Interference in Justice and Corruption among the Main Problems - ABA/CEELI Moldova
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...
Labels: Corruption, Courts, Judicial system
posted by Alexei Ghertescu @ 10:06 PM
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4 Comments:
Am citit raportul respectiv si mi se poare foarte evaziv.
Cit priveste informatia conform careia opinia publica considera ca institutiile de justitie sunt corupte - nu este o noutate pentru nimeni, se reitereaza ceea ce toti stiu de mult timp...
I would have thought making judges financially responsible for ECHR rulings against them was a way of short-circuiting the national system into compliance with Moldova's international obligations in the human rights field. I fully agree it is not an ideal solution by any stretch of the imagination but neither is Moldova's record with the ECHR. What other short-term safeguard of the rights of the individual citizen come to mind? Thanks for an interesting blog!
Anonymous.
Imagine a situation when a judge adopts a decision under the pressuer of certain high officials. And then the ECHR recognizes the violation of one's rights under the European Convention.
Do you think that in such case bringing that judge to personal responsibility is fair?..
I think that following the idea of judges' personal liability for their decisions we may found our judicial system even in a much poorer state. And the multi-level judicial system is also becomes pointless, because in every case when the Supreme court quashes the lower courts decisions we should bring the judges to responsibility...
As you pointed yourself this is a short-term remedy. And it may have long-term negative consequences...
Very often I hear that corruption in the judicial system starts when judges-to-be buy their position. Therefore, they regard their profession as an investment, and they need to get their money back. It sounds absolutely crazy, and the system that allows something like this is inherently wrong.
Lucia
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