“My case is political and was classed as political by the whole international community,” said Domnica Manole who was dismissed from the post of judge of the Chisinau Appeals Court. In an interview for Radio Free Europe, the ex-judge stated that the Superior Council of Magistracy, the political forces and the Security and Intelligence Service acted concertedly in her case. She also said that the relationship between justice and politics provides multiple instruments that enable to exert influence on judges, IPN reports.
Domnica Manole, who last April passed a judgment by which the Central Election Commission was obliged to hold the constitutional referendum initiated by the Platform “Dignity and Truth”, said she took the decision in accordance with the law and with her intimate beliefs and this dissatisfied the rulers.
The ex-judge said that positive changes started to be witnessed in the system in 2009 as the independence guarantees were enshrined by law. Such a situation continued until 2012, but later, by a series of legislative changes, the independence guarantees of judges were reduced. “Until 2012, we had access to justice as any other citizen of the Republic of Moldova. There were the Appeals Court and the Supreme Court of Justice where a panel of five judges examined all the matters. Now the nine-member panel of the Supreme Court of Justice examines only procedural aspects,” she stated.
Domnica Manole also said that another article that ensured access to legal action was modified in 2013 and the role of the Supreme Council of Magistracy as a guarantor of the independence of the judiciary was reduced to a formal one. “When those changes were made, a kind of compromise between the judges and the power was reached. The salaries were increased, but the independence guarantees were diminished,” she said, specifying that the largest number of criminal cases involving judges, about 40, were recorded in 2014 – 2016.
The former judge said independence in justice is a value that should be defended and this should be defended not only by judges, but also by the whole society, including the President and the MPs.
At the start of July, based on appraisals by the Security and Intelligence Service, the Superior Council of Magistracy declared Domnica Manole as incompatible with the post of judge and proposed that the President should dismiss her. A presidential decree to this effect was signed shortly afterward. The judge described this decision as illegal and as a political order.
