The Center for Journalistic Investigations won the case in a trial initiated by former magistrate Sergiu Furdui

Cornelia Cozonac
22/05/2023

The Center for Journalistic Investigations won the case in a trial initiated by former judge Sergiu Furdui. The trial was based on the claim that an article published on the www.anticoruptie.md portal, which targeted Furdui, would have harmed his honor and dignity. The Chisinau District Court, Center sector, dismissed Sergiu Furdui's summons request on May 17, deeming it unfounded, regarding the defense of honor, dignity, and professional reputation.

The former judge reacted to the publication of the article titled "The Onslaught of Prosecutors over the Legal Profession: Candidates-Surprise" on the website of the Center for Journalistic Investigations, www.anticoruptie.md. The article addressed a matter of public interest, namely that several applicants for a lawyer's license had allegedly attempted to take advantage of a provision in the Law on Advocacy, passed by the former Parliament on June 14, 2021. This provision allows access to the defense guild without examinations for those who graduated from the National Institute of Justice, a mandatory institution for all prosecutors and judges, and who have worked at least 6 years within the system.

The article also mentioned that out of the 69 individuals aspiring to obtain a lawyer's license, 49 were former or current prosecutors, with eight of them having served in the judiciary. The article stated that more than half of the candidates had been subjects of journalistic investigations or had a status in criminal cases, most of which were initiated for corruption crimes.

Regarding former magistrate Sergiu Furdui, the article mentioned the following: "Most of the judges included in the list of 69 have integrity problems. For instance, Sergiu Furdui, former judge at the Chisinau Court of Appeal, who left the system in March 2021. Furdui has been active as a magistrate at the Chisinau Court of Appeal since 2012. Over the years, he has been involved in many public scandals. In 2012, as vice-president of the Criminal Board of the CSJ, he signed a document indirectly recognizing the independence of the Transnistrian region. The document referred to the Transnistrian region as 'a separate state.' The CSM subsequently decided to issue a warning to the judge. In 2010, the press reported that Sergiu Furdui owned a luxury house, which he did not declare. Furdui later admitted that he resided in the villa, but claimed it belonged to his in-laws."

The plaintiff argued that "the actual news, particularly the part referring to the plaintiff, damages his honor, dignity, professional reputation, and societal image, as false reports and value judgments without sufficient factual basis are being spread." Furthermore, the plaintiff claimed that "once the plaintiff, as a person of high public standing, is defamed, the image of the judicial authority is also tarnished." The former judge did not seek monetary compensation but requested the publication of a denial.

The aforementioned decision can be appealed within 30 days of the ruling through the Chisinau Court of Appeal, following the proper appeals process at the Chisinau Court, Center headquarters.

Sergiu Furdui has served as a judge at the Chisinau Court of Appeal since 2012. In March 2021, he resigned from his position as a judge at the Chisinau Court of Appeal. Subsequently, the Superior Council of Magistracy (CSM) approved his resignation request in a meeting held on March 9, with 11 "pro" votes.

The lawyer who represented the Center for Journalistic Investigations in the trial against Sergiu Furdui is Sergiu Bozianu.

 

Cornelia Cozonac
22/05/2023




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