Initiate the elimination of remaining symbols of prosecutorial power vis-a-vis private
parties, including the requirement for public prosecutors to wear uniforms in the absence
of a similar requirement for defence.
Through appropriate regulations, address court practices and conditions that are
detrimental to the rights of victims and witnesses, including (i) conditions that cause
unsafe contacts between victims or witnesses and defendants, their relatives and
supporters; and (ii) inconsiderate and inefficient practices for scheduling and rescheduling court hearings. In particular, insist on abolition of the practice of scheduling
numerous cases for the same time and in-bulk hearings at the appellate level. Emphasize
courts’ obligations ensure respect for victims’ and witnesses’ safety, dignity, time and
expense.
Review current standards and interpretations of judicial and prosecutorial ethics. Make
sure the following practices constitute direct grounds for disciplinary action:
manifestations of inequality between parties, in particular between the state
prosecution and defence; ex parte communications between judges and prosecutors
or defence lawyers;
infringements of the rights of defendants; in particular, prohibit indication of the
defendant’s guilt before the pronouncement of verdict, tardiness in the resolution
of cases involving individuals held in pre-trial detention, and violations of the right to
competent and accurate interpretation. Use of coercion to compel a person to make
a statement or admit guilt should be expressly prohibited. Allegations of torture or
other cruel, inhuman or degrading treatment under the codes of ethics should be
promptly examined;
disrespect for victims and witnesses and placing constraints on their rights, including
improper summoning and scheduling practices, indifferent treatment within court
houses, inadequate explanation of procedural rights, violation of the right not to
testify against family, application of pressure during testimony, failure to react to
threats against victims or witnesses, unnecessary disclosure of personal information,
and use of improper language and inappropriate comments;
lack of diligence and supervision in case handling, including neglecting to
inform participants about hearings, disordered scheduling, undue delays and
postponements, overly lengthy adjudication, lack of convincing reasons for closing
court hearings and other symptoms of disorganisation.
Use assigned authority to boost disciplinary accountability of judges for acts or omissions
incompatible with the probity and integrity of judicial office and which, in particular,
damage the integrity of court proceedings.
Strengthen the link between rules of professional ethics and mechanisms for selection,
promotion and periodic evaluation of judges’ performance. In particular, ensure that
quantitative performance indicators for periodic evaluation and promotion are balanced
against qualitative criteria such as the efficiency of case processing and professionalism
in conduct. Appraisal of court presidents should include the effectiveness of court
operations.
Encourage input from Moldovan society, especially from court clients, into the evaluation
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