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Human Rights in Romania: Systematic Violations & the Anti-Corruption Efforts

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Human Rights in Romania: Systematic Violations & the Anti-Corruption Efforts Human Rights in Romania: Systematic violations & the anti-corruption efforts │March 2018 │ │HUMAN RIGHTS WITHOUT FRONTIERS│ Over the past two years, Human Rights Without Frontiers International (HRWF) has paid particular attention to the Romanian judicial system and prison conditions. From our investigations, it has become clear that there are a number of serious systemic problems throughout Romania regarding the judicial system. In addition to these institutional issues, HRWF has found widespread human rights violations in investigative tactics, trial proceedings, and detention centers. Such conditions carry on their backs the overarching issue of European Arrest Warrants issued by Romania. Romania’s Legal Obligations As a member of the United Nations, European Council, and the European Union, Romania has signed and ratified a number of regulations regarding the rule of law and prison conditions.1 Together, the international regulations Romania has signed provide a strong framework for the protection of fair trials and rights of those imprisoned in the country. For Romania not to comply, should be considered as a breach of international law. In addition to these international regulations, Romania has constitutional guarantees that mirror respect for the rule of law, fair trials, and humane prison conditions and treatment.2 While in theory, these laws adequately provide rights for those who face trial and/or detention in Romania, in practice it has been reported that the country rarely meets these standards. Romania’s Anti-corruption: Behind the numbers The guarantee of a fair trial is rooted in the health of the judicial system of a nation. In Romania, the interference in the work of the judiciary by powerful external powers is a chronic disease that has expanded unabated. In particular, the activities of the National Anti-Corruption Directorate (DNA) and the national intelligence service (SRI) has displayed signs of severe corruption and meddling in the judicial system. The DNA’s Anti-corruption Fight Created in 2002, the National Anti-Corruption Directorate (DNA) has been tasked with investigating and prosecuting mid- and high-level3 corruption-related offenses that cause 1 Including: United Nations Universal Declaration of Human Rights; United Nations International Covenant on Civil and Political Rights; United Nations Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment; United Nations Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment; United Nations Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power; The United Nations Standard Minimum Rules for the Treatment of Prisoners; The United Nations Basic Principles for the Treatment of Prisoners; The United Nations Body of Principles on Detention;The Tokyo Rules; The Beijing Rules; The Riyadh Guidelines; The Bangkok Rules; Code of Conduct for Law Enforcement Officials; Istanbul Protocol; The European Council Convention for the protection of Human Rights and Fundamental Freedoms; The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; The Charter of Fundamental Rights of the European Union; Council Regulation (EC) No 1236/2005. 2 Romania’s Constitution of 1991 with Amendments through 2003. Constitute Project. Web Accessed: ​ https://www.constituteproject.org/constitution/Romania_2003.pdf?lang=en 3 Mid- and high-level corruption is when the value of the bribe or advantages exceeds 10,000, if the prejudice caused exceeds 200,000, or if the corruption offenses are committed by people with important positions. http://www.pna.ro/about_us.xhtml ​ 1 │HUMAN RIGHTS WITHOUT FRONTIERS│ material damage to the Romanian state. Offenses covered range from taking and giving bribes, receiving of undue advantages, money laundering, fraud, abuse of office, etc. The DNA is an independent judicial structure that falls under the control of the Prosecutor’s Office and is attached to the High Court of Cassation and Justice. 4 Laura Codruƫa Kӧvesi is the current chief prosecutor of the DNA. She was appointed in 2013 by the Parliament on recommendation of the Minister of Justice. In 2016, Minister of Justice Raluca Prună, proposed a second mandate for Kӧvesi. 5 The DNA has boasted a 50% increase in indictments in the past five years, a conviction rate of 92% and a ruthless crackdown on corruption across the board. Since Kӧvesi’s appointment, the DNA has achieved more asset freezes, arrests, and convictions than any other counterpart agency in the EU. 6 Since 2006, the DNA has sent over seventy members of parliament to trial.7 One of the most high profile cases was the former prime minister, Victor Ponta, who was accused of forgery, money-laundering and tax evasion in September 2015. The DNA has infamously indicted deputies, senators, mayors, directors of public institutions, and other officials over the past year. 8 The European Commission’s CVM In 2007, the European Commission created a special mechanism to monitor Bulgaria and Romania’s judicial systems and anti-corruption efforts. The Cooperation and Verification Mechanism (CVM) serves to assist Romania to make progress with the rule of law through judicial reform and combating corruption. The CVM works to measure progress in addressing a series of benchmarks that were created in 2007. The CVM mandate is to continue until all benchmarks have been met and are deemed irreversible. The benchmarks for Romania are as follows: 1. Ensure a more transparent, and efficient judicial process notably by enhancing the capacity and accountability of the Superior Council of Magistracy. Report and monitor the impact of the new civil and penal procedures codes. 2. Establish, as foreseen, an integrity agency with responsibilities for verifying assets, incompatibilities and potential conflicts of interest, and for issuing mandatory decisions on the basis of which dissuasive sanctions can be taken. 4 Anti-Corruption Authorities. “Profiles: Romania.” 2012. https://www.acauthorities.org/country/ro ​ 5 Newsroom. “Laura Codruta Kovesi gets second mandate at the helm of Romania’s anti-corruption body”. Business Review EU. 07 April 2016. http://www.business-review.eu/news/laura-codruta-kovesi-gets-second-mandate-at-helm-of-romanias-anti-corruption-body-102894 6 Kassandra. “The Corruption of Romania’s Anti-corruption fight”. New Europe. 08 December 2017. ​ https://www.neweurope.eu/article/corruption-romanias-anti-corruption-fight/ 7 Ilie, Luiza. “Romanian minister calls for prosecutor's sacking, graft crackdown under threat”. Reuters. 22 February 2018. ​ https://www.reuters.com/article/us-romania-government/romanian-minister-calls-for-prosecutors-sacking-graft-crackdown-under-threat-idUSKC N1G62F2 8 Directia Nationala Anticoruptie. “Raport de activitate 2017”. http://www.pna.ro/obiect2.jsp;jsessionid=64a2205c44ecfc8a9cd7554a03f4?id=328 2 │HUMAN RIGHTS WITHOUT FRONTIERS│ 3. Building on progress already made, continue to conduct professional, non-partisan investigations into allegations of high level corruption 4. Take further measures to prevent and fight against corruption, in particular within the local government.9 To evaluate the progress of these benchmarks, the CVM reports are dependent on multiple sources. The primary source, as stated by the EC, is the Romanian government. Secondary sources include the EC Representation Office, Member State diplomatic missions, civil society organizations, associations and expert reports.10 The most recent progress report of 2017 conveys overall praise of the Romanian judicial system and specifically for the DNA, promoting that “The impressive track records of all the National Anti-Corruption Directorate (DNA) and the High Court of Cassation and Justice (HCCJ) should be safeguarded.” 11 Furthermore, the report regards these statistics as “a sign of the independence and professionalism of the judicial institutions.”12 The report also posits that Romania still needs many reforms in order to achieve all of the Commission’s recommendations. The criticisms revolve around: a lack of clear procedures for the appointing of candidates for prosecutorial leadership and deputies; a lack of transparency and predictability for the legislative process; and the slow application of some measures of the 2012-2015 National Anti-corruption strategy. However, overall the CVM report was in high praise of progress in Romania.13 Supporting this rhetoric in January 2018, 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.”14 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. Behind the statistics: Questionable tactics 9 European Commission. “Progress Report on the Cooperation and verification mechanism – procedural aspects”. MEMO 07/260. 27 June 2007. http://europa.eu/rapid/press-release_MEMO-07-260_en.htm 10 Ibid. 11 Council of the European Union, General Secretariat of the Council. Outcome of Proceedings. 12 December 2017. Conclusion
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