The minister's request has opened conflict between the most important Justice officials and also between politicians. Daniel Morar, head of the DNA, and Laura Codruta Kovesi, a general attorney of Romania, stood by the prosecutor at stake, just like some politicians such as Traian Basescu, Emil Boc and Monica Macovei (formerly a Justice minister). The DNA head was very critical of minister Chiuariu, accusing the latter without fetching any evidence of having asked him to put an end to some cases and inform him about the significant cases in progress. The Justice minister denied it, in his turn accusing Morar of lie. The CSM has reached no decision yet.
But Chiuariu's action is as legal as possible. According to Law 303/ 2004 on magistrates' status, a normative document modified by Monica Macovei herself, the appointing and revoking of prosecutors in superior structures is up to the President of Romania, depending on the Justice minister's recommendation and on the consultative consent of the CSM.
Yesterday morning the CSM received the Justice minister's request that prosecutor Tulus should be revoked. The ground of it, briefly mentioned, was inefficiency in the fight against corruption. The CSM decided to approach it in the same day and the CSM vice president Dan Nicolae Chiujdea phoned the DNA head. The latter reached the CSM building one hour later, together with his spokeswoman and Doru Tulus himself. In case you don't know, the latter is Morar's protegee, provided with job in Bucharest by the DNA head himself.
The CSM vice president mentioned the minister's demand that the talk on it should be secret to prevent some "unwise statement" from harming Romania's image, which journalists were displeased with. The CSM members decided by voting that the session would be public. Romania's general attorney Laura Codruta Kovesi was intrigued that she hadn't been informed about the intention to revoke the prosecutor and demanded minister Chiuariu to mention if he had checked on the prosecutor's managerial skills, as requested by the law. Minister Chiuariu replied there had been no such checks, arguing that in the law there were settled no norms on checks in case of requesting revocation. Chiuariu invoked inefficiency in high level corruption, mentioning that in 2003-2007 no such corruption case had ended up with court sentence. He pleaded that prosecutors should show more professionalism so that judges would no longer have to return or close cases because of lacking evidence. (...)
DNA head accuses minister of interference
Minister Chiuariu told journalists yesterday that he decided to revoke the prosecutor after having talked to the EU Justice Commissioner Franco Frattini in Brussels, who had asked for real results.
The minister opined no more cases would reach the DNA, since the latter institution had been working on the same cases for years, without completing them.
Morar came in front of journalists right afterwards and he made a hot statement. The DNA head accused the Justice minister of interfering in his activity. He recounted the minister had phoned him to ask for a list of the most important cases the DNA working on and demand him not to unveil certain corruption cases this month. Morar commented: "I explained to him that I might not demand prosecutors to stop the cases and that it was interference." When journalists asked him about witnesses or recording to prove it, Morar avoided an answer.
After learning about such accusations and getting phone calls from journalists, the minister returned to the CSM building and denied Morar's words: "This is truly a lie. I have never talked to Morar about cases, I have never interfered in a case. We just agreed on the phone that he was to announce me when the DNA unveiled a case before informing the press. Morar is twisting the truth!" He also mentioned having asked the DNA head to refrain from any act that might be interpreted politically, such a participation at TV talk shows. He commented: "Macovei said she was independent, but nowadays she is participating at all the demonstrations supporting Traian Basescu. "
CSM asks DNA head for evidence
The CSM informed the press yesterday about Morar's "verbal" accusations against the Justice minister, uttered during the session not attended by journalists. The CSM vice president announced that the DNA official was to put down his approach so that the CSM inspectors would check on accusations.
Transparency International wants the case analyzed
According to Transparency International-Romania, the revocation of a magistrate may not be debated on unless there was an analysis of the respective prosecutor or a discussion with him. In the press release authored by the organization, there is mentioned that Transparency International is demanding Nicolae Vacaroiu, an interim President of Romania, not to sign the decree revoking the prosecutors, since the Justice Minister's proposal and the approach of the CSM are "ungrounded".
The CSM is asked for a point of view on it on grounds of an analysis provided by the initiator of the revocation. The organization is also demanding the Justice minister to prove transparency and unveil his reasons for such a proposal.
Razvan SAVALIUC