Primarul general al capitalei Republicii Moldova, Dorin Chirtoacă, suspendat din funcție după jocul politic de la Chișinău, s-a adresat într-un mesaj în limba engleză partenerilor externi.
Vă lăsăm mesajul integral original:
To whom it may concern
Let me inform you about a new illegal development in my case. On the 21st of September 2017, the Court of Appeal of Chisinau, had to decide on the prolongation of my house arrest for the next 30 days.
According to the law, art 312, par. (6), of the Code of Penal Procedure (CPP): “in case that the confirmative materials that prove the legality of the preventive measure applied were not brought to the session of the court trial, the Court pronounce the decision of cancelling the action of the preventive measure and liberates the arrested person”.
During the last 4 months, the Lawyers, and especially the Lawyer Tatiana Iovu, have constantly insisted that this article of the law has been disrespected, because the penal file itself was never brought to the Court, according to art 312, par. (6) of the CPP. This was one of the arguments, out of many others that show the illegality of my detention.
On 21st of September the Lawyers, Taiana Iovu and Gheorghe Malic, have insisted one more time that on their table the judges do not have the penal file, so the art 312, par. 6 of CPP is not respected, and the only decision that can be pronounced by the Court is to liberate the person (on their table the judges had only the letter of the prosecutor asking for the prolongation (which is a 100 % copy – paste of the previous, August letter, only the date was changed, and the decision of the Buiucani Court of 11th of September of applying the preventive measure). So, the judges had only 2 papers without having the penal file itself. The Court went on deliberation and after the deliberation the judges said that they will continue the trial and asked the prosecutor and the Chisinau Buiucani Court to bring to the Court of Appeal the penal file, the “confirmative materials”. The next session was established for 25th of September.
It means that the Court itself has confirmed the lack of confirmative materials, the lack of the penal file in the Court session. In the same time the Court has been partial to the prosecutor, offering him the possibility to complete his letter with “confirmative materials”.
On 25th of September, when the Court continued the session, the lawyers and myself we insisted only on one point that the art 312 par. (6) of CPP has to be applied, and this is the only solution that can be pronounced by the Court the case. Nevertheless, the Court has rejected our demand and has kept the prolongation of the house arrest, despite of the provisions of art. 312 CPP.
Obviously the principle of an equitable trial was broken, so together with the lawyers we will address to the European Court of Human Rights.
Above all this, the fact the Court of Appeal, has broken in a conscious way the law, underlines once again that this is a political story and has nothing in common with justice.
General Mayor of Chisinau (illegally suspended)
Chisinau, 26th of September 2017