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Bucharest
February 26, 2021
POLITICS

ICCJ overrules Mazare’ request to remove legal restrictions

The High Court of Cassation and Justice (ICCJ) overruled the request filed by Mayor Radu Mazare to remove legal restrictions on the case he is charged of having received EUR 175,000 from Avraham Morgenstern so that the latter would won the auction on the contract stipulating building social residences in the “Henri Coanda” neighbourhood in Constanta”.
“The Court overrules the request filed by defendant Mazare Radu Stefan to remove the preventive measure of legal construction ordered by closure no. 337 of April 9, 2014, pronounced by the Criminal Section of the High Court of Cassation and Justice on File no. 1513 / 2014, the decision issued on Tuesday by the High Court of Cassation and Justice shows.
Therefore, Mayor Radu Mazare must continue fulfilling all conditions imposed by the measure of legal restrictions and respectively to appear at the prosecutors’ office, at the preliminary chamber judge or in Court whenever he is summoned; to notify authorities if he changes his residence and not to leave the country.
Radu Mazare’s request was initially scheduled for examination on Monday, but ICCJ established a new deadline, on Tuesday, after Magistrate Rodica Cosma, whom the file was assigned to, abstained from judging, claiming that she had initially overruled the request of DNA prosecutors that the Mayor of Constanta be arrested in the file he was tried for bribe-taking for building social residences in the “Henri Coanda” neighbourhood. Therefore, the file was randomly assigned to another judge, who issued a decision on Tuesday.
The Mayor declared on Monday, at the entrance to the ICCJ headquarters, that he intended to sue the Romanian state and to demand damage for the manner investigators have “buried him” using “beyond legal limits” documents they requested from the authorities of Liechtenstein.
In the request of suspension of legal restrictions, published by Mediafax, Mazare’s lawyers pointed out that the Romanian prosecutors had committed errors in applying the rogatory commission and, under these circumstance, the Ministry of Justice in Liechtenstein have notified their counterparts in Romania. The lawyers claimed that DNA prosecutors have used papers related to Elan Schwartzenberg as proof, despite of the “imperative conditions” imposed by magistrates in Liechtenstein.
According to defence lawyers, this situation is “unprecedented”, given the facts that “all data related to Radu Mazare is legally invalid, due to the incontestable fact that Romanian prosecutors have violated the imperative conditions imposed by judges in Liechtenstein regarding the use of documents related to Elan Schwartzenberg in the present file”.
“The Romanian prosecutors also extended the legal pursuit against Radu Mazare for other deeds that were not mentioned initially at the demand of the rogatory commission, ‘forgetting to ask permission of judges in Liechtenstein in order to use these documents in case a change of legal considerations of the deeds appears’. (…) Although they had the chance to do it, Romanian prosecutors failed to demand further rogatory commissions so that the judge in Liechtenstein would approve the use of documents”, the lawyers also mentioned in the request.
In the same document submitted to ICCJ, the approach of prosecutors is described by the lawyers as “an abusive attempt of public humiliation” of Radu Mazare.
“By studying papers that belong to the companies of Mr. Elan Schwartzenberg, they also performed a serious violation of personal and patrimonial rights (for companies and physical persons) regarding legally performed financial operations”, the lawyers of the Mayor also explained.
On the other hand, the demand shows that there are no suggestions that Mazare would have any intention to escape legal pursuit by leaving the country, especially as he recently had another corruption file and rigorously attended all terms stipulated by the Bucharest Appeal Court. In the same context, the lawyers mentioned that, given Mazare’s position as a Mayor, he must be in the country for the greater part of the year, except for his vacation times.
Moreover, the request filed to the High Court includes a complaint that, in five months since Radu Mazare was put under restrictive measure, “no legal pursuit was initiated and especially no legal pursuit” that would involve Mazare’s presence.
In the file of “Henri Coanda” social residences, the Mayor of Constanta is accused by DNA prosecutors of having been bribed EUR 175,000 by businessman Avraham Morgenstern so that the latter would win the auction for building the residences. Mazare was also accused of having omitted to mention in his declaration of wealth of 2012 the private account he opened at the Bank of Israel, where he received EUR 95,000 from Elan Schwarzenberg in September 2011.

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