SRI-Prosecutor General’s Office secret protocol: DNA’s Kovesi vs. DNA’s former chief prosecutor Morar contradict on law violations

National Anticorruption Directorate (DNA) Chief Prosecutor, Laura Codruta Kovesi, has explained Tuesday morning the need and the context in which the protocols with the Romanian Intelligence Service (SRI) for recordings in the files were signed, contradicting her predecessor, Daniel Morar, who said on Monday that immediately after being informed about the SRI-PICCJ (Prosecutor General’s Office) protocol, he announced Kovesi, prosecutor general at that time, to tell her he would not observe it, as some of the provisions violate the law, informs.

Kovesi has contradicted Morar, saying that the protocol was implemented when Morar was heading the anti-corruption institution and that he never said it was illegal.

“With Morar’s approval, the protocol was multiplied and all the subordinate prosecutors received copies. There is written evidence that this protocol was applied and Daniel Morar, as prosecutor general, never denounced this protocol as illegal,” Kovesi said for Europa FM private radio broadcaster.

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Kovesi said she did not inform, about the protocol, any of the presidents, neither Traian Basescu nor Klaus Iohannis.

“As prosecutor general, I did not send the protocol to the president (at the time Traian Basescu) so I can’t say if he saw it or not. President Klaus Iohannis has not received the protocol either. The document was secret at the time,” Kovesi said.

She explained that other institutions had protocols with SRI as well, because at the time SRI was the only institution to conduct recordings, whereas the protocols included unitary regulations. Kovesi added that, although secret, the correspondence could be checked by the Judicial Inspectorate, by the Superior Council of Magistracy (CSM).

Asked about the DNA release early last year, reading that: “There is not and did not exist a collaboration protocol between SRI and DNA and no secret protocol between Coldea (former SRI deputy – our note) and Kovesi exists. No SRI-prosecutors joint teams were set up and no meetings between prosecutors and intelligence officers in conspiracy houses took place.”

Kovesi explains that, from the judicial point of view, there are differences between collaboration and cooperation, and between joint operative teams and joint teams.

“The protocol is not for collaboration, it is a protocol for institutional cooperation. Cooperation is totally different. The parties cooperate, according to their competence and attributions under the law. From the judicial point of view, there is a difference. The notion of joint team does not exist. The joint team means that an information officer and a prosecutor in a joint team can do the same things. (…) I am very rigorous when it comes to terms,” the DNA chief said.

Daniel Morar: I told Mrs. Kovesi that some provisions violate the law

Former DNA chief prosecutor, Daniel Morar, said, for journalist Sorina Matei’s blog, that immediately after being informed about the SRI-PICCJ protocol, he announced Laura Codruta Kovesi, Prosecutor General at the time, the he would not observe it, as some provisions violate the law.

“At the beginning of 2009, I received, as DNA chief prosecutor, a secret document, the collaboration protocol between the PICCJ and SRI. After reading it, I had a phone conversation with Mrs. Prosecutor General, Laura Codruta Kovesi, and I told her that I do not agree with such a protocol, given that it adds issues to the criminal procedure code and some provisions and contrary to the law. She told me the decision was made and the protocol should be respected. I told her that the DNA prosecutor and me, as well, would not enforce the protocol. This is the reason for which I did not informs the DNA prosecutors on the issue, they were not informed about it, I decided to archive it in the institution’s classified documents department,” Daniel Morar said.

Daniel Morar was DNA chief prosecutor during 2005-2012.

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