ECtHR trial, improvised by NIJ trainees

26. 02. 2019

On Monday, February 25, 2019, within the framework of the “Human Rights: The Universal Protection System and the European Convention on Human Rights System” course, the trainees of the National Institute of Justice have demonstrated their skills in a simulated trial at the European Court.

Future judges and prosecutors have performed as plaintiffs, representatives of the Governmental Agent and third party intervener, simulating trials based on scenarios regarding freedom of religion and the right to education, physical/psychic integrity and bioethics, freedom of expression and journalistic sources.

Before the simulation activities began, candidates for the positions of judge and prosecutor were encouraged by Mihai Poalelungi, President of the Constitutional Court, former judge at the European Court of Human Rights, and Oleg Rotari, the Governmental Agent of the Republic of Moldova before the ECtHR.

In seven groups of five, the trainees presented their cases in front of two judge panels comprised of Diana Scobioala, Doctor Habilitatus in Law, NIJ Director, Olga Dorul, Doctor in Law, NIJ trainer, Dumitru Obada, NIJ trainer, Seconded Prosecutor, Oleg Rotari, the Governmental Agent of the Republic of Moldova before the ECtHR, Alexandra Nica, Head of Training and Research Department of the NIJ, Ion Chirtoaca, NIJ trainer, Seconded Judge.

The performances of candidates for the position of judge and prosecutor have been assessed according to several criteria, including: the manner of presenting the facts, the language used and the attire, the applicability of the material right to the circumstances of the case, the invocation of the case law, the quality of the response, the compliance with the procedure.

At the end of the improvised hearings, the Governmental Agent of the Republic of Moldova before the ECtHR, Oleg Rotari, indicated some useful recommendations to future judges and prosecutors as to how to present and defend their plea before the European Court of Human Rights.