If we succeed in reforming the judicial system efficiently
the society will enjoy a functional and independent justice...
Interview with Mrs.Valeria STERBET,
president of the Supreme Court of Justice
1. We would ask you, for the beginning, to dwell on the most significant achievements in the national judicial system?
At the beginning there existed only some objectives at theoretical level. We tried to show to the juveniles in detention that we opted for their social integration. Besides providing legal and psychological assistance – primary objectives of the Institute for Penal Reform, (IRP), we tried to promote for juveniles the alternatives to detention as well.
In a state of law, the existence of an adequate legislative framework, well-structured and adjusted to the restrictions of the international law rules is meant for each activity area, including the justice area. In this line, we can affirm with certainty, that the judicial authority at present enjoys such a legislative framework, though the perfection has no borders. Some 10 years ago, after the Constitution adoption, there were enforced important organic laws on the organization and function of the judicial system, laws which in the last years have been amended substantially, thus ensuring the carrying out of the justice reform.
Today, we can affirm with certainty, that one of the significant achievements of the judicial system is the strengthening of its conditions of activity as a result of implementing the new legislative framework, in force from June, 12, 2003.
At the same time, it should be mentioned, that the judicial system has recorded a series of events, with direct or indirect impact on its activity. That is the signing of the Plan of Actions “The Republic of Moldova – The European Union” and the adoption of the national Program of its implementing, which objectives include also the harmonization of the legislation of the Republic of Moldova with the European Community, as well as the further improvement of the legislative framework, regulating the organizing activity of the judicial system and judicial self-administering bodies.
In this context, it should be emphasized the importance of the Law on amendment and completion of some legislative acts no. 174-XVI from 22.07.2005, which in accordance with the international norms solved the problems regarding the appointment of judges, presidents and vice-presidents of the courts of justice, including the Supreme Court of Justice. Due to this Law there were introduced essential amendments on the structure of the Superior Council of Magistracy, oriented to ensure the practical achievement of the judicial self-administering principle.
A special mark upon the activity of the judicial system and the Superior Council of Magistracy left also the Decision of the Parliament no. 233-XVI from October, 14, 2005 on the creation of a special committee, which activity results resulted in parliamentary debates on December, 28, 2005 and the adoption of the decision of the parliament no. 370-XVI on “The results of the control carried out by the special parliamentary commission on the situation of the prisoners held in the insulator for criminal prosecution no. 13 of the Department of the Penitentiary Institutions, whose files were being examined in the courts of justice.
In this line, it should be emphasized that the activity of the judicial system and the Superior Council of Magistracy was connected to the international and national programs, regarding the activity in the field of justice, especially, regarding the protection of human rights, the fight against the organized crime and corruption, human trafficking, other forms of crimes, including those with international character.
2. What problems, others than those financial, is facing the judicial system today with?
In present, one of the problems is the insufficiency of the institutional capacities and the lack of a management of the judicial system. I would like to mention, that within the USA Program “The Challenges of the Millennium”, The Supreme Court of Justice has expressed its opinion on the following primordial objectives for their solving:
• the repair and the adequate endowment of the courts of instance, as well as set-up of a management, which would contribute to the efficient administering and fair operating of justice;
• the development of the recording and analyzing system of the judicial statistics;
• the creation of an incorporated electronic system for the whole judicial system in distributing the files, as well as the pursuance of their judging, etc.
Another problem of the transition society is the high level of the corruption phenomenon. In order to counteract it within the justice area, the Supreme Court of Justice has been involved in a number of projects of the national and international institutions relating to the assessment of the corruption risk in the judicial system. In this line, the Programs of the European Committee and those of the European Council and the Program “The Challenges of the Millennium” in the filed of combating the corruption have a special significance. The Superior Council of Magistracy together with the Supreme Court of Justice, based on a Plan of Actions is carrying out an activity of implementing some programs in this field.
3. What do you think, are the alternatives to detention promoted in recent years justified? I mean the community service, probation etc.?
I am absolutely sure, that the alternatives to detention are justified and efficient, considering the convict’s personality.
It is worth mentioning that the number of convicts whom the community service has been applied increased essentially. Thus, for 2004 this sanction was applied to 1,2% of convicts, in 2005 – 12,7%, and in 2006 their number increased up to 26,2%.
As regards the number of convicts sentenced to conditional adjournment of serving the sentence (art. 90 Criminal Code of the Republic of Moldova), in 9 months of 2006 it amounted to 31,3% of the total number of convicts. It follows that 57,5% of convicts have been applied alternative to detention sanctions.
The fair applying of these sanctions will let also the community to contribute to the process of correction and re-education of convicts, including the convicts’ involvement in work activities useful for the society. Therefore, we believe that in many cases these alternatives to detention represent a fair and equitable applying of criminal sanctions.
4. What is your opinion regarding the National Institute of Justice?
The National Institute of Justice (hereinafter “NIJ”) founded by a separate law, is a fundamental tool in developing an equitable and efficient judicial system, because for the first time the Republic of Moldova had an adequate framework for the initial and continuing training of judges and prosecutors, as well as other persons contributing to carrying out the justice, which will allow the representatives of these professional categories to perform their duties in a satisfactory way and at a high level of their province. At the same time, the Law on NIJ aims to guarantee the implementation of an adequate and clear system of selecting the applicants and designating the judges and prosecutors.
For the elaboration of this law it was undertaken the sample of the National School of Magistracy of France, existing, as a matter of fact, in the majority of French states. Within the practical-scientific Conference “The Progress of the Judicial Reform in the Republic of Moldova. Achievements, Problems, Perspectives” (Chisinau, September, 6-7, 2006), Daimar LIIV, expert from Estonia, mentioned that the Law of the Republic of Moldova on the National Institute of Justice is much more qualitative than the Estonian one, and its good activity depends on the way of its implementing.
5 . Which are the most frequent recommendations for the judicial reform from the international experts visiting us?
In this line, the recommendations of the European Council experts during this Conference are relevant. They consider, that the legislative framework reforms relating to the judicial system, implemented in the Republic of Moldova in recent years, serve as a justified ground for satisfaction, not only because they result from the cooperation of the Republic of Moldova with the European Council, within the Common program with the European Committee, but, especially, because these reforms contribute to the creation of a strong and comprehensive legislative framework of the judicial system, according to the European standards.
The reform of the judicial system represents a necessary step in strengthening the state of law in the Republic of Moldova, as well as for the existence of a functioning and independent justice, which would ensure the observance of human rights and freedoms and the society would trust in. As regards other laws on the judicial system, it should be paid a special attention to certain aspects such as:
• the recruitment, the assessment and the career of judges and prosecutors;
• the structure and the duties of the Superior Council of Magistracy;
• the improvement of the disciplinary responsibility system of judges;
• the strengthening of the justice budget and the improvement of work conditions of judges and prosecutors;
• setting-up an adequate status and creating normal work conditions for court clerks and the whole machinery of law.
Other problems, supposed to be solved, are related to:
• improving and simplifying the criminal procedure;
• juvenile justice;
• developing the administrative solicitor’s job;
• developing an efficient system of protecting the victims of crimes.
Briefly, it can be affirmed, that the problems which the judicial system is confronting with, have materialized better than ever, having been also emphasized the way of their solving, which serve as a guarantee that the society would benefit from a more efficient and qualitative justice.
