Thursday, October 11, 2007

Traian Basescu and the political prosecutors

Traian Basescu is between the sea and the devil, meaning between the political prosecutors he unbound and the Superior Council of Magistracy who reached a decision. The Council came up with a real indictment against the National Anti-Corruption Department in general and against those prosecutors collaborating best with Cotroceni Palace in particular. Since he is 'a president-player' making use of his ambition to confiscate the whole power, Traian Basescu has got to defend his protegees. Due to these prosecutors of state who serve the President's personal interests instead of serving Justice and national interests Traian Basescu can keep his political adversaries in the cramp and break their spines by election time. On the other hand, as he is a head of state, he must obey the Constitution, meaning state institutions and their independence. And he must also serve citizens and see that their fundamental rights are respected. It is just that the report by the Superior Council of Magistracy, the supreme instance in matters of Justice, shows it as clearly as possible that the prosecutors working for the National Anti-Corruption Department broke procedures and therefore human rights too. But a question such as "What will Basescu do in the end and how will he settle the above-mentioned dilemma ?" is just rhetorical.
Traian Basescu made a choice. A short time ago he dared express a too early opinion on the scandal in Chishinau, with a Romanian diplomat accused of visa trafficking. He had actually claimed the diplomat was innocent before there was any inquiry. But the diplomat was presently accused. In this case too the President praised the political prosecutors just a few days before the Superior Council of Magistracy reached verdict. The Romanian President tried not only to influence a decision up to the supreme Justice institution, but also to humiliate the members of the above-mentioned Council. In other words, he managed to defile Justice independence, which is why he is as silent as a fish now, because there is no other way he can explain it.
Justice can't possibly continue as the black sheep among the powers in the Romanian State and it can neither be some politicians' whore. The idea of fight against corruption has been enough compromised by political vendettas. Together with the very insufficient budget, this is why people's distrust in Justice has reached as low as ever in a democratic state. It is no wonder that Romanian and foreign analysts think Justice is running out of credibility reserves. So what is left of a state where this power is knocked out by the very constitutionally elected President ?
Take your hands off Justice, Mr. Basescu ! Out with the political prosecutors at once ! Each of them must be under investigations and we must return to citizens' agenda. Romanian courthouses are crowded with people asking for their rights, mostly in civil trials, thousand times more numerous and some of them more painful than the criminal ones. Prosecutors were turned into state lawyers, some of them against their will, to serve government and Presidency. As for judges, the only magistrates still pleading for fair Justice, they can't work normally because of having no facilities, although it is them who do away with as much as can be done away with from the shame of Justice, trying to deadlock the political prosecutors' abuses, among others.
Now they are working on the 2008 budget. If political parties have got the slightest respect for citizens and the slightest consideration for Justice, supposed to be a truly independent power in state, it is time for these institutions to get the necessary funds. Justice needs to drive away the incompetent ones, just as it needs money and management.

Sorin Rosca Stanescu
Ziua thursday 11 october 2007 http://www.ziua.net/english

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