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February 27, 2021

JI report on DNA audit, approved with observations by CSM’s Section for Prosecutors: DNA leadership’s activity is efficient. Another audit at DNA, in six months’ time

On Tuesday, the Supreme Magistracy Council’s (CSM) Section for Prosecutors approved, with observations, the Judicial Inspection’s report on the audit it carried out at the National Anticorruption Directorate (DNA), concluding that the DNA leadership’s activity is efficient, according to CSM sources. Likewise, it was established that another audit will be carried out at the DNA in six months’ time, for the problems discovered at DNA’s Section II to be resolved.

According to CSM sources, at the end of deliberations the Section for Prosecutors approved, with observations, the Judicial Inspection’s audit report on the activity of the DNA leadership. The observations concern the distinct conclusions of the judicial inspectors, also partly admitting the objections brought by the DNA, considered pertinent. Aspects that form the object of the Judicial Inspection referring the matter to itself regarding potential infractions of discipline were nevertheless excluded, and the observations of the Inspection’s leadership, which should have harmonised the report, were rejected.

The conclusion of the Section for Prosecutors is that the DNA’s managerial activity was efficient, the sources added.

Likewise, the CSM’s Section for Prosecutors also formulated a series of proposals to clarify the aspects insufficiently analysed in the report.

Thus, within six months since the date on which the report was approved, another audit will be ordered within the DNA’s Section II, in order to remedy the deficiencies noted, namely to verify the situation of cases older than one year since the date of the first notification, and the situation of the cases that were initially allocated to prosecutors Mihaela Iorga and Doru Tulus. Likewise, it should be verified whether in the closed cases the persons were notified that they had been under surveillance.

The Section for Prosecutors also ordered the verification of information regarding the note that Laura Codruta Kovesi presented at her hearing before CSM prosecutors, in order to see whether the goal pursued was to analyse the DNA leadership’s management or certain dossiers. A verification into the leaked information according to which dossiers dating back from 2004 were also analysed, not just the 2016-2017 dossiers that should have been verified, was also ordered.

Also within six months’ time, an audit will be conducted within the DNA’s judiciary section, audit whose strict objective would be a detailed analysis of the situation of final acquittals ruled in 2016-2017, in relation to the date on which the court of first instance was notified and the moment on which the final solution was ruled.

Justice Minister Tudorel Toader had stated that he is puzzled as to why three members of the Judicial Inspection’s audit team reached one conclusion, while the other three reached a different and completely opposite conclusion, adding that this situation will give him “the liberty to tip the scales” and that he will take a decision in a month and a half at most. He had also stated that the Judicial Inspection’s report is but one element he will consider in his assessment of the DNA leadership and that he will announce a decision in a month and a half at most.

The Judicial Inspection sent its report to the CSM on October 5. On October 13, DNA Chief Prosecutor Laura Codruta Kovesi presented her point of view on the document. Likewise, Elena Radescu, the head of the audit team, was heard by the CSM’s Section for Prosecutors ahead of Laura Codruta Kovesi, and the Deputy Chief Inspector of the Judicial Inspection Gheorghe Stan was heard on October 16.




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