Call to PGO: Institute a mechanism for stopping illegalities committed by prosecutors

The prosecutor general, who is trusted by society and by the lawyers who act legally, should institute a mechanism that would really contribute to the identification and stopping of the illegalities committed by prosecutors, said lawyer Mihail Boiștean, who noted that under the law, the complaints filed to the Prosecutor General’s Office (PGO) return to the prosecutor’s offices featured in petitions. They reach the superior prosecutors, are examined formally and are rejected as a result.

In a news conference at IPN, Mihail Boiștean said that in January 2020, Alexandr Stoianoglo, who was freshly named as prosecutor general, in a news conference spoke about the inspections at specialized prosecutor’s offices, about the illegalities committed by these, primarily against businesses. Then, Stoianoglo promised that such attacks would no longer repeat.

“During the past almost a year, a relief has been felt in the system. The abuses decreased in number, the prosecutors were more attentive, more complaints filed by lawyers were accepted. But the situation has changed radically now. The illegalities committed by the investigation bodies, by prosecutors have even intensified,” stated the lawyer.

According to him, during the past year the prospector general’s messages concerning the respect for human rights, strict observance of the procedures were for lawyers a signal that the situation in the system should change. But it seems that the prosecutor general’s messages didn’t reach his inferiors.

Mihail Boiștean related the case of an entrepreneur from the Transnistrian region, saying that criminal proceedings were instituted against him and his business was blocked. The ordinary court rejected the request to arrest him, but the Appeals Court issued a warrant for his arrest and this is a practice for the Appeals Court.

Lawyer Veaceslav Țurcan confirmed that there are multiple cases in which the judge of inquiry does not impose remand detention, while the Appeals Courts accepts the prosecutors’ request. The legal practice is not equally applied in relation to all the people. The differentiated treatment is seen primarily in the case of rich people and poor people. In the case of the last, there is a high probability that they will be arrested, their rights will be violated and they will not win the case at national level. Even if justice is later made to them by the ECHR, the judges are not affected and the people’s life in many cases is destroyed.

The news conference forms part of the series of conferences held in the framework of IPN’s project “Injustice Revealed through Multimedia”. The project’s partner is the Lawyers Union of Moldova. IPN Agency does not assume the right to decide if the organizers of news conferences are right in the cases about which they will speak as this is the exclusive prerogative of justice, but the exaggeratedly long examination period of these cases, which is much longer than the law allows, can be considered an act of evident unfairness and injustice. IPN News Agency does not bear responsibility for the public statements made in the public sphere by the organizers of news conferences.

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