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End of Democracy? 3 • 2016 End of Democracy? Special Report on Democratisation in Romania current events at cejiss.org © cejiss 2016 cejiss acts as a forum for advanced exploration of international and security studies. It is the mission of cejiss to provide its readers with valuable resources regarding the current state of inter- national and European relations and security. To that end, cejiss pledges to publish articles of only the highest calibre and make them freely available to scholars and interested members of the public in both printed and electronic forms. editor in chief Mitchell Belfer executive editor David Erkomaishvili managing director of submissions Kateřina Bartošová associate editors Imad El-Anis, Jean Crombois, Bryan Groves, Jason Whiteley Muhammad Atif Khan book reviews editor Adisa Avdić web and support Jay Nemec (Web Design and Support) Simona Bartovicova (Web Support) language editing Emily Darrell editorial board Javaid Rehman, Ibrahim A. El-Hussari, Efraim Inbar Tanya Narozhna, Michal Romancov, Marat Terterov, Yuliya Zabyelina Natalia Piskunova, Gary M. Kelly, Kyle Atwell, Ladislav Cabada, Harald Haelterman Nik Hynek, Petr Just, Karel B. Müller, Suresh Nanwani, Tomas Pezl, Milada Polisenska Victor Shadurski, Nicole Gallina, Nelli Babayan, Salvador Santino F. Regilme, Jr. Mils Hills, Marek Neuman, Fikret Čaušević, Francesco Giumelli, Benjamin Tallis Adriel Kasonta, Takashi Hosoda, Prem Mahadevan, Jack Sharples, Michal Kolmaš Vügar İmanbeyli Central European Journal of International & Security Studies C/o Metropolitan University Prague Dubečská 900/10, 100 31, Prague, Czech Republic Tel.: +420 724 587 171, Fax: +420 274 817 190, [email protected] cejiss is published by Metropolitan University Prague Press Printed in the eu issn: 1802-548x e-issn 1805-482x cejiss is not responsible for the contents of any external hyperlinks. The views expressed in this issue are solely those views of the respective authors and do not represent those of cejiss and its boards. Contents Volume 10, Issue 3, September 2016 Editor’s 6 The Case for Reforming the European Arrest Warrant Analysis Alexander Adamescu vs. Romania1 Mitchell Belfer Special 12 European Union at Risk Report The Judiciary under Attack in Romania Piercamillo Falasca, Lorenzo Castellani, Radko Hokovsky Research Articles 42 The Impact of Regional Powers’ Competition on the Middle East Regional Order 1945–2010 Martina Ponížilová 69 Criminal, Religious and Political Radicalisation in Prisons Exploring the Cases of Romania, Russia and Pakistan, 1996-2016 Siarhei Bohdan and Gumer Isaev 88 Why did the 2011 Egyptian Revolution Fail? Alexey Khlebnikov 118 Revolution and Democracy Sociopolitical Systems in the Context of Modernisation Leonid E. Grinin and Andrey V. Korotayev 140 NATO and Environmental Security Understanding the Limits of the Alliance`s Transformation during Détente Yulia Boguslavskaya 157 Biafra Resurgence State Failure, Insecurity and Separatist Agitations in Nigeria Kingsley Emeka Ezemenaka and Jan Prouza 180 Global Energy Dilemmas Book Reviews Energy Security, Globalization and Climate Change Reviewed by Marat Gizatullin 182 China’s Foreign Policy Reviewed by Courteney J. O’Connor 185 Russian Foreign Policy The Return of Great Power Politics Reviewed by Alireza Salehi Nejad 187 Theories of Globalization Reviewed by Teodora-Maria Daghie Editor’s Policy Analysis The Case for Reforming the European Arrest Warrant Alexander Adamescu vs. Romania1 Mitchell Belfer Imagine standing accused of a crime, presumed guilty and having to prove your innocence. If you cannot prove your innocence, you will be forcibly taken from your home and sent to a country that views hu- man rights as a “theoretical luxury”. The judge in your case cannot re- view the evidence against you - they must extradite you unless you can show beyond doubt that they should do otherwise. Picture yourself trying to get justice when your accuser is a government determined to silence you and your family. Now you have an idea of what it’s like to be Alexander Adamescu and to face the Kafkaesque judicial nightmare of a European arrest warrant issued by one of the most corrupt countries in the eu - Romania. Alexander Adamescu is a writer who grew up in Germany and grad- uated from the Royal Central School of Speech and Drama in London. Originally born in Romania, Alexander’s family owns one of the few remaining independent newspapers in the country, Romania Libera. However, after printing stories exposing ongoing corruption in the Romanian government, the newspaper’s publisher, Dan Adamescu - Alexander’s father - made some powerful enemies. As a result, he was publicly accused of corruption himself on national television by venge- ful Prime Minister Victor Ponta, who had grown tired of the paper’s criticism of his administration. 6 In a swift trial, which the NGO Fair Trials International said had, “failed to respect the presumption of innocence”, Dan Adamescu was thrown in jail on trumped up bribery charges. Despite having not set foot in Romania for years, when Alexander criticised the Romanian government for their unjust treatment of his Editor’s father, he quickly found himself accused of exactly the same crime. It Analysis took a Romanian judge a mere 20 minutes to deliberate, issue and pub- lish an arrest warrant that was hastily sent to the uk. Unless he can prove the political motivation for the accusations or that his human rights would be breached on returning to Romania, Alexander’s wife and three young children will be left in London to continue their fight for justice alone, while he languishes in a Bucha- rest jail cell awaiting an unfair trial. What has happened to Alexander Adamescu and his family is but one example of how the European arrest warrant has become a tool for persecution by unscrupulous governments. It assumes the parity of justice between eu member states where often there is none what- soever. Romania’s legal system has no trial by jury, nor does it commit to the principles of innocence until proven guilty and habeas corpus. It provides little check on the arbitrary abuse of power by the Romanian state, which despite years of eu membership still finds itself manipu- lating the judiciary to attack its opponents in a form of “lawfare”. And yet judges in other eu countries must treat warrants issued in Romania with trust and reciprocity. eu leaders and policymakers must recognise the damage that is be- ing done to the rule of law across Europe by an arrest warrant sys- tem that is fundamentally flawed. The European arrest warrant needs urgent reform to ensure it is not sacrificing quality of judicial deci- sion-making for the sake of speed. European arrest warrants issued in countries such as Romania, where countless reports have demonstrated their current inability to deliver a fair trial, must face additional levels of scrutiny until they dra- matically improve their standards of justice. Judges must be able to review the evidence for the charges levelled against suspects and where necessary, juries should be employed to deliver their verdict on the case. 7 Until eu officials put in these safeguards, honourable judges across Europe will be forced to put more families like the Adamescus through harrowing torment, and faith in eu law will continue to be under- mined. cejiss 3/2016 Notes 1. This article was originally published by The Parliament Magazine on 27 October 2016: https://www.theparliamentmagazine.eu/articles/partner_ article/central-european-journal-international-and-security-studies-ce- jiss/case 8 Arms Control THE SOURCE ON NONPROLIFERATION AND GLOBAL SECURITY App FEATURING: Now available on: • An interactive version of Arms Control Today • Push notifications of breaking news and analysis • Compelling content that bit.ly/ArmsControlApp is easy to share • Free bonus material such Arms Control as comprehensive reports Association Research Special Report Articles p. 41 → in cooperation with European Union at Risk The Judiciary under Attack in Romania Piercamillo Falasca, Lorenzo Castellani, Radko Hokovsky Executive Summary Many of the methods used by the Communists in Romania pre-1989 to create a politicised system of justice and law enforcement are still in existence in contemporary Romania. The control of judicial institutions and the subordination of the rule of law by the Romanian executive and its agencies continues to present a major challenge to attempts at reform. In particular, the use of the justice system by the Romanian executive, and its agencies, to destroy political opponents remains a serious and ongoing problem. eu-led external pressure to separate the judiciary and politics has failed, with the executive, including the Ministry of Justice, retaining con- siderable de facto power and political instruction of judges remaining commonplace. Judicial independence came under sustained attack from 2012 on- wards with the arrival of Prime Minister Victor Ponta. His adminis- tration presided over frequent political challenges to judicial decisions, the undermining of the constitutional court, the overturning of estab- lished procedures, the removal of checks and balances, and the manip- ulation of members of the judiciary through threats and intimidation. 12 Recent years have seen the executive use the judiciary, often deploying national security legislation, to stifle free speech and harass journalists, with both domestic and international journalists targeted. The Romanian Anti-Corruption Directorate DNA has exerted height- Special ened pressure on courts
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