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September 30, 2022
JUSTICEPOLITICS

Justice Ministry has published the reports of the Committees on the SIPA archive

 *More than RON 127,000, operational funds unspent at the date of dissolving SIPA

 

On Friday evening, Justice Ministry has published the reports of the Committees on the SIPA archive, and according to a minute since April, 2008, drafted at the headquarters of the National Penitentiary Administration (ANP) during Tudor Chiuariu’s mandate, a metallic cabinet containing the amount of RON 127,876, representing operational funds unspent at the date of dissolving SIPA was unsealed.

The minute regarding the unsealing of the cabinet was signed by Horia Georgescu, Iulia Scantei, Marius Iosif and Alexandru Serban.

On May 31, 2007, a committee established by the order of the former JusMin Catalin Predoiu concluded that the first Committee established by Monica Macovei had the only purpose to make the inventory of the SIPA archive. The Committee completed the inventory at the end of 2006.

The conclusions of this report show that the purpose of the first committee, consisting of Judge Cristi Danilet and Prosecutor Paul Dumitriu, was to analyze and establish the destination of the documents belonging to the former DGPA and stored at the ANP headquarters. “The Committee didn’t issued a report on the destination of the operational archive, to be forwarded to the Justice Ministry. Such a report couldn’t have been made by only two people” reads the report submitted to Catalin Predoiu.

A new committee was established on May 31, 2007, consisting of judges and prosecutors delegated to the Justice Ministry. They went 17 times to the ANP headquarters, where the SIPA archive was stored. In April, 2008, the committee mentioned in a report that the members of the committee established by the former Minister Monica Macovei in February, 2005, picked up documents from the operational archive of the Classified Information Service belonging to the Justice Ministry, not from the SIPA archive, and they handed them over to the Minister.

Following this report, the Committee members recommended that the competent bodies should e notified and all of the documents in the SIPA archive should be subject to an inventory.

Another report on the activity of the Verification Committee established in September, 2007, mentions that the former Minister Monica Macovei asked the Presidential Adviser Sergiu Medar to issue an order in CSAT to redistribute the amount of RON 127,876 representing operational funds unspent at the date of dissolving SIPA. This thing happened and on January 19, 2007, the Head of the Classified Information Office of the Justice Ministry handed over the entire amount of money to the ANP Head, Bogdan Alexandru.

The Committee members also mention in the report that they haven’t identified financial and accounting documents related to the SIPA operational expenses; Florian Ungur, former head of the Classified Information Office, stated that “SIPA hasn’t spent funds for operational expenses since 31.06.2006”, when the service was dissolved.

“In terms of management, during the mandate of the former Justice Minister Monica Macovei, the managerial responsibility on how the SIPA operational funds are managed belongs to the SIPA management”, also reads the report signed by Horia Georgescu, laura Scantei and Iosif Marius.

 

GD on the SIPA archive was published in the Official journal. The Inventory Committee will be able to hand over information to the judicial bodies, at their justified request

 

Government’s Decision on the archive of the former General Protection and Anticorruption Directorate (DGPA or SIPA) was published on Friday evening in the Official Journal; one of the GD’s articles enables the committee for the inventory and handing over the documents to the National Penitentiary Administration to hand over information to the judicial bodies, if they provide reasons for their request within judicial proceedings.

According to the Decision, the Committee for the SIPA archive will have the following attributions: to make the inventory of the archive; to make proposals for classifying, declassifying the documents or to move them to another classifying of secrecy level, as well as to destroy them; to hand over the files of the ANP employees to the National Penitentiary Administration; to hand over the documents having a historical value to the National Archive.

The Committee has five members: two members are appointed by the Justice Minister, two members are appointed by the Secretary General of the Government, and one member by the National Penitentiary Administration. There will also be an alternate member for each member of the Committee. The secretariat of the Committee will be provided by two persons: one of them is proposed by the Justice Ministry, and the other one by the SGG (General Secretariat of the Government – e.n.). The full members, the alternate members and the secretaries have to hold an ORNISS certificate. The above mentioned institutions will have to make them proposals within five days since the GD will come into force.

The Committee is legally met if the majority of its members are present, and the decisions are taken by majority vote. In the three years since its establishment, in which the Committee members will have to complete the archive’s inventory, the documents’ custody will be provided by ANP. The Committee will have to issue half-year activity reports, the summary of which will be published on the Justice Ministry’s website. The final report will be approved by the Government, and after its approval, the Committee will be dissolved no later than three years since it was established.

Article 4 of the normative act expressly forbids archive information to be provided to individuals or legal entities without attributions related to investigating the archive. “The Committee can provide information contained by the documents of the former DGPA archive if there are ongoing legal proceedings, at the justified request of the legal bodies”, according to the 2nd paragraph of the same article.

After five months since the actual commencement of the Committee’s activity, the interested people will be able to see the documents directly related to them, to their private life. At the end of the Committee’s activity, after the three years provided by the GD, the documents related to the private life will be destroyed.

The documents that are secret work can be declassified to be consulted by the persons to which they refer, and they will also be destroyed after three years, excepting those having historical or practical value, which will be sent to the National Archives. If the Committee members have reasonable suspicions related to criminal deeds, they can notify the prosecutors.

The GD adopted on May 29 provides that the two reports issued by the committees that worked in the archive in 2008 and the annex of one of the reports, will also have to be declassified: “We will declassify the reports and the annex of one of them. The question is why we haven’t include all of those who visited the archive at the time when we published the list referring to them, and why we said that the number of the people who visited the archive was higher than 22. This is because many names are in the reports that are still secret, and we weren’t allowed to reveal them, since we didn’t have a Government Decision”, JusMin Tudorel Toader stated.

 

 

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