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EDITORIAL
Games with figures and ex Securitate agents. The raven paradox
"25% of magistrates come from the ex Securitate (Communist Secret Service in Romania", Traian Basescu claims. 25% of 9 is a little more than 2. In the Constitutional Court there are 9 judges. According to the presidential calculation, it means more than 2 of them are ex Securitate collaborators. But the calculation needs to be changed in the Constitutional Court, probably. Since the judges were appointed on political criteria (3 by Presidency, 3 by the Chamber of Deputies and 3 by the Senate), it is easy to reckon that they chose the most obedient ones instead of the best qulified ones. Up there (like in all the institutions politically based) they needed some puppets to obey order,s not to analyze them. And for a puppet there is no better rope than one's ex Securitate record. Therefore in the Constitutional Court there must be more ex Securitate collaborators than the 25%, the average for the entire magistracy in Romania. But which is the true percentage, in fact? Is it 35% or 45%? What if we consider that most Court judges come from the primordial soup consisting in the 1989 National Salvation Front, from Ion Iliescu's apprentices stil lively roaming about all Romanian parties and institutions? Since we know the coup d'etat was authored by those in the second and third layers of the Communist nomenclature, then which is the real percentage of ex Securitate members in the Constitutional Court? 55%? 65%? This is a game of figures that may as well go on, maybe up to 100%. An innocent game, based on suppositions, no doubt, but fueled by the ignorance of the truth, by rumors and bizarre coincidences. One such coincidence is that the CNSAS (National Council for Research on the Communist Secret Service Archive) is now being beaten with the Constitutional club for it is time for the records of magistrates to be tackled. And the 9 judges are some of these judges. There is also rumored that, the night before the announcement on the sentence in the Norica Nicolai case, some of the 9 received from Cotroceni Palace some fragrant pages from their own records. Rumor has it this is how a hallucinating decision emerged, a decision by which the Constitutional Court dared modify the very Constitution of Romania. We don't know whether it is true or not. What is serious is that it may be true. It is serious that we live with suspicion and assumptions about the institution that has become the key to Romanian politics, since nothing moves or unlocks without the Constitutional Court's consent. Because the Constitution is imbecile and meant for several interpretations, depending on interests, because there is a battle for power being fought, the Constitutional Court has got to rule Romania and even modify the Constitution. If the Constitutional Court is studded with ex Securitate members, then the latter rule Romania. Real news, you will say! And still. If this is the truth, let it be at least announced and made official, a Socialist Republic of Romania redivivus, actually a Securitate Republic of Romania redivivus. This way we can learn which way to play and which filth we live with and we should stop flirting with the EU and the NATO. These people who are welcomed by brassbands when paying visits to Bucharest or those we run into in the world's chancelleries should know whom they talk to. But maybe we can decide we don't like to be perceived by everyone as the outcast of Europe, as the Trojan house left by Nicolae Ceausescu in the car park in Targoviste. Maybe we can decide we aspire to be honorable and our pride is offended because of so much suspicion and rumor. If so, then politicians must decide to unbury the truth at once. And if politicians prove unable and unwilling, then there is need of huge pressure from civil society. The CNSAS-Constitutional Court incident may be turned into a spring board for unmasking the ex Securitate collaborators. And it is with the very Constitutional Court this must start. Apart from rumors and coincidences, it must be decided on how many ex Securitate collaborators are assigned to interpret the Constitution of Romania everytime government and Presidency get into conflict. As for the change of the law settling the Court's activity, a change Romanian Liberals have been planning, I am skeptical about it. According to the Liberal plan, magistrates who had no connections with politics should be appointed judges. Very well! There will no more ex party members, but chaps appointed by parties instead, chaps grateful or easy to blackmail. Or the judges will be appointed by the Superior Council of Magistracy, although the latter institution has so far proved to be a nest of conservavatives opposing reform. Moreover, only 3 of the 9 judges may be replaced in 2008. The mandates of the remaining 6 will be up in 2010 and 2013. Mandate duration is settled in the Constitution. Law change is no use, since staff may not be changed. The only way to get rid of them is unmask them. Unlike politicians, magistrates get sanctioned if proved to have been involved in political police activities: they are sacked from magistracy. The key is still in the CNSAS, an institution headed by officials appointed on political criteria, which goes for the Constitutional Court too. Therefore the CNSAS too is subject to pressure and blackmail. Will this institution be strong enough to go beyond this status and assault the raven mate?"
Adrian PATRUSCA
Surce:"Ziua"
