertescu

A couple of weeks ago the ABA/CEELI representative office in Moldova presented its report on indices of justice reform in Moldova within the framework of the Rule of Law Initiative (read more here-in Russian or here-in English).

It states that one of the mostly widespread opinions about Moldovan justice is that many judges are corrupt, though very few strong evidences support that opinion. However, it is mentioned that judges own expensive cars and houses that are impossible to acquire for their relatively low salaries.

Moreover, another significant problem still remaining unsolved is non-enforcement of almost half of judgments on civil and administrative cases. Unjustified delays in judicial decisions enforcement led to multiple judgments against the Republic of Moldova pronounced by the European Court of Human Rights.

Among the positive changes the ABA/CEELI mentions the increase of judges' responsibility for adopting judgments containing judicial errors.

According to the ABA/CEELI's country director in Moldova Corrine Smith the report represents the basis for the process of justice reform evaluation and is particularly important and opportune in the light of further reforms of judicial system that are planned by Moldovan authorities...

PS. As I have stated in one of my previous posts I consider it inopportune and even very dangerous to bring the judges to responsibility for decisions they adopt. First of all it contradicts to the basic principle of judicial independence and secondly it may lead to even more serious intervention and control over judicial power from executive authorities. Though, as a practicing lawyer I am highly interested in improvement of situation in Moldovan courts...

PPS. As it is stated in the report there are very few strong evidences of corruption cases among Moldovan judges. However, it reflects general view to Moldovan courts as being extremely corrupt. And this seems to be even more dangerous for judicial system - the existence of "anti-judicial" public opinion not supported by any strong evidences, what leads to distrust from the part of Moldovan people.

PPPS. The report is still unavailable at the ABA/CEELI web-site, so I can't provide any more information and analysis than it is presented in the news agencies articles...

Full post as published by LAW IN MOLDOVA on July 08, 2007 (boomark / email).