Judges Forum urges CSM to defend the independence of magistrates after the attacks during the PSD rally. DIICOT to file referrals

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The ‘Judges Forum in Romania’ association has sent a request to the Superior Council of Magistracy (CSM) whereby requests it to defend the independence of the justice system against the recent attacks from the legislative power and from the executive power.

The judges indicate the speeches delivered Saturday and Sunday and argue the CSM intervention is needed, ziare.com reports.

“Given that the organisers of the rally on June 9, 2018 are persons in various criminal procedures, and their messages have targeted the judiciary, suggesting that the political power should take precedence over the ‘unreformed’ institutions, the appeal to put hold on the so-called ‘abuses’ – they represent a form of pressure on the magistrates dealing with criminal files and cannot remain unsanctioned by the law,” the Judges Forum association informs in a release.

The judges also criticize the fact that magistrates were called as being corrupt, Stalinists, securitate-members, torturers and rats, arguing such expressions are unacceptable and are a serious skidding from the principles of democracy.

The release also mentions the statements made by the Chamber of Deputies Speaker (Liviu Dragnea – our note) who threatened the DIICOT prosecutors, saying “they risk paying heavily for the solution found.”

The judges also say that in the speeches on June 9 have brought charges by generalizing the:

  • Lack of integrity, professionalism and independence of an important part of the magistrates in the judiciary, claiming the existence of the so-called ‘parallel state’ of which are part the corrupt, Stalinist, Securitate-member, torturer prosecutors.
  • The abnormal and improper functioning of the judiciary, meaning that prosecutors allegedly conduct criminal files by choice, based on denouncements made by blackmail and pressures and not by legally administered evidence.

The hints to terrorist groups and the veiled threats are a direct form of pressure and intimidation to the magistrates, incompatible with a democratic society.

The judges say that “the statements made during the rally, such as ‘stop the abuses in justice’ and considering the persons who made the statements, given that the rally was broadcasted by most TV stations, have had as result the discrediting of the justice system as a whole and the discrediting of the magistrates body, professionally and morally.” They have affected the justice system’s image, judges say.

“In a country governed by the rule of law, no one has the right to extrapolate the dissatisfactions regarding the handling of a certain cause to the entire justice system. By doing this, the person brings damage to the principle of separation of powers, leading to affecting the judiciary’s prestige and, implicitly, the independence and reputation of magistrates,” the judges say.

DIICOT will also file two notifications to CSM

The Directorate for Investigating Organized Crime and Terrorism (DIICOT) will file two referrals to the Superior Council of Magistracy following the repeated attacks in the past days against the magistrates, attack coming from the representatives of the ruling power.

The first referral is aimed at defending the reputation of the prosecutors dealing with the Dancila file, and the other refers to an attack on the independence of the judiciary, sources have told ziare.com.

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