The International Commission of Jurists (ICJ) has made a submission to the Human Rights Council’s (HRC) Universal Periodic Review (UPR) of Moldova.
The ICJ’s submission raises concerns regarding the independence of the judiciary, which is essential to protection of human rights, including the right to fair trial. In particular, it highlights problems in the composition of the Superior Council of Magistracy (SCM), the procedure for selection and appointment of judges, judges’ security of tenure, the disciplinary system for judges and the persistence of corruption in the judiciary.
The ICJ submission calls on the Working Group on the Universal Periodic Review and the Human Rights Council to make the following recommendations to the Moldovan authorities concerning the independence of the judiciary:
- to take measures of reform in respect of the administration of justice with a view to ending the undue interference of the executive with the judiciary, including in the selection, appointment, promotion, transfer, secondment or any other aspects of the management of the career of judges;
- to ensure that the SCM is independent from the executive, including by amending its composition to ensure that it consists predominantly of judges appointed by the judiciary itself, that it is pluralistic and competent to decide on all issues relating to the functioning of the judiciary and is empowered to uphold the independence of the judiciary;
- to strengthen the anti-corruption legal framework universally, consistently and indiscriminately enforced to prevent corruption with regard to judges, notably to prevent the appointment and promotion to judicial positions of candidates with integrity risks.
- to improve the national law and the practice in line with the international standards on independence of judiciary to ensure that the SCM fulfils its role as defender of the independence of the judiciary and the rule of law in Moldova.
Read the full submission here: INTERNATIONAL COMMISSION OF JURISTS’ SUBMISSION TO THE UNIVERSAL PERIODIC REVIEW OF MOLDOVA_ENG_2021