Annually, courts examine dozens of cases in which former employees of the Ministry of Internal Affairs (MIA) ask to be restored to function after being fired. Although there are many cases where former employees lose trials, and with them the right to be restored, there are many situations when they return to the old function, even receiving the salary for the period in which they could not exercise their profession. Meanwhile, there are even more odd cases, when dismissed return to MIA without resorting to the courts. An example is the police captain Dan Maximciuc. By an order signed by Ion Bodrug, Head of the Inspectorate General of Police (IGP), on August 22, 2013, he was laid off from MIA IGP, by paying him the cash compensation for unused leave.

Maximciuc, who, after retirement of Valentina Litvinov, the former head of the National Central Bureau “Interpol” led for several months, the Office, of the interim position, was fired after the Service of Internal Security and Combating Corruption MIA following an internal investigation, detected, in its activity, several deviations. Maximciuc’s problems began after a conflict with a colleague, when he “behaved rude, disrespectful, insulting, accompanied by the use of words uncensored by which was humiliated the honor and dignity of Ms. Cristina Iliev” says the dismissal order. Subsequently, a sociological survey was conducted and found that Maximciuc behaved unworthy with other colleagues, who said he ” uses an authoritarian leadership style, manifests an unconscious attitude towards service obligations”. In the control was determined that he would have missed or delayed unfounded from work several times. “Mr. Maximciuc refused to provide an explanation of these violations … did not contribute actively to establish the truth”, says the dismissal order, took possession ZdG. Dismissed at the end of last summer from the IGP, by order of Ion Bodrug, on November 5, 2013, by another order issued by the PGI chief, Maximciuc was “detached from the head of the BNC” Interpol ” by Section no. 3 Department no. 3 of the National Inspectorate of Investigation (INI)”. Few days ago, on May 30^th, 2014, by an order signed by the same Bodrug, based on a personal application, Maximciuc was appointed senior officer of the investigation department no. 2 of direction no. 3 of INI. How was this possible? ZdG sources claim that this happened after the employer, ie, IGP of MIA, canceled his order by which was dismissed Maximciuc, about two weeks after its issuance. Subsequently, Maximciuc went on vacation, and in November returned to another function. However, although there is the order signed by Ion Bodrug, head of PGI, contacted by ZdG, said that Maximciuc was never sacked from IGP, but only “changed to another job”.

Also came back and left again Valeriu Cojocaru, former Chief Commissioner of Falesti Police, dismissed on January 14, 2013 by the Minister of Interior for not informing MIA about the hunting incident from “Royal Forest” where was mortally wounded Paciu Sorin, continued to work in the MIA until a month ago. Police Lieutenant Colonel has not agreed with MIA order and, on February 3, attacked in court, seeking reinstatement, and pay of average wage during the forced absence from work, moral damages in the amount of 100 000 lei, and trial costs totaling 7,500 lei. In May 2013, by the Centre Court’s judgment, the appeal was allowed partly, Cojocaru was restored and was paid 26,112 lei, the average salary for the period of unauthorized absence, 10 thousand lei – non-pecuniary damage, and 7500 lei – trial costs. In November 2013, the Court of Appeals (CA) Chisinau overruled this decision. On April 14, 2014, the Supreme Court rejected the appeal of former Commissioner, the decision being final and irrevocable. Although dismissed from MIA, Valeriu Cojocaru still worked in this institution until recently, being the head of department in the Directorate Special Missions. About Cojocaru’s return announced last fall, Communist deputy Anatoly Zagorodnii, former President of the Commission which investigated the circumstances of “royal” hunting, and last month, Vladimir Maiduc, former head of the Department of Homeland Security and Combating Corruption MIA, upset that was removed from the system. Perhaps, after the case became public, former Commissioner of Falesti was again removed from the system. Now PGI head, Ion Bodrug, claims that Cojocaru does not work in MIA. “He worked because he won the judgment. Later, we attacked at the CA, and won, and since then, he is not working”.

16 returns in 1.5 years

The court is the surest way to return to the MIA. Almost, each dismissed policeman attack the order in court. Many of them win and return to police. According to information provided by MIA in 2013, 14 police officers have returned to organs after sued the ministry. Meanwhile, 45 other officers, though they appealed to the court, were not restored. In 2014, another two dismissed policemen were back into the system, through judges. “Some of the dismissed officers did not deserve to be punished with dismissal from organs – the harshest punishment that can be imposed on a policeman. Many police officers are fired unjustly. It is exaggerated with police layoffs. I think that competent authorities should be more careful, because, ultimately, it is also about money, but also about the human factor. There are policemen dismissed for a single violation in the last 4-5 years. Otherwise – just mentions. In service surveys, cases are not investigated under all aspects, are not taken into account many things, procedures are violated and thus lose the case at trial”, think Michael Lashcu, president of ” Dignity ” police union. Dorin Recean, Interior Minister, in an interview for ZdG, asked about “purification of police lines” by eliminating from the system of corrupt policemen, admitted that it is a complicated process, since last are restored through the courts. “Yes, it’s complicated, but there are two options: if the legal instrument is abused, we apply the administrative tool. And sometimes the courts are reached again, with the restoration to work, but again is applied the administrative tool”, pointed the Minister.

Saachian, returns champion.

Actually, analyzing dozens of decisions of the courts, especially of the Court of Appeals (CA) Chisinau and the Supreme Court (SC), we found several instances when cops sacked, including for corruption, returned to MIA bodies after suing the ministry. There are times when policemen, suspended from office because they are subject to an internal investigation, also return after court decisions. Champion of such returns is, undoubtedly, Ruslan Saachian, former chief of Criminal Police and an important figure in the events of April 7, 2009, when retained, illegally, innocent people in the street. In early 2014, he returned, again, to MIA bodies, after, last year had been suspended his individual employment contract. Saachian is now engaged at Serious Crimes Investigation Service of the Police Department Chisinau, the new name of the Criminal Police Department, after reforming MIA. Also after the events of April 2009, Saachian returned to the system through the courts.

So did Vitalie Popovich, who in December 2012, during the tragedy from Royal Forest, served as Chief of organization Department, analysis and control of Falesti local police, ousted in January 2013, along with three other colleagues, including the district commissioner, the accused ” his inaction had conditioned not registering on 23^rd of December 2012, of information on injury caused by a firearm’s to Paciu Sorin”. Popovich sued MIA, and the judges decided to reestablish him, after policeman claimed that on December 23, 2012, was not at work, and that the responsibility for non-registration information can not be put on him.

Radion Ceban, Deputy Head of Section 2 of the Anti Drugs Directorate, was dismissed from MIA after in his activity were established several irregularities. Ceban was administratively sanctioned for having violated the discipline of service, “came into conflict with the chief, calling him uncensored words, refused to go on a service trip to perform operational measures and retention in the act of people”. Also Ceban, in 2011, through a conclusion of prosecutor from District Prosecutor’s Office was convicted of “excess of power or abuse of service functions”, but was only fined with 3000 lei, after he pleaded guilty. Last year, including the Supreme Court restored him to office. The judges decided Ceban to be acquitted and be paid the salary in the amount of 41 000 lei, which he missed while he could not pursue his job.

Victor MOSNEAG, victor.mosneag@zdg.md