Analysis of compliance with the principles of the independance of the judiciary system of Transnistrian region of Moldova

Analysis  of compliance with the principles of the independance of the judiciary system of Transnistrian region of Moldova

Анализ соблюдения независимости судебной системы приднестровского региона[EN]
Анализ соблюдения независимости судебной системы приднестровского региона[RO]
Анализ соблюдения независимости судебной системы приднестровского региона[RU]



Analysis  of the compliance with the principles of the independance of the judiciary system of Transnistrian region of Moldova

Overall Recommendations

On measures of pretrial detention / conclusions

1. Pre-trial detention should be reduced to 48 hours. Make preventive measure house arrest as a viable alternative for the custodial detention.
2. Entroduce the juvenile justice system. / Number of special preventive measures and reeducation for minors should be a priority.
3. Remove application of art. 78 CCP – detention and arrest - as default option for any non-resident of the Transdniestria.
4. Carry out an effective investigation into the allegations of ill-treatment on the left bank and bring to justice those responsible for. Arrest ordered by the investigating judge.

Independence of judges and the judicial system  

1. Eliminate any influence from the executive decisions on detention;
2. Carry out the reform and improvement of the system of self-government of the judiciary in order to free her from the decision-making bodies of the executive / presidential power on issues such as discipline and encouragement, through the creation of an independent judicial council with such powers as the selection and promotion of judges and their application to disciplinary measures; in particular, to eliminate the higher powers of the judiciary and judicial bodies that contradict the independence of the judiciary and judges.
3. Implement public oversight and transparency of the judicial community.
4. Reform the appointment of judges, eliminating the role of the executive branch to the final stage. As a minimum, to establish a mechanism of selection, which would be assigned a major role independent of the executive and the legislature body, of which would include a significant amount of the judges elected to this body of their colleagues and the public.
5. Refrain from temporary appointment of judges, which can lead to abuse, and strengthen the model of life purpose and tenure of judges; conduct an open, transparent and directly accessible competition for vacant judgeships in place procedures involving solutions presidents of courts and executive authorities; ensure the transparency of all decisions on judicial appointments;
6. Make the second level of cases, such as the Court of Appeal, because of depth, comprehensive review of legal and factual aspects of the case.
7. Revise for formal consideration of appeals. Judges must be willing to work with both sides, focusing on significant legal and factual issues that could potentially change the nature of the sentence. The appeal does not necessarily make immediately after the oral hearing so that the judge had enough time to study the issues raised. It follows that defendants were present at the appeal hearing of his case.
8. Distribute cases between judges on the basis of the extent possible, objective and transparent criteria established in advance by law or by special acts on the basis of the law, for example, the charter of vessels, it is best to distribute them randomly. Exceptions must be reasonable;
9. Provide training for judges in order to eradicate the practice, which leaves the impression of having a court accusatory.
10. Provide training for prosecutors, in particular with their obligations in order to familiarise with international legal instruments in view of ensuring the fundamental rights and freedoms.
11. Minimize intervention intelligence agencies in the region and other countries in the legal-judicial system of the left bank.
12. Inform population with fundamenal rights and freedoms, as well as the possibilities of their software and applications on both banks of the Dniester.
13. Creating and ensuring conditions and mechanisms to maximize public access to the left bank of the national legal and judicial system.
14. Delete reminder of the death penalty in the Criminal Code.
15. Remove references to the President as a guarantor of the independence of the judiciary and constitutional norms such example is not inherent in the Constitution of the Republic of Moldova and the Russian Federation, where the role of the President summarized only to the appointment and promotion of judges.



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