reasonable time; however, often these efforts are at the expense of other rights.
The right to be presumed innocent was violated when judges demonstrated lack of interest in
the parties’ statements. In isolated cases monitors noted that the prosecutor used the term
“criminal” while addressing the defendant. The practice of holding defendants handcuffed
or in metal cages throughout the trial is notable.
The right to legal assistance and the right to adequate time and facilities are respected with
regard to the presence or the appointment of a lawyer. Cases were noted in which a defence
lawyer was either not well prepared or passive. In a few cases defence lawyers did not know
the basic facts. When acting as legal aid lawyers, defence lawyers tended to be less active
and show less interest than when privately contracted. Courts in Chişinău continued the
problematic practice of appointing legal aid lawyers shortly before the court hearing. The
practice decreased towards the end of the Programme, when the Law on State Guaranteed
Legal Aid entered into force. No such practice was noted in the Southeast of the country.
The right to an interpreter is negatively affected by a chronic lack of interpreters, especially
for languages other than Russian. The quality of interpretation is inadequate, including
due to lack of legal-linguistic training and adequate remuneration. In many instances the
judge took on the role of interpreter – in addition to that of judge and court clerk (dictating
to the clerk exactly what to write in the minutes). The problematic practice continued of
conducting hearings interchangeably in two languages – the state language and Russian
– without interpretation.
Findings related to the rights of the victims and witnesses in a fair trial:
The right to physical security is negatively affected by the lack of appropriate court facilities
and of adequate attention by prosecutors and judges to ensure victims’ and witnesses’
rights. Monitors noted instances in which the defendant directly threatened the victim, most
frequently in trafficking and domestic violence cases, with no action taken by the judge or
prosecutor.
The right to be treated with respect was affected when victims and witnesses were treated
insensitively. Judges frequently failed to remind victims and witnesses that they had the
right to read their statements before signing them.
The right to privacy is generally respected by judges, who usually decide not to hold public
hearings in cases of trafficking, domestic violence or sexual offences to protect the interests
of the victim. Monitors noted, however, that such decisions were often taken unilaterally by
the judge without consulting the victim. Judges and other participants continued to ask
inappropriate and unrelated questions about the intimate life of the victim.
The right to adequate interpretation facilities: Implementation of it is more problematic for
victims and witnesses than for defendants. Monitors noted many cases in which the judge
did not seek an interpreter though the victim or witness clearly needed one.
The right to legal assistance: Victims and witnesses have the right to legal assistance. Monitors
observed, however, that few victims had legal representation and that mostly through NGOs;
monitors did not observe witnesses with legal representation.