Batteries too weak, too few Dictaphones, reparation inside courts, hearings held in prisons, court clerks on holidays and others untrained in the use of the program are just some of the reasons why judges do not audio record the hearings, exposed by judges to members of the Superior Council of Magistracy (CSM).

Tuesday, February 11th at the CSM meeting were invited presidents of courts, and judges who do not audio record the hearings, that is after, on February 5, 2014, was held the joint meeting of the presidents of the courts, where they presented Evaluation reports on random distribution of files through Integrated Case Management Program (PIGD) and audio recording of court proceedings. Ever since, it was announced that at the meeting had been invited presidents of courts from Balti, Calarasi, Straseni and Orhei, where was a more serious situation on not audio recording of hearings.

Magistrates explanations

According to information provided, the most serious problem was in Calarasi Court, where during the final months of the year were made audio recordings only for 1% of the hearings. At Orhei Court, things are not much better, being recorded only 6% of hearings, and at Balti Court – only 9%. Because of the conditions the journalists are forced to attend the MSM meetings (for a few months, they can not attend the meetings live, but are watching the events on a screen located on the first floor of the building, and many times the sound quality leaves desirable, no), names of magistrates who came to CSM to explain these errors was almost impossible to discern. There were more than 10 judges who came to explain why the hearings are not audio recorded.

Discusions began with court Calarasi. The court president, Gregory Daskevici, mentioned that at this court were hired new people, who were not trained to use the equipment. “From January 1^st, the audio recording started, but it is clear that there are some problems with placing records on server. We had some problems”, he complained. “What kind of excuses can be if we spoke in September that, until January 1st, the problem to be solved?”, asked Mihai Poalelungi outraged, SCJ president. “I talked to colleagues, I told them that the problem has to be solved. But, you see, it’s end of the year and …”. “What did you do, as president, for the meetings to be recorded? Have you issued any provision?”, asked Tatiana Raducan, CSM member. “I did not issue a provision. I just discussed, I thought that in the law is written clearly”, apologized Daschevici.

“No recordings, no work”

Followed, for more than an hour, explanations of other magistrates, one stranger than another. “I am instruction judge. Examining some cases in prisons too. I did not record there. Plus, our building is in renovation and the recording could not be heard because of the noise”, said another judge. “We did not have enough Dictaphones”, said the next. “My explanation will seem trivial, but my assistant went on maternity leave …, the clerk on bulletin and I worked with a new person, untrained”, excused another judge.

Magistrates from Orhei, including Catherine Buzu, former head of CSM, blamed technical problems, the too weak batteries, and the fact that the last did not know that her clerk was not able to record hearings. On some questions of the SCM members, judges had no answers. “I had no technical possibilities. There was repairing in the building, I had no Dictaphone. There were two Dictaphones for six judges. We have already started to record, since February”, said to the press, at the exit from the meeting, Valentina Criucicova, from Calarasi Court. “If from today you will not record, you will no longer work”, was heard, at one point, the threat of Poalelungi, who seemed most outraged by the situation.

Those nine are, actually, eight

Later, after deliberations, Dumitru Visternicean, interim president of CSM, mentioned that the initiation of disciplinary procedures is examined on nine judges, including Gregory Daschevici and Valentina Criucicova from Calarasi Court, Vasile Selevestru, Viorelia Varanita and Aureliu Postica from Orhei Court, Viorel Puscas, Valeriu Padurari and another judge, whose name unfortunately could not be heard from the speakers on ground floor of CSM. However, even so, there are eight magistrates who risk disciplinary proceedings, and not 9, as previously announced.

To identify all the names of the judges liable to penalties, I contacted CSM. Ioana Chironet, Head SCM Unit, could not give us the names of the judges, on the ground that was not initiated any disciplinary proceeding yet, and there is no document on this subject yet. “At CSM meeting was only expressed the intention, but there were cases when members changed their minds”, she said. To note that, right after CSM meeting on Tuesday, Michael Poalelungi was stating that: “I selected the judges who had no motivation why not recorded hearings but started them, I think, nine disciplinary proceedings”.

Victor MOSNEAG