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Viewing cable 08BUCHAREST653, CHAMBER OF DEPUTIES, NEGATIVE VOTE FREEZES

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Reference ID Created Released Classification Origin
08BUCHAREST653 2008-08-15 08:29 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Bucharest
VZCZCXRO1479
RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHBM #0653/01 2280829
ZNR UUUUU ZZH
R 150829Z AUG 08
FM AMEMBASSY BUCHAREST
TO RUEHC/SECSTATE WASHDC 8606
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
UNCLAS SECTION 01 OF 02 BUCHAREST 000653 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EUR/CE SCHEIBE 
 
E.O. 12958: N/A 
TAGS: PGOV PREL RO
SUBJECT: CHAMBER OF DEPUTIES, NEGATIVE VOTE FREEZES 
INVESTIGATIONS INTO TWO HIGH-LEVEL CORRUPTION CASES 
 
1. (SBU) Summary:  In an emergency session called by 
President Basescu, the Chamber of Deputies on August 13 voted 
against referring to the National Anti-Corruption Directorate 
(DNA) the corruption charges against former Prime Minister 
Adrian Nastase and former Transportation Minister Miron 
Mitrea. Avoiding a repeat of a June vote that was invalidated 
for lack of a quorum, the outcome shows that despite looming 
parliamentary elections, abysmal approval ratings, and a 
recent pledge to commit to judicial reform in order to end 
continued monitoring by the European Commission, many 
politicians remain willing to avoid at any cost creating a 
precedent for holding senior officials accountable for 
corruption allegations.  End Summary. 
 
2. (SBU) On the Nastase corruption allegation, the votes by 
secret ballot were 120 in favor of investigation versus 150 
against (6 votes were invalidated).  On the Mitrea corruption 
allegation, 160 Deputies voted for starting an investigation 
versus 105 against (one vote was invalidated).  The measures 
failed on both counts because of the lack of a "super 
majority" (e.g., two-thirds of the number of Deputies or 218 
votes). The results seemed to contradict public statements by 
PD-L, PNL, and PRM leaders that their caucuses would vote for 
the investigations to proceed. 
 
3. (SBU) Subsequent vote counts suggest that at least 23 of 
PD-L, PNL, and PRM,s combined members did not vote the 
professed party line on the Nastase request.  Conversely, 
approximately two dozen members from the PSD, PC, and UDMR 
camp apparently voted for the investigation into Mitrea file 
to proceedt.  Following the parliamentary vote, a DNA 
spokesman told the media that both investigations were now 
"definitively blocked, as the criminal action cannot proceed 
absent authorization from the relevant body.  The prosecutors 
cannot find any use for these files any more, and will close 
them." 
 
4. (SBU) Parliament's move to block further investigation of 
the charges against Nastase and Mitrea came despite public 
pledges from parliamentarians to cooperate on an action plan 
to deal positively with the corruption issue.  In the 
aftermath of a recent critical European Commission report on 
the lack of progress in Romanian judicial reform (and which 
specifically singled out the Romanian parliament as being 
obstructionist) all parties committed to take action that 
would put an end to the EC's continued "humiliating" 
monitoring of Romania.  (note: The July 23 EC report devotes 
six pages to shortcomings in Parliament, and specifically 
urged that "independent investigation of former ministers and 
members of Parliament by the judicial authorities be allowed 
to proceed in order to restore public confidence in the fight 
against corruption and in respect for the rule of law.") 
Asked for comment, EC spokesman Martin Selmayr said that 
progress in the fight against high-level corruption, 
including cases involving MPs and former and current 
ministers, remain Romania's main challenge so far as its 
commitments to the EU are concerned. 
 
5. (SBU) After the parliamentary vote, Mitrea announced that 
he would make good an earlier vow to resign from Parliament 
so he would have his day in court to clear his name.  In 
contrast, Nastase continued to argue the criminal charges 
against him were nothing but a political vendetta, 
characterizing the vote as "a political solution to a 
political case."  His colleague, PSD secretary general Titus 
Corlatean remarked that the vote was "predictable" since most 
members were convinced the cases were political.  He added 
that giving DNA the go-ahead would have amounted not to 
justice being served, but to surrender to "Basescu,s 
prosecutors" who were continuing to "harass" the two PSD 
Deputies throughout the parliamentary election campaign. 
(Note: commentators have noted that Mitrea's gesture appears 
to be motivated by a desire to differentiate himself from 
Nastase's hard-line strategy of "stonewalling" judicial 
action, and reflects his confidence that the courts will not 
convict based on the evidence available and that he will be 
reelected to parliament after the November election.) 
 
6. (SBU)  PD-L chairman Emil Boc called the outcome 
"shameful" and a "mockery of justice," while PD-L caucus 
leader Cristian Radulescu blamed the "unpleasant situation" 
created on those "parties which showed they can and will 
obstruct justice." PD-L Deputy Cornel Stirbet, however, told 
PolOffs that the "silver lining" for his party is that now 
everyone now has "clear proof" that the PD-L differs from all 
other parties in its commitment to the anti-corruption 
effort. 
 
7. (SBU) Comment: The Chamber of Deputies vote was not a 
 
BUCHAREST 00000653  002 OF 002 
 
 
surprise, but is nevertheless a blow against prosecutors and 
others seeking parliamentary accountability in the fight 
against corruption.  Prosecutor General Laura Codruta Kovesi 
has said that she would ask the Justice Ministry to sponsor a 
bill to curtail top officials and MPs, immunity to criminal 
investigations, and the Constitutional Court is scheduled to 
rule soon on PD-L challenges against the current requirement 
for a two-thirds "super majority" in order to approve 
criminal investigations of current or former Cabinet members 
who are also Deputies, on the grounds that there is a double 
standard for the threshold needed to remove the President for 
misdeeds (e.g., a simple majority vote) and the two-thirds 
threshold for Deputies.  However, even if PD-L,s challenges 
are upheld and the bar for clearing high-level corruption 
investigations by the legislature is lowered, the chances 
that a majority of MPs would vote to send cases involving 
their peers to court still remains slim.  End Comment. 
TAUBMAN