Moldovan justice ministry takes note of ruling by European Court of Human Rights Stoianoglo versus Moldova

Chisinau, 24 October /MOLDPRES/ - The Justice Ministry today informed that it had taken note of the ruling by the European Court of Human Rights (ECHR), Stoianoglo versus Moldova. The ministry noted that amendments had been recently made to the Law on Prosecutor’s Office, within which the mechanism on suspension from office of the Prosecutor General was also revised, in order to avoid such decisions in the long run.

A press release issued by the institution reads that “the demand by Stoianoglo refers to the alleged impossibility of the claimant, in his capacity of Prosecutor General, to appeal his suspension from office in connection with the opening of a criminal file against him. Relying on the Article 6, paragraph 1, of the European Convention on Human Rights, the claimant complained to the Court of the fact that he had not had access to court to appeal his suspension from office. Also, by invoking the Article 13 of the Convention, he complained for the lack an efficient remedy nationally, through which he should appeal his suspension from office,’’ the communiqué reads.

Also, the Justice Ministry find out that, as for the applicability of the Article 6, paragraph 1 of the Convention, the Court backed the argument of the government, according to which the national legislation excluded, at that time, the possibility to appeal the suspension from office.’’ „The Court considered that the automated suspension from office of the General Prosecutor, in the situation of the opening of a criminal file against him, cannot be justified by objective reasons prompted by the interest of the state, in the lack of any form of legal control.’’

„The Court provided the complainer 3,600 euros for the moral damage and turned down the complainer’s pretensions as to the costs and expenses,’’ the press release also reads.

The ministry specifies that the ECHR’s ruling becomes final three months after its publication. Subsequently, within the procedure of enforcement, individual measures are to be implemented through paying compensations for the moral damage caused to the complainer.