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PNL will challenge to CCR the law on the declassification of the CSAT decision and the law on the home imprisonment

November 19, 2018

Liberals will challenge to the Constitutional Court (CCR) the law providing the declassification of the Decision no.17/2005 of the Supreme Council for National Defense (CSAT), as well as the law according to which home imprisonment may be executed only in the case of the convictions of at most one year, except for the deeds committed with violence, the National Liberal Party (PNL) Chairman Ludovic Orban announced. “A very serious law referring to all those who have been convicted, especially for corruption deeds, is the law, I called it amnesia is causing amnesty. It is a law on the declassification of the CSAT Decision of 2005 on establishing corruption as a threat against national security, and not only this CSAT decision, but all the subsequent papers and documents that were based on this CSAT decision. Why did I call this law amnesia is causing amnesty? Because Mr. Tariceanu, who supports this law together with Dragnea, probably is amnesiac, since he forgot that he was the PM and a Vice President of CSAT in 2005, and he approved this CSAT decision as a Vice President of this body. Now, he wants to declassify it, after he was part of the CSAT that adopted it and considered this decision a classified decision”, Ludovic Orban stated in a press conference held in Arad on Friday. The PNL Chairman said that if the law will be adopted, there will be many revision requests made by people who have been sentenced for corruption deeds, in their attempt to escape from the consequences of their deeds. “Obviously, and this is made for which purpose? It is made in order for any person who was sentenced since this decision was issued, in 2005, to be able to use the extraordinary remedy, the revision request, if he or she will find a document to challenge, of all those declassified documents. You know that the revision request is made when there is a new document, for instance, which can be relevant for the legal investigation. Basically, people who have been sentenced for corruption deeds and trying to escape from the consequences of their deeds, will be encouraged to submit a lot of revision requests”, Orban added. The Deputies’ Chamber adopted on Wednesday the law on the declassification of the CSAT Decision no.17/2005, which provides that the sentences in which “evidence” was administered “by special technical means” during the existence of the documents arising from this decision, are subject to revision. The Deputies’ Chamber is the decisional body on this draft law which is also related to the declassification of all the protocols concluded by SRI with judiciary institutions. Also, Ludovic Orban announced he will challenge the law on the home imprisonment to CCR, too. “This week, the majority has adopted a few more laws. The so-called law ‘prison in the living room’, namely the possibility for those who are sentenced to sentences up to 5 years of prison not to be imprisoned in jails, in public detention systems, but to execute their sentence at home. This means that if Dragnea will be sentenced to 3 years and a half in prison for the offense he committed, for taking money from the socially assisted people from Teleorman in order to pay two employees of PSD in Teleorman, he will be able to execute his sentence in his living room. (…) This is unacceptable, inadmissible, and of course PNL will challenge to CCR this stupid law”, Ludovic Orban also stated. The plenum of the Deputies’ Chamber adopted on Wednesday, as the decisional body, a draft law providing that home imprisonment can be executed only for the conviction of at most one year, except form the deeds committed with violence, and the sentenced persons have the right to attend the funerals of their relatives. Orban also announced that Liberals will also challenge to CR the law approving the GEO 92, which establishes, “in addition to the Laws on Justice, the possibility for the Justice Minister to be the only actor which is able to notify the Judicial Inspection”. “Next week, we will also challenge to CCR the law approving the geo 92. If you remember, GEO 92 is the ordinance issued by the Government at Toader’s proposal, pretending that the approval of the Venice Commission was obtained. That’s how he lied all the public opinion. Actually, GEO 92 establishes, in addition to the Laws on Justice, the possibility for the Justice Minister to be the only actor which is able to notify the Judicial Inspection. What is established, in fact? An additional political control of the Government, through the Justice Minister, on the magistrates, on the prosecutors. If there will be a prosecutor who will start investigating a minister of the Government or a powerful man of the day, Justice Minister can send him anytime to the Judicial Inspection, so that he will make him be silent or prevented from continuing his investigation”, Ludovic Orban stated. On Wednesday, the plenum of the Deputies’ Chamber adopted the draft law approving the GEO no.92/2018 amending and supplementing certain normative acts in the judiciary field. Judges and prosecutors can be dismissed if they do not meet “the requirement on the good reputation”. Thus, the draft law goes to the Senate, which is the decisional body in this case.

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