Moldova will have to pay former Prosecutor General Alexandr Stoianoglo €3,600 – moral damages. The European Court of Human Rights (ECtHR) handed down its decision on Tuesday 24 October.

The ECtHR unanimously found a violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights. The case concerned the Prosecutor General’s inability to appeal against his suspension, which was triggered by the criminal proceedings that had been initiated against him.

The applicant claimed EUR 3 600 by way of costs and expenses which he said he had incurred in the proceedings before the Court, for which he said he had instructed two lawyers. However, having regard to the documents in its possession and its case-law, the Court stated that it could not grant the applicant’s claim for costs in so far as it was not based on any relevant supporting documents.

Stoianoglo claimed EUR 20 000 for “the non-material damage he considers he has suffered as a result of the extensive national media coverage of the case”. He claimed that his reputation had been damaged by the fact that he could not challenge the PSC’s decision of 5 October 2021.

“The Government considered that the media coverage of the case was not attributable to the national authorities, that the applicant had not substantiated his claim for compensation for the non-material damage he claimed to have suffered and that, in any event, the amount claimed was excessive in the light of the Court’s case-law.”

Thus, the ECtHR decided that the Republic of Moldova must pay the applicant, within three months of the date on which the judgment becomes final under Article 44 § 2 of the Convention, EUR 3 600, “plus any amount that may be due by way of tax, for non-material damage, to be converted into the currency of the respondent State at the exchange rate applicable on the date of the judgment”.

The Court observed, together with the Government, the Constitutional Court and the Venice Commission, that “the suspension itself could be justified in principle by the applicant’s status as a public prosecutor, which gave him wide powers to supervise criminal investigations, and that the application of such a measure to a public prosecutor did not in itself pose a problem under the Convention”.

However, according to a press release issued, the Court drew attention to the fact that procedural safeguards should be implemented to ensure that the suspension mechanism was not used arbitrarily.

“In this regard, the Court also noted the increasing importance attached to procedural fairness in cases involving the removal of prosecutors, including the intervention of an independent authority in decisions affecting the appointment and removal of prosecutors. The Court found that the applicant was not granted any form of judicial protection in relation to his suspension, which prevented him from exercising his duties and deprived him of his salary for more than two years,” according to the European institution.

The Court noted that the applicant’s complaint under Article 13 was essentially identical to that under Article 6 § 1. It therefore found that it was not necessary to examine separately the admissibility or merits of the complaint under Article 13 of the Convention.

Stoianoglo dismissed as Prosecutor General

On 26 September 2023, President Maia Sandu signed a decree dismissing suspended Prosecutor General Alexandr Stoianoglo from office. The document entered 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”.

Lawyers for the former prosecutor general told ZdG that the decree will be challenged in court.

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 his 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 December 2023.

Former Prosecutor General Alexandr Stoianoglo was detained 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.