The American Ambassador to Moldova, Dereck J. Hogan, held a public discussion with law students at the University of Moldova. The Ambassador presented a speech and then answered students’ questions. 

On September 16, the U.S. Ambassador to Moldova held public discussions with the students from the Law Faculty at Moldova State University. During the discussion the ambassador spoke about the Moldovan justice reform, transparency, bringing in a Prosecutor General from abroad and the relationship between the United States and oligarch Vlad Plahotniuc. Here’s what the Ambassador had to say. 

“Justice reforms are the most difficult for any developing country”

What often happens is that a new government comes, with the best intentions, with the desire to make changes, but it finds resistance either from the system or from the international players, who want to have something to say in that country. A number of important factors makes it difficult to overcome this opposition. It’s about courage, first of all. It won’t be easy. We are talking about a number of people, who have probably benefited from this system for a certain number of years, maybe even decades and they are now in positions of influence. They will not give up power easily. They will oppose, they will fight hard for what they have. So, there must be the courage to meet this opposition. At the same time, there is a need for efficient, intense and regular communication with people.

 The people of the country should back up the reform efforts

It makes it very difficult to get over the opposition of the people in the system, if the government feels alone, or if people are indifferent or apathetic. There is a need for constant communication with people. You have to show them that you are trying to protect them.

Strong international support 

I think Moldova is fully benefiting from strong international support. This is a unique case when all the major players in the international community are not only trying to help Moldova, but they are investing in it. We have increased the assistance offered, especially in the justice field because we see a unique opportunity. When you combine the opportunity with the will, many things can be done.

Civil society and the academic setting should monitor changes in the justice system

It is the role of civil society, the role of the academic setting to monitor this potential phenomenon – when one bad person is replaced with another one. In the discussions we had with the leaders of the ruling coalition, they said that they did not intend to make such mistakes. Of course, we are supporting you. And not only the United States, but the European Union – an important partner, and the World Bank and, in fact, all the international partners of Moldova consider the rule of law and the independent justice system as one of the top priorities, if not the only top priority for the country in the present moment. So, we are here to help, including technical expertise, and we coordinate our efforts.

A prominent prosecutor general

Appointing a prominent prosecutor general is an important step and is something we hope to witness in the upcoming years. Another major reform is that of the Supreme Court of Justice. I think the government will continue public consultations in this regard, it might even seek the opinion of international experts on this. These things might take some time. There are a number of cases such as bank fraud, which have long been waiting to be investigated, and those found guilty are to be held accountable. But the fraud is just one example. There are many other cases that require a continuingly independent prosecutor general.

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Of course, there are pluses and minuses for bringing a prosecutor general from abroad. I think that taking into account the circumstances of the coalition, the citizenship of the Republic of Moldova is a necessity today. If that’s their choice, we won’t get in the way. Other countries have made other choices. This is at the discretion of everyone. I would say there are pluses and minuses for each scenario. And it is important to reassure the fact that in the scenario proposed by the coalition, international expertise is a part of the selection process.

Integrity and the decision-making process

I can tell you that when it comes to integrity, part of the decision-making process might include, for example, looking at the properties of the candidate for that position, examining if there are no sudden and unexpected occurrences of wealth, and examine if the nature of the cases he has analyzed over the years is arbitrary or there is evidence of political influence. The latter type of people should be removed from the system. I can say that there are now many good judges and prosecutors in the system waiting to work for leaders who have committed to the same goals as them.

There is no relationship between the United States and Mr. Plahotniuc 

As a U.S. representative, when I came to Moldova in October 2018, I stated that I will develop relationships with all the political forces in the country to be sure that they understand what our values and interests are. Thus, every conversation I had with Mr. Plahotniuc was based on these aspects. On June 14, this year, I had a simple conversation with him. In our opinion, there was [a] violation of the legislation of the Republic of Moldova and we said that it is something we do not encourage. I specified that a peaceful and democratic transition was appropriate at that time. There was no ultimatum. It was just communication.

One of the ways in which the country can appear in a good light on the international stage is to develop and build a truly impartial justice system. Because, unfortunately, in the countries in transition, this is just about to happen. I know the temptation is always there – faster promotion, money under the table for a certain course. But I hope you all will make a brave choice and I think that, in this way, everyone, step by step, decision by decision, you will make Moldova’s image associated with transparency, independence, and authentic law state rather than corruption. 

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