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Bucharest
January 17, 2022
EDITORIAL

The political cipher of the SRI-Judiciary scandal

Why this fuss over the last week around the scandal concerning SRI’s unconstitutional intervention in the management of evidence within the judiciary?

Who stands to gain from this whole story?

Quickly, point-by-point, let us take it logically, let us see, like every man who thinks for himself, seeing this whole hoopla, what could be the result of a first conclusion.

I wonder, as I believe you do too, what was the reason behind the start of the scandal one week ago for things to go as far as they did, or what had happened up until a week ago and we, regular citizens, are unable to see? In order for this political-media tsunami to start, brought to a critical mass by the emergency ordinance issued and urgently adopted at the extraordinary CSAT meeting on March 11. An ordinance which, in fact, is completely UNCONSTITUTIONAL, in line with Article 115, Paragraph 6 of the Romanian Constitution, which clearly stipulates that emergency ordinances cannot be issued on topics that concern national security and state structures etc. etc.

(Emergency ordinances cannot be adopted in the field of constitutional laws, or affect the status of fundamental institutions of the State, the rights, freedoms and duties stipulated in the Constitution, the electoral rights, and cannot establish steps for transferring assets to public property forcibly.)

I thought we had a technocratic Government, right? Namely aloof from politics.

Because the Government led by Victor Ponta, which preceded this Government, operated exclusively with ordinances.

I thought we have a President that should be impartial, unbiased and in line with the Constitution whose main guarantor he is, in full.

In addition, I thought politics should not touch in any form, not even tangentially, state institutions such as the Judiciary, least of all structures that concern state security and citizen’s security.

However, let us take a closer look. If politics is not the reason for this overture, what could it be?

Is there a danger that we, Romania’s citizens, do not know, but that is subtly affecting our lives, and, if this danger exists, what is its source?

Moreover, it is known that any state has these mandatory control and surveillance levers, which ensure, in a manner not seen by an unadvised person, the national security system and safety net. Likewise, it is known that information and its accuracy represents the key to a well-coordinated security system (and the key to power in the state).

If this is how things are, what is the sudden, overnight problem with the fact that the Judiciary can beneficially use evidence that only certain state structures can hold accurately and, most of all, in full conformity with the state’s law?

On the other hand, why this whole scandal and hysteria about intelligence services, intelligence services infiltrating key state domains, such as the Judiciary, as long as this collaboration exists more or less, always existed and, logically, will continue to exist in an amicable and tacit manner? Who stands to gain from this split? And what is the purpose it serves? Because, in a country like Romania, extremely affected by high-level corruption, in a country in which there were throughout time influence peddling, economic crime and criminality scandals that had international echo, directed by people who made huge fortunes no one knows how, and many other problems that unfortunately placed us over the last 27 years in an area of extremely low credibility and seriousness as a country, to come now and say that SRI’s intervention in the Judiciary’s act of gathering evidence represents an impiety or an act of socio-political destabilization is not only wrong but also very serious.

Fabulous amounts of taxpayers’ money are spent each year in order for these state structures to be able to be functional and brought up to modern and very viable standards in line with international ones.

Likewise, huge amounts of taxpayers’ money, and implicitly of state funds, are channelled toward the Justice Ministry. A ministry that, in my opinion, did not always justify its budget expenditures. In a positive way, I mean.

Now we deem fit to pay twice for the same thing. By deploying judicial police officers from one state structure to another state structure, also with the efforts of Romanian citizens, in a completely incoherent logic, just because officially we do not want SRI to be able to get involved in the judicial act.

On top of that, we are also planting another aberration in the new amendment to the Criminal Code and Criminal Procedure Code paragraphs, by saying that these judicial police officers who are part of a structure with extremely strict regulations and who, in line with the said regulations, have the sacred duty to hierarchically obey only the heads of those structures, are taken out from under this hierarchy and placed under the leadership of the prosecutor, who directly becomes the only authority they are obliged to answer to.

Who can believe this? Probably someone who does not know how a military system works.

Moreover. Another inexplicable and obviously out-of-place issue is the idea, circulated for some time now, of setting up the judicial police, as a distinct structure within the Romanian Police. Although judicial police divisions already exist both within the Police and within all Judiciary departments. What is this?

And, to move on from these aberrations and others I will no longer mention, being more than obvious and offensive to a minimum intelligence, to the one that was in fact the purpose of this Ordinance, we no longer need the SRI’s opinion and evidence, basically speaking, but we need its intelligence infrastructure and equipment.

Well, how about that?

And, from now on, the wiretappings scandal is on, on a daily basis. Even today, March 15, another piece of news in the wiretapping scandal, episode 1284. We keep hearing about undercover officers within the Judiciary, within the press, who knows where else, and about things that, I repeat, I do not know whom they serve. But I know very well that they are doing a lot of harm, in what concerns national security and stability.

And politics remains silent and mysterious in the midst of all this chaos.

Does it do that because the whole turmoil that erupted overnight concerns it directly?

In recent days, rumours had it that the political parties are throwing up big parties. And it’s understandable, right? Since if SRI is no longer handling evidence in legal cases, all the evidence administered becoming null and void, the prosecutors, having to start from scratch in all these cases deprived of the evidence brought so far, will probably need another 30 years to be able to prove at least some small cases from the mounds of existing cases. Mounds that, in the meantime, should grow exponentially.

And, after a while, I am absolutely convinced this scandal will reignite even more violently to the extent in which, this being an elections year (what irony, what coincidence! what fatality!), certain resounding names, eternal candidates on party lists and eternal winners of various positions within the state’s political hierarchies, will somehow, by mistake, be inconvenienced by being summoned to the Prosecutor’s Office or the DNA.

Again:

The officers intervened!

The Judiciary is full of intelligence service people that want to harm the innocent politicians!

The prosecutors are corrupt!

And on, and on, and on…

Consequently, the cases are left to hang for as long as the politicians’ terms last. Namely for a lifetime.

  1. What do we, Romanian citizens, stand to gain after all? Is my safety, the safety of my family, reflected in this story? What is my annoyance, my expenditures for, and for whom?

Because, from what I understand, both the SRI and the Justice Ministry are in the service of the citizen. NOT the political citizen. The citizen.

In addition, as a conclusion, I would suggest we should pay a little bit more attention to an aspect that very few people take seriously and put at the forefront in this whole story. Although this is where they should start from.

Namely, the fact that SRI as well as the judiciary’s divisions and structures are under parliamentary control! Control that is eminently political.

You draw your own conclusion.

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