Wednesday, September 26, 2007

Kafka grabs DNA


Daniel Morar, head of the DNA (National Anti-Corruption Department) has managed to turn Justice into an absurd stage where citizens have no longer got rights, not even the right to learn what crimes they are investigated for.
The DNA has brought a special kind of inquiry in Romanian Justice, a kind that breaks human rights and fundamental liberties, although the Constitution has it that the latter are above any norms in Romania's national legislation. Just as ZIUA has reported on it several times, the DNA opens a criminal inquiry first, then they announce the press and only afterwards do they care to summon the accused to questioning to allow him to defend himself.
The same goes for criminal cases against ministers in powers. The DNA head asks Cotroceni Palace to consent to the opening of investigations against such officials, but without informing the persons at stake about the nature of the evidence. What Daniel Morar said last Monday live on TV was a shock to many experts in law. Paul Pacuraru, Romania's minister of labor, phoned during the talk show to say he would go to the DNA the following day to learn about the bribe case opened against him. But the DNA head put it briefly that he would come in vain, because he would be told nothing before the start of the criminal inquiry. It actually means before the special commission of Romanian Presidency decides on it.
Such a dangerous approach to prosecutors' work is both absurd and abusive. If applied everywhere in Romania, it would mean no decision not to open inquiry, but only to close inquiry or press charges. But official statistics show that each and every year over 70% of criminal complaints registered at national level end up with decisions not to open criminal inquiry. (...)
Given such a habit and given the fact that it is the President of Romania who appoints the head of the DNA, any government can get to be overthrown before you could say Jack Robinson, if the President dislikes something. The DNA can simply ask for consent to investigate against whatever and President Basescu can thus suspend everyone.

Razvan Savaliuc
Ziua Miercuri 26 Septembrie 2007 http://www.ziua.net/english

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