Kovesi challenges her dismissal as DNA head to the ECHR. Kovesi: I want to stop prosecutors’ kneeling


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Laura Codruţa Kovesi has challenged to the European Court of Human Rights (ECHR) the decision through which she had been dismissed from the position of anti-corruption chief prosecutor. Kovesi’s complaint has been filed in December last year. The complaint argues that the human rights have been violated through her revocation.

I have filed a complaint, in a personal capacity, to the European Court of Human Rights in December 2018, where I showed that several rights stipulated by the European Convention on Human Rights have been violated regarding my revocation from the position of DNA chief prosecutor following the Constitutional Court’s ruling on May 30, 2018. The arguments referred to the fact that, bu its decision, the Constitutional Court has ruled for my dismissal although I was not part of the conflict solved by the constitutional court, I was not summoned before the Constitutional Court and I was not able to at least have the quality of <intervener> to voice a stance in my defense,” says Kovesi in an answer sent to the General Prosecutor’s Office press bureau.

According to the former head of the National Anti-corruption Directorate, the Constitutional Court’s ruling could not be appealed and the absence of an appeal has been established by the Constitutional Court’s reasoning itself.

Therefore, I challenged the fact that there is no legal ground in the national laws to allow an appeal against the Constitutional Court’s decision no.358 from May 30, 2018. Within this procedure the warrants of a fair trial have not been observed, in the way of access to court (…)”, Kovesi further argued.

Later on Wednesday, has explained why she had notified the ECHR over her revocation. “Fundamental rights have been violated”, Kovesi said, adding that she hasn’t asked for compensations and that she doesn’t want to win back the position of anti-corruption chief prosecutor.

It’s not about the money. I haven’t asked any compensations through this complaint. I asked ECHR to ascertain that some of my fundamental rights have been violated through the revocation procedure, such as the right for a fair trial, the right for defense, the right for appeal,” the former head of the National Anti-corruption Directorate said. “I don’t want me to be reinstated either,” she added.

Kovesi pointed out that she had not been part of the revocation procedure, she had not been subpoenaed and she had not had the right to intervene and to defend myself. “Moreover, the CCR ruling is final, so it cannot be challenged. I want to stop the prosecutors’ kneeling, I want to stop such an abusive procedure against other chief prosecutors, for this ruling can be invoked as precedent to revoke any other prosecutor having a management position within the Public Ministry”, Kovesi said.

President Iohannis has signed the decree sacking Laura Codruta Kovesi from the position of DNA chief prosecutor in July 2018, following a CCR ruling. After she had been dismissed, Kovesi was appointed prosecutor at  the Guidance and Control Department within the prosecutor’s office upon the High Court of Cassation and Justice.

The Constitutional Court of Romania (CCR) published on June 7 on its website the reasoning of the ruling on a constitutional conflict between the Justice Ministry and the Presidency over dismissing the DNA chief prosecutor Laura Codruta Kovesi. The ruling also said that President Iohannis must sign the decree to recall Kovesi from office. The reasoning was encompassed in a 133-page document and was published by the Official Journal.

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