Romanian Prosecutors Go After Ex Fin Min Codrut Seres

Senator Seres is targeted in a file that also includes international advisers Stamen Stanchev and Vadim Benyatov, as well as former ministry advisers Dorinel Mucea and Radu Donciu.

On March 10, the Constitutional Court established that the Public Ministry is obliged to request Parliament approval before initiating criminal investigations against ministers and former ministers who are also members of Parliament.

Thus, the Constitutional Court acknowledged the existence of a legal conflict of constitutional nature between the Public Ministry and the Parliament, regarding the procedure to be observed in the criminal investigation of former and current government members, for deeds committed while in office, and who are members of Parliament when the notice is sent.

Romania’s president Traian Basescu asked interim justice minister Teodor Melescanu in January to start criminal investigation procedures against high-ranking officials, namely Adrian Nastase, former prime minister between 2000 and 2004, Miron Mitrea, former transportation minister between 2000-2004, former justice minister Tudor Chiuariu, acting labor minister Paul Pacuraru, acting IT&C minister Zsolt Nagy, politician Victor Babiuc, former economy minister Codrut Seres and former agriculture minister Traian Decebal Remes.

Basescu’s request sparked debates on the necessity of Parliament approval for ministers who are also members of parliament, the final decision coming from the Constitutional Court.

The "privatizations" trial began on April 20, 2007 with only Stanchev, Mucea and Donciu as defendants charged with treason and disclosure of secrets, crimes mentioned in article 157 of the Criminal Code.

The trial is currently suspended since the Bucharest Court of Appeal admitted the exceptions of unconstitutionality regarding the law on national security, brought up by the defense.

The charges brought against another international adviser, Vadim Benyatov, involved in the privatizations file, were separated from the trial, as Benyatov left Romania when the judges allowed it.

In the same case, Codrut Seres – also indicted – was intercepted by the Romanian Intelligence Service in 2005, as surveillance revealed his direct connection with Stamen Stanchev, as well as the backstage arrangements regarding the privatizations of electric power supplier Electrica Muntenia, hydro-power generator Hidroelectrica, aircraft maker Romaero, airplane maker Avioane Craiova, fixed telephony operator Romtelecom, and the Romanian Post Office.

According to prosecutors within the Romanian High Court of Justice, evidence revealed that between 2005 and 2006, as economy and commerce minister and president of the privatization committee for SC Electrica Muntenia Sud SA, Seres brought intellectual and material contributions to the collection, obtainment and transmission of data and confidential information, economic and commercial secrets that, through their nature and importance, were capable of endangering state secrecy, regarding companies in the strategic area of economy found in the portfolio controlled by the privatization authority within the Ministry of Economy and Commerce.

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