CHIEF PROSECUTOR OF THE NATIONAL ANTICORRUPTION DIRECTORATE (DNA) FROM ROMANIA, RECOGNIZES: “ THERE IS CORRUPTION IN THE ANTICORRUPTION DIRECTORATE “
THE INSTITUTIONS OF JUSTICE FROM ROMANIA UNDER THE POWER CORRUPTION
The Institutions of justice in Romania, are suffocated by the corruption of these institutions. Even the departments which have the obligation to fighting against corruption from within the system justice , have corrupt people.
At the beginning of the month of December, (this year) has been invited to an radio station in Romania (Europe FM) , Laura Codruta Kovesi , the Chief Prosecutor from DNA ( NATIONAL ANTICORRUPTION DIRECTORATE ).
With this occasion, she was asked by an citizen if there is the possibility that some of the people within DNA they can be corrupt.
Laura Codruta Kovesi she said that have been cases of corruption in the NATIONAL ANTICORRUPTION DIRECTORATE
In these circumstances these situation it justify the following fact :
Although the citizens of Romania they make complaints almost daily about acts of corruption made by the magistrates from Romania, some magistrates are “protected” by the departments in charge of combatting the abuses and corruption from the judiciary system in Romania.
These departments in : judicial inspection ; National Anticorruption Directorate ; Superior Council of the Magistracy ; General Prosecutor’s Office, they decide “personal” most of the times if a magistrate should or should not be investigated.
In this week (September 21-27), on the occasion of a conference which took place in the Parliament of Romania, the President of the Magistrates Association, Judge Gabriela Baltag affirmed that there are big problems in justice from Romania, referring to the interests of this justice and the problems which make the justice system in Romania an obedient justice. President of the Magistrates Association in Romanian claimed that justice from Romania is a Justice of revenge.
With this occasion, the Judge Gabriela Baltag said that now, the Superior Council of Magistracy it is not able to sustainan independent justice for justice (as a system) and for citizens.
Also, the President of the Magistrates Association in Romanian concedes that the majority of citizens from Romania are judged before the benefit of the solution of a court. The Judge Gabriela Baltag admitted that, both legislative system in Romania as well as the judicial system, are drifting.
In these circumstances, one can see that Justice from Romania is a judiciary devoid of impartiality and transparency, a system that no longer guarantees citizens the right to a fair and balanced justice. At the time when the President of the Magistrates Association in Romanian presents these findings it is clear that Romania has not exceeded political regime of Ceausescu.
Romania is on a wrong way regarding justice. This country lost many processes at the European Court of Human Rights and European Court of Justice, because justice is done after personal interests and without respect for fundamental rights of people and principles of a correct process. The judges , judge after commands on which receive them and the magistrates are doing their best to send anyone to court. This form of execution is a fashion from during the Ceausescu regime. The same system under another image (hearing people at night ; the pressure prosecutors over people in the offices of magistrates ; threat and coercion ).
Romania is not a State of Law. Although is a country which says it has an independent justice it is a country which loose daily of dignity. The fact that , The representatives of the institutions of justice from Romania do photographs with different political personalities or military in Europe or of the United States, does not prove that the institutions from Romania are transparent and correct.
The Presidents of the Supreme Courts of Justice of the USA, France, Germany or the United Kingdom does not take pictures to prove that justice in these countries is transparent and correct.
By the way, the act of giving gifts as a President of Supreme Court of Justice to a diplomat is interpreted and sanctioned like a buying of influence.
The last case (Maria Rarinca) shows subjugation of the judges and the pressure imposed by those who leading institutions of justice . There are other cases that demonstrate that justice in Romania is a clan : The Case Vasile Tataru – Bacau city ; The Case Daniela Tarău – Bucharest City ; The Case Catalin Tabacaru – Bacau City ; The Case Mihai Moldoveanu – Bihor City etc. These cases indicate that the Romanian justice system is a group of interests, where the magistrates destroy the lives in this country
Abuses from Romania Justice proves once again that this country does not have independent institutions and citizens are led by the force and pressure of some magistrates. Romania has not exceeded experience of communism.
It is about the case of Mrs. Mariana Rarinca . After two judges found her not guilty (final decision), the judge Matei Dorel George, at the Bucharest Court of Appeal (judge subservient system) , at the request of President High Court of Cassation and Justice of Romania , upheld retrial case.
The purpose? Support Livia Stanciu to win this process. It is obvious that the institutions of Justice from Romania are governed by interest groups with Communist thinking and strategy.
The judge Dorel George Matei, at the Bucharest Court of Appeal, as changed the term in which it is a part the President of the High Court of Cassation and Justice of Romania, After which he assigned to single folder, and admitted in principle an opposition by the Public Ministry and Livia Stanciu in this folder, without having to keep in mind that the dossier had been originally assigned to another completely.
These decisions of judge have as their purpose to save the President of the High Court of Cassation and Justice of Romania into a file in which initially this was lost.
Abuses from Justice Romania proves once again that this country does not have independent institutions and citizens are led by force and pressure of some magistrates. Romania has not exceeded experience of communism.
Failure to respect fundamental rights by magistrates shows that the justice of the state is in fact a plot of land minefield.
THE CORRUPTION FROM THE ROMANIAN JUSTICE IS COVERED BY INSTITUTIONS
After 1989, the Romanian justice system has started to become a weapon for groups of interest from politics and the secret services of this country. These groups of interests have begun to recruit magistrates with the past compromised or magistrates with a poor experiences in the legal and judicial system. In exchange of the promotion and of lack of reaction to the abuses from the justice system , the magistrates, have started to act to the orders on which they started to receive them from these groups.
For the beginning , these magistrates which was recruited by different groups was placed to the leadership of the justice institutions.
THE PURPOSE ? In the case in which a person makes a complaint against the magistrate which investigating his case, the deprived person will not have a chance to obtain a favorable solution against the magistrate denounced. Because in Romania , any complaint with regard to the behavior of the magistrate from the file, is solved by the Chief Prosecutor. ( which is his colleague ) and a complaint against a judge is solved by the President Institution or by IJ (Judicial Inspection ) or CSM (The Superior Council of Magistracy). This group of interests to create the impression of a truly independent judiciary, has created institutions to use them in personal interest: The Superior Council of Magistracy and Judicial Inspection.
In these institutions they infiltrated in proportions of 90% (a majority vote) magistrates which can be always blackmailed by their own past. And if a citizen of this country who is disadvantaged by ” the power” of a magistrate and who dares to defend his right, making complaints against the abuse committed by a magistrate, this citizen will be “defended ” by these institutions ” which are protected by the system” and the system will issue formal addresses by which he will says ” Was not found any abuse, everything is legal “
HOW FAR ? The Justice of Romania is led by these system, which was absorbed by diferent groups from the lowest clerk to higher institutions. UNTIL? It cannot be predicted. These groups of interests in the long term, has transformed the systemromanian justice system in a black hole. Opinion polls show that almost 10% of the population this country benefit from a fair trial and transparent manner. CHANCES ? None . The system is so tightly controlled that the citizens of this country have had more chances at a fair and transparent trail , now 50 years.
RISKS ? Huge. By the decisions compromising , the Courts of Romania are producing a judicial practice wrong and abusive. The following processes will have the same solutions as the previous processes. The same procedural actions shall be resolved in agreement with the previous solutions. The justice of this country is an concentration camp like an Auschwitz , that destroys anything with regard to fundamental human rights, a fair and transparent process, a independent justice or other fundamental rights.