On Friday, July 4, the Supreme Court of Justice (SCJ) dismissed the lawsuit filed by prosecutor Ion Bunica, thereby upholding the decision of the Prosecutor Evaluation Commission which found that the candidate did not meet the ethical integrity criteria required to serve as a member of the Disciplinary and Ethics Board under the Superior Council of Prosecutors, in line with the standards set by Law No. 26/2022.
In its ruling, the Supreme Court concluded that the Commission’s decision was well-founded and lawful, noting that the “serious doubts regarding the candidate’s compliance with ethical integrity standards, stemming from his involvement in a case decided by the European Court of Human Rights (Eșanu v. Republic of Moldova), had not been convincingly rebutted by the applicant”.
Specifically, the Supreme Court noted that the European Court had found that the prosecutor’s actions were designed “to circumvent the Constitution of the Republic of Moldova” by unlawfully extending the pre-trial detention of a defendant beyond the constitutional 12-month limit. According to the Supreme Court: “This conduct and the maneuvers employed by the candidate were in direct contradiction with the obligations set forth in the Prosecutors’ Code of Ethics, which demands adherence to the highest standards of integrity and responsibility.”
The Supreme Court’s decision reaffirms the legality, rigor, and impartiality of the evaluation process, as well as the importance of upholding integrity in the selection of members for self-governing bodies within the prosecution service.
To date, the Supreme Court has upheld eight Commission decisions regarding the non-passing of evaluations. Three additional challenges are currently pending. The full SCJ decision is available at the following link: https://jurisprudenta.csj.md/search_col_civil.php?id=78879