Pentru că am văzut cum a fost pusă problema, …

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Pentru că am văzut cum a fost pusă problema, ieri, la Bruxelles, am luat decizia de a redacta o Scrisoare Deschisă referitoare la adevărata față a Sistemului de Justiție din România. Am expediat acum câteva clipe această Scrisoare către toți europarlamentarii de la Bruxelles. Redau aici textul Scrisorii Deschise:

Would you, as A HUMAN BEING…

(An open-letter regarding the real situation of the Romanian Judicial System)

If a mother (imprisoned for having stolen a toy for the anniversary of her only child) would be informed that her boy drowned in a pool and that he is in a coma would you, AS A HUMAN BEING, allow her to visit her child in the hospital? Well, in Romania, the penitentiary did not allow her… If, after two weeks, she would be informed that her kid just died, would you, AS A HUMAN BEING, allow her to stay beside her child during the funerals? Well, in Romania, she was not allowed… Only after the local and central press talked about the case, the penitentiary gave her a limited permission.

If a woman (handcuffed at 5 a.m. by the special intervention units wearing masks although she didn’t pose any social danger) would be taken out of the van and informed that her husband just died from a heart attack (after suffering a big shock seeing his wife handcuffed), would you, AS A HUMAN BEING, allow her to go back home? Well, in Romania, they just informed her and then continued their van journey…

… Would you, AS A HUMAN BEING, place a pregnant woman (8 months) into custody (for a 5 years old corruption case), BUT not place into custody a violent habitual criminal who nearly killed a journalist? Well, in Romania, they did it… The universal principle of the best interest of the child was not taken into consideration, although the pregnant woman could have been put into house arrest.
*It should also be noted that we are talking here of preventive measures and not of a final sentence. The obsession for prime-time exposed handcuffed people (who should still benefit from the presumption of innocence) has nothing to do with a sober and fair justice. The humiliation in front of the media, the numerous cases of evidence leaked to the newspapers and broadcasters to discredit defendants in advance of their trials – these are all parts of the main puzzle. In Romania, placing people into custody stopped being the exception many years ago. It is now the omnipresent rule of a repressive system that has been ably wrapped in shiny paper.

… Would you, AS A HUMAN BEING, ask for the removal from office of a prosecutor who proposed a prison punishment basing his indictment on the sole probe of a falsified transcript of a phone call? Well, in Romania, nobody fired the prosecutor, although the lawyers have identified no less than 1,000 such alterations in interceptions…

… Would you, AS A MANAGER, accept an annual report that speaks triumphantly only of the great results omitting all the errors and horrible abuses of which the press have been talking about for months? Well, in Romania, the Attorney General and the Chief-Prosecutor of the National Anticorruption Directorate have never reported ANYTHING wrong regarding their own activity, or the activity of the institutions they manage.

Recently, 8 judges of the Constitutional Court decided that the National Anticorruption Directorate severely violated the Constitution and the principle of separation of powers guaranteed by Article 1 (4) of the Constitution, because the Public Ministry has not only exceeded its tasks under the Constitution and the law, but also arrogated powers and duties that belong to the legislature or to the Constitutional Court. Given this, would you, AS A CITIZEN, respect the Decision or consider that the 8 judges should be ARRESTED? Well, in Romania, one of the most emblematic supporters of the National Anticorruption Directorate just said in prime-time that the 8 judges of the Constitutional Court SHOULD BE ARRESTED…

After the decision published by the Constitutional Court, would you, AS A RESPONSIBLE MANAGER, fire or rather promote the prosecutor that took the case and (as the Constitutional Court judges state) severely violated the Constitution and the principle of separation of powers? Well, in Romania, the National Anticorruption Directorate promoted the prosecutor, immediately after the Constitutional Court judges motivated their Decision…

If the president of the High Court of Cassation and Justice (judges) would say that she is the “reliable PARTNER” of the National Anticorruption Directorate (prosecutors), would you, AS A SIMPLE CITIZEN, have trust in the judicial system of your country? Well, in Romania, this is exactly what happened. The chief-judge clearly specified that she is the reliable partner of one of the parts in a criminal-law trial: the prosecutors…

If your country would be condemned by the European Court of Human Rights for a trial during which the judge violated the right to a fair defense, would you, AS A DECISION MAKER, promote that judge and appoint her as a judge in the Constitutional Court? Yes, I think you have already guessed what happened in Romania – the judge was promoted… And, a very interesting information – she is the former president of the High Court of Cassation and Justice (judges) that said that she is the “reliable PARTNER” of the National Anticorruption Directorate (prosecutors). Even more interesting, she is the only judge of the Constitutional Court who voted against the Decision regarding the way the National Anticorruption Directorate severely violated the Constitution and the principle of separation of powers. An interesting chain of coincidences, isn’t it?…

…BUT that’s not all! There was also the „RARINCA case” – maybe the most EMBLEMATIC case showing the real face of the Romanian Judicial System. Mariana Rarinca was jailed by the National Anticorruption Directorate on charges of an attempt to blackmail the… president of the High Court of Cassation and Justice (who had said that she is the “reliable PARTNER” of the National Anticorruption Directorate prosecutors). Mariana Rarinca stayed for 6 months in prison as a… “preventive measure”. Her guilty verdict was then overturned on appeal in May 2015. But, for the first (and last) time in history, the National Anticorruption Directorate demanded a revision of the final judgment. As a result, Rarinca was effectively re-tried in September 2015 and the guilty verdict was re-imposed along with a suspended sentence! Furthermore, the two appeal court judges who ruled in Rarinca’s favor were later placed under investigation upon the request of the National Anticorruption Directorate! …Ms. Rarinca had only asked for her money back. But she is just a simple citizen who had to fight against the colossal POWER of the ably marketed “Justice GODS” who are always backing one another (although one is a judge and the other – a prosecutor).

If your Attorney General would say that the people of your country have a “precarious culture” and that this makes them “easily manipulated by certain TV stations”, would you, AS A CITIZEN, consider that he should resign? Violating the press freedom and offending millions of citizens are definitely NOT elements of a normal behavior, especially in the case of the Attorney General…

If the central TV stations would reveal numerous abuses committed by prosecutors directly subordinated to the Attorney General, would you, AS A CITIZEN, accept this kind of reaction: “I am perfectly relaxed!”…?

… The day we give in the fight for human rights is the day we lose the fundamentals of our humanity!

All the cases exposed in this letter are real. Should you have any queries or require any further information please do not hesitate to contact me. I wrote this letter so that you can have all the elements of the puzzle. All these cases and many more alike are the reason why the trust in the Romanian Judicial System has dramatically dropped during the last 5 years. Given this cases and the recent violation of the Constitution and of the principle of separation of powers, the current Minister of Justice conducts an evaluation of the Attorney General and the Chief-Prosecutor of the National Anticorruption Directorate. He had been a Constitutional Court judge for 10 years and he is also the Romanian expert for the Venice Commission.

Also, the Motivation of the Constitutional Court’s Decision can be found here (in ENGLISH): https://www.ccr.ro/files/products/Decision_68_2017_ENG.pdf

I thank you for the consideration given to this letter and remain at your disposal should you want to discuss this further.

Best regards,
Liviu Pleșoianu
Social Democratic Party MP
Chamber of Deputies – Romania

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