Wednesday, September 19, 2007

Political prosecutors



The phone calls and directions from Cotroceni Palace are no longer a secret to anyone. Apart from these, there are two important reasons why the DNA (National Anti-Corruption Department) has turned into a police-like Prosecutor's Office, now approaching difficult cases on political criteria. The two meek head of the DNA and that prosecutors' department of the CSM (Superior Council of Magistracy) that allowed some DNA investigators to go too far, but pretending not to see the negative clues on certain inquiries.
Let's start with the much-distinguished Laura Codruta Kovesi, a nice smiling lady who is a good listener. But whenever hearing about flaws in the DNA, she would complain about lacking enough means and attributions she could use to impose herself, although the DNA is subordinate to the Prosecutor's Office she guides. What did general attorney Laura Codruta Kovesi say when the scandal on the disaster the CSM uncovered in the DNA was very noisy ? She was not worried about the abuses committed under Daniel Morar's rule, which stunned public opinion, but she swore she didn't even unseal the envelop with the report sent by the CSM, promising she would return it as such, meaning unopened. She wanted to avoid any suspicion from whomsoever (is it Cotroceni Palace ?) that it was from her that the report leaked to the press. Given such a chief who doesn't even want to know what is going on in the DNA, of course the Tulus-Morar team can do what they please.
The second reason why the DNA is politicized is the prosecutors' department in the CSM. I don't think there is any CSM member who is afraid that Morar's prosecutors may draw him a criminal record. Mind you that judge Huza had to leave the CSM after being sued by the DNA. But I strongly believe that the CSM members fell prey to their own trap. Out of their wish to turn Justice into a totally independent power to report to no one, not even when it doesn't work, they ignored all the negative clues the DNA showed. In the last two years the CSM inspectors had no problem with muffling all the discipline cases within the DNA, with consent from the Council members and this is how they created a small monster: a Prosecutor's Office that breaks criminal procedure norms, proving it functions politically. Tough cases against leaders of Romanian Democrats were kept in drawers at the request of President Traian Basescu. Criminal cases were drawn against the adversaries of the Cotroceni group, also at request. The enthusiastic anti-corruption promises made during the electoral campaign were not kept. There is no sentenced and the cases that reached courts turned to dust. It is now obvious that only the ex mafia of the ex Social-Democrat regime is under inquiry, whereas today's mafia is carefully avoided.
The DNA has become not only obedient to Cotroceni Palace, but also a factor disturbing the independence of Justice. Because of its obedient prosecutors it gets Justice politically involved, as such prosecutors don't realize that Romania joined Europe and they may no longer invent criminal cases taking the orders of those who appointed them. The last proof is the solicitation of Daniel Morar, whom I call 'the President's servant'. Yesterday he dared ask President Basescu for permission to investigate on minister Chiuariu, the official who demanded the DNA heads should be dismissed.
What decision will the CSM members make when the check report is released in October 3 ? Some will have to prove what side they are on. Given the conclusions in the report, all the DNA heads should be dismissed. But the CSM may respond to the Justice minister's solicitation for revocation only by consultative consent. In fact, it is President Basescu who decides. Unless he wants to sign revocation decrees, Morar's team will go on. And why would Traian Basescu sacrifice his protegees, since so far he has been in no trouble because of cases such as the Fleet, the villa in Maihaileanu Street and more of the kind, to be found in the DNA's toy box ?

Razvan Savaliuc
Ziua Miercuri 19 Septembrie 2007 http://www.ziua.net/english

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