The Moldovan legal community has been shaken by a serious controversy after a lawyer reported that he was arbitrarily excluded from a criminal procedural action and possibly subjected to covert investigative measures, raising concerns about interference with the independence of the legal profession and the right to defence.

Lawyer Sorin Guzgan filed an official complaint with the Superior Council of Prosecutors and a separate request with the Prosecutor General’s Office, alleging serious procedural abuses committed during a criminal investigation conducted by the Prosecutor’s Office for Combating Organized Crime and Special Cases (PCCOCS).

According to the complaint, on April 8, 2025, Sorin Guzgan — who was participating as a trainee lawyer under the supervision of a mentoring lawyer — was together with the lead defence counsel and the client during a procedural action. During the procedure, the prosecutor allegedly verbally ordered him to leave the office, without any written decision, without legal grounds and against the will of the defence, and the action continued in his absence.

Lawyer Sorin Guzgan maintains that this exclusion directly affected the client’s right to defence and represented an unjustified interference with the exercise of the legal profession.

Moreover, Sorin Guzgan claims to have obtained information indicating that special investigative measures may have been applied against him, even though he had no procedural status — being neither a suspect nor an accused. He asked the Prosecutor General’s Office to clarify whether such measures were carried out and whether his personal data had been accessed.

The case attracted international attention after Albanian lawyer and human rights advocate Ulian Bajrami publicly referred to the situation, describing it as an urgent call for professional solidarity and warning that the intimidation of lawyers and interference with the defence function represent a serious threat to the guarantees of a fair trial.

Observers note that both Albania and the Republic of Moldova are undergoing processes of judicial review and reform, and that cases of pressure on lawyers are seen as sensitive tests of whether these reforms generate real guarantees for the rule of law beyond formal changes.

Legal experts emphasize that, under Moldovan legislation and the European Convention on Human Rights, the right to defence and the independence of lawyers are fundamental elements of a fair justice system. Any arbitrary exclusion of a member of the defence team or secret surveillance of a lawyer in connection with his professional activity would raise serious legal and constitutional concerns.

So far, the authorities have not publicly commented on the substance of these allegations. The complaint is under review by the Superior Council of Prosecutors, and the request submitted to the Prosecutor General’s Office is under evaluation.

According to Sorin Guzgan, his objective is not to prejudice the outcome of any investigation, but to ensure transparency and accountability: “When such practices remain hidden, they risk becoming normalized. Silence is not an option.”

The case is being closely followed by legal professionals in the country and abroad, as it could become a landmark regarding the effectiveness of institutional protection of lawyers’ independence and the effective right to defence in the context of judicial reforms.