Investigative body with General Prosecutor’s Office, to be dismantled
The Romanian Government has approved the draft law on the dismantling of the Section for the Investigation of Offences in the Justice System.
Corina Cristea, 19.02.2021, 14:00
Set up in 2018 by the Social Democratic government, the Section for the Investigation of Offences in the Justice System is to be dismantled. Since its setting up, it has sparked numerous controversies and the Government’s decision to dissolve it is in line with the recommendations of European and international institutions. The investigative section set up by the Social Democrats, was largely seen as being aimed at protecting PSD members who had problems with the law and at exerting political control over magistrates.
The most controversial action of the Section for the Investigation of Offenses in the Justice System was to place under judicial control the former anti-corruption chief, Laura Codruta Kovesi, who had brought to justice corrupted high-level officials and magistrates. Kovesi was placed under judicial control during negotiations for the appointment of the European Chief Prosecutor, a position which Kovesi eventually took. At the time, Kovesi was prevented from leaving the country and from talking to the media, restrictions which she challenged at the High Court. The ruling was in her favor and charges were considered ungrounded.
According to the Public Ministry’s 2019 activity report, the Section for the Investigation of Crimes in the Justice System has only finalized two indictments out of 417 cases, some 415 cases have been closed and no corruption case has been sent to Court. The current Justice Minister, Stelian Ion, says the results of this investigative body are shameful and dismantling it is the natural thing to do. Stelian Ion: ”Justice does not begin and does not end with the Section for the Investigation of Offenses in the Justice System. There are many other problems to solve, but this one has been assumed under the governing program, through a memorandum that includes a number of steps, aimed at having the Cooperation and Verification Mechanism lifted. European bodies such as the Group of States against Corruption, the Venice Commission and the European Commission have all said in their CVM reports that the setting up of this Section was a step back for Romania.”
A former Justice Minister, Robert Cazanciuc with the Social Democratic Party (PSD), currently in opposition, has criticized the dismantling of the Section for the Investigation of Offenses in the Justice System, which he sees as political interference in the activity of justice, given that the initiative received a negative answer from the Higher Council of Magistracy. However, Minister Stelian Ion points out, when consulted over the proposal of setting up the investigative body, the Higher Council of Magistracy was firmly against it. The Justice Minister also said that a return to how things were before the Section’s setting up is needed, and that the cases involving magistrates will be returned to the relevant units of the Prosecutor’s Offices. Thus, cases related to organized crime will go to the Directorate for the Investigation of Organized Crime and Terrorism, corruption cases will go to the Anti-Corruption Directorate and all other cases will go to the Prosecutor’s Offices with the Courts of Appeal and the General Prosecutor’s Office. (EE)
