RSS
CSM: public debate on DNA might damage the act of making Justice
Chair of the Superior Council of Magistrates (CSM) Simona Marcu stated on Wednesday that she is "further voicing her deep concern" on the possibility that the publicly debated situation regarding the activity of the National Anticorruption Directorate (DNA) compromise the authority of the judicial bodies, and, implicitly, undermine the act of making Justice.
"Taking into account the intensely promoted and publicly debated topics regarding the DNA activity, as Chair of the CSM, I further voice my deep concern regarding the possibility that this situation compromise the authority of judicial bodies and, implicitly, undermine the act of making Justice," the CSM head stated.
In this context, Simona Marcu requested to the judicial authority institutions to speed up the procedures in order to restore the citizens' confidence in the act of justice.
"The citizen's confidence in justice is built, and the responsibility, mainly, rests with the state through all the actors of the judicial authority sphere. The mass media institutions have a major role in generally informing and rising awareness of possible functional problems, but their clarification rests with the state institutions that are authorised to establish, decide and take the legal measures, according to their jurisdiction. In this context, the CSM Chairperson requests to all institutions of the judicial authority sphere, within the legal limits which ensure the objectivity of procedures, by observing the rights of all persons in question, to speed up these procedures, in order to restore the citizens' confidence in the act of justice and in the bodies authorised to accomplish it or in those that have been called to guard them, according to the law, over the way it is carried out," the CSM chief stated.
Simona Marcu underscored the important role that the Public Ministry, the DNA and the Judicial Inspection have under these circumstances.
"We express our confidence that the professionalism of those in charge to take action under these circumstances can make up for the current media pressure. The CSM ensures the public opinion that it is in able to manage and decide, within the mechanisms stipulated by the law, in all the hypotheses that might result from the speedy running of the procedures by the judicial authorities, which the Council's decision-making response depends on," the CSM head also said.
The representatives of the civil society elected members in the Superior Council of Magistracy (CSM) have taken note with great concern of the lack of reaction of the competent authorities towards the disclosure in the media concerning the serious corruption deeds of the judicial positions and duties regarding the forged processes case, reads a release sent on Tuesday by Romeu Chelariu and Victor Alistar.
"The disclosure in the media regarding the presentation of forged evidence by the magistrates prosecutors and their acceptance by the magistrates judges without judicious investigation on the basis of the principle of forthrightness and without observing the principle of evidence loyalty, shapes the most serious impairment to the rule of law and to the magistrates' constitutional obligations, with the serious harm of independence of the judicial system as a whole," the signatories of the release affirm.
According to them, the independence of justice "does not represent a personal benefit of a judge's career, but a guarantee of the litigant in front of an impartial and independent court and that he/she is subject to some judicial procedures, with all the guarantees of the rule of law, organised within the framework of a constitutional democracy," and "any state of affairs contrary to this purpose of the justice act represents the destruction of the justice system."
The representatives of the civil society request that the Judicial Inspection, for the independence of justice to be guaranteed, "agree institutionally within its legal competencies incumbent upon it" on the following priorities: to speed up the definition of thematic objectives for background checks that would approach on a mandatory basis the observance of legal requirements regarding the management and assessment of the evidence, the situation of referrals and complaints left unattended concerning misconduct in justice; the urgent development of a diagnosis with regard to the vulnerability to corruption of the legal duties through the data collection from courts and Public prosecutor's Offices and through the questioning of the interested parties (lawyers, experts, justice seekers, other relevant categories).
Moreover, they request the Justice Minister to fulfill "the duties in his constitutional frame" regarding the exercise of authority towards the structure of the Public Ministry in relation to the defence and observance of the citizens' fundamental rights and liberties, constitutionally guaranteed, and also to the lawful organisation and conduct of its activity.
They also call for the Prosecutor General of the Prosecutor's Office with the High Court of Cassation and Justice "to take responsibility for the state of affairs, given that prosecutors exercise their activity according to the principle of hierarchical control and subordination."
Romeu Chelariu and Victor Alistar consider that "the most serious blow given to the independence of justice would be the cover-up of this serious corruption of the legal duties as well as the lack of certain measures to correct the system, this case not being the only one in the Romanian justice" and request authorities "to show respect toward citizens and the role of the institutions they lead."
The Prosecutor's Office attached to the High Court of Cassation and Justice (PICCJ) announced on Tuesday that prosecutors with the Criminal Investigation and Forensics Section are conducting investigations in a case that arose following a complaint that was filed after the broadcast of some recordings from the National Anti-corruption Directorate (DNA) in Ploiesti.
Antena 3 private television station presented on 11 February several audio recordings presenting alleged talks of chief prosecutor of the DNA's Ploiesti Territorial Service Lucian Onea with former deputy Vlad Cosma, who was sent to court in a corruption case, regarding the forgery of some pieces of evidence of the case.