A political game that has begun since 1997, when Valeriu Stoica was Justice Minister. He was the first Minister of Justice which gave the possibility of collecting data and documents about the life and career of the magistrates. An important step has been made in the time of Adrian Năstase, when Justice Minister, Cristian Diaconescu, has initiated and was approved, Government Decision 637/2004, by which SIPA turns into DGPA (Directorate General for Protection and Anti-corruption).
According to this decision, the DGPA would deal with activities of procurement, verification, processing, storage and use of information in the field of national safety, corresponding with the General Direction of Penitentiaries, Autonomous Corporation "Multiproduct", their establishments and enterprises, and also the Ministry of Justice, Prosecutor General, P.N.A. and the places working with classified information.
I went into the possession of an important new document, which clears another mystery tied to SIPA Archive. Respectively, the first visit which the Minister of Justice, Monica Macovei, has made, along with her adviser Dan Tapalagă, at its headquarters. It was exactly in the second day of the mandate as Minister!
From reading this Note, written by a SIPA officer, of whom we reproduce today only the first page, arise some extremely important details: access has been made without ORNISS certification, and on the way out was taken the register containing records of secret documents. Extremely serious facts unknown until now!
For the first time, we have an exact figure of the files contained in the SIPA archive. At the end of the Note is specified that, for the checking of documents archived in the year 2006, about 5.600 UNITS of ARCHIVES (notes, addresses, agenda etc.) it requires comparing schedules with the file notes. So the figure 3.000 folders dedicated to magistrates, lawyers and other categories, advanced by us in the first articles on the subject, is close to the truth.
We start by reproducing the beginning of this handwritten Note
- At 5-6 January 2005, by order of Minister Monica Macovei, had been sealed at the Ministry of Justice: 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 failed to find what they were looking for, moved to section 2.
- January 7-8 2005, at 8 o’clock in the evening the following presented at the offices of the Directorate-General of Prisons:
Minister Monica Macovei and Dan Tapalagă. The object of the visit was that of verifying the entry and exit of secret documents of SIPA in the last quarter of 2003 and the first quarter of the following year.
Were present at this activity since then, head of the SIPA Col. Marius Stoian, and two petty-officers officers or officers responsible for the archive.
The Minister and the attendant were requested documents of access 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 the attendant stood in the archive until 2 o’clock at night.
It has not been requested by SIPA any kind of classified document.
It was, however, taken the register of entries and dispatches of secret documents and top secret documents, which means reported persons names, very succinctly, where they originated and where it occurred (what beneficiaries have been).
At departure (the two n.n.) have taken this register of entries and dispatches that was returned to SIPA, once Prosecutor Dobocan took over as director of the service. (…)
It is a document that I received a few days ago, after Evenimentul zilei has published the Commission Report from 2008 that indicated serious problems in the management of top secret documents from the SIPA archive by the team Macovei.
After reading this fragment of the handwritten note of a former officer SIPA, which ended up in our possession, several frequently-asked questions came up. At the same time, are cleared some aspects regarding the mat of lies that accompanied the manner in which were handled secret documents from the SIPA archive. Let's take them one at a time.
Monica Macovei is appointed Minister of Justice in December 29, 2004, and immediately after the holidays, 5-6 January 2005, she takes the first strange measures: sealed three important offices, including the classified documents one. It is the first time when it is spoken about the fact that Monica Macovei, from taking the mandate, has as a first direction of action securing top secret documents.
The next day, on 6-7 January 2005, in the evening is entered in the SIPA archive from 8 o'clock in the evening until around 2 o'clock at night. Interestingly, the pretext publicly invoked by Minister Monica Macovei and her adviser Dan Tapalagă was that they received information that it's tried burning archive. A childish excuse, which resembles a lot to the Odyssey of the bulb which was burned during the mandate of Minister Robert Cazanciuc which took 4 people to change it, one being an officer in SRI. If there was really such information, it was far more logical for the two to come forward with a crew of police or a Prosecutor. In fact, personally, I think that it is a false pretext used by the two to justify the visit in the middle of the night 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 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 summoned on the head of SIPA, Ovidiu Stoian at the Ministry and we all left at the headquarters of the SIPA archive".
The first action as Minister, entering in the SIPA archive
Access in the SIPA Archive was made in contravention of legal provisions in force, without submission of the ORNISS certificates under the strange pretext, that Monica Macovei, as the Minister, didn't need such a document. Call it strange because according to the governmental decision 204/13 June 2002, governing the access to classified information, Monica Macovei needed such an ORNISS document and was obliged to submit it at the time of access to the SIPA archive. Furthermore, as a member of the CSAT, for the Minister of Justice it is mandatory the release of a certificate of security, given the access to Top Secret NATO documents. Taking into account the short interval of time which passed since the appointment of the new Government, on December 29, 2004, and at the time of entering the SIPA Archive, the night of 6-7 January 2005, during which were held 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 has taken the oath 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.
Art. 33 from Gov. Decision: access to classified information is allowed in compliance with the principle of necessity to know only to persons who have a security certificate or access permit, valid for the secrecy level of the information required to fulfill job duties.
Without ORNISS certificate the access in the archive was denied!
The register of entries and dispatches of top secret documents is an archiving register that includes the names of persons or situations, cases to which it refers, the origin of materials which can be internal, i.e. inside SIPA, or external, i.e. from other services, and where the material was exploited, i.e. in which other person file or case. Otherwise, this register would not have any utility. The register is, in fact, a painting that shows precisely the object files, links between different files, structures, i.e. cooperating services, as well as the identity of the officers who worked in the files.
Basically, this register is the key to the archive and has a strictly secret regime, given that it contains the data and work documents, assets and liabilities of a secret service.
Normally, the two, Monica Macovei and Dan Tapalagă, ought to be the recipients of maximum ORNISS classification, to go into the SIPA archive.
Not even the head of SIPA could take place of the ORNISS certification, he could not guarantee under any circumstances the access of the two in the archive without certificates. Head of archives ought to immediately inform the Office about this serious deviation from the legal provisions governing access to top secret documents and of Special interest contained in the archive of an information service.
Macovei and Tapalagă say they stood in the Archive less than one hour. The SIPA Officer blatantly contradicts them
In their first visit, Monica Macovei and Dan Tapalagă stayed for 6 hours in SIPA Archive. The versions they have presented subsequently differ substantially from what was reported by the SIPA officer in the note quoted. And we're not talking of a small detail, but a substantial difference. The two talk of a quick visit, for a maximum of 60 minutes, and the SIPA officer says they stood from 8 o’clock in the evening to 2 o’clock in the night. What could the tow be doing there in a space filled with secret memos about the magistrates? In our opinion they read as much as they could, go through folders, any other activity being excluded. Joking aside, we remind you that we are talking about Minister Monica Macovei's second day of mandate, much of it spent in the SIPA archive. Strange professional interest, isn't it?
Alone among the secret files
According to the Memo at departure they took with them a very important document: the register of entries and dispatches for secret and top secret documents, "which means the reported person names, very succinctly, where originated and where they were reported (the beneficiaries)". In other words they left with the operative evidence of SIPA archive. They had the legal right to do so? No way! We are talking about a secret document that could not leave the premises for keeping of documents. Why they took it? Because of its study they could tell what documents were stored in the SIPA archive. They returned it to SIPA after the appointment of the new head of the DGPA, Prosecutor Doru Dobocan, somewhere in April 2005. So for three months, the operative evidence of the SIPA Archives was in the possession of Monica Macovei or/and Dan Tapalagă. Were there even made some reports of access or pick-up of documents? There is no evidence of such a thing, but we've addressed the Ministry of Justice a few requests in this respect, to find out the answer as soon as possible.
The first Commission, after several months
The Ministry of Justice has reported on 9 April 2005, that the Chief of the General Directorate for Protection and Anti-corruption is Prosecutor Doru Dobocan and his Deputy was appointed Florian Ungur. Doru Dobocan was Prosecutor within the Cluj Court of Appeal and in 2004 was Prosecutor in the Investigation Division of Organized Crime and Terrorism (DIICOT)-Territorial Service Cluj. During the period 1998-2001 was the Prosecutor of the Supreme Court.
Florian Ungur is colonel in reserve, engineer specialist in communications and computer science. He served until 2004 as an officer in the Ministry of National Defense.
A bundle of lies
Why does this bundle of lies appear? From the pretext for their entry in the archive – an attempted arson which no one remembers (with the exception of Macovei and Tapalagă), to the contradictions related to the purpose and length of the visit-from 1 hour to 6 hours a difference that anyone could see, it all seems to be a scenario developed in detail in order to get access to the most sensitive documents related to the career and life of the magistrates.
When we decided to publish the Report from 2008 of the Commission Chiuariu-Predoiu, we did it being aware that we rattle a bundle of lies and interests related to SIPA Archive. The reaction of the Minister of Justice Tudorel Toader who unrevealed just some reports of access, excluding the period from Monica Macovei's mandate, proved that there isn't the slightest intention to make light in this scandal.
The secrets of SIPA
EVZ Reporter: What kind of State secrets or State secrets of significant importance there are in this archive? There were such secrets? Doru Dobocan (former Chief of DGPA Chief during Monica Macovei): Yes. There were. For example, a person incarcerated who would have prepared an attempt was State secret. EVZ Reporter: But State secret of particular importance? Dobocan: I think there was one regarding the intention of Omar Hayssam to leave the country. He was imprisoned and word got out.
Dan Tapalagă hasn't presented the legal documents
Dan Tapalagă, as adviser, entered the SIPA archive without legal right! Although, according to the Note, he was requested the certificate for access to classified documents, but he did not present any document. In the presence of the Minister of Justice, through clear intimidation of SIPA officers, he entered into an area featuring top secret documents, even some of the highest level-Secret of particular importance. According to the former head of DGPA during Monica Macovei, in the SIPA archive were documents with the highest degree of classification-SSID.
Everything took an hour
Dan Tapalagă: "I haven't seen the content of files and no one has looked at them. The people from SIPA were at all times next to us as we sat there. We were not left alone, with the folders, not for a second. The whole thing lasted a short time, about an hour. As far as I remember, a few locations were secured with the Minister seal, and before we left someone has compiled a report".
The statements of former DNA Chief General Magistrate Ion Panaitescu that the SIPA didn't deal with sordid details about magistrates is also confirmed by a former intelligence officer who revealed that in the case of the Palace of Justice, commented also by judge Cristi Danileț, the matter was different. According to him, one of those documented by SIPA was Corina Dumitrescu, former Secretary General of the Justice Minister and member of CSM, informative notes being forwarded to the General Prosecutor. The dossier was closed in 2005. Worth noticing is also the appearance of links between prosecutors and senior judges (see the case of Dorel Matei) who teach at the same University with Corina Dumitrescu.
We remind you that in 2004 there was an inquiry that started from a referral of Mugur Ciuvica according to whom the contract for rebuilding the Palace of Justice was awarded "by a mysterious auction" to a contracting association made up of "Bouygues Batiment" from France and Building enterprise Special Assembly S.A. Bucharest which offered a price of execution of only 15.676.961 euros. On 7 august 2003, the leadership of Popular Action (AP) — whose spokeswoman at that time was Mugur Ciuvica notified PNA in connection with the guarantee by the Government of the loan of 34 million euros for a deal of only 15.7 million euros, as necessary for financing the restoration works of the Palace of Justice.
This is the file that Judge Cristi Danilet was talking about.