Who is the judge who released former MP Vladimir Andronachi from house arrest. Career details

Balan, the judge who released from house arrest the ex-Democratic deputy Vladimir Andronachi, who was involved in three criminal cases (the “Metalferos” case, the “Consulate of Moldova in Odessa” case and the “Bank Fraud” case), has been a magistrate since 1996 and has worked only at the Chisinau Court of Appeals.

Since March 2023, Judge Gheorghe Balan has been examining the case in which Andronachi is accused of involvement in the theft of the billion. On 19 May 2023, Balan ordered the criminal case to be examined in closed session, at the request of the defence, because “possible reports and/or broadcasts related to this judicial process risk emotionally affecting the defendant’s family” and because some evidence would constitute bank and state secrets, according to the Anti-Corruption Prosecutor’s Office.

At the beginning of 2019, by decree of the President of the Republic of Moldova, the magistrate was dismissed from office in connection with committing disciplinary misconduct. Subsequently, in November 2019, the president’s decree was repealed and Balan returned to the system.

In June 2019, for six months, Balan served as acting head of the General Police Inspectorate (IGP) of the Ministry of Internal Affairs (MAI), having been appointed by Andrei Nastase, the Interior Minister at the time. Balan and Nastase admitted at the time that they were in a relationship of friendship.

Although he has never declared a political affiliation, Balan was seen at some protests organised by the Platform for Dignity and Truth, led by Andrei Nastase, and in the February 2019 parliamentary elections he ran on the lists of the ACUM Bloc, made up of the Action and Solidarity Party (PAS) and the Platform for Dignity and Truth Party (PPDA) for a seat as a deputy in the 34th constituency – Anenii Noi, but did not make it to the legislature.

In recent years, Gheorghe Balan has come to the public’s attention after comparing Moldova’s justice system to a sheepfold, calling the politicians “government clowns who want to be dictators”. In recent years he has been known for his critical speeches against the judiciary.

“We have become a system of cowards and incompetents in office, who look for a knot in the paper of anyone who is different,” Balan said at the General Assembly of Judges in March 2017.

In 2014, the magistrate was given a disciplinary sanction in the form of a “warning” for breaching mandatory rules of law. Subsequently, he also filed a criminal complaint against some members of the Supreme Council of Magistracy (SCM), accusing them of having unlawfully brought disciplinary proceedings against him in 2014. However, his claim was not upheld.

In 2015 and 2017, the judge’s name appeared in two other disciplinary complaints, which were rejected as unfounded.

In 2018, Balan was dismissed by a decision of the Disciplinary College (CD) following a complaint filed by a mayor representing the Democratic Party and eight local councillors. The local elected representatives’ complaint was backed up by a request from the Intelligence and Security Service. Subsequently, the SCM approved the dismissal, and in January 2019, President Igor Dodon signed a decree relieving Balan from his position as judge.

By a decision of the SCM plenary on 18 January 2019, Gheorghe Balan, previously dismissed from the system, was given a new sanction in the form of “dismissal from the position of judge”. The CD found that “the judge, over a short period of time, committed actions identical in content, grossly negligent application of legislation contrary to uniform judicial practice, as well as actions in the process of dispensing justice, which demonstrate serious and obvious professional incompetence”.

On July 16, 2019, shortly after the Democrats left the government, judges Angela Bostan, Victoria Sârbu and Viorica Mihăilă of the Chisinau CA admitted Balan’s request and annulled the DC decision, as well as the 2018 SCM decision, by which Gheorghe Balan was dismissed from office.

On 23 July 2019, the members of the SCM, examining the appeal filed by Gheorghe Balan, changed the penalty imposed on the magistrate by the 2019 CD decision and adopted a new decision, replacing the penalty of “dismissal from office” with a milder one – “reprimand”.

Thus, on 24 September 2019, the SCM Plenary admitted Gheorghe Balan’s request for reinstatement to his previous rights, and by the decree of the President of the Republic of Moldova of 19 November 2019, in force since 22 November 2019, the decree of 3 January 2019 on Gheorghe Balan’s dismissal from the position of judge at the Chisinau Court of Appeals was repealed and he was reinstated in office.