INTELLIGENCE JUSTICE POLITICS

Bill stipulating the declassification of the CSAT Decision, which underlay the protocols concluded with SRI, forwarded to promulgation. The evidence administered on its basis is a reason for the revision of the sentences

Deputies’ Chamber adopted on Wednesday the law stipulating the declassification of the Decision no.17/2005 of the Supreme Council for National Defense (CSAT), and providing that the sentences in which “evidence” was administered “by special technical means” during the existence of the documents issued under the decision on which the law refers are subject to revision.

The draft law was adopted with 174 pros, 92 cons and 4 abstentions.

The Deputies’ Chamber is the decisional body in this case.

During the plenary debates, the Opposition claimed that the ruling parties want to reopen certain cases; the deputies of the Liberal National Party (PNL), Save Romania Union (USR) and People’s Movement Party (PMP) were warned that Romania has become a police state, just as before 1989.

“The father of the protocols is Tariceanu. In 2005, he signed as Prime Minister the Decision 231 regulating the national strategy for the fight against corruption, which was clearly establishing in the Annex 2, items 4 and 5, the obligation to conclude such protocols between the Romanian Intelligence Service (SRI), The National Anticorruption Directorate (DNA), the High Court of Cassation and Justice (ICCJ), and the other institutions involved in the fight against corruption, since it was appreciated that this is a matter of smooth collaboration between institutions, without meaning that this was in addition to the law. The lawfulness of some protocols is not decided in a party meeting, but only by a judge. You are planning to reopen all the cases since 2005 until the entry into force of this law”, stated the USR MP Stelian Ion in the plenary session.

He added that USR will challenge the law to CCR if it will be adopted. PNL MP Gabriel Andronache said the Liberals will oppose to the draft law, and PMP MP Marius Pascan also stated that his party will not vote for the law.

In reply, UDMR MP Marton Arpad said he is back in the same police system of which he hoped he will get rid in 1989, with illegal interceptions and with the interference of the secret services in judiciary.

“I have lived for 35 years in a police state, in which the Securitate was listening everybody, and the Securitate guys were picking you up and judges were condemning you as those guys wanted. On the morning of December 22, 1989, around 9.00 AM, when I got out in the street, I got out hoping we’ll have a different kind of state. But I slowly realized that I am back in the same system of which I was hoping to get rid. It’s much sadder that there are young people in this country who think that this way of acting of the secret services that are judging instead of judges, who are illegally listening everybody, while judiciary is acting based on protocols, is normal. We do not agree with such a system, because this is not justice, from our point of view”, he stated.

PSD MP Mircea Draghici, one of the initiators of the draft law, asked the Opposition why they are afraid of declassifying the protocols.

“The protocols added to the law, that’s why we are declassifying them, to see their content. Remember the history report mentioning over 300 joint operative teams that worked to do justice? Why are you afraid to see these protocols? Why do you fear? Let’s see them! No one, not an issuer made any step to declassify them. What should we, the Parliament, do? Should we be indifferent to the political police, while 500,000 citizens were affected?”, Draghici stated in the plenary session.

The deputy of the Alliance of Liberals and Democrats (ALDE), Marian Cucsa, also claimed the large number of interceptions. “I wouldn’t like to tell to my children about the practices of these times, we are the country in which 6 million people are listened”, he said.

The draft law on the declassification of certain documents provides the possibility of those who consider themselves prejudiced by the consequences of the documents concluded according to the CSAT Decision no.17/2005 to address to the competent courts, in order to establish that their fundamental rights and freedoms have been violated and to repair the suffered prejudice.

“Art.1 – (1) By way of derogation from the provisions of Art.24 of the Law no.182/20902 on the protection of the classified information, as subsequently amended and supplemented, the Decision no.17/2005 of the Supreme Council of National Defense on the fight against corruption, fraud and money laundering is declassified, together with all the documents containing classified information relied upon or concluded according with or based on the Decision no.17/2005 of the Supreme Council of National Defense on the fight against corruption, fraud and money laundering”, the law provides.

“The law also states that starting with the date of its entry into force, all these documents “are declassified by the law, without being required any other procedure”, and “the legal consequences of these documents cease”. Furthermore, all the information included in these documents becomes information of public interest starting on the date of the entry into force of the law.

Also, the law provides the declassification, starting on the date of its entry into force, of all the cooperation plans made by the National Anticorruption Directorate and the Romanian Intelligence Service according to Art.15 from the Cooperation Protocol no.003064 since February 4, 2009, concluded between the Prosecutor’s Office attached to the High Court of Cassation and Justice and the Romanian Intelligence Service in order to accomplish their duties in the national security field, as well as of all the protocols and/or  collaboration and cooperation agreements concluded between the institutions of the Romanian state, the Romanian Intelligence Service, the National Anticorruption Directorate, the Directorate for Investigating Organized Crime and Terrorism, the Superior Council of Magistracy, and the Prosecutor’s Office attached to the High Court of Cassation and Justice.

“People who consider themselves prejudiced, in any legitimate right or interest, by the consequences caused by the documents mentioned in Art.1, have the possibility to address, within 3 years since the entry into force of this law, to the competent courts, in order to establish the violation of their fundamental rights and freedoms and the remedy of the prejudice they suffered. The causes in which final decisions were delivered and evidence was administered by special technical means during the existence of the documents mentioned in Art.1, until the date of the entry into force of this law, are subject to revision. The jurisdiction belongs to the first court that judged the merits of the cause”, the draft law also provides.

Also, “people working within the Romanian Intelligence Service and those working in all the issuing institutions, who provide the Standing Joint Committee of the Deputies’ Chamber and Senate for the Parliamentary Control of the Romanian Intelligence Service’s Activity with documents and statements relied upon the Decision no.17/2005 of the Supreme Council for National Defense, will not be subject to the criminal, disciplinary, administrative or financial liability for the actions carried on to this end”.

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