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Constitutional Court explains decision on body studying Securitate archives

de Radu Big
Vineri, 1 februarie 2008, 16:14 English | Top News

The Constitutional Court (CCR) decided yesterday that some of the articles in the law for the functioning of CNSAS (the body enabled to study the archives of the former political police, Securitate) come against the Romanian Constitution. After the decision caused endless negative comments on the victory of the former Securitate officers, the Court published a 27-page document justifying the decision. On of the main problems was that CNSAS and its college define themselves as extraordinary court, which is anti-Constitutional.

CCR took act of the fact that the CNSAS law doesn't only follow the unveiling of former Securitate officers, but also promotes the moral, juridical and political accountability of political police members, following their removal from public dignity offices and from Justice responsibility positions, as well as their impeachment in candidature for such positions.

CCR members accepted unanimously on Thursday the anti-Constitutionality exceptions risen by the Conservative leader and honorary president, Dan Voiculescu.

After the decision is published in the official gazette "Monitorul Oficial", CNSAS will cease its activity.

Main anti-Constitutional articles in the CNSAS law:

- the verified persons don’t have a lawyer through the verification procedures, thus having the right to defense broken;
- the verifications are conducted by the same institution that decides whether the persons were or were not agents of the political police. The same confusion between investigation and judgment functions is anti-Constitutional;
- the evidence taken into account by the CNSAS College members in their decision come from Securitate archives, a fact that makes the decision's impartiality doubtful;
- the possibility to issue new and contrary verdicts in cases in which other Courts already decided otherwise.

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