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Praise for #Romanian “crackdown” on corruption groundless
A respected human rights group has condemned the European Commission for praising a Romanian “crackdown” on corruption, saying the claim is groundless.
Human Rights Without Frontiers International (HRWF) says it is “apparent” that the ‘success’ rates of the National Anti-Corruption Directorate (DNA), Romania’s main anti-corruption agency “are not indicative of a successful anti-corruption campaign.”
Lea Perekrests, deputy director of the Brussels-based HRWF, told this website, “HRWF is critical of the Commission for its praise, because they fail to look beyond the numbers – to see exactly how the DNA is achieving such high records.”
Romania’s anti-corruption fight, led by the DNA, has seen record numbers of arrests, charges and convictions
The European Commission, via its “Cooperation and Verification Mechanism”, has praised the high numbers of arrests, despite what HRWF says are “well-documented concerns about irregularities” involved in the clampdown.
The CVM serves to assist Romania to make progress with the rule of law through judicial reform and combating corruption and the Commission’s recently-published progress report of 2017 conveys overall praise specifically for the DNA.
It says, “The impressive track records of all the National Anti-Corruption Directorate (DNA) and the High Court of Cassation of Justice should be safeguarded.”
A major new report by HRWF, an independent body, on human rights in Romania states, “Supporting this rhetoric in January, the President of the European Commission, Jean-Claude Juncker remarked, “The rule of law made remarkable progress in Romania and it is not acceptable or foreseen that the rule of law achieved so far can go backwards. I have full confidence in the Romanian justice system.”
The DNA an independent judicial structure has boasted a 50% increase in indictments in the past five years, a conviction rate of 92% and what HRWF calls a “ruthless crackdown on corruption across the board.”
The Commission report says these statistics are “a sign of the independence and professionalism of the judicial institutions.”
Since the appointment of Laura Codruƫa Kӧvesi as its chief prosecutor, the DNA has achieved more asset freezes, arrests and convictions than any other counterpart agency in the EU.
Since 2006, the DNA has sent over 70 Romanian MPs to trial, one of the most high profile cases being that of the former prime minister, Victor Ponta, who was accused of forgery, money-laundering and tax evasion in September 2015.
The HRWF report, published this week, says the DNA has “infamously” indicted deputies, senators, mayors, directors of public institutions, and other officials over the past year.
The campaign group says the recent emergence of tapes allegedly showing two DNA prosecutors faking evidence and blackmailing witnesses illustrates the failings, not success, of Romania’s anti-corruption efforts.
Earlier this year, two tapes were released in the media showing DNA prosecutors faking evidence and documents, planting evidence in people’s cars and homes, changing witness declarations, faking official records, and blackmailing witnesses.
Perekrests said this case in particular highlights the “seriousness” of the situation and “reveals the scale of the corruption.”
The 18-page HRWF report goes on, “While the DNA and European Union deem the creation of organizations and the conviction statistics as trophies in the fight against corruption, HRWF has uncovered a series of concerns regarding the tactics used to achieve such numbers.
What has now become apparent is that the DNA’s praised ‘success’ rates are not indicative of a successful anti-corruption campaign.”
HRWF points to a ruling, in February 2016 by Romania’s Constitutional Court, that the use of SRI phone-tapping evidence by the DNA is unconstitutional, even with a warrant. One month later, the Romanian government issued an emergency ordinance reversing the ruling. Several former officials from Romania have since questioned the practices of the DNA and SRI –the country’s intelligence service.
Further evidence of deteriorating judicial standards, according to HRWF, came in late February when Tudorel Toader, Romania’s justice minister, presented a 36-page critical report on the activities of Laura Codruta Kӧvesi, the most senior of four DNA prosecutors.
HRWF says, “For the anti-corruption chief prosecutor to be questioned regarding corruption, authenticity, and meddling in trials should alone be a red flag in Romania.”
Others, including the National Union of the Romanian Judges, have also raised similar concerns and asked the state institutions to the involvement of the SRI in the judiciary.
Concern has also been voiced at alleged mis- use by the Romanian authorities of the European Arrest Warrant, an important tool in combating serious cross-border crime.
Several MEPs, including UK Socialist Claude Moraes, who chairs the civil liberties committee, have tried to alert the European Commission about the “unwilling complicity in an unfair trial” in which EU member states “might dangerously be involved” if they automatically follow up a request by Romania of handing over an alleged criminal.
In a parliamentary question Moraes asked the Commission about extradition requests how it plans “to implement safeguards to prevent abuses of the EAW system”.
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