The General Prosecutor’s Office sent a press release on Friday evening, with mentions related to the “Revolution Case”, given the statements according to which the authorization of the Romanian President wasn’t necessary. The General Prosecutor’s Office mentions that the opinion of the main law faculties in the country was asked, and their experts concluded “unequivocally” that “the National Salvation Front acted as a real Government”. In this context, the head of state’s approval was asked in order to start the criminal prosecution, since he is the only one entitled to authorize the criminal prosecution of the former members of the Romanian Government.
“In order to clarify the legal nature of the National Salvation Front Council (CFSN) and the legal nature of the documents issued by this body, the opinions of the main law faculties in the country (Cluj-Napoca, Bucharest and Iasi) were asked. These higher education institutions concluded unequivocally that ‘although the legal framework for the functioning of CFSN was definitively outlined on December 12, 1989, by the Law-Decree no.2, from the factual point of view CFSN acted from December 22 to 27, 1989, as a real Government, invested by the people’s support at that time’” reads the release.
The General Prosecutor’s Office mentions that according to the Constitution, only the Romanian President has the right to authorize the criminal prosecution against the former members of the Romanian Government.
“Although the deeds that form the object of the case were committed before the adoption of the Romanian Constitution of 1991 (reviewed in 2003) and before the entry into force of the Law no.115/1999 on the ministerial responsibility, which regulates the proceedings to be followed in case of the criminal responsibility of the members of the Government, and considering that the procedural norms have to be strictly construed and immediately applied, the judicial procedure of notifying the Romania President in order to request the approval of the criminal prosecution of a former member of the Government is applicable also in this case” reads the press release.
According to the document, by the Decision no. 93 since June 16, 1999, the Constitutional Court decided that regarding the mandate of the member of the Government, the Constitution didn’t established the immunity, but another protective measure, namely conditioning the right to request its criminal prosecution for the deeds committed in the exercise of the office.
“This measure which protects the public interest also subsists after the mandate of the member of the Government ends, so it is obvious that in relation to the offenses committed in the exercise of the office, criminal prosecution of the former members of the Government must observe the same procedural norms” according to the representatives of the General Prosecutor’s Office.
They say that the Constitutional Court of Romania decided that “the exoneration of the former members of the Government from the special, derogatory procedure provided for the members of the Government according to a random criterion established according to the moment of starting the procedure during the mandate of after it ends, is a breach of the principle of equal treatment provided by Art.16 para. 1 of the Constitution”.
Also, the High Court of Cassation and Justice – the Criminal Section, by the decision no.818 since December 17, 2007, issued in the file no.7202/2007, decided that the special procedure provided by the Law no. 115/1999 wasn’t accomplished in relation to a former Minister of Interior, although he was sent to judgement for deeds committed in the exercise of his office, in 1990.
The representatives of the Institute of the Romanian Revolution of December 1989 stated on Friday that “the Romanian President was exposed to mockery, since there is no reason for him to approve the criminal prosecution request of the General prosecutor” and that “the Revolution cannot be investigated by prosecutors”, since it is “an arbitrary, violent action that overthrows an existing legal order”.
On Friday, President Klaus Iohannis sent the criminal prosecution request related to Ion Iliescu, Petre Roman and Gelu Voican Voiculescu in the case of the Revolution of 1989 to the Justice Minister.
On April 2, General Prosecutor Augustin Lazar sent a request to the President Klaus Iohannis, asking him to approve starting the criminal prosecution for crimes against humanity, related to the former President Ion Iliescu, the former PM Petre Roman and the former Vice PM Gelu Voican Voiculescu, in the Revolution case.