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Against Decriminalization and Pardon in Romania
In Romania, the center-left Grindeanu government, designated following the massive victory of the Social Democrats (PSD) in the December 11 general election, has not enjoyed its “100 days of grace.” In an unprecedented case in 25 years, two weeks since it took office, several thousand people staged furious protests against the government in Bucharest and other big cities. And not without reason: that morning, the government had tried to rush through two emergency decrees (with the power of law). The decrees had been prepared secretly, and their content had not been discussed in the recent electoral campaign, nor had it been submitted for public debate over the previous days, as is the normal procedure. However, their content was explosive: the decrees were meant to change articles of the Criminal Code and thereby, stage a wide-ranging pardon, on the one hand, and to decriminalize criminal deeds, on the other.
Jails in Romania are overcrowded and detention conditions are bad. Even so, the possibility would have stirred emotion and controversies anywhere in the world for criminals sentenced to up to five years in jail to be freed on the spot while others, whatever the crime committed, to see their sentence halved if they exceeded the age of 60 of if they had children aged up to five in their care (the clemency would have extended also to murderers, rapists, pedophiles, robbers, to those jailed for corruption and to the members of organized crime groups). The way in which the decree of amnesty is formulated seems to actually serve the interests of people sentenced for serious crimes, such as those related to corruption, office crimes, crimes against justice and electoral fraud. Indeed, the nearly 3,000 convicts which would have been released as a result of the two decrees include a number of several tens or hundreds of so called “luxury” convicts: important politicians, former ministers, former MPs, mayors, extremely rich businessmen, media moguls – all sentenced to jail for corruption or for crimes assimilated to corruption. Many others have criminal files and have been deferred to justice. The Chairman of the Chamber of Deputies, who is also the chairman of the Social Democratic Party (PSD), Mr.Liviu Dragnea, the ‘strongman” behind the current government, has a suspended sentence of two years in jail for fraud in the 2012 referendum and he is barred by law to become Prime Minister, a title he aspires to. The fact that the decree is with “dedication” clearly results from the fact that the pardon extends to suspended sentences.
The other decree, which amends provisions of the Criminal Code and of the Criminal Procedure Code decriminalizes deeds which are almost exclusively linked to dignitaries and state officials. If the “abuse of office” were decriminalized through a skilful reformulation, the pending lawsuits and investigations in which the latter are involved would stop, and they would be seen as innocent. Moreover, conditioning criminal investigations linked to abuse of office on prior complaints virtually makes it impossible to investigate abuse of office against public interests because, in this case, it is the defendants themselves who should request the prosecutors to investigate their conduct, and the introduction of a value ceiling of around 50,000 euro would decriminalize abuses below that ceiling.
Consequently, the prevailing opinion is that the decrees have not been drafted for the sake of several thousand “ordinary” convicts. The real reason was to free from jail or exonerate the crimes allegedly committed by a true political-financial mafia, which has been jailed or is about to be imprisoned. And which also risks to see its wealth confiscated.
For more than 10 years, anti-corruption has been a priority drive in Romania: the reports of the European Union (MCV) have rightly praised the increasing efficiency of the Anti-Corruption Department (DNA), and significant steps towards the independence of justice taken by judges, by the High Court of Justice, by the Supreme Magistrates Council (CSM) have also been acknowledged. We should also mention that justice has generally proved its political impartiality: people close to former President Basescu (his brother, for instance), as well as people now in power or belonging to parties in power have been prosecuted on criminal charges and in many cases, convicted. The common threat against a trans-party caste has brought together against justice former sworn enemies, yet it has increased the popularity of the DNA and its chief, Laura Codruta Kövesi. On the other hand, the anti-corruption fight enjoys support from the President of the Republic, Mr.Klaus Iohannis, of some opposition parties, the EU, most of the magistrates in Romania, many NGOs and public personalities. However, the parliamentary majority belongs at the moment to the enemies of justice, elected on the back of a populist economic program, which, as we have said, does not say a word about pardon and decriminalization.
The implementation of the two decrees would deal a deadly blow to the fight against corruption. The Romanian State would be completely at the mercy of mafia-type groups, which are morally illegitimate, even if they have been legitimated through vote, who adopt laws for their personal and group interest, being ready to demolish the still fragile structures of the rule of law, in order to save their illicit wealth, and to escape jail or the restriction of other rights, imposed through legal justice rulings.
For the time being, the two decrees have not been issued, thanks to a daring (but perfectly constitutional) last-minute action of President Iohannis, which has blocked them. Now they are public and have already been severely criticized by the General Prosecutor, the Anti-Corruption Chief Prosecutor, by the Higher Magistrates’ Council (CSM), the organizations of prosecutors and judges, the independent media, by many NGOs. We also hope that the European Commission will soon blame them. Further massive protests have been announced over the coming days. Indeed, the threat is not gone: the Grindeanu government can adopt them anytime – even with some minor adjustments, to make believe it is making concessions. And once published, the decrees will immediately produce their disastrous effect, reversing the course of justice over the past decade; moreover, they will dash any hope for the rule of law in Romania for another generation.
Signatories: members of the Group for Social Dialogue (GDS) - Gabriel Liiceanu, Magda Cârneci, Andrei Oișteanu, Andrei Cornea, Andreea Pora, Vlad Alexandrescu, Monica Macovei, Sorin Ioniță, Laura Ștefan, Vladimir Tismăneanu, Brîndușa Armanca, Rodica Culcer, Radu Bercea, Ion Vianu,Victor Bârsan, Eugen Ciurtin, Sorin Alexandrescu, Eugen Vasiliu, Daniel Cristea-Enache, Vlad Zografi, Smaranda Vultur, Stere Gulea, Mircea Dumitru, Rodica Palade, Dan Grigore, Raluca Alexandrescu, Alexandru Lăzescu, Radu Filipescu, Smaranda Enache, Cristian Preda, Livius Ciocârlie, Mariana Celac, Horea Murgu.