Prosecutor’s Office, Viorel Morari, addressed a new open letter to the current General Prosecutor of the Republic of Moldova, Alexandr Stoianoglo. In the third letter, Morari wanted to thank for the congratulations sent by the institution and last but not least for the insinuations brought in the VENTO petrol station cases. According to him, this was due to the lack of a proper reaction, therefore the General Prosecutor’s Office wanted to ridicule him and bring unfounded accusations again. As in previous letters, Viorel Morari continues to ask a series of questions about the billion dollar theft, the expulsion of the 7 Turkish teachers, the “Metalferos” file, but also about many other resonant files, which stopped.
Again, for the third time, I am writing you a public letter, which has the same purpose as the previous ones, bearing in mind that so far I have not received any answers. First of all, I want to thank you for the birthday wishes and I want to communicate that I liked the insinuations of the General Prosecutor’s Office regarding the abuses in the case of the Borș brothers’ file. In this context, I have a rhetorical question: if the criminal case on the facts of tax evasion in the case of the administration of Vento stations was abusive, then why did it take more than 10 months to drop the accusation ?, Morari begins his letter.
Next, Viorel Morari wanted to talk about the initiative of the General Prosecutor, Alexandr Stoianoglo, to set up panels of judges specialized in examining cases from the “theft of the billion” and other related cases.
This approach is hasty and has emerged as a result of the desire to control the judiciary. According to art.115 paragraph (2) of the Constitution of the Republic of Moldova for certain categories of cases, specialized judges may function, according to the law, but not specialized panels. If we draw a parallel between the reform of the judiciary, when the economic courts were liquidated and your proposal, it turns out that you want to return to the high degree of corruption and the need to monopolize the trial of ” theft of the billion ” cases. However, these were the basic arguments that led to the liquidation of the economic courts in 2011, says the suspended chief prosecutor of the PA.
Regarding the express mention in the communiqué of the General Prosecutor’s Office of the so-called files regarding the “theft of the billion”, Viorel Morari declares that such a formulation entails some questions.
Such a form raises several questions: How will the respective files be selected, according to what criteria? Is there such a category of crimes in the Criminal Code and what will be the criteria for delimiting abuses, embezzlement, theft in the case of other crimes? Cases against prosecutors (Morari, Bețișor, Baeșu, Statnîi), NBM files, Victoriabank, other cases in which Veaceslav Platon is directly interested – are they part of this category? How will the criminal procedural norms and the right to fair justice be respected, if the files are selected by prosecutors and the random distribution is omitted? How will this mechanism (not provided for by law) correlate with the provisions of the European Convention on Human Rights and the practice of the ECHR? How will the recusals be examined, the amendments amended, etc.? it is also shown in the letter.
This time too, the suspended head of the PA did not overlook the management of so-called “billion theft” cases.
Dry communiqués have been issued on the prosecution of the persons listed in the file, but do you not consider it necessary to explain to society the difficulties? Mr. Prosecutor General, if you draw a parallel with the activity of the Anticorruption Prosecutor’s Office during the months of September – October 2019 and your activity, you will see certain differences. Previously, statistical information was published on the number of criminal prosecutions carried out and the results obtained in resonance files such as: – the file of illegal interceptions of members of civil society and the opposition; – the file regarding the activity of Î.S. “Metalferos”, which is the main source of illicit income for the governing parties, the embezzlements being estimated at about 5 billion lei; – the corruption case of 14 deputies from the Party of Communists of the Republic of Moldova to move to the Democratic Party of Moldova; – the file of the financing of the Party of Socialists of the Republic of Moldova; – files concerning persons with a position of public dignity, etc. Do you understand that society is asking itself questions: Maybe you are not competent and someone is influencing the decisions of the Prosecutor’s Office? Maybe you’re not done and blaming the old system? Maybe it was easier in politics, when you were V.Plahotniuc’s party subordinate? Morari wonders.
Referring to the case of Turkish teachers, Viorel Morari states that the general prosecutor knew the sentence.
Speaking of the case of the Turkish teachers – you certainly knew the sentence, the defendant certainly negotiated with the prosecutors, you even mentioned that you want to force him to pay something else. It’s just that this reality didn’t go well with the public and you bluffed, and consequently it turned out worse, because in a few days you do an arranged interview in which you explain that “it was good if it was, but I don’t know what it was”, he writes.
The attacks on his people were not overlooked either. In this context, Morari suggests to Stoianoglo to let go of the emotions and accusations made for the sake of PR.
Accusations by a dignitary or public authorities against a person, without the existence of plausible evidence of his guilt, seriously infringe the principle of the presumption of innocence and infringe the right to a fair trial, guaranteed by Article 6 of the European Convention on Human Rights. Do you agree to pay any damages later, do you think that the precedent in the case concerning Turkish teachers would be applicable? Viorel Morari also asks.
On September 14, Morari addressed the second open letter, accusing him of having falsely managed several actions announced by Stoianoglo. Then Viorel Morari offered lessons on criminal procedural law to Stoianoglo: “You make me believe that a General Prosecutor does not actually know the criminal procedural legislation in his own country”
On June 15, Morari addressed Stoianoglo’s first open letter accusing him of only polishing his image with populist speeches. Morari also says that for 4 months he has been trying to obtain a hearing in Stoianoglo to present evidence about abuses that were allegedly committed by junior prosecutors, but he did not receive an answer.
Until this hour, Viorel Morari has not received any answer to the letters addressed to Alexandr Stoianoglo.
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