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CSM requires non-interference of politicians in judicial work

Judicial Inspectorate was notified by CSM regarding the allegations affecting the independence of the judiciary. Prosecutor ICCJ shows that electoral fraud is investigated.

CSM requires non-interference of politicians in judicial work

17 August 2012, 07:46

Representatives of the Prosecutor of the ICCJ(High Court of Cassation and Justice) said they were over 500 criminal cases on the referendum, and in these cases are not investigated people who voted and it is not checked how people voted, but possible election fraud are investigated .

Solid details were submitted in response to request of interim president, Crin Antonescu, so that the general prosecutor Laura Codruţa Kovesi to provide public explanations about the purpose, means and nature of research that prosecutors are "massively" doing in recent days regarding with the referendum.

"Through the research carried out in these criminal records are not checked how people voted and are not investigated those citizens who voted, but are investigated the possible election fraud," said the Public Ministry.

The institution requires to representatives of other powers "to refrain from statements that could be interpreted as pressure to the prosecutors."

President of the Superior Council expressed "deep concern" regarding the statements of Acting President Antonescu, who said Wednesday that prosecutors conducted several surveys among the population on July 29 referendum.

"CSM notes with deep concern the statements and allegations made by the interim presidency of Romania, on criminal investigations targeting aspects of the referendum election to suspend the Romanian president," it said in a statement of the Council.

According to the document, "Romanian prosecutors’ activity takes place, according to the Romanian Constitution, with the principles of legality, impartiality and hierarchical control."

"Prosecutors cannot be summoned and required to appear as witnesses before Parliamentary Committees, because, under the Constitution, are part of the judiciary power", it is specified within the notification issued by the CSM.

According to the institution, the management notified the Judicial Inspectorate to carry out checks to determine "the extent in which such claims violate the judicial independence, the independence of prosecutors in exercising their duties and the principle of separation of powers".

CSM leadership urged politicians not to interfere in the work of justice and to refrain "from any manifestation of nature to bring to the fundamentals of a democratic state."

Abuse of office "applies also to prosecutors'

PSD Deputy Bogdan Niculescu Duvăz said Thursday that the abuse of office applies also to prosecutors, including the Romanian Prosecutor General Laura Codruţa Kovesi.

He denounced in a press conference "the abuses that prosecution produced in the last days" on citizens who voted in the referendum for suspending the President Traian Băsescu.

"Prosecution acted in an absolutely unwarranted and outrageous way in a democratic system, with the intention to create on the one hand the impression that the vote was rigged and on the other hand to scare the people.

It is an outrageous act of using a power of state institutions that need to ensure the rule of law in political direct interest on Băsescu's dismissal. It is unprecedented and even at the collectivization of years ‘50s the prosecutors have not been using in this way by the power installed then with the Soviet tanks", said Duvăz.

According to him, such actions demonstrate "how independent is the judiciary that claims Băsescu."

Crin Antonescu asks for clarification to General Attorney of Romania

Wednesday, the interim president Antonescu asked to General Attorney of Romania, Laura Codruţa Kovesi, to give explanations about the "wave of mass surveys that Prosecutors General or DNA is carried out in many parts of the country, on a large number of people ".

He asked to General Attorney, to CSM President and to Minister of Justice to urgently communicate the "means, the purpose and the nature of research".

The Supreme Defence Council of the country coordinates activities that participate at maintaining the national security, said Antonescu.

The Acting President asked the President of CSM to convene a meeting in which to be clarified aspects of these investigations.

The National Anticorruption Department announced Tuesday that research are carried out regarding the organization and holding of referendum on July 29, but, given the early stage of investigations, it cannot provide the additional data.

USL mayor of the commune, Mircea Stan, told for Radio Romania Actualități that prosecutors have contacted the PDL deputy, who helped to make research among the locals.

Translated by Alexandra-Diana Mircea

MTTLC, Bucharest University

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