Will the decree dismissing Alexandr Stoianoglo from office be challenged in court? What the former Prosecutor General’s lawyers say
The decree signed by President Maia Sandu dismissing Alexandr Stoianoglo from the post of Prosecutor General will be challenged in court.
“If we have this right, of course we will challenge it (…) I talked to Mr. Stoianoglo and he said we will challenge it,” Vasile Gafton, one of Stoianoglo’s lawyers, told Ziarul de Gardă.
Iurie Mărgineanu, another of Stoianoglo’s lawyers, told us that so far he has not discussed with the former prosecutor general about challenging the act, but “if the situation of the action has been challenged, the decree will be challenged accordingly”.
On 26 September 2023, President Maia Sandu signed the decree dismissing suspended Prosecutor General Alexandr Stoianoglo from office. The document enters into force on the same day.
According to a press release issued by the Presidency, “given that the pronouncement of a decision by the courts on the legality of Alexandr Stoianoglo’s dismissal by the PSC is delayed, the signing of the decree comes in the context of the European Union’s recommendations to ensure the replacement of the position of Prosecutor General and the Republic of Moldova’s obligations to meet the conditions of the justice system”.
“Following the examination of the report of the Evaluation Commission of the Prosecutor General (suspended ex officio), Alexandr Stoianoglo, drawn up on 5 May 2022, the High Council of Prosecutors, by decision No 1-92 of 23 May 2022, in accordance with Article 311 para. (8) and para. (9) of the Law No. 312016 on the Prosecutor’s Office, awarded the qualification “unsatisfactory” to the work of Alexandr Stoianoglo during the term of office of the Prosecutor General and proposed to the President of the Republic of Moldova the dismissal of Alexandr Stoianoglo as Prosecutor General. In the light of the above, and pursuant to Articles 88(j) and 94(2) of the Rules of Procedure (l) of the Constitution of the Republic of Moldova, as well as Art. 58 para. (7) of the Law on the Prosecutor’s Office (…)”, the document states.
Alexandr Stoianoglo was suspended from the position of Prosecutor General in early October 2021, and is under investigation for passive corruption, false statements, abuse of office and exceeding the duties of office. The case concerning the excess of power or exceeding the duties of the office is before the magistrates of the Buiucani Court of Chisinau. The last hearing in this case took place on 20 September 2023, during which a witness was heard. The next hearing is scheduled for 5 October 2023.
Former Prosecutor General Alexandr Stoianoglo was arrested on 5 October 2021. On 8 October 2021 he was placed under house arrest and subsequently under judicial control. No preventive measures are currently applied against Stoianoglo.