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  Nr. 4225 de miercuri, 7 mai 2008 
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EDITORIAL
The law on access to information useful to the party
The Parliament is now seized with dangerous fuss. Most senators are asking all the institutions entitled to it to declassify the documents related to Omar Hayssam's escape from Romania. And most deputies have been granted access to the criminal cases against Adrian Nastase and Miron Mitrea, which the Prosecutor's Office is in charge of.
The Presecutor's Office investigated on Omar Hayssam's escape, but the man had't fled Romania out of the blue. His departure from the country is certainly related to the case of the Romanian journalists abducted in Iraq. The CSAT (Supreme Council for National Defense) classified the latter case, which is to last 50 years. So we can can't learn the truth about Omar Hayssam's escape unless we learn the truth about the abduction of the journalists.
Of course there are people lawfully entitled to know all the secrets in this kidnap case, people who had or have contact with the case due to the nature of their profession: secret service agents, prosecutors, CSAT members. As for the Senate and the Parliament in general, they has got nothing to do with it. It was not the Senate who classified the information. It would have been abnormal for senators to do this by means of session or by means of a committee or subcommittee. The Parliament settled means to declassify information and granted the CSAT with the right to classify it, depending on the case. But here is the same Parliament that is now deciding on declassification. The CSAT is skipped and the Parliament is addressing state institutions straight, actually urging them to break the law. Prosecutors concluded the indictment in Omar Hayssam escape case and the lawsuit will open. So senators want to investigate on a case that has already reached prosecutors, therefore the senators are playing the court, although there is no reason for it. But the target of it is quite easy to grasp. They want to browse classified documents, hopeful they can find something against Traian Basescu. If the latter is guilty, he must pay for it. But it is abnormal for the Parliament to commit a crime in order to prove another crime committed by a political adversary. And since it is about declassification, why aren't the senators demanding free access to criminal cases on certainly fishy privatizations? Or why aren't they struggling to declassify all the records belonging to the ex Securitate (Communist Secret Service in Romania) and to the Romanian Communist Party?
Deputies have already granted themselves with the right to analyze the corruption cases against Adrian Nastase and Miron Mitrea. It is not only a subcomittee who enjoys this right, but also anyone. Any deputy may ask for access to these criminal records if he/ she invokes a "thorough" reason. Prosecutors may no longer ask a MP for a statement unless the colleagues of this particular MP learn the contents of the record. It is about party colleagues first of all, for they will learn everything, but they will prove so honest that they won't tell a thing to the one under investigations in order to make his defense easier or compromise the case. No bit of information will leak, no one will use this bit to serve personal interests or party interests. This is how the Romanian MP is like: the embodiment of discretion. This is also due to the contribution of the Constitutional Court wishing to cover for all of them, but ending up with dissatisfying everybody one by one.
This is not the first time the MPs have thought themselves to be above the people, above the law and above the other powers in state. This is not the first time the MPs are sticking their noses everywhere, pushing the limits of democracy. The political confrontation may be immoral, but it must be disllowed to be illegal too. Immorality is not always enough to attain one's political goals fast. There is also need to break or misinterpret regulation, laws and even the Constitution. Is there a better place to mock the law than the Parliament? The present political context has turned the two Chambers into instruments used in the fight against Traian Basescu and also for the self-defense of the MPs. The elected MPs don't actually represent the electors. They represent just themselves and the parties who put them on the lists. They defy both citizens and law. And since information is power, the MPs are thirsty for useful information to which they have got no legal access. Criminal cases, records handled by the National Council for Research on the Communist Secret Service Archive, secrets of state, bank accounts and personal bank codes are no business for the MPs to see to. There are laws, institutions and persons who see to all these problematic issues, which are not up to senators and deputies. One can't order criminal cases like one orders in a pub: one medium Adrian Nastase and one raw Traian Basescu. Besides, how can you do this without even paying for it?
Rasvan MOLDOVEANU 
A r h i v a
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