US Ambassador Says Romanian Criminal Statutes Are Worrisome

United States Ambassador to Bucharest Nicholas Taubman said Thursday that Romania’s proposed amendments to eth criminal Code and Criminal Procedure Code are worrisome for the country and friends of the country.

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Taubman said it is just as worrisome that the criminal statutes were passed with little or no debate, little or no consultation with responsible law enforcement and judicial authorities, little or no transparency or responsibility before the public.

“Considering the importance to Romania of the issue of justice reform and of fighting corruption, these shortcuts around a normal, responsible democratic process perhaps should not have been taken,” Taubman said.

Nicholas Taubman said he is concerned about the recent moves by the Romanian to weaken the ability of prosecutors and law enforcement officials to combat a wide range of serious crimes, including bribery and corruption.

“We know these problems exist in Romania; they exist in every society, including in my own. It’s not our imagination; we have seen it for ourselves, including in recent weeks,” he said.

He added he has had meetings with senior Romanian officials and was briefed on the “serious, negative impact that recent amendments by Parliament to the Criminal Code and Criminal Procedure Code could have on the conduct of investigations and the ability of prosecutors to effectively try cases in court”.

“The investigative tools and techniques that these Parliamentarians want to eliminate in Romania are the very same ones that are widely used elsewhere in Europe and in the United States to protect the public good and to hold officials at all levels accountable,” Taubman added.

The US ambassador added this is not just his own view, as numerous Romanian and international experts have expressed concern that the proposed amendments, if enacted in law, would represent a real setback in Romania’s efforts to fight many types of serious crime and corruption.

“I am not a lawyer, nor a judge. But common sense tells us that a law that would make it nearly impossible for police to conduct a search without notifying the suspect first – for instance, in a drug case – is a bad law,” Taubman said.

"Does it make sense to legislate a limit of six months for criminal investigations? Few mafia dons would have ever been arrested and convicted under those terms of reference," Taubman said.

"Does it make sense for apprehended suspects – including murderers and rapists – to be released out of police custody after 24 hours if their defense attorney does not appear before the judge?" he went on.

"Do these types of changes serve Romania and Romanians well? Will they send a positive signal abroad that Romania remains committed to reforming its justice system and to continuing its fight against corruption?" the ambassador said.

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