UPDATE Iordache to the CCR Debate on Protocol: The Situation Is More Serious Than Communism / Prosecutors: The Most Surprising That State Power Shows About the Country Where It Works Totalitarian – Essential


Deputy Chair of the Deputy Chamber, PSD deputy Florin Iordache, on Wednesday, in his defense of the Constitutional Court to the Protocols, argued that the situation in 2009 would be far more serious than what happened during the communist period. Iordache also claims that, based on protocols in 2009 and 2016, SRI acts as a criminal investigation body, exceeding attribution. Representatives from the Public Prosecutor's Office in the debate said that the status of the protocol was assimilated with Stalinist justice, which was at least surprising: "State power shows the country where it operates as a totalitarian power."

"You are called today to make a decision condemning confidential relations between the Service and institutions that have called for perpetuating violations in Romania. I ask you to recognize this constitutional conflict between the Public Ministry – the Prosecutor's Office, the HCCJ and other courts that must carry out justice by law. The Public Ministry violates the seizure of its own Parliament, invests SRI with the power of criminal investigation, negotiates with the forces of covert actions that are not foreseen or prohibited by Parliament.The Public Ministry, through its actions, also violates the ICCJ constitutional attributes and other courts, as defined in Article 124 and 126 of the Constitution With the confidential protocol with SRI, the Office of the Public Prosecutor, the Prosecutor's Office attached to the High Court of Cassation and Justice, interfered with the trial in a way that the judge could not know while the protocol was kept confidential, without "know the basis of confidential protocols that involve out-of-law procedures and law enforcement procedures," said Iordache, quoted by Mediafax.

Iordache insisted that the situation would be worse than what happened during the communist dictatorship.

"The situation after 2009 was far worse than in the communist period because, like in the communist era, the security services could carry out criminal investigations. Lazar stressed that this protocol was a methodological work paper and had no legal character. This statement was entirely cynical and wrong. and the 2016 protocol goes far beyond the power of law.These norms have a concrete effect, realized through unknown evidence from the court, Constau about the issue of cooperation in "joint team arrangements based on a joint action plan. That is, far beyond what is permitted by law. The way in which law enforcement mandates are practiced is against the law. SRI's ability to carry out preliminary work exceeds the limits set by lawyers. Practically, this provision in the protocol has taken the form of Article 224 of the Criminal Procedure Code, "he said.

Another example cited by referral supporters was the former CCR judge, Toni Grebla, who they claimed was the "victim" of the protocol.

In reply, representatives of the Ministry of Public Affairs indicated that SRI operates under direct CSAT coordination and Parliament, through its two chambers, controls and verifies SRI's work, so that legislators have the possibility to intervene if necessary.

Representatives from the Public Prosecutor's Office, Iuliana Nedelcu, said that in the referral, Kamar made timely criticism of their normative protocols and framework, but also brought other critics. For example, the situation of this protocol was assimilated by the writers of Stalinist justice.

"This support is at least surprising, given that state power influences the country where it operates as a totalitarian power. This is an argument based on emotions that speculates historical factors. Emotions only make a difference in human factors from the audience, to determine it for certain decisions and for understanding an easier situation, "said Nedelcu.

Also, representatives of the Public Prosecutor's Office indicated that this protocol is, in fact, a technical document, which aims to establish collaborative commitment and strict work procedures. "Simple facts about the existence of the protocol are not illegal," said Iuliana Nedelcu.

The CCR debate on Wednesday motion of the Chamber of Deputies regarding the conflict between Parliament and the Public Ministry, which stated, among other things, that the effects of the protocol continue to occur even after their refusal.


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