ECHR: Romania violated human rights in the case of Laura Kovesi’s revoking from DNA

Judges of the European Court of Human Rights concluded that the dismissal of Laura Codruţa Kovesi from the DNA leadership was abusive and that the former DNA chief could not challenge the decision.

Moreover, the ECHR says that Laura Codruţa Kovesi’s right to free speech was violated.

Specifically, the European magistrates say that Laura Codruţa Kovesi could not contest the decision to dismiss her from office, given that the revocation decree had come following a decision of the Constitutional Court notifying a conflict between the president of Romania and the Ministry of Justice, without former head of DNA to be part of this process.

Moreover, the ECHR judges opinioned that Laura Codruţa Kovesi was also violated her right to free speech, when she was fired as the head of the National Anticorruption Directorate for criticizing the amendments to be made to the laws of justice, which is why she was dismissed.

Laura Codruţa Kovesi did not demand material damages in this case.

Laura Codruţa Kovesi appealed in December 2018 to the ECHR the decision by which she was revoked from the position of chief prosecutor of DNA. The complaint stated that human rights had been attacked.

„In December 2018, I filed a complaint, in my personal name, at the European Court of Human Rights in which I showed that several rights provided in the European Convention on Human Rights were violated regarding the revocation from the position of Chief Prosecutor of DNA as a result of Decision no. 358 of May 30, 2018 pronounced by the Constitutional Court. The reasons I invoked in the action concerned the fact that, by its decision, the Constitutional Court decided to dismiss, although I was not a party to the conflict resolved by the constitutional court, I was not summoned before the Constitutional Court and I did not have the opportunity to have at least the quality of to express a point of view in my defence”, it was shown in a reply of Laura Codruţa Kovesi, transmitted by the press office of the General Prosecutor’s Office.

According to the former head of DNA, the decision of the Constitutional Court could not be challenged, the non-existence of an appeal being established by the very motivation of the Decision of the Constitutional Court.

The president of Romania Klaus Iohannis issued in 2018 the decree to revoke Laura Codruţa Kovesi from the DNA leadership, according to the CCR decision. Immediately after her dismissal, Kovesi was delegated as prosecutor to the Guidance and Control Service of the Prosecutor’s Office attached to the High Court of Cassation and Justice.