{"id":447740,"date":"2019-11-28T20:21:16","date_gmt":"2019-11-28T20:21:16","guid":{"rendered":"http:\/\/www.moldova.org\/en\/?p=447740"},"modified":"2019-12-08T11:51:09","modified_gmt":"2019-12-08T11:51:09","slug":"the-same-old-way-of-selecting-a-new-prosecutor-general-of-the-republic-of-moldova","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/the-same-old-way-of-selecting-a-new-prosecutor-general-of-the-republic-of-moldova\/","title":{"rendered":"The same old way of selecting a new Prosecutor General of the Republic of Moldova?"},"content":{"rendered":"Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>

The process of selecting the Prosecutor General of the Republic of Moldova is ongoing, as well as the reform of judiciary. It seems that in a short time Moldova will have a new head of the General Prosecutor’s Office (GPO). However, the impression that the same old methods based on politicised decisions, violation of the legal regime of conflict of interests, opacity and impartiality is still there.<\/strong><\/p>\n

A while ago, the contest for selecting the Prosecutor General became the apple of discord within the previous coalition government (formed of the Party of Socialists of the Republic of Moldova -PSRM – and the political bloc ACUM), after former Minister of Justice\u00a0Olesea Stamate<\/strong> issued an order of cancelling the results of the contest for the position of Prosecutor General.\u00a0The former minister declared<\/a> that the contest was vitiated due to the lack of enough information about the candidates and the impartiality of one member of the Commission in charge with the evaluation.<\/p>\n

In a snowball effect, the Government assumed the responsibility for amending the Law on Prosecutor\u2019s Office, so that the prime minister would have been responsible for pre-selecting the candidates for the position of Prosecutor General and submitting the list of candidates to the Superior Council of Prosecutors (SCP), while the existing legal provisions stipulate that the pre-selection is done by a Commission of Ministry of Justice. The socialists (PSRM) was totally against such an amendment. As a result, the coalition fell and the Government was dismissed<\/a> by a no-confidence vote adopted by the Parliament.<\/p>\n

The old contest is the new contest<\/h3>\n

The same list of\u00a0four selected candidates for the position of Prosecutor General was transmitted to the SCP by the decision of the new Minister of Justice, Fadei Nagacevschi<\/strong>, despite all allegations made by the previous Minister of Justice.<\/p>\n

On November 28th, the interviews for the position of Prosecutor General contest took place. Subsequently, the members of the SCP have to evaluate the results and appoint a winner, submitting the candidacy to the president of the Republic of Moldova, who has to decide whether to sign the appointment decree or not.<\/p>\n

According to the regulation, the SCP has to publish the average of the total score obtained by each candidate on its official web page within 24 hours from the end of the interview. This time though, it was decided (internally) that only the average total score for each candidate will be made public, as during the last evaluations, the score given by each member of the Commission was made public and, as a consequence, the former Minister Stamati refused to submit the list of candidates to the SCP.<\/p>\n

Minister of Justice Fadei Nagacevschi declared<\/a> that “There are elements of privacy. Not everything needs to be made transparent<\/em>.“<\/em>\u00a0This time, the new Minister of Justice wanted to make sure that the contest would not be suspended and the list of candidates would be passed on.<\/p>\n

Doubts from inside<\/h3>\n

Eduard Bulat, a former candidates for the position of Prosecutor General who also holds the office of the deputy of Prosecutor General, filed a lawsuit<\/span> for violation of the legal regime of conflict of interest and lack of transparency against the Ministry of Justice, challenging the way the contest for the pre-selection of the head of the General Prosecutor’s Office candidates was conducted, as well as the results of this contest.\u00a0<\/em><\/p>\n

“One of the issues is regarding the absolute nullity of the act issued by the Commission, determined by the violation of the legal regime of conflict of interests, because one of the candidates was in certain relations with one of the members of the Commission. […] There was a margin of subjectivity left for the members of the Commission who evaluated the candidates according to criteria I am not aware of,”<\/em> said Eduard Bulat.<\/p>\n

The Chisinau Court rejected<\/span> the application submitted by Eduard Bulat, mentioning<\/a> that there are not enough\u00a0reasonable suspicions, sufficient and relevant reasons that would justify the suspension of the administrative act until its legality is verified in the judicial proceedings.<\/p>\n

The candidates<\/h3>\n

There are still four candidates selected by the Commission of the Ministry of Justice out of whom the Prosecutor General could be appointed.<\/p>\n

One of them is Alexandr Stoianoglo<\/strong>\u00a0who was also a deputy speaker of the Parliament, being elected on the lists of the Democratic Party of Moldova (DPM).\u00a0 In July 2019, after Vladimir Plahotniuc’s resignation from the DPM leadership, Stoianoglo’s name was mentioned among the potential future leaders of DPM.<\/p>\n

Vladislav Gribincea<\/strong>\u00a0is another candidate who was the president of the Centre for Legal Resources of Moldova (CLRM). He didn’t hold any office, but has been involved as an expert in the elaboration of the Strategy for the Reform of the Judiciary<\/em> for the years 2011-2016. The candidate has been a loyal donor of the Party of Action and Solidarity (PAS) for the last three years.<\/p>\n

Veaceslav Soltan<\/strong> is a prosecutor at the General Prosecutor’s Office, being also the head of the Information Technologies and Fight Against Cyber Crimes Department within the General Prosecutor’s Office.<\/p>\n

And the last candidate is\u00a0Oleg Cr\u00e2\u0219maru <\/strong>who\u00a0is a senior criminal prosecution officer at the National Anti-corruption Centre (NAC), previously working at the Customs Service, being head of the Directorate of Criminal Investigation and head of the Special Cases Section.<\/p>\n

More information about the candidates here<\/a>.<\/p>\n

(Update) The new Prosecutor General<\/h3>\n

The SCP already selected one candidate out of 4 proposed and submitted the candidacy to the Head of State for signing the appointing decree.\u00a0Alexandr Stoianoglo<\/strong>, the candidate that had previously a DPM affiliation, was announced as the candidate with the highest average score.<\/p>\n

President Igor Dodon signed the decree. The new Prosecutor General has already been presented<\/a> to the General Prosecutor’s Office. Everything happened in less than 24 hours since the interviews with candidates were conducted.<\/p>\n

“The appointment of the Prosecutor General is a long awaited moment, in order to overcome the deadlock of the General Prosecutor’s Office. I reiterate that, nowadays, the Republic of Moldova cannot afford to maintain a key institution in a semi-functional regime,\u201d<\/em> declared Igor Dodon.<\/p>\n","protected":false},"excerpt":{"rendered":"

Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>The process of selecting the Prosecutor General of the Republic of Moldova is ongoing, as well as the reform of judiciary. It seems that in a short time Moldova will have a new head of the General Prosecutor’s Office (GPO). However, the impression that the same old methods based on politicised decisions, violation of the […]<\/p>\n","protected":false},"author":31,"featured_media":447742,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,56],"tags":[35,472,27,473],"class_list":["post-447740","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-justice","category-reportaje","tag-important","tag-judiciary","tag-moldova","tag-prosecutor-general"],"content_social_share":"Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>

The process of selecting the Prosecutor General of the Republic of Moldova is ongoing, as well as the reform of judiciary. It seems that in a short time Moldova will have a new head of the General Prosecutor’s Office (GPO). However, the impression that the same old methods based on politicised decisions, violation of the legal regime of conflict of interests, opacity and impartiality is still there.<\/strong><\/p>\n

A while ago, the contest for selecting the Prosecutor General became the apple of discord within the previous coalition government (formed of the Party of Socialists of the Republic of Moldova -PSRM – and the political bloc ACUM), after former Minister of Justice\u00a0Olesea Stamate<\/strong> issued an order of cancelling the results of the contest for the position of Prosecutor General.\u00a0The former minister declared<\/a> that the contest was vitiated due to the lack of enough information about the candidates and the impartiality of one member of the Commission in charge with the evaluation.<\/p>\n

In a snowball effect, the Government assumed the responsibility for amending the Law on Prosecutor\u2019s Office, so that the prime minister would have been responsible for pre-selecting the candidates for the position of Prosecutor General and submitting the list of candidates to the Superior Council of Prosecutors (SCP), while the existing legal provisions stipulate that the pre-selection is done by a Commission of Ministry of Justice. The socialists (PSRM) was totally against such an amendment. As a result, the coalition fell and the Government was dismissed<\/a> by a no-confidence vote adopted by the Parliament.<\/p>\n

The old contest is the new contest<\/h3>\n

The same list of\u00a0four selected candidates for the position of Prosecutor General was transmitted to the SCP by the decision of the new Minister of Justice, Fadei Nagacevschi<\/strong>, despite all allegations made by the previous Minister of Justice.<\/p>\n

On November 28th, the interviews for the position of Prosecutor General contest took place. Subsequently, the members of the SCP have to evaluate the results and appoint a winner, submitting the candidacy to the president of the Republic of Moldova, who has to decide whether to sign the appointment decree or not.<\/p>\n

According to the regulation, the SCP has to publish the average of the total score obtained by each candidate on its official web page within 24 hours from the end of the interview. This time though, it was decided (internally) that only the average total score for each candidate will be made public, as during the last evaluations, the score given by each member of the Commission was made public and, as a consequence, the former Minister Stamati refused to submit the list of candidates to the SCP.<\/p>\n

Minister of Justice Fadei Nagacevschi declared<\/a> that “There are elements of privacy. Not everything needs to be made transparent<\/em>.“<\/em>\u00a0This time, the new Minister of Justice wanted to make sure that the contest would not be suspended and the list of candidates would be passed on.<\/p>\n

Doubts from inside<\/h3>\n

Eduard Bulat, a former candidates for the position of Prosecutor General who also holds the office of the deputy of Prosecutor General, filed a lawsuit<\/span> for violation of the legal regime of conflict of interest and lack of transparency against the Ministry of Justice, challenging the way the contest for the pre-selection of the head of the General Prosecutor’s Office candidates was conducted, as well as the results of this contest.\u00a0<\/em><\/p>\n

“One of the issues is regarding the absolute nullity of the act issued by the Commission, determined by the violation of the legal regime of conflict of interests, because one of the candidates was in certain relations with one of the members of the Commission. […] There was a margin of subjectivity left for the members of the Commission who evaluated the candidates according to criteria I am not aware of,”<\/em> said Eduard Bulat.<\/p>\n

The Chisinau Court rejected<\/span> the application submitted by Eduard Bulat, mentioning<\/a> that there are not enough\u00a0reasonable suspicions, sufficient and relevant reasons that would justify the suspension of the administrative act until its legality is verified in the judicial proceedings.<\/p>\n

The candidates<\/h3>\n

There are still four candidates selected by the Commission of the Ministry of Justice out of whom the Prosecutor General could be appointed.<\/p>\n

One of them is Alexandr Stoianoglo<\/strong>\u00a0who was also a deputy speaker of the Parliament, being elected on the lists of the Democratic Party of Moldova (DPM).\u00a0 In July 2019, after Vladimir Plahotniuc’s resignation from the DPM leadership, Stoianoglo’s name was mentioned among the potential future leaders of DPM.<\/p>\n

Vladislav Gribincea<\/strong>\u00a0is another candidate who was the president of the Centre for Legal Resources of Moldova (CLRM). He didn’t hold any office, but has been involved as an expert in the elaboration of the Strategy for the Reform of the Judiciary<\/em> for the years 2011-2016. The candidate has been a loyal donor of the Party of Action and Solidarity (PAS) for the last three years.<\/p>\n

Veaceslav Soltan<\/strong> is a prosecutor at the General Prosecutor’s Office, being also the head of the Information Technologies and Fight Against Cyber Crimes Department within the General Prosecutor’s Office.<\/p>\n

And the last candidate is\u00a0Oleg Cr\u00e2\u0219maru <\/strong>who\u00a0is a senior criminal prosecution officer at the National Anti-corruption Centre (NAC), previously working at the Customs Service, being head of the Directorate of Criminal Investigation and head of the Special Cases Section.<\/p>\n

More information about the candidates here<\/a>.<\/p>\n

(Update) The new Prosecutor General<\/h3>\n

The SCP already selected one candidate out of 4 proposed and submitted the candidacy to the Head of State for signing the appointing decree.\u00a0Alexandr Stoianoglo<\/strong>, the candidate that had previously a DPM affiliation, was announced as the candidate with the highest average score.<\/p>\n

President Igor Dodon signed the decree. The new Prosecutor General has already been presented<\/a> to the General Prosecutor’s Office. Everything happened in less than 24 hours since the interviews with candidates were conducted.<\/p>\n

“The appointment of the Prosecutor General is a long awaited moment, in order to overcome the deadlock of the General Prosecutor’s Office. I reiterate that, nowadays, the Republic of Moldova cannot afford to maintain a key institution in a semi-functional regime,\u201d<\/em> declared Igor Dodon.<\/p>\n

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