Press statement

24 August 2018

The protocols concluded between SRI and other state institutions have been at the center of public debate for over a year and a half.

During this period, there have been several public appearances - at SRI's initiative - as we have tried to explain the situation on this matter via press statements, communiqués or interviews. I think that it is necessary to make some clarifications, as we have nothing to hide!

I would like to remind you that SRI denounced all those controversial protocols last February, putting an end to a practice of the past.

What are the protocols? As I had already explained before the SRI Committee, on February 28, 2017, even from the beginning I asked the institution if those protocols were really necessary. Couldn't we enforce the law without protocols?

I was given an affirmative answer.  It was possible, but that was the traditional instrument and the framework we used to implement law provisions.

I ordered an internal audit on the matter of those cooperation protocols concluded with other institutions and I made the decision to denounce all protocols that were not imposed by law or CSAT decisions.

Shortly after, in February 2017, I have launched a process of denouncement of all protocols signed with the prosecutor's offices and justice system institutions.

No protocol related to serving justice in Romania is in force as we speak.

As for the two protocols in question, both of them were signed in December 2016. The first of them is an unclassified protocol regulating the access of criminal prosecution bodies to SRI's technical infrastructure. It is still in force, but it does not imply any SRI involvement into the Prosecutor's Office activity. I informed the SRI Oversight Committee about all those issues/ on that.

At the same time, the chairperson of the High Court of Cassation and Justice, who is in charge with checking this protocol implementation, was notified about its existence.

The second protocol, the classified one, regulated SRI's cooperation with the Prosecutor's Office exclusively in terms of national security (provided for in title 10 of the Criminal Procedure Code) and terrorism-related crimes.

To be more specific, this classified protocol was required by the Law on organization and functioning of SRI (Article 8). The lawfulness of this protocol cannot be challenged - I hope that I have brought all the necessary clarifications to settle this public debate.