„Stemma” of justice (II)

Author: Victor Moșneag, Anatolie Eșanu, Ziarul de Gardă

29/09/2017 18581

They were colleagues at the Law faculty, and now they are acting as judges, being opponents from the post of judges, lawyers or prosecutors. Though they say that the relationships of colleagues from the period of study do not influence on their professional activity in any way, several concrete cases prove that some judges and prosecutors have been promoted just in the period when their faculty colleagues served important posts in the justice system. You can see below the university colleagues of the chairman of the Supreme Court of Justice Mihai Poalelungi, of the General Prosecutor Eduard Harunjen and of the former Minister of Justice Oleg Efrim.

University colleagues of the chairman of the Supreme Court of Justice

Mihai Poalelungi, president of SCJ, at the General Meeting of Judges. Photo: zdg.md

For instance, chairman of the SCJ Mihai Poalelungi graduated from the Faculty of Law of the Moldova State University (USM) in 1988. Igor Dolea, judge at the Constitutional Court received the graduation diploma in the same year. In the past, Dolea was a member of the SCM, but also a member of the Qualification Board of the SCM. Another colleague of Poalelungi was Dumitru Graur, Chief Prosecutor of the Prosecution Service of the SCJ. Also, Graur headed this service before the justice sector reform. Recently, he won the contest organized by the Superior Council of Prosecutors (SCP) and is to head this service for the next five years. Dumitru Graur says that the relationship of colleagues with Poalelungi does not prevent him from being objective.

Also, Igor Serbinov, former deputy prosecutor of the general prosecutor in the period 2007-2016, current Chief of the Legal Department within the General Prosecutor’s Office (GP), was a university colleague with the head of the SCJ and with his current colleague from the Prosecutor's Office, Dumitru Graur. Among Poalelungi's faculty colleagues, we find former prosecutor Mihail Cantir, prosecuted for passive corruption, but acquitted in 2013 by a final decision issued by the SCJ. The trial to SCJ was filed by Dumitru Graur on behalf of the General Prosecutor’s Office.

SCJ judge Ion Guzun was a faculty colleague of Poalelungi. Guzun was promoted to SCJ in 2014, although he had the lowest score among the five candidates enrolled in the contest, only 57, while the other four had over 74 points, being assessed by the Board for Judges’ Selection and Career. Judge Eugeniu Clim from CA Chisinau, Vasile Vulpe, dismissed from office in 2011, Ion Dandara, who left the system in 2014, Tudor Leahu, who resigned 2016, Boris Timbalari, Iurie Vizitiu or Ion Bosii, but also a number of former or current less known lawyers graduated the Law Faculty of USM in 1988. Ion Bosii's son, Dumitru, is a magistrate at the Cahul Court. One of the lawyers who were faculty colleagues of Poalelungi, Vladimir Darii, represented several times the interests of his clients at SCJ, some decisions being taken by his former colleagues. "President Poalelungi did not meet Vladimir Darii since they graduated the university. President Poalelungi is working in the Civil, Commercial and Administrative Board, and does not have any connection with criminal cases", said SCJ.

Colleagues Resetnicov, Efrim, Sternioala and Melniciuc

The class of the year 1997 of the Law Faculty of the USM gave the Moldovan justice known lawyers, judges or prosecutors. The former Minister of Justice, Oleg Efrim , judge Oleg Melniciuc, former chairman of the Riscani Court in Chisinau, Oleg Sternioala, former chairman of the Buiucani Court based in Chisinau and Vladislav Clima, magistrate at CA Chisinau, he is also the son of former SCJ judge Nicolae Clima, the current head of the Judicial Inspection of the SCM received graduation diplomas in 1997.

One of their colleagues was Artur Resetnicov, the current democratic MP, former head of the Intelligence and Security Service. Resetnicov held several important positions in the Apparatus of the President of the Republic of Moldova during the period 2001-2007, he was head of the General Directorate, Legal Advisor and Chief of the Law and Public Relations Division. Coincidentally or not, but during this period, some of the former colleagues became judges, appointed by the decrees of Vladimir Voronin. For example, Oleg Sternioala became a judge in June 2001, and in 2006 he was appointed deputy chairman, and in 2008 following the opinion of SIS managed by Resetnicov, he was appointed chairman of the Buiucani District Court. Oleg Melniciuc was elected judge in 2004, and two years later, by the president's decree, he was elected deputy chairman in the same court. The class of the year 1997 included former judge Sergiu Crutco, dismissed after he investigated young people in the commissariats on April 7, 2009. He was appointed judge in 2005.

Lawyers Dorian Chirosca, Vitalie Ciofu, Oleg Chicu, Daniel Martin, former members of the Judiciary Inspection at SCM, Valeriu Catan and Ion Tutunaru, prosecutor Mariana Gornea, newly elected head of the Section of juvenile justice, former communist MP Igor Vremea, former minister of Justice, Vladimir Grosu, and the current magistrate Silvia Garbu, recently promoted at CA Chisinau, graduated the Law Faculty in 1997. The class of the year 1997 includes Valentin Zubic, former deputy minister of Internal Affairs, judge of SCJ Nadejda Toma, Stela Blesceaga, magistrate at Chisinau Court.

Efrim: „ We were good, so what?”Reșetnicov: „ I am proud of all colleagues”

From left to right, lawyer Daniel Martin, Alina Sarga, Oleg Efrim and judge Oleg Sternioala

"The fact that we were colleagues does not mean that we have other relationships than lawyer- judge. You cannot admit that there is a conflict of interests just because you were one’s colleague. Yes, it cannot be ruled out that it may be, but it does not necessarily exist. We had situations when this was a reason for a recusal because we were former colleagues with some judges. The magistrates who examined the appeal considered that the mere fact that we were colleagues is not a reason of recusal. If we are god fathers, it can be approached differently", says former Justice Minister Oleg Efrim. He believes that the class of the year 1997 was a good one, which gave some ministers, MPs, chairmen of courts, judges at the Supreme Court. "We were good, so what?" added Efrim.

The current democratic MP Artur Resetnicov says that he did not favor his university colleagues and did not benefit from their help. "We all have studied different fields - jurisprudence, architecture, economics, journalism. It's not a problem that you studied at a certain faculty at the State University. If you studied with another hundred people, it does not mean that they were favored during the activity. Besides colleagues serving as judges, I have many colleagues acting as lawyers, policemen, prosecutors, notaries, journalists who have studied Law. I was not the one to decide, I was not the one who signed the appointment or promotion of people. The functions I served did not enable me to appoint or promote someone. It has nothing to do with it. I am proud of all colleagues who serve in different areas ", said the MP.

Faculty colleagues of the general prosecutor

Eduard Harunjen, general prosecutor of the Republic of Moldova graduated the Law Faculty at the USM in 1994. Faculty colleagues of the current head of General Prosecutor’s office are many lawyers, judges and prosecutors who handled or handle important cases. Thus, magistrates of Chisinau Court Victor Boico, Gheorghe Balan, Dorel Musteata, current member of SCM studied with Harunjen. Another faculty colleague of the general prosecutor is judge Dumitru Gherasim, chairman of Court Balti.

Aureliu Colenco, former chairman of the Economic Court of Appeal, has been accused of taking dubious decisions and subsequently dismissed, as well as Victor Orandas, another magistrate with controversial past, wanted in the laundry case of the $ 20 billion lei, were faculty colleagues with the current general prosecutor. Also, among the graduates of the Law Faculty at the USM are: the lawyer Ion Vazdoaga who represented in court the interests of several well-known defendants, defender Igor Pohila, who joined "Our Party" led by Renato Usatai, Sergiu Mocanu, a lawyer who has been charged with various criminal cases and Anatolie Ceachir, who defended several policemen, including Ion Perju, convicted in Valeriu Boboc's death case, but he managed to flee. "I graduated 24 or 25 years ago. We have a tradition to meet with our former colleagues every five years at the graduates’ party. The teachers also come. There are not conflicts of interest in this case. For example, some of my colleagues are wanted, some of them I ordered to be wanted. Period of study does not affect my work", said Harunjen.

President of CA Chisinau in judicial panels with former colleagues

Ghenadie Lisii and Ion Plesca, members of the same judiciary panel. Photo capture: jurnaltv.md

Deputy-head of Eduard Harunjen, Igor Popa graduated the Law Faculty in 1999. He studied with prosecutors Radu Talpa, Pavel Vinitchi, Corneliu Bratunov and Adrian Mircos. The latter has been recently appointed head-prosecutor at the Criminal Division of General Prosecutor’s Office (GP), for a 5 year mandate and will be the subordinate of his former colleague. Igor Popa is deputy head of the general prosecutor, employed in the Criminal Division. Popa has been colleague of judge Mihail Diaconu from Chisinau Court, the one, who like Igor Popa had an important role to prosecute youth in commissariats after April 7, 2009 events. The prosecutor then signed a motion to judge the young people in the commissariats, and the magistrate executed it. Nicolae Chitoroaga, current head of PCCOCS, graduated the Law Faculty at the USM in 1992 and studied together with the judge from SCJ Ion Druta, magistrate at Chisinau Court, based in Ciocana, Iurie Obada and with prosecutor Viorel Tureac, head of Balti Prosecution.

Ion Plesca, president of CA Chisinau, graduated the Law Faculty at the USM in 1985, together with his current colleagues from the Appeal Court Ghenadie Lisii and Anatolie Pahopol. In 2017, based on an order signed by Plesca, he is in the court panel with Lisii. Previously, in at least one case, Plesca was in the same panel with Anatolie Pahopol. Nina Arabadji, judge at the Chisinau District Court, based in Rascani, prosecutor Anatol Parnau and lawyer Oleg Lozan received diplomas at the Law Faculty. Asked about the fact that he is part of the same panel with a former faculty colleague, Ion Plesca told us: "I and Mr. Pahopol were not in the same panel, he was in the Civil Board and I was in the Criminal Board. I was and I am with Lisii in the same panel, which is not a problem. That does not matter ", says Plesca.

In a written reply, the SCJ requests that "in the article you are about to publish, consider that during the Soviet period and immediately after, there was only one law faculty in Moldova. Also, please keep in mind the low number of graduates and that human relationships should be in everyday life as people are social being. It may happen that lawyers often come into contact with lawyers, not with representatives of other professions.

The investigation was accomplished under the project "Mobilizing Civil Society to Support Integrity in the Justice Sector in Moldova", carried out by the Center for Investigative Journalism and Freedom House, with the financial support of the US State Department.

Investigations in the same category:

INVISIBLE CHILDREN

In the 21st century, in the information age, there are invisible children in the Republic of Moldova, children who are not officially registered and do not have an identity. These children are not included in the statistics, they do not receive protection, health care and social benefits. Deprived of their rights, they are at huge risk of being exploited, trafficked or sold for organs. Nobody will look for them, because they don't officially exist. These undocumented children will remain on the edge of the "official" world for the rest of their lives. The Center for Investigative Journalism found that
Case study: How a prosecutor's wife tried to silence journalists

A journalistic investigation into how a well-known and controversial prosecutor resorted to a fictitious divorce in order to hide the properties which could not be justified from the salary of the prosecutor's office, turned for the Center for Investigative Journalism, the author of the investigation and a civic activist, in a fight for several years with state institutions and the prosecutor's wife, to defend our rights. The prosecutor's wife, a lawyer by profession, literally harassed us right from the first documents. She wrote complaints to several state institutions, to the Press Council, to the Police and the Prosecutor's Office,
"Poor" prosecutors with apartments, houses and tens of thousands of euros donated by parents and relatives

Every fourth prosecutor in the Republic of Moldova reported in the statement on property for 2020 donations from parents, in-laws, brothers, sisters or other close relatives. Reporters of the Anticoruptie.md portal screened the statements on property of all prosecutors in Moldova and found that about 170 state prosecutors out of the nearly 700 active prosecutors in the Prosecutor's Office structures indicated in the documents on property submitted to the National Integrity Authority that they received generous gifts last year - houses, apartments, land or tens of thousands of euros. Prosecutor with luxury real estate "inherited from parents" The prosecutor for special
Wealthy donors of magistrates

Houses, apartments and tens of thousands of euros received as gifts Every year, dozens of judges in the Republic of Moldova report that they have accepted gifts. The year 2020 is no exception. Every fifth judge in the Republic of Moldova reported in his statement on property for last year donations from parents, in-laws, brothers, sisters or other close relatives. No less than 84 magistrates out of over 400 who work today in the courts of Moldova indicated in the documents presented to the National Integrity Authority that they received gifts last year, either money, cars or real estate. She lives
THE ESCAPE OF THE OLIGARCH

An exclusive document obtained by the Center for Investigative Journalism in Moldova (CIJM) reveals that the former leader of the Democratic Party of Moldova (PDM) readied his early leave from Moldova and the exit with his family to the West. Plahotniuc and his family are declared undesirable persons in the US. The former leader of the Democratic Party of Moldova is in the list of ineligible persons for receiving visas published by the US State Department because of “significant corruption actions” in Moldova. Also, pleading the same cause, the US authorities declared the entire Plahotniuc family "ineligible" for visas to
INSPECTORS FROM THE ANTICORRUPTION PROSECUTION

Most of the 21 state inspectors appointed by the general prosecutor Alexandr Stoianoglo to verify the activity of the Anticorruption Prosecutor's Office for the past 4 years have integrity problems themselves. Some of the inspectors even have connections or interests with pending cases at the institution subjected to control. How the control was arranged Morari and Compan prosecutors, seen on the morning of December 9 at entry into PG The general prosecutor Alexandr Stoianoglo signed the order to carry out the controls at the Anti-corruption Prosecution and the Prosecutor's Office for Combating Organized Crime and Special Cases (PCCOCS) on Monday morning, December 9,
VIDEO // Story of a bribe for prosecutors

A "remuneration" of 235 thousand euros would have determined the Anticorruption prosecutors to stop the criminal prosecution and to release a businessman suspected of money laundering in particularly large proportions. The intermediary who filmed with the hidden camera the moment when the money was transmitted to a prosecutor, reported the case to the Anti-corruption Prosecutor's Office. The case was covered up and the complaint was removed from the record. From trafficker to creative man and patron Gheorghe Vîrtosu. Photo: virtosuart.com The businessman who was investigated by the CNA (National Anticorruption Center) for money laundering is Gheorghe Vîrtosu and lives in the
Property and interests of candidates for the seat of general prosecutor

20 candidates applied for the seat of Prosecutor General, initiated by the Ministry of Justice in late September. Among those who compete for the seat of general prosecutor are lawyers, jurists, prosecutors. Anticoruptie.md portal reveals the profile of candidates and their property. UPDATE: 4 of the 20 candidates competing for the seat of general prosecutor were not admitted to the contest. The Ministry of Justice announced that, following the evaluation of the files submitted, the Commission for the pre-selection of candidates to the office of general prosecutor admitted 16 candidates. Thus, the lawyer Ilie Rotaru, former prosecutor Ion Vicol, prosecutor of
Main state institutions, guarded by security companies with criminal past close to Vlad Plahotniuc and of “the thief in law” Makena

Two private enterprises of over 100 that ensure security and detective services gained advantageous tenders for the security of state institutions for many years. One of the companies belongs to an off-shore company, affiliated to the leader of PDM, Vladimir Plahotniuc, and the other is of a former policeman, who would be connected to the criminal authority Vladimir Moscalciuc, alias Makena. Though, these companies are targeted in dubious schemes, torture cases, use of force, illegal interceptions and other serious actions, they are free to guard public institutions, including those in justice field, despite the prohibitions of the law. The
INDICTMENT: April 7, 2009. How torturing policemen, judges and prosecutors were (NOT) held accountable

On April 7-8, 2009, when thousands of young people went out to protest against the April 5 parliamentary election fraud, and police forces were mobilized to repress the peaceful protest, hundreds of young people were detained forcefully, and taken to police commissariats, where they were humiliated and tortured. Dozens of prosecutors and judges went to police commissariats and judged the young people maltreated for mass disorder or hooliganism without taking any attitude to police atrocities. Ten years after the events of April 2009, we find that several files were closed or suspended and the truth was not revealed. Not a
INDICTMENT: April 7, 2009. Ten years of injustice

Ten years after the violent actions of April 7, 2009, following a peaceful protest triggered by the authorities, where hundreds of young people have been maltreated and tried in the police commissariats, no prosecutor, judge or policeman has ever been punished for abuses committed. Prosecutors filed 71 criminal cases, but only some of those who participated in the devastation of Parliament and Presidency buildings were punished. Just one policeman, who fled the country and wanted by Interpol, was sentenced to jail. All officials who somehow managed the actions of the police forces or were indifferent during the events of
Greek magistrates did what justice in Moldova didn’t: former international expert sentenced to 2 years in prison for pedophilia

Eight years after the publication of an investigation of the Center of Investigative Journalism about a network of pedophiles in Moldova and Ukraine, Greek justice ruled: Nick Georgiadis, one of the pedophiles abusing minors, was convicted. Tuesday, February 26, in Greece, two years in prison. In the Republic of Moldova, Georgiadis was "escaped" from criminal punishment. "The court in Athens, Greece did not acknowledge any mitigating circumstances and sentenced Georgiadis, aged 55, to a 28-month prison sentence and a fine of 20,000 euros. At the time of committing the crimes, he was advisor to the Minister of Economy within the
Judges with apartments for free

During the last five years (2012-2017), more than MDL 127 million were allocated from the Chisinau municipality budget to provide with apartments some persons who sued the City Hall asking for housing or for concluding reconciliation transactions with it. Among the beneficiaries of such apartments, but also of funds, there are also magistrates. Some of them, although they received apartments free of charge from the housing stock of Chisinau municipality, have enriched themselves in the meantime with other dwellings: some of these being purchased at preferential prices, others - bought at market price. There are also judges who have
Women victims of domestic violence, facing alone the aggressors and the justice system

Victims of domestic violence, mostly women, often depend on a justice system that does not protect them and does not show leniency when out of despair they try to defend themselves or counter-attack, say lawyers and human rights activists. Angela Gojan. Photo: CIJM Angela Gojan was just over 20 years old when her marriage became a nightmare for her. Finally, 10 years later, she decided to break the vicious circle. The woman says that she was cruelly beaten for trifles: someone looked at her, or she did not take care of the child or did not exactly meet her husband's requirements.
„50 shadows“ of the billion dollar theft cases

Every time when prosecutors are asked about the investigation of the billion dollar theft they invoke three criminal cases, and namely, "Shor case", "Filat case" and "Platon case” that have had different "fates" since the start of the prosecution. Several violations of the proceedings, excesses on the side of prosecutors and judges, ill-treatment, and human rights violations in custody and detention were reported in two of these cases. Reference to Shor, the first person concerned in a criminal case on the theft from Banca de Economii, Banca Sociala and Unibank, the case has "frozen" on the table of the
„Stemma” of justice

They have been colleagues at the Faculty of Law and now they are acting as judges, lawyers or prosecutors. Some of these are god-parents, god-sons while others - spouses, sons, daughters, brothers or sisters. All of them claim that personal relationships do not prevent them from being objective, in a country where most citizens perceive justice as the most corrupt field. In 2013, Ziarul de Garda (Zdg) revealed how the lawyer Iurie Guriev, god father of judge Oxana Banari (Mironov) who was serving at that time at the Donduseni District Court, did not request the magistrate's appeal in a case
AUDIO, DOC // “Ghost” banker in Vlad Filat’s case

A well-known Russian banker was attracted unknowingly in the controversial case of former PM Vlad Filat. Former executive chairman of the Russian Petrocomerţ bank is accused of having met in February 2013, former general secretary of the Government Victor Bodiu and they planned to take over a part of bad assets from Banca de Economii (BEM). According to the report Kroll, taking bad loans worth about one billion lei by Roseau Alliance LLP was the first step in taking over the BEM scheme. Reporters of the Center for Investigative Journalism found the banker but he does not know anything
Apartments at low price for magistrate Oleg Melniciuc’s mother and relatives in the residential block for judges

The head of the court Oleg Melniciuc, his mother and some of his relatives will get apartments and commercial property in the residential block on the street Hristo Botev 6 in Chisinau, which is currently being built for the magistrates of Rascani District Court in the capital and for their children. The magistrate himself who initially said that, though he owned some dwellings and he would like some flats for his children, he did not buy any flat in this block, but a commercial space. The president of the Superior Council of Magistracy Victor Micu received a flat in the
False witnesses in Vlad Filat’s case

Three women from the Russian Federation, who seem not to know about the situation in Moldova, appear as key-witnesses in the resounding corruption case involving Vlad Filat. According to statements made by Ilan Sor in court, they would have brokered alleged bribery worth 320 million lei to former Prime Minister. These statements were accepted by the court and included in the sentence without inviting the youths for evidence. Center for Investigative Journalism found the names of these girls and contacted two of them. The girls claim that they have never beento Moldova and do not know Ilan Sor and
18 bln USD laundered through the judiciary in Moldova since 2010 (II)

About 18 billion dollars, 17 judges, three "ghost" cases whose signatories are missing, a case destroyed and a judge unwillingly involved in the scheme of legalizing "black" money in the Russian Federation. Continuation from November 20 In the period 2010-2014, the Republic of Moldova has turned into a real "laundering" of large amounts of money from Russian Federation. The scheme included at least 17 Moldovan prosecutors who have legalized profits that would have been obtained illegally, wrote the Russian media. On the other hand, officials of the National Anti-Corruption Center say they cannot speak about “money laundering" in this case, because
18 bln USD laundered through the judiciary in Moldova since 2010 (I)

Since 2010, the Republic of Moldova became a real system of money laundering in the region through the courts. This "fame" went around the world and half of the 20 judges who dictated shameful verdicts continue to judge and "do justice" to this day. Many judges who have "legalized" black money from Russia were later on involved in scandals. However, the system does not want to "cleanse" itself and some of the judges who participated in money laundering scheme were even appointed court presidents. Copycat ordinances Schemes used by criminals for money laundering were always the same - some offshore companies in
The assets declared by judges: houses and cars at negligible costs

Most judges undervalue their movable and immovable property which they officially declare to own. The reporters of the Center for Investigative Journalismarrived to this conclusion after having examined more than 400 declarations of income and assets, submitted by magistrates for 2014. The legislation requires that in declaration of assets is indicated the cadastral estimate of the property, which in almost all cases is far below market value. For cars, the price is quoted from the contract of sale, which is also, in many cases, lower than the real one. Experts say it is a vicious practice and blame it on
The judges “with nine lives”

In the documents remitted to the SCM, Vladimir Voronin, Marian Lupu, Mihai Ghimpu and Nicolae Timofti have cautioned that those rejected do not have a place in the judiciary because they discredit Justice, are not objective, have unjustified wealth, have integrity issues, relations with businessmen conducting shady businesses. Most often, the findings were based on the reports from the Information and Security Service (ISS). Despite the arguments brought by the rulers of the country, SCM kept on position or even promoted around 55 judges. In the meantime, some of them left the system honorably taking their sins with them,

Previous article on the same topic

Next to the same topic

The stories from www.anticoruptie.md may be used in the limit of up to 1,000 characters. Web pages must indicate the source and link directly to the article. Print media, Radio and TV stations must indicate the source. Publishing full version of stories is allowed based on a prior agreement with the Center for Investigative Journalism. Articles published on www.anticoruptie.md are protected by the Law on copyright and related rights of Republic of Moldova.

Comments