Classified abuse

Prosecutors, the intelligence services and the executive power make use of the aberrant Law 51/ 1991 on national security in order to coordinate criminal trials.
Prosecutors refuse to show judges authorizations for phone call interception by invoking the "secret of state". It is only the government who may declassify the interception, at the motivated request of the secret services invoking the secret. According to a decision reached by Bucharest Court of Appeal, "the court's access to it depends exclusively on the executive power thus interfering in the progress of a criminal trial, which is unacceptable and incompatible to the rule of law and the principle of separation of powers in state".
When facing actually illegal evidence, judges may dismiss it and thus get famous criminals away with it. This was the scenario used on the Camataru brothers. The Interior Ministry classified their intercepted phone calls.
Judges may also transfer cases to courts with magistrates having an ORNISS certificate, but in such case the principle of random distribution of criminal cases is disobeyed and suspicion on impartiality arises. The Bucharest Court of Appeal also mentions that "Romanian legislation on national security is not in keeping with the European Convention of Human Rights", just as it is interference in the use of the right to mail. (...)

Bogdan Galca
Ziua Miercuri 15 August 2007 http://www.ziua.net/english