CAPC warns about bill that represents one step backward in justice reform

28.05.2014 15:10
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The bill to amend the Civil Code of Moldova, by which other persons, not only the lawyers, are allowed to represent people involved in trials, creates the impression that it is promoted to favor public servants, said experts of the Center for the Analysis and Prevention of Corruption (CAPC), who appraised the document.

The amendments authorize persons specialized in law to represent in court their relatives up to the third degree, while the public human rights associations – their members and beneficiaries. The legal entities that provide consultancy and legal aid services on a contract basis will also be able to represent a person in court.

In a news conference at IPN, CAPC expert Adelina Bacu said the informative note to the bill does not contain sufficient arguments, while such arguments as the loss of trust in lawyers and the petitions filed to Parliament by which people complain that the lawyers do not fulfill their obligations are subjective.

The expert noted that the bill repeats a part of the legal provisions stipulating that the public associations can represent persons in court. As to legal entities, a person who graduated from the Faculty of Law can be hired to represent a client in court, but, as they do not have the necessary qualifications, they can violate the human rights. The bill restores the chaos that existed before 2010, when the permission for different persons to represent clients in court led to inappropriate defense.

CAPC head Galina Bostan said that from the viewpoint of the justice sector reform, a step backward will be taken if this bill is adopted. Moreover, the bill is promoted on purpose after a similar bill providing that particular public servants will be represented in court was rejected. This gives the impression that this way the public functionaries prepare a place where to withdraw when they leave their posts.

The appraisal was carried out within the Harmonization of the Legislation with the International Human Rights Standards Project that is supported by the Civil Rights Defenders of Sweden.