“During the last five years, the NDA has gotten on trial more than 68 dignitaries/high-ranking officials: 14 ministers and ex-ministers and 53 members of Parliament. Of these, 27 dignitaries have already been found guilty. The rest of the cases are still in progress. During the same term, the NDA has taken measures to insure more than 2.3 billiard dollars. (...) There have been repeated attempts to limit the efficiency of our investigations through modifying anticorruption laws in order to limit the means at the disposal of anticorruption prosecutors or to not lift the immunity of politicians accused of crimes of corruption. The whole justice system has faced attacks through fake news or public statements meant to weaken confidence in justice.”

The statement above belongs to the Chief Prosecutor of the National Direction for Anticorruption, Laura Codruta Kovesi, and was made on May 23 2018 in the context of the conference hosted by the United Nations which celebrated 15 years since the Convention of the United Nations against Corruption (UNCAC), attended by representatives of institutions which fight against corruption from the 182 member states.

The speech given by Laura Kovesi at the event was also published on the NDA site – but not in its entirety, because a statement made by Kovesi was missing something which, we think, was extremely important and edifying when it comes to being aware of what the National Direction of Anticorruption does.

To be more exact, when bragging about the number of dignitaries sent to trial – prime-ministers, ministers, ex-ministers, future ministers – Laura Kovesi stated that of the total number of those sent to trial, about half were found guilty, while “the rest of the cases are still in progress”.

Well, it’s that claim that wasn’t included in the speech posted on the NDA site – perhaps because it was obvious it would be challenged publicly. That’s because, in the spree of bragging shown in front of the UN officials, Laura Kovesi forgot to mention that out of “the cases which are still in progress”, most have reached verdicts of acquittal, some of them even final, while other cases have been closed by the NDA prosecutors.

We’d previously noticed that in speeches which Laura Kovesi makes at events or during interviews, where she’s always saying the same things, she fragrantly omits mentioning NDA’s acquittals and closed cases – though it’s obvious to everyone that they’re more and more a part of the life of prosecutors led by Kovesi. And because Laura Kovesi didn’t show UN officials what the NDA’s achievements are and how the cases of the anticorruption prosecutors have been dismissed in court, one by one every two days, Lumeajustitiei.ro has added up the acquittals, but also cases dropped by the National Direction of Anticorruption since the beginning of 2018 to day.

After a first count, just from cases about which Lumeajustitiei.ro has written since the beginning of this year and up to now (January 1 2018 – May 24 2018) – some more or less famous – we came up with 78 acquittals and 12 cases closed by the National Direction of Anticorruption. It’s very likely that those numbers are even higher!

This pursuit was motivated by the desire to make public the real facts about the NDA’s activity, facts that show the huge number of those destroyed by the NDA through being paraded around in handcuffs, taken into preventive arrest, put under house arrest, with assets put under judicial review, brought to poverty, eliminated from their professional lives and even from public life.

Not all of the names we’re listing below are the dignitaries about which brags the smiling Laura Kovesi. Some of these are magistrates, lawyers, doctors, or simple business administrators who were unlucky enough to be included in the same case file as some politician only to be acquitted years later, after inquests and trials.

We’re curious to find out if the list below will be filed by Laura Kovesi and others as Fake News, or if it will be seen as an attack from the press against the NDA with the goal to “weaken confidence in justice”.

Read and shiver!

NDA acquittals since January 1 2018 up to May 22 2018:

- Vasile Ichim and Ion Burcea, representatives of a family business – acquitted by the Tribunal of Constanta for forgery, instigation to forgery, European funds fraud, and so on – “no cause of action” – (file sent to trial by NDA Constanta);

- President of Senate Calin Popescu Tariceanu – acquitted by ICCJ for false testimony – “no cause of action” – (indictment signed by the Chief Prosecutor of NDA – ST Brasov, Cornel David Deca);

- former Chief of Traffic Police, Chief Commissioner Lucian Dinita – acquitted by the Tribunal of Bucharest for influence peddling – “no cause of action” – (indictment signed by prosecutor Daniela Lupu of NDA Pitesti);

- Five teachers: Stefania Madalina Mocanu, Constantin Ciprian Mandeanu, Veronice Picus, Petrica Plopeanu, and Carmen Lacramioara Aldea, accused of abuse of office, acquitted by the Tribunal of Braila – “actions not punished by penal law, or not committed under circumstances of guilt as seen by the law”;

- former CCR judge, Toni Grebla – acquitted by ICCJ for taking a bribe – “no cause of action” and “actions not punished by penal law, or not committed under circumstances of guilt as seen by the law” – (indictment signed by NDA prosecutors Marius Vartic and Doru Tulus);

- Ion Bircina, Mihai Prundianu, Grecu Gheorghe – acquitted by ICCJ in the case of Toni Grabla;

- former Prime-Minister of Romania, Victor Ponta – acquitted by ICCJ for forgery by private signature, being complicit to tax evasion and money laundering – (indictment signed by NDA prosecutor Jean Uncheselu);

- former Minister of Transportations, Dan Sova – acquitted by ICCJ for tax evasion, money laundering, forgery, and being complicit to abuse of office – (indictment signed by NDA prosecutor Jean Uncheselu);

- Ciurel Laurentiu Dan, Graure Laurentiu Octavian – acquitted by ICCJ in the Ponta-Sova case;

- former Minister of Justice, Tudor Chiuariu – acquitted by ICCJ for accusations of constituting a criminal organization, influence peddling, and money laundering – (indictment sighed by NDA prosecutor Iulian Nica);

- Ioan Gheorge Varga, Daniel Constanting Calugar, Iulian Darlan, Adam Craciunescu – acquitted in the case of Tudor Chiuariu;

- Secretary of Babadag’s Mayor’s Office, Otilia Bobocea – acquitted by the Court of Appeal Constanta for European funds fraud – “no cause of action”, “actions not committed under circumstances of guilt as seen by the law”;

- Colonel Irinel Mihalcea, from the Military Direction of Counterintelligence and Security – acquitted by the Court of Appeal Suceava for favoring the defendant and facilitating being complicit to use of information not meant for the public – “actions not punished by penal law” – (indictment made by Captain Tiberiu Cozma and confirmed by the Chief of NDA Station I, Gheorge Popovici);

- Lieutenant Nastase Ciprian Ionut and Ceapa Cristian Gabriel – acquitted by the Court of Appeal Suceava in the case of Col. Irinel Mihalcea;

- Judge Gabriela Birsan, ICCJ Judge, former President of the High Court’s Legal Department – acquitted by ICCJ – (indictment signed by prosecutor Lucian Papici and confirmed by Danut Volintiru)

- Former Chief of ICCJ’s Penal Department Anton Pandrea, ICCJ judge Iuliana Pusoiu, ICCJ judge Corina Corbu, lawyers Claudia Gherbovan Silinescu and Radu Gherbovan Silinescu – acquitted by ICCJ in the case of Birsan;

- President of the Bilateral Romania-Kuweit Chamber of Commerce, Tudorel Dobre – acquitted by the Court of Appeal Constanta for influence peddling – “no evidence that the defendant committed the crime” – (indictment signed by NDA prosecutor Andrei Bodean);

- Razvan Iordan, former counselor of former Mayor of Sector I of Bucharest Andrei Chiliman, and of Dan Toma, former deputy of the Direction of Inspection from the Mayor’s Office of Sector I Bucharest – acquitted by the Tribunal of Bucharest for taking bribes – “there is no evidence that the person committed the crime” – (case sent to court by NDA Ploiesti);

- Former manager of St. Apostol Andrei Hospital in Constanta, Danut Capatana – acquitted by the Court of Appeal Constanta for abuse of office – “actions not punished by penal law, or not committed under circumstances of guilt as seen by the law” – (case sent to court by NDA Constanta);

- Five public service staffers from the St. Apostol Andrei Hospital in Constanta: Cristea Micu Renato, Androne Violeta, Antohi Gheorghe, Gherghina Carmela Endora, Furnica Marioara, and an employee of a commercial enterprise, Stanculescu Mihai Corneliu – acquitted by the Court of Appeal Constanta in the case against former manager of the hospital;

- Former Chief of Police Inspectorate of Suceava, Ioan Nicusor Todirut – acquitted by ICCJ for abusing office – “actions not committed under circumstances of guilt as seen by the law”;

- Teodorovici Alexa Dumitru, Bujorean Constantin, Licurici Gheorghe, and Muntean Mihai Sorin – acquitted by ICCJ in the case of former Chief of Police Inspectorate of Suceava Ioan Nicusor Todirut;

- Three frontier police officers: Chief Commissioner Ionut Damian, Chief of Frontier Traffic Control at the Territorial Frontier Police Inspectorate of Giurgiu, Chief Commissioner Simion Costel, and police officer Ovidiu Cotoi from the Frontier Police Department of Calafat – acquitted by the Court of Appeal Craiova for taking bribe, influence peddling, and abuse of office – “no evidence that the defendant committed the crime”, “no cause of action” – (case sent to court by NDA Craiova);

- Former Parliament member, Mugural Surupaceanu – acquitted by the Tribunal of Gorj for instigation to being complicit to abusing office – “actions not punished by penal law” – (indictment signed by former Chief of NDA Craiova Marin Calusaru and confirmed by former Chief of NDA’s Section II Claudiu Dumitrescu);

- Former Secretary of State in the Ministry of Health, Alin Tucmeanu – acquitted by the Tribunal of Bucharest for being complicit to offering bribes – “no cause for action” – (indictment by NDA prosecutor Ana Dana and confirmed by the Chief of Section II of NDA at the time, prosecutor Claudiu Dumitrescu);

- Former Deputy of IPJ Suceava, Commissioner Ioan Crap – acquitted by the Tribunal of Suceava for crimes regarding European Funds – “actions not committed under circumstances of guilt as seen by the law” – (case sent to court by NDA Suceava);

- Nicusor Constantinescu, former President of CJ Constanta – acquitted irrevocably by the Court of Appeal Bucharest for 21 crimes of abuse of office and 3 crimes of being complicit to abuse of office – “actions not punished by penal law”;

- former General Director of Régie of Roads and Bridges Constanta, Adrian George Gambuteanu – acquitted irrevocably by the Court of Appeal Bucharest for abuse of office in the case of Nicusor Constantinescu;

- Former Director of ROMARM, Dan Tache – acquitted by the Court of Appeal Brasov for instigating to abuse of office – “actions not punished by penal law” – (case sent to court by NDA Brasov);

- Lawyer Radu Pricop, son-in-law of former President Traian Basescu – acquitted by the Court of Appeal Bucharest for being complicit to blackmail and instigating to forgery – “actions not punished by law”;

- Former Chief of Prosecutor’s Office of the Tribunal of Bihor, prosecutor Vasile Popa – acquitted by the Court of Appeal Timisoara for taking bribe in continued form, abusing office, favoring the defendant, and so on – “actions not punished by penal law or not committed under circumstances of guilt as seen by the law” or “no cause for action” – (indictment signed by NDA prosecutor Doru Tulus, to which also contributed NDA prosecutor Ciprian Man);

- Former Chief of Medical Examiner’s Office of Bihor, Mihalache Gabriel-Constantin – acquitted for collecting samples when through it an autopsy was compromised, and David Florian Alin, administrator of a firm – acquitted for influence peddling - decision emitted by the Court of Appeal Timisoara in the case made by prosecutor Vasile Popa;

- Judge Stefan Fieraru from the Court of Appeal Ploiesti – acquitted by the Court of Appeal Ploiesti for influence peddling – “no cause for action” – (indictment signed by former Chief Prosecutor of NDA Ploiesti, Lucian Onea);

- Dumitru Roman, former Mayor of the township of Dimitrie Cantemir – acquitted by the Court of Appeal Iasi for the crime of being complicit to use or presentation of forged documents or declarations, inexact/incomplete which resulted in obtaining unlawful funds from the general budget of the European Union or from administrative budgets by the defendant or in their name – “actions not punished by penal law or not committed under circumstances of guilt as seen by the law” – (case sent to court by NDA Iasi);

- Cojocaru Livia, Dumitrache Florin, Iordache Radu Constantin, Stoica Romeo, and Serban Corneliu – acquitted by the Court of Appeal Iasi in the file of Mayor Dumitru Roman;

- President of the National Liberal Party, Ludovic Orban – acquitted by ICCJ for using influence in order to gain unlawful benefits – “actions not punished by penal law” – (indictment signed by NDA prosecutor Claudia Rosu);

- Mayor of Tuzla, Resit Taner – acquitted by the Court of Appeal Constanta for blackmail – “no cause for action” – (case sent to court by NDA Constanta);

- Gabriel Socarici – acquitted by the Court of Appeal Bucharest for influence peddling and money laundering – “actions not punished by the penal law” – (case sent to trial by NDA Constanta);

- Mayor of Sacele, Nistor Radu Florea – acquitted by the Court of Appeal Brasov for instigating to abusing office – “actions not committed under circumstances of guilt as seen by the law” – (indictment by NDA Brasov);

- Let Valentin, Ispas Radu Petru, Ciurea Daniel, Cioaca Ovidiu Ciprian, Mircioiu Sebastian Adelin, Serban Victor, and Pricope Laurentiu – acquitted by the Court of Appeal Brasov in the case of the Mayor of Sacele, Nistor Radu Florea;

- former Vice-President of ANAF, Romeo Nicolae – acquitted by the Court of Appeal Ploiesti for influence peddling – “no evidence that the defendant committed the crime” – (indictment signed by prosecutor Mircea Negulescu from NDA Ploiesti).

Cases closed by NDA since January 1 2018 until May 22 2018:

- former Vice-President of Chamber of Deputies, Ioan Oltean – case closed on May 3 2018 by prosecutor Adrian Valentin Muntean from NDA Oradea, based on art. 16 alin. 1 lit. b. C.pr.pen., meaning “actions not punished by penal law”. The case was opened in May 2015 by prosecutor Ciprian Man.

- former Minister of Transportations, Ovidiu Silaghi – case closed on January 31 2018 by prosecutor Nicolae Marin from NDA based on art. 16 alin. 1 lit. a) of the Penal Code., meaning “no cause for action”. The case was opened in September 2013 by prosecutor Mihaela Iorga Moraru.

- former General Prosecutor of Romania, Tiberiu Nitu – case closed on May 2 2018 by the NDA based on the motivation that “in this case, the elements which constitute the crime of abusing office are no longer present”. The case was opened in January 2016 by NDA prosecutors Ioan Amariei and Marius Bulancea.

- Judges Mihaela Patraus, Mircea Puscas, and Traian Munteanu from the Court of Appeal Oradea – case closed on March 28 2018 by prosecutor Iuliana Crisan from the NDA, based on art. 16 alin. 1 lit. a) of the Penal Code., meaning “no cause for action”. The case was opened in November 2015 by prosecutor Adrian Valentin Muntean of NDA Oradea.

- Mihai Paunica, former General Director of the General Direction of Budget, Finances, Heritage, and Investments in the Ministry of Education, Gabriel Livia Ispas, former General Director of the General Direction of Juridical and Control in the Ministry of Education, Gabriel Leahu, former General Director at the General Direction of Logistics in the Ministry of Education – case closed on March 27 2018 by the NDA in the Mihnea Costoiu case, “considering the fact that the forensic rapport established that the signatures on the Additional Document to the location contract weren’t of the defendants”. The case was closed in October 2017.

- Former tennis player, Dinu Pescariu – case closed on March 27 2018 by the NDA because of the case of Mihnea Costoiu, “due to lack of evidence which would involve penal responsibility beyond any reasonable doubt”. The case was opened in October 2017.

- Former Director of CNADNR, Narcis Neaga – case closed on March 2 2018 based on art. 16 alin. 1 lit. b., meaning “actions not punished by penal law or not committed under circumstances of guilt”. The case was opened in December 2015.

- President of CJ Ilfov, Marian Petrache – case closed on January 9 2018 by NDA prosecutors because “there is no cause for action, since in this matter there was no evidence found that would establish a connection between benefits received by the defendant and certain actions or lack thereof”. The case was opened in February 2017.

Read DNA’s press release here:

“Chief Prosecutor of the NDA, Laura Codruta Kovesi, gave a speech at the UN (United Nations) as part of the high-level conference which marks the anniversary of 15 years since the Convention of the United Nations against Corruption (UNCAC) was adopted – also known as the Merida Convention.

Ladies and Gentlemen,

I’m honored to speak at this high-level anniversary event.

I’m the Chief Prosecutor of the National Direction of Anticorruption from Romania (NDA) – a prosecuting structure which has exclusive competence when it comes to investigating cases of high-level corruption.

The Convention of the United Nations against Corruption was ratified in Romania in 2004. At the time, corruption was a generalized phenomena and it was a systemic issue in Romania. Investigations of corruption only targeted low-profile cases.

But 15 years after ratifying the convention, things have changed radically in Romania: we’re actively fighting against corruption at the highest level in Romania and we’ve become an example on the matter in our area.

During the last 5 years, the NDA has sent to trial 68 dignitaries/officials of high rank: 14 ministers and ex-ministers, and 53 members of Parliament. Of them, 27 dignitaries have already been found guilty. During the same term, the NDA has disposed measures to insure more than 2.3 billion dollars.

How have these results been reached?

As far as I’m concerned, 3 important recommendations from the Convention have led to this radical change: efficient penal law, establishing a specialized prosecutorial structure, and a solid and independent justice system.

Romania’s anticorruption legislation has been modernized to match the Convention’s regulations.

All of the Convention’s mandatory measures regarding the incrimination of acts of corruption and most of the optional ones have been implemented in Romania’s legislation.

The NDA was created and a legal ability to investigate acts of high-level corruption has been established.

And last but not least, I will address the most important aspect of efficiently fighting against high-level corruption: that of the justice system’s integrity and independence.

Only a professional, independent, and integrity-centered system of justice can fight efficiently against corruption.

Independence of justice is not a privilege for prosecutors or judges. It’s a fundamental principle in a democratic society. Only independent justice can insure a fair trial. Only independent justice can make everyone equal in the face of the law.

Our investigations have been received with hope and trust by society. But our results have determined a counter-reaction, in equal measure.

There have been attempts to modify anticorruption legislation in order to limit the legislative means at the disposal of anticorruption prosecutors, or make certain facts non-criminal. There have been situations where lifting the immunity of some politicians, who were accused of crimes of corruption, was refused.

Aside those attempts, the whole justice system has faced attacks from fake news or public statements meant to weaken confidence in justice.

Romania’s greatest challenge now is to maintain the independence of judges and prosecutors and the legislative stability, these being essential for anticorruption prosecutors to be efficient.

So the recommendations of the UN Convention remain current and important.

Even if we come from different juridical systems, our issues regarding independence and efficiency in fighting corruption are the same.

I believe we must all think about how the recommendations made by the Convention of the United Nations against Corruption are followed in the signing states.

Thank you for your attention!”

*Cititi aici varianta in limba romana