ECHR will consider the crimes of Plahotniuc’s regime against Renato Usatyi!
The European Court of Human Rights has accepted the complaint of the lawyers of the leader of “Our Party”, Renato Usatyi for numerous irregularities committed by the prosecutor’s office.
During the press conference, the lawyers of Renato Usatyi spoke about a great number of grave violations committed by the criminal investigation bodies. Among them, also the arrest warrant issued by the former lawyer of the Democratic party of the oligarch Vladimir Plahotniuc, the judge – Sergiu Bularu.
“There is a practice created by the Moldovan courts and the European Court of Human Rights, which specifies under what circumstances a preliminary arrest can be applied,” - Cerga said.
He stressed that the defense considers the arrest warrant as illegal, “fact confirmed also by the ECHR. We have already received a letter from the ECHR, in which we were notified of the assignment of the number to the case.”
Meanwhile, according to the lawyers, the criminal case instituted against Renato Usatyi is a priori illegal, because it was reopened through a procedure not provided by the law of the country, according to which the right to reopen a criminal case belongs exclusively to the judge.
“The Prosecutor General, Eduard Harunjen reopened the criminal case of fraud in September 2016. The case is invalid because it was initiated by a person who does not have the competence for this”, - the lawyer Angela Istrate said.
Istrate referred to the decision of the Constitutional Court, which found invalid the norm of the Code of Criminal Procedure, establishing the right of the prosecutor to reopen the criminal case.
“In addition to being reopened by a person who is not entitled to do so, the criminal case also contradicts the principle of legal certainty,” the lawyer declared, stressing that the case relating to fraud was terminated in September 2013. Subsequently,
the decision to terminate the case was appealed by a superior prosecutor, but later it was recognized as lawful. The court also expressed a view in favor of this fact.
“By the decree of the Prosecutor General, only the decision on the termination of the criminal case was annulled but the other two decisions – of the superior prosecutor and the court, remained untouched and valid to this day. In this case, there was a kind of collapse - we have a decision to reopen the criminal case and two other procedural decisions in force,” she added.
Another grave violation of the law is the fact that the statute of limitations of one year has expired. Furthermore, no new circumstances provided by the law were specified in the resolution on the reopening of the case.
The lawyers noted that criminal cases brought against the activists of “Our Party” demonstrate the continuing degradation of justice in Moldova. According to the lawyer, Anatol Istrate, the facts that are listed confirm “that the justice has a selective nature, and the prosecution authorities in the performance of the act of justice demonstrates a selective approach”.
The criminal case against the chairman of “Our Party”, Renato Usatyi had been instituted as early as last autumn on suspicion of fraud. Subsequently, another case was instituted - on suspicion of attempting to murder the “black banker”, German Gorbuntsov. The both cases have been initiated in the midst of the election campaign. Usatyi himself stated then that the criminal case was a political order.