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DOC // The Supreme Court of Justice, REJECTED the request of Viorel Morari, to recuse the General Prosecutor, Alexandr Stoianoglo


Morari: “It’s a flagrant violation” The Supreme Court of Justice (SCJ) rejected the request for recusal of the General Prosecutor of the Republic of Moldova, Alexandr Stoianoglo, submitted by the suspended head of the Anticorruption Prosecutor’s Office (PA), Viorel Morari. According to the conclusion made public by zdg.md, the decision was adopted on Thursday, February 4, by the judge of the Supreme Court of Justice, Liliana Catan, emphasizing the fact that the request was unfounded. On the other hand, the suspended head of the PA, Viorel Morari, declared for SafeNews.md that the decision adopted is erroneous and with serious violations.

On January 22, the suspended head of the PA, Viorel Morari, filed a request to recuse the General Prosecutor, Alexandr Stoianoglo, from the criminal investigation in the criminal case in which he is being investigated. The reason invoked by Morari is the fact that two criminal cases were initiated against him, which were connected and that the order to initiate criminal proceedings against him was signed by the head of the General Prosecutor, who, according to Morari, publicly accuses him and through these actions “his right to a fair trial and the presumption of innocence were violated.”

Cerere recuzare by SafeNews

The Supreme Court of Justice examined the request, rejecting it as unfounded.

Thus, in the conclusion of the Supreme Court of Justice, which came into the possession of zdg.md, it is mentioned that the General Prosecutor can be challenged only if he directly conducts the criminal investigation or personally conducts the criminal investigation under the law, and from the materials deduced to the court, it results that the criminal case against Morari is under the management of the Prosecutor’s Office for Combating Organized Crime and Special Cases, the institution also conducting the criminal investigation.

“The request for recusal is not accompanied and supported by an explanation evidence, which would render that the Prosecutor General in the criminal case being investigated regarding Morari Viorel, would have undertaken criminal investigation actions in order to directly exercise the criminal investigation or that he would personally conduct the criminal investigation, or the acts adopted by him in the criminal case have only a character organization of the criminal process. In the conditions set out above, it is revealed that the suspicion of reasonable impartiality of the General Prosecutor is not justified by law, not being applicable the provisions of art. 33 para. (2) point 6) Code of Criminal Procedure ”, it is mentioned in the Conclusion of the SCJ.

csj recuzare by Ziarul de Gardă

The SafeNews.md portal contacted the suspended head of the PA, requesting a reaction to the decision taken. For his part, Morari said with regards to Judge Catan’s findings, that the criminal case was managed by the PCCOCS was erroneous.

The criminal case was managed by a criminal investigation group, created by the ordinance of the general prosecutor, and this includes prosecutors from different subdivisions of the prosecutor’s office, Morari said.

Moreover, Viorel Morari claims that the Supreme Court of Justice decision was adopted with serious violations.  

Another aspect that is not found in Judge Catan’s judgment concerns the analysis of the jurisprudence of the European Court of Human Rights, namely the cases of Khuzhin and others against Russia and Allenet de Ribemont against France, which refers to the violation of the right to a fair trial when officials make public accusations. It’s a flagrant violation! That is, the judge’s logic is this: Even if the prosecutor general violated the principle of presumption of innocence, issues the order in the criminal case of accusation on my behalf and is hierarchically superior to the prosecutors investigating, he can not be challenged because he does not personally manage the case ?! I am interested in the position of the judges in Strasbourg, but they will have their opportunity to express themselves! said for SafeNews.md, Viorel Morari.

On January 10, 2020, Viorel Morari was detained in another criminal case, initiated for “abuse of office” and “forgery”, after the Prosecutor General, Alexandr Stoianoglo, ordered the performance of checks within the specialized Anti Corruption Prosecutor’s Office.

Prior to that, in December 2019, Morari was removed from office and assumed that this action cames after he made a request to the tax authority, which aimed at the file of external financing of the Socialist Party. At the time, Morari harshly criticized the new prosecutor general and anticipated his January 10 detention. Morari said at the time that prosecutor Stoianoglo’s actions against him would be based on his decision to restart investigations into the case of Russian funding of the socialist party (controlled by then-pro-Russian President Igor Dodon), but also a new investigation targeting deputies. from the current Parliament, about which he avoided giving details.

Also last year (2020) Viorel Morari said that the files in which he is accused appeared because he opposed the system. At the same time, the suspended head of the Anticorruption Prosecutor’s Office said that he was detained at the political command of President Igor Dodon.

The Chisinau court began examining the Morari case on February 14, 2020, when the former head of the Anticorruption Prosecutor’s Office was released from pre-trial detention.

In October 2020, Veaceslav Platon demanded $ 300,000,000 MLN in compensation from the former head of the Anticorruption Prosecutor’s Office, Viorel Morari, for allegedly following a complaint filed by Vladimir Plahotniuc on his behalf. Platon claims can be found in the criminal case filed against Viorel Morari for abuse of office, in which the businessman has the status of an injured party.

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