The Ministry of Justice has published Friday evening on the institution site, after the HG. 410 from 9 June 2017, relating to the declassification of SIPA archive appeared in the Official Monitor, two reports and an annex for one of them. Specifically, Minister Tudorel Toader has declassified and made public the 096 Report regarding the activity of the Commission made by OMJ no. 1.348/C from 31 may 2007, modified by OMJ no.  1489/C from 11.06.2007, which appeared exclusively in the Evenimentul zilei, but also the 0097 Report regarding the Commission's activity made by OMJ 2418/C on 24 September 2007, and also the minute 087 from 10.04.2008 at the headquarters of the National Administration of Penitentiaries.

Pruna was playing classification

The first thing that needs to be explained is that the Commission's Chiuariu-Predoiu Report from 2008 was at the level of secret service until 2016, when it was passed in a higher class, being stamped with SECRET.

The Minister of Justice at that time was Raluca Pruna, Monica Macovei's former collaborator, who is suspect in this document. This gesture of Raluca Pruna raises big question marks regarding the compliance with legislation on the classification and preservation of the documents with secret character. Why did the Minister Raluca Pruna felt the need to "bury" even deeper a report which highlighted some possible offences?  Declassification of the three documents by the current Minister of Justice Tudorel Toader is the consequence of shocking disclosures made in Evenimentul zilei, by journalist Dan Andronic regarding the SIPA archive. The importance of the facts recorded exclusively by EVZ has been confirmed also by the DIICOT, which has opened an investigation "in rem".

She proposed a HG, and then forgot

As I said, the 096 report's declassification from 2008 highlights yet another shocking information: in 2016, Raluca Prună, former Minister of Justice in the Cioloș Government tried to save her friend Monica Macovei!

In the summer of 2016, Minister Raluca Pruna announced that it takes a regulatory action of major importance for the abolition of SIPA archive. The GD project, she said, responded to the needs mentioned by creating a Commission which, with Celerity, was supposed to inventory the documents from the archive of the DGPA and transmit them according to their specificity, to the competent institutions.

In 27.07.2016, appear in the press the first references to the project thought by Raluca Pruna and her team regarding the SIPA archive. In fact, this was just another way to wander into the SIPA archive, the place where were stored over 5.000 archive units on career and life of hundreds of magistrates, politicians, journalists.

Here's the enlightening fragment from the Government Decision project, which Minister Raluca Pruna wanted to pass in July-August 2016.

"At the Ministry of Justice level was considered necessary to issue a new normative act with the same value, which constitutes the basis for unsealing the archives of the former DGPA, its inventory, accessing documents of interest for litigants and distributing documents, i.e. the documents handover to the competent authorities" reads the draft.

Only instead of proceeding according to the law, Raluca Prună, after seeing the serious facts that Monica Macovei is accused of in the Commission report 096 Chiuariu-Predoiu, she made secret for the second time the document on which former Minister Catalin Predoiu wrote "Secret Service".

Serious mistakes of Minister Pruna

Raluca Prună left the GD project, waved to the press on 27.07.2016, and 18.08.2016 (after 3 weeks) passed the report signed by former Minister Catalin Predoiu at an upper-class grading, applying on the first page of the document the stamp SECRET. In her rush to bury the Report that accuses Macovei, Raluca Prună made several mistakes:

  • She only put the stamp SECRET on the document’s first page
  • Has not given a new number in 18.08.2016, when she secreted again the 096 Report, although the legislation in this respect is crystal clear.
  • She didn't noticed the authorized institutions when she took note of the Commission Report of 2008, classified at that time just as the secret service, although it was about very serious Security Incidents and possible offences concerning the national safety law.
  • She violated the law because she has not made the classification by a GD.

Will Tudorel Toader notify the Prosecutor?

The current declassification of Minister Tudorel Toader is of major importance, because it shows that the former Minister Raluca Pruna attempted to cover up what did during the period 2005-2006, Minister Monica Macovei, Judge Cristi Danileț, journalist Dan Tapalaga and the rest of their team, who had access and handled top secret documents from the archive of SIPA.

The question now asked is what will further do Minister Tudorel Toader? Will he seize the Prosecutor in case of security incidents related to SIPA archive?

NOTE

  1. In 5-6 January 2005, by order of Minister Monica Macovei had been sealed at the Ministry of Justice: the Office of classified documents, the Legal Directorate and the Office of legislative drafting. (So far, no one has referred to this important detail).  Perhaps when they didn't find… what they were seeking they moved to section 2.
  2. In 7-8 January 2005, 20.00 hours, presented at the headquarters of the Directorate-General of Penitentiaries:

Minister Monica Macovei and Dan Tapalagă. The object of the visit was that of verifying the entry and exit of secret documents of SIPA from the last quarter of 2003 and the first quarter of the following year. Were present at this activity the current head of SIPA Col.  Marius Stoian (Ovidiu Ioan Stoian-head of SIPA at the time) and two officers or non-commissioned officers who were responsible for the archive. The Minister and the attendant were requested access documents to classified data (ORNISS certificates), Monica Macovei replied that her being a Minister does not need this, and Dan Tapalagă has not given any reply.

The Minister and her companion stood in the archive until 02.00 at night.

It has not been requested from the SIPA any kind of classified document. They, however, took the input-output register for secret and top secret documents, which means reported person names, very succinctly content, where originated and where it occurred (what beneficiaries have been).  At departure (the two) have taken this input-output register that was returned to SIPA after Prosecutor Dobocan took over as director of the service. (…)

Dan Tapalagă acknowledges that he entered illegally in the SIPA Archive

Dan Tapalagă: "I've witnessed as a counselor at securing measures of SIPA archive, operation ordered and performed by Minister Monica Macovei, in the presence of people from the Service leadership. It was one Friday evening at the beginning of 2005, as far as I remember, when someone sent us the information that it seeks the destruction/burning of the archive. Macovei has convened on the head of SIPA, Ovidiu Stoian, at the Ministry and we all left at the headquarters where the SIPA archive was".

Not even until this moment have I received the answer to an important question transmitted to the Ministry of Justice. What was the date that Dan Tapalaga was hired as Counselor of Minister Monica Macovei?

It's an extremely important detail whereas from the public information this has occurred on 18 January 2005, which would mean that on the night of 6-7 January 2005, he used a false official quality, without having the right to enter into an archive with secret documents.

As I was also saying in the article from 30 May 2017, the access in the SIPA Archive was made in violation of the legal provisions in force, without submission of the ORNISS certificates, under the strange pretext that Monica Macovei, as Minister, had no need for such a document.

Call it strange because according to the governmental decision 204/13 June 2002, governing access to classified information, Monica Macovei needed such an ORNISS document and was obliged to submit it at the time of access to the archive of SIPA.

Furthermore, as a member of the CSAT for the Minister of Justice is mandatory the issue of a certificate of security, as we are talking about access to Top Secret NATO documents. Taking into account the short interval of time which had passed since the appointment of the new Government, on December 29, 2004, and at the time of entering in the SIPA Archive, the night of 6-7 January 2005, during which were the new year celebrations, it is without doubt that Monica Macovei had no ORNISS certificate, because there was no time for security checks.

To be clear, the Government was sworn on Thursday, December 29, 2004, and the Ministers came on the first day at work Monday, January 5, 2005. Monica Macovei's first action as Minister of Justice: she sealed the offices mentioned above, after which, on the second day of the mandate as Minister, went into the SIPA Archive. She left there with secret documents, without permission.  

The charges from the MJ Commission report from 2008

  • The most serious charge in the 096 report is: "members of the Commission designated by OMJ no. 106/C/03 02.2005 totaled documents from the operative archives in the Secret Service classified information from the Ministry of Justice which they have handed over to Justice Minister Monica Macovei. The current Commission (the author of this report) could not identify and does not known whether classified documents (SSID, SS, S) posed by Committee members were returned by these members or by the Justice Minister, Monica Macovei, nor whether other recovery measures were ordered by the former Minister of Justice Monica Macovei".
  • The second serious charge found by the Commission was that the first Commission of inventory of the SIPA archive, founded by Monica Macovei on 20 March 2006, has not complied with the time limit referred in article 2, subparagraph 4 from GD 127 of 26 January 2006 regarding the abolish of the DGPA, completion of inventory and delivery of the archive to the National Archives and the services of defense, national security and public order.
  • Then, also Monica Macovei founded, on January 19, 2007, another Commission composed only of Prosecutor Paul Dumitriu and judge Cristi Danileţ (who had been a member of the first committee also), which had as task the "analysis and establishment of destination for the documents belonging to the former DGPA, in custody of the Ministry of Justice and deposited at the headquarters of the ANP". The Chiuariu Commission determined that Paul Dumitriu and Cristi Danileţ "have not carried out the provisions", "by not making a report with proposals concerning the destination of operative archive in breach of the provisions of the GD 127 as regards the time limit for fulfillment of the obligation of determining the destination of these archives".
  • Members of the Chiuariu Commission have not identified "in the archive space" the reports on the work of the first committee. What translates into the fact that they do not exist. More serious, however, is the finding that "by order of the decision-makers (Minister Monica Macovei) carried out the establishment of archives at odds with legal provisions and without CSAT notice, as national coordinator of all the programs for the protection of classified information".
  • The report also shows that "some reports mention "was made Xerox", others are "copies after", or "by order of previous decision-makers (before May 31, 2007), was ordered the rewrite of the hard drives contained in the DGPA premises. The Commission has not identified the order of the Minister of Justice which ordered this operation nor whether they were adhered to the legal provisions for the implementation of such approaches". It is obvious that the facts occurred during Monica Macovei's mandate, because it is stated in the report immediately: "was identified a recent date register relating to the evidence of operations, being established by the ability institutions if it is done with compliance with the provisions of article 76 from GD 585/2002".

 The Chiuariu Commission has proposed the seizing of SRI-Office for the supervision of State secrets and "identifying and inventorying all documents belonging to the operative archives of the former DGPA within the Classified Information Service of the Ministry and their respective archiving, their secure storage in the DGPA archive space, located at the premises of the National Administration of Penitentiaries, until they are handed over in accordance with article 2, paragraph 4 from GD 127/2006".

 

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