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The SCM Found Out Why the SCJ Does Not Comply With the Regulation on Publication of Judgments

05 September 2017
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On Tuesday, September 5, 2017, the members of the Superior Council of Magistracy (SCM) took note of the Minister of Justice Vladimir Cebotari request to examine how the Supreme Court of Justice (SCJ) applies and complies with the Regulation on the publication of judgments on the web portal of courts.
Prior to examining the issue on the agenda, SCM member Anatolie Turcanu, who presented Minister Cebotari’s request, asked discussions to be held in closed session. His proposal was not supported by the majority of SCM members, so journalists could watch discussions on the screen.

SCJ President Mihai Poalelungi commented that the minister of justice request came in connection with the different approach of the SCJ to the Regulation on the publication of judgments. In his opinion, some courts in Moldova apply this regulation in a wrong manner, hiding the names of judges, lawyers, and other parties of court cases from the judgments published on the website.
Poalelungi finds that such practices are exaggerated and contradict Article 10 of the Convention on Human Rights and Fundamental Freedoms, which protects freedom of expression.
The position of the SCJ president was supported at the meeting by another member of the SCM, Teodor Carnat, who also pleaded for the transparency of justice.

The minister of justice was not present at the SCM meeting, and our correspondent’s appeals to the SCM and the Ministry of Justice in order to obtain the text of the above-mentioned request did not succeed. Officials from both institutions told us to wait, because they cannot provide us with such information without the consent of their bosses.
Investigative journalists and the civil society have repeatedly expressed their indignation at the impossibility to search for a case after the first and last name of the person involved in the case. Only the Supreme Court of Justice has retained the practice of publishing the first and last name of the persons involved in cases.