SoJust notifies the international bodies regarding the violation of the independence of the judiciary
16 May 2007 13:50
The “ Society for Justice ” Association notified on May 15 this year several official institutions of the European Union, international bodies, groups of European parliamentarians, European associations of magistrates regarding the escalation of events in Romania regarding the repeated disregard by the structures of state and politicians with positions of public dignity in Romania of the independence of the judiciary.
SoJust underlined the danger of the transfer by the Romanian political class of the political conflicts that Romania is going through these days in the field of justice, with serious and undesirable consequences on the stability of the Romanian judicial system.
SoJust especially requested that the institutions of the European Union be actively involved, through the legal mechanisms at their disposal, in monitoring the justice reform in Romania . It is necessary that the judicial reform, started with many difficulties and sacrifices, continue, precisely because justice is one of the necessary pillars in the deep democratization of Romania.
In this sense, SoJust reveals chronologically the pressures that have been exerted in the last days on the justice system:
on the morning of May 8 this year: the Romanian Minister of Justice promptly requests the Superior Council of Magistracy, without a prior administrative investigation and without informing the Prosecutor General of Romania or the National Anticorruption Department (DNA), to approve the removal of a prosecutor from his leadership position. occupies it at the second section of the DNA, in the conditions in which the second section notified the courts with cases regarding parliamentarians, local politicians from the entire political spectrum and which is investigating such cases;
May 9 : in a press release sent to the public, the Minister of Justice describes as “political order” the reaction of a number of 51 prosecutors, both from the central structure of DNA and from 8 territorial structures, as police officers who took a position of principle against the manner located outside the good practices in which Mr. Tudor Chiuariu proceeded by proposing the dismissal of a chief prosecutor from the central level of the DNA.
May 10 : the summoning of prosecutors and judicial officers before the parliamentary commission investigating the manner in which telephone interceptions are made, given that they are conducting criminal investigations into various politicians, and the only legal body called to sanction possible abuses in – a concrete case is the court and not the legislative power;
May 11 : the request of the Minister of Justice to dismiss the director of the National Institute of Magistracy (INM) for the simple reason that, following the wave of protests of hundreds of magistrates directed against the request of the Minister of Justice for the untimely dismissal of the prosecutor at DNA, he asked the minister to cancel his visit that he had scheduled at the INM headquarters with the future magistrates on May 10 this year;
May 9 – May 12 this year : public statements, in various press interviews and television shows, by which the Minister of Justice requested criminal convictions for corruption offenses, statements that harm, in the opinion of SoJust , not only the judiciary, instigated to give criminal convictions in the conditions in which the foundation of justice consists in assessing the guilt of an accused based on the evidence in the file and not on the statements of politicians, as well as human rights and fundamental freedoms of the accused, who, until the final verdict of a criminal convictions, benefit from the presumption of innocence;
May 14 : extremely harsh verbal sanction by some members of the Permanent Bureau of the Chamber of Deputies of the Prosecutor General of Romania regarding its refusal to comply with the request of the commission investigating the manner of telephone interceptions, given that SoJust recalls that Romania is a signatory to Recommendation (2000) 19 of the Committee of Ministers of the Council of Europe on the role of the prosecution in criminal justice, which states in point 11 that “States must take appropriate measures to ensure that members of the prosecutor’s office unjustified ”, a recommendation regarding the obligation of the legislative and executive power to avoid any unjustified interference in the organization and functioning of the Romanian prosecutor’s office.