ROMANIA CONFRONTS ITS PAST 15 YEARS AFTER MINERS'

C O N F I D E N T I A L SECTION 01 OF 03 BUCHAREST 001372

SIPDIS

DEPT FOR EUR/NCE WILLIAM SILKWORTH

E.O. 12958: DECL: 06/17/2015
TAGS: PGOV PREL PHUM KDEM SOCI RO
SUBJECT: ROMANIA CONFRONTS ITS PAST 15 YEARS AFTER MINERS'
RAMPAGE; EX-PRESIDENT ILIESCU FACES INDICTMENT

REF: A. A) O4 BUCHAREST 3478


B. B) BUCHAREST 1348

Classified By: POLITICAL SECTION CHIEF ROBERT GILCHRIST FOR REASONS 1.4
B AND D


1. (C) Summary: Events of recent days have focused renewed
attention on violence caused by rioting miners in the 1990's
that slowed Romanian democratic development and Romanian
progress toward market reform . As Romanians commemorated
the 15th anniversary of the riots, a court ordered the
miners' former leader released from jail. Meanwhile, the
press revealed that ex-President Ion Iliescu is under
criminal investigation for inciting the riots as well as for
his alleged role in violence during Romania's 1989
revolution. Few Romanians believe the former executive will
ever serve time. However, many hope there will now be a true
accounting of the country's early post-communist history,
with culpability for the violence and extra-constitutional
measures clearly attributed to those responsible. End
Summary.


2. (SBU) On June 14, Romanians solemnly commemorated the
anniversary of the notorious 1990 miner's riots, which
brought terror and bloodshed to the capital in the months
after Romania's anti-communist revolution. Victims of the
riots -- as well as family members of those who were killed
-- assembled peacefully in Bucharest's central University
Square holding signs calling for justice and prosecution of
those responsible. For years, they have assembled on this
anniversary and have pressed unsuccessfully for the truth to
be officially revealed. Recent events, however, indicate
there may finally be progress.

ILIESCU IN THE SPOTLIGHT
--------------

3. (C) Following weeks of speculation, former President Ion
Iliescu's lawyer announced June 9 that Iliescu is under
criminal investigation, with charges pending for his alleged
role in the riots. This was confirmed in the press by the
Public Prosecutor. Iliescu has long been the central focus
of accusations that the riots were sponsored, incited, and
organized by top officials. The charges reportedly pending
against him, but still subject to final approval, include
genocide, undermining state authority, undermining the
national economy, inhuman treatment, war propaganda, abusive
investigation and illegal arrest. Separately, Embassy
contacts have said that Iliescu is also under investigation
for his alleged role in violence surrounding the December
1989 revolution.


4. (SBU) Iliescu initially downplayed the criminal
investigation and pending charges related to the riots,
asserting that he had merely been named as a "witness" to the
events. Shortly thereafter, however, he dismissed his lawyer
for revealing the initial news to the press and hired
criminal defense lawyer and Social Democratic Party (PSD)
Senator Antonie Iorgovan to lead his legal team. Iorgovan --
who has offered to take on the case pro-bono -- is known as
one of the top criminal defense attorneys in the country.
According to Embassy contacts and press reports, charges
related to the riots are also pending against other prominent
political figures, including former Prime Minister Petre
Roman, former Deputy Prime Minister Gelu Voican Voiculescu,
and current Transportation Minister Gheorghe Dobre. The
latter, who was a mid-level transportation official at the
time, allegedly facilitated the movement of the miners'
trains into Bucharest.


5. (C) Lawyer Iorgovan has publicly declared that "there is
a clear risk" Iliescu could spend the rest of his life in
prison. However, many Romanians remain skeptical that
Iliescu will ever serve time. Given the complexity of the
case and the staleness of the evidence, the trial could take
years. Iliescu's advanced age and recently-manifested heart
condition could also pose impediments. Additionally, the PSD
and Iliescu personally continue to exercise continued
influence -- if not outright control -- of much of the court
system at multiple levels. More fundamentally, legal experts
point out that the case will be difficult to prosecute given
that Iliescu was acting at the time as head of state and was
obligated to ensure security and preserve institutions. The
press and some Embassy contacts have indicated the PSD is
already planning to take every step necessary to protect
Iliescu. There is some speculation that the current PSD
leadership will use this as a tradeoff to prevent Iliescu
from forming a new party following his unsuccessful bid for
the PSD presidency in April. (Ref B)

RIOT LEADER RELEASED FROM PRISON
--------------

6. (SBU) Coincidentally, a local court in Craiova June 14
ordered the release from prison of Miron Cozma, former
miners' union chief and the most visible instigator of the
riots. Cozma walked free the same day. In December 2004,
Iliescu pardoned Cozma in one of the most controversial moves
of his presidency (ref a). In response to widespread public
outrage at the time, Iliescu quickly "revoked" the pardon and
Cozma was then put back in jail after only two days. The
Craiova court determined that Iliescu had no legal basis for
revoking the pardon.


7. (SBU) As in December, Cozma's release sparked public
outrage, with local television stations replaying video
footage of the 1990 violence and newspaper headlines
expressing alarm that "a killer had been freed." The
Association of Miners, Riot Victims (AVM) called Cozma a
"terrorist" and asked the General Prosecutor to reverse the
decision. Nonetheless, despite these strong emotions, most
analysts acknowledged that the Craiova court acted correctly
and cast the blame on Iliescu for initially issuing the
pardon. Minister of Justice Monica Macovei called the
Craiova court decision "predicable," as there are no
constitutional grounds for revoking a presidential pardon.
Cozma reportedly "thanked" Macovei for his release. She
replied publicly that the Ministry had played no part in the
decision and the Cozma could only thank Iliescu. Since his
release, Cozma has vowed to establish his own political party
and fingered Iliescu as the primary culprit for the violence.

BACKGROUND: THE MINERS' BLOODY RAMPAGE
--------------

8. (C) Few events in post-communist Romania evoke as much
emotion as the deadly violence perpetrated by the miners in
the 1990's. Coming largely from the state-owned mines in the
coal-rich southwest of the country, the miners faithfully
supported Iliescu in exchange for his assurances of their job
security and continued high salaries. Iliescu relied on
their electoral support and -- at key junctures -- their
willingness to use intimidation and violence in support of
his objectives. In short, in the words of one Embassy
contact, for a period of several years Iliescu used the burly
and club wielding miners as his "personal shock troops."


9. (SBU) In 1990, the miners rampaged through Bucharest
three times. The worst was the third riot, in June. Hundreds
of students, intellectuals, and other anti-communists were
encamped in central Bucharest to call for meaningful
democratic reform and the ouster of the former communist
nomenclatura whom they believed had derailed the revolution.
On June 13, Iliescu and his government used police and other
measures to try to dissipate the protesters, sparking
violence and disorder throughout the city. Iliescu then
called for "responsible forces" (i.e., the miners) to "help"
authorities restore order. On June 14, thousands of miners --
abetted by government officials at multiple levels -- boarded
trains for central Bucharest. The ensuing violence was
unprecedented in the capital, resulting in reportedly dozens
of dead and hundreds wounded. On June 15, Iliescu thanked the
miners for their actions and their &attitude of high civic
spirit.8 The miners returned to Bucharest in September 1991
in response to government plans to cut mining jobs. After a
repeat of earlier violence, then Prime Minister Petre Roman
was forced to resign. In 1999, the miners twice attempted to
return to Bucharest but were impeded by security forces under
orders from the then center-right government of former
President Emil Constantinescu.


10. (SBU) As president of the largest miners' union, Miron
Cozma was the most visible and vocal figure in the movement
and -- in the eyes of many -- held responsibility for much of
the violence. In 1999, he was sentenced to eighteen years in
prison for events related to the 1991 riot. Cozma is
currently appealing another conviction for his role in
instigating unrest in January 1999. The appellate court's
decision is expected as early as next week, leaving open the
possibility that Cozma could return prison.


11. (C) Comment: Although few believe there will ever be
prosecutions, the pending charges against Iliescu and others
offer hope that an accurate history of the miners' riots may
finally come to light. Many Romanians see this -- as well as
a true accounting of the 1989 revolution -- as a central
mandate for President Traian Basescu and his center-right
government. Indeed, it is no coincidence that cheering crowds
on December 12 spontaneously convened at University Square to
celebrate Basescu's presidential victory. They viewed this
location as an embodiment of the ideals of the 1989
revolution and the anti-communist protesters beaten there by
miners in 1990. And they viewed Basescu as the political
figure most capable of bringing closure to events that still
haunt post-communist Romania's political psyche.


12. (C) Comment continued: Also in the past week, several
key center-right Members of Parliament introduced a bill that
would forbid former communist nomenclatura from holding
public office for ten years. Embassy contacts have expressed
pessimism the measure will pass in its current form.
Nonetheless, it demonstrates a more general commitment by the
center-right to purge the vestiges of communism from official
life. End Comment.


13. (U) Amembassy Bucharest's reporting telegrams are
available on the Bucharest SIPRNET Website:
www.state.sgov.gov/p/eur/bucharest.
DELARE