The People's Advocate identified the issue on the failure to record the audio of court hearings.
This fact does not allow the person to contrast the statements given with those mentioned in the
hearing and in the minutes of the hearings. In the investigation process, the People's Advocate
found the violation of the Regulation regarding the digital audio recording of the court hearings,
approved by the Decision of the SCM no.338 / 13 of 12.04.2013, as well as the provisions of
Art.336 and 337 of the CPC regarding the registration of the court hearings in order to ensure the
fullness of the minutes of the court hearings, which amounts to a serious violation of the
fundamental rights to defense and to a fair trial.
In this regard, the People's Advocate addressed the Superior Council of Magistracy10, and
recalled about the recommendations of the UN committees in the context of ensuring the realization
of the right to a fair trial.11
Following the recommendation of the People's Advocate, the Superior Council of Magistracy
submitted to the courts a circular on the importance and obligation of compliance by court
employees, as well as monitoring by court presidents of the provisions of the Regulation on digital
audio recording of court hearings.
The People's Advocate considers that this deviation is inadmissible in the context in which the
Justice Sector Reform Strategy for 2011-2016 had one of the general objectives, and namely
“building an accessible, efficient, independent, transparent, professional and responsible towards
society justice sector, which corresponds to European standards, ensure the rule of law and respect
for human rights and contribute to ensuring the confidence of society in the act of justice ”. Thus, it
follows that the policy document has not achieved the desired results and impact, and at the same
time it highlights how important the level of professionalism of human resources is for a reform to
have a positive impact on the beneficiaries.
Another problem identified is the failure to draw up the full court decision by the judge, at the
request of the participants in the trial.
The People's Advocate identified situations in which the constituent elements of the
disciplinary deviation were met and addressed the Disciplinary Board of the Superior Council of
10
Pursuant to point 8, sub-point 6) of Law no. 164 of 31.07.2015 for the approval of the Regulation on the organization
and operation of the People's Advocate Office.
11
The State is encouraged to take concrete and effective measures to ensure the right to a fair administration of justice,
in accordance with Article 14 of the Covenant on Civil and Political Rights and General Comment No. 32 (2007) on the
right to equality before courts and tribunals and to a fair trial; ensuring an immediate, thorough, independent and
impartial investigation into all allegations of violation of the procedure and bringing to justice those responsible,
including officials of the judiciary, who are involved in this.
8