Alexandr Stoianoglo, former Prosecutor General, has come up with his first reaction after the European Court of Human Rights (ECtHR) ruled that Moldova will have to pay him 3,600 euros as moral damages. He told a press conference that if a solution “is not found that is kind to the current government”, he would “make every effort” to collect the money from the state as both moral and material damages.

According to Stoianoglo’s lawyer, Victor Munteanu, two claims have been filed: one on the fact of “illegal arrest and abusive initiation of criminal cases” and the second on the fact of “the issuance of the 5 October decision of the Superior Council of Prosecutors (SCP) appointing a prosecutor in office, which led to the suspension of Alexandr Stoianoglo from the position of Prosecutor General”.

“Mr. Stoianoglo, in fact, was not offered a way to challenge and examine in all respects the legality and grounds of that decision of October 5, with all the consequences: the arbitrary manner of appointing the prosecutor who was to examine the complaint, […] the fact that he was not allowed [n.r. Alexandr Stoianoglo] to comment on the complaint, to present evidence for or against him. All these issues were raised before the Court”, said Victor Munteanu, Alexandr Stoianoglo’s lawyer, at the press conference.

He added that the best solution is for the High Council of Prosecutors to give Stoianoglo the opportunity to present evidence.

“Because the criminal procedure does not provide guarantees for review of that decision, there is no mechanism that could, through the courts, review the PSC’s decision. Since all these legislative changes have been made by the authorities, in the Council of Europe’s Committee of Ministers’ monitoring procedure of the execution of the decisions, the state has to justify what measures it intends to take to remedy the situation.

We have examined as one of the possibilities the possibility of repeatedly addressing the PSC, in order to correct the blunder, to review the matter and to reinstate Mr Stoianoglo in the possibility of examining the complaint correctly with the possibility of providing evidence. This matter will certainly be put on the table of the Committee of Ministers of the Council of Europe, as it is already a political and reputational issue for Moldova at international level”, the lawyer said.

According to Stoianoglo, the aim of the lawyer was not to obtain money from the state.

“We, initially, did not pursue the goal of gaining something from the state. The amount we asked for is a very modest sum. For us it is important to recognise the violation of our rights. […] But if we don’t find an amicable solution with the current government after this decision, then we will make every effort to collect both moral and material damages from the state”, concluded Alexandr Stoianoglo.

Moldova will have to pay the 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.