Ex-President Traian Basescu recorded a victory in court on Tuesday in one of his legal cases. He will not be placed under investigation for the facts alleged by Ion Ciochina and Ioan Ghise, who claim he illegally resumed term in office after the 2012 referendum. The Court of Appeal declined the request that the investigation be resumed in the case that was closed by prosecutors in January. When he left the courtroom, Traian Basescu said he had performed his presidential term only based on Constitutional Court decisions.
‘Under Section 341 paragraph 6, letter a of the Code of Criminal Procedure, the Court rejects as ungrounded the claim filed by the plaintiff Ciochina Ion against the order number 253/d/p/2012 of 09/01/2015 of the Prosecutor’s Office of the High Court of Cassation and Justice – the Department for the Investigation of Organised Crime and Terrorism – the Central Structure. Under Section 275 paragraph 2 of the Code of Criminal Procedure, the Court orders the plaintiff to pay 100 lei representing judicial expenses incurred by the state. This decision is final’ reads the decision of the Bucharest Court of Appeal.
“I exercised my presidential term only under CC decisions”
Ex-President Traian Basescu came to the Bucharest Court of Appeal on Tuesday for the hearing of Ion Ciochina’s appeal against a prosecutors’ decision not to commence investigations into the case concerning the ex-president, whom he accused of illegally resuming his term after the 2012 referendum. After the hearing of the appeal, Traian Basescu said that the 2012 referendum had been invalidated by the Constitutional Court and noted that he had exercised his term as president only based on the CC decisions.
The Bucharest Court of Appeal closed the debates in the case where Ion Ciochina had challenged a decision of the prosecutors not to initiate investigations into the case concerning the former president whom they accused of illegally resuming his term after the 2012 referendum for his impeachment.
After being in the courtroom, Traian Basescu said that he had exercised his presidential term solely under Constitutional Court (CC) decisions both on the election and on the referendum.
The former president said that, from his point of view, he had never usurped official prerogatives nor had he ever broken a Parliament resolution, as Ion Ciochina and Ioan Ghise alleged, since, under the law, it is not for the Parliament to decide when a person may or may not exercise a presidential term.
‘Things that have nothing in common with the Constitution of Romania or the law are happening. This is a complaint that was originally made by Mr. Ghise and Mr. Ciochina for usurpation of official prerogatives and violation of the Constitution. I only acted as the president of Romania based on the decisions of the Constitutional Court. Nonetheless, the gentleman alleges I did not comply with the Parliament’s impeachment decision. The problem is that it is not for the Parliament to decide when a person may or may not be the president of Romania. If you remember, after the election, the Constitutional Court validates the election and, after the referendum, the Constitutional Court validates or invalidates the referendum. The referendum in the summer of 2012 was invalidated by the decision of the Constitutional Court where there is an express note that the president shall resume his activity’’, Traian Basescu also said.
Asked to comment on the complaint made before the Bucharest Court of Appeal by Ioan Ciochina, the ex-president said: ‘This is life, this is democracy’.
Initially, the case was opened by the prosecutors following a compliant filed by Ciochina and Ioan Ghise, who were accusing the ex-president of the fact that, after the 2012 referendum, he had illegally resumed his term. After investigating into the facts raised by the two, the prosecutors decided not to prosecute the suspect.
The decision was appealed against by Ciochina in Court, and the complaint over the fact that the suspect was not prosecuted and not sent to trial was registered with the Bucharest Court of Appeal on 10 July. Ciochina is asking the judges to annul the prosecutors’ decision and order a new investigation for usurpation of official prerogatives.