PARTING SHOT: FORMER JUSTICE MINISTER CRITICIZES

C O N F I D E N T I A L SECTION 01 OF 03 BUCHAREST 000784

SIPDIS

SIPDIS

DEPT FOR EUR/NCE AARON JENSEN; EUR/SCE - PFEUFFER

E.O. 12958: DECL: 07/05/2017
TAGS: PREL PGOV KJUS KCOR MA RO
SUBJECT: PARTING SHOT: FORMER JUSTICE MINISTER CRITICIZES
GOR ANTICORRUPTION EFFORTS

REF: A) BUCHAREST 574 B) BUCHAREST 556 C) BUCHAREST
491 D) BUCHAREST 469

Classified By: DCM Mark Taplin for reasons 1.4(b) and (d).


1. (C) Summary: Former Justice Minister Macovei provided a
downbeat assessment of recent GOR efforts on the
anticorruption front, alleging attempts to weaken the
National Anticorruption Directorate; to direct state funds
toward private interests; and to use anticorruption funding
from the EU and other donors to promote the GOR image rather
than focusing on serious anticorruption efforts. She said
that the goal appeared to be the creation of an ineffectual
National Integrity Agency that would not threaten Romania's
traditional nexus of business and political interests. She
was also skeptical of the independence of the Constitutional
Court, noting that recent decisions to the president's and
her favor could not have been otherwise, and that old-guard
judges still made dodgy decisions including one that required
the case against former president Ion Iliescu be restarted
from scratch. She was more upbeat on the role of civil
society in countering corruption, predicting that NGOs would
play a large role in the upcoming series of elections as they
did in 2004 when the Coalition for a Clean Parliament helped
tip the elections against politicians associated with
corruption. End summary.

Macovei's Departing Assessment of GOR Anticorruption Efforts
-------------- --------------


2. (C) During a June 29 meeting at the Embassy, Former
Justice Minister Monica Macovei, who left Romania on July 1
to work as the UK-funded anticorruption advisor to
Macedonia's Prime Minister, summed up Romania's current
situation as "not going well." She said her main concern was
the National anticorruption Directorate (DNA),whether "it
stays as is." She said it was the "intent of the government
to change the top prosecutors" and confirmed that Justice
Minister Tudor Chiuariu had asked the European Commission to
remove from its June 27 Monitoring Report any positive
language towards the DNA. Macovei characterized a recent
protest by prosecutors and magistrates against Chiuariu as
unprecedented, underscoring their judicial independence and
lack of fear of reprisal. She indicated she would support the
formation of a "real association" that represented
magistrates. However, Macovei was skeptical the Superior
Council of Magistracy (SCM) would issue an impartial report
on the activity of DNA, hinting that "there could be
arrangements" to give Chiuariu support in his attempt to
dismiss the key anticorruption prosecutor, Doru Tulus.


3. (C) Macovei said she had met with Former PSD Justice
Minister Cristian Diaconescu on June 27. She reported he had
confirmed PSD Deputy and political strategist Viorel
Hrebenciuc and the Liberals had planned to destroy the DNA
during the one-month suspension of President Basescu.
Macovei also said the Liberals were intent on replacing the
DNA leadership by merging it with the Department for the
Investigation of Organized Crime and Terrorism (DIICOT) -- an
agency which Macovei distrusted. Macovei argued that
protecting the independence of prosecutors came down to
protecting the individual prosecutors at DNA as otherwise no
prosecutors would step forward again to act independently.
She characterized the DNA as politically impartial, saying
that more Democrats were indicted last year than from any
other party.


4. (C) Macovei said that she had set aside 1.6 million euros
in EU-funds in 2006 for the MOJ's anticorruption campaign,
which would aim at the institutions perceived as most corrupt
according to a study conducted by Transparancy International
and three other firms. However, Macovei said that since the
results singled out parliament, Chiuariu had decided not to
attempt an anticorruption public awareness campaign aimed in
that direction. She claimed Chiuariu would redirect the
funds to enhance his own image instead. On July 2, the
Justice Ministry re-negotiated with its partner firms to
change the objectives of the National Anticorruption
Campaign.


5. (C) Macovei said that she had frequently encountered
questionable actions while in PM Tariceanu's cabinet, citing
several examples. In February 2007, the GOR suspended the
law on insolvency for 28 companies, saving them from
bankruptcy and providing state aid to administrators whom
Macovei described as more deserving of criminal
investigations instead. She had also opposed the GOR's
re-establishing of duty-free shops on land borders with

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non-EU states, which she claimed only dealt in "contraband"
and had no legitimate purpose; the GOR enacted it during the
one-month suspension of President Basescu. Macovei also
cited the problems with government contracts, saying that her
GOR colleagues were "always discussing" the 2006 law on
public procurement as they "want to give direct contracts."
She also noted there was a special law on military
procurement which was much more permissive of tailoring
specifications to specific vendors. She said she had to
intervene three times regarding one such military contract
because it was evident the specifications were written to
direct the funds towards a certain company. Macovei also
evinced suspicion about a parastatal defense firm,
Romtechnica, which she declared "should disappear" as
"everything goes through it."

Who's being monitored?
--------------


6. (C) Regarding the National Integrity Agency (ANI) that is
now being established, Macovei responded, "I hate it," noting
that under the current law, the agency was subordinated to
the Senate, rather than senators being subjected to ANI's
scrutiny. There had been no transparent process for the
political parties to select their candidates to fill ANI
positions and even the NGO representative was appointed by
the Senate rather than by civil society groups. She added
that inspectors have limited powers and can only access
public information; that inspections of assets can only occur
with the permission of the individual being investigated; and
that investigations must be terminated when an official
resigns, creating a loophole for corrupt officials to make
millions, then to cash out by submitting their resignations.

Constitutional Court Still Not Immune from Political Pressure
-------------- --------------


7. (C) Macovei said that despite some recent Constitutional
Court decisions that favored President Basescu and herself,
she was fundamentally distrustful of the judges on the Court.
She said that the Constitutional Court's decision advising
against parliament's suspension of the president was the only
possible choice; the same was true with the Court's decision
last February that the Senate's no-confidence motion against
her was unconstitutional. She noted that the members of the
Court were neither trained nor specialized in Constitutional
law, and that they were still capable of reaching dodgy
decisions, including a June 20 decision that ruled that a
case against former President Ion Iliescu that was completed
by military prosecutors would have to be sent to civilian
prosecutors who would have to start from scratch. Macovei
noted that she found no justification for this finding in the
Romanian Constitution and in the decisions of the European
Court of Human Rights. (Note: on July 5, the Constitutional
Court also ruled that former ministers enjoy the same
privilege as current ministers, finding that the
investigation of former Prime Minister Adrian Nastase must be
authorized by the Chamber of Deputies before proceeding. End
note.)

Civil Society Steps Up
--------------


8. (C) Macovei said civil society was now a lonely voice
speaking out against the GOR's actions to weaken
anticorruption efforts, pointing to a highly critical report
released by the Initiative for a Clean Justice (ICJ). (note:
The ICJ was launched on June 22 as a joint project of six
NGOs under the aegis of the Coalition for a Clean Government
-- the revived Coalition for a Clean Parliament that had
helped tilt the scales in the 2004 elections in favor of
strengthening the rule of law in Romania. The ICJ includes
Freedom House, the Romanian Academic Society, the Group for
Social Dialogue, The Advocacy Academy, Timisoara Society, and
Society for Justice. End note)

Comment
--------------


9. (C) Efforts by the Justice Ministry to water down GOR
anticorruption efforts have reenergized civil society groups.
The Coalition for a Clean Government re-launched its
activities May 10 by demanding the resignation of Justice
Minister Chiuariu. It will also publish "blacklists" of
shady politicians in the run-up to the European Parliament
Elections, and before subsequent local and parliamentary
races. Macovei, who is leaving for a one-year stint in
Macedonia as an anticorruption advisor to the Prime Minister,

BUCHAREST 00000784 003 OF 003


noted that she had made too many enemies in Romania by
aggressively promoting the anticorruption agenda. She noted
to us that "I have to work somewhere." Although she did
appear at political rallies with President Basescu in May
during his suspension from office, she otherwise has refused
to affiliate herself formally with any political party. She
said she had rebuffed both President Basescu's offer to work
as his anticorruption advisor as well as an offer to join the
Democratic Party. End comment.


10. (C) Bio Note for Embassy Skopje: Monica Macovei has been
a long-time contact of Embassy Bucharest and was among the
most popular officials in Romania, though very unpopular with
other officials. More than any other Romanian official,
Macovei is credited with having paved the way for Romania's
successful accession to the EU last January. She will likely
offer straight forward, candid advice to the GOM and should
emerge as a good ally of Embassy Skopje on anticorruption
reforms. We hope her voice will continue to be heard in
Romania while serving in Skopje.
TAUBMAN