The Chief Prosecutor of D.N.A., Laura Codruța Kövesi delivered a speech at the U.N. (United Nations), in the framework of a high-level Debate that marks the 15th Anniversary of the Adoption of U.N. Convention against Corruption (U.N.C.A.C.), also known as the Mérida Convention
Ladies and Gentlemen,
I am honoured to speak at this High-level anniversary debate.
I am the chief prosecutor of the National Anticorruption Directorate – D.N.A. - a specialized prosecutor’s office having exclusive jurisdiction in investigating high level corruption cases.
The U.N. Convention against Corruption was ratified by Romania in 2004. At that time, corruption used to be a generalized phenomenon and it represented a systemic problem in Romania. Corruption investigations used to deal only with petty crimes.
15 years after the Convention was ratified, things have radically changed in Romania: combating high level corruption is active and we have become a positive model in our region from this perspective.
For the last 5 years, D.N.A. has indicted more than 68 high officials: 14 ministers and former ministers and 53 members of the Parliament. The courts have already ruled final conviction decisions against 27 of them. At the same time, D.N.A. has ordered seizure measures of over 2.3 billion dollars.
How has D.N.A. achieved these results?
In my opinion, 3 important recommendations provided by the U.N. Convention led to this radical change: an efficient criminal legislation, a specialized prosecutor’s office and the integrity and independence of the judiciary.
First, the Romanian anticorruption legislation has been updated according to the Convention's regulations.
All of the mandatory provisions of the Convention on the criminalization of corruption crimes and most of the non-mandatory ones have been implemented.
Second, D.N.A. was set up and its legal jurisdiction to investigate high level corruption was provided by law. The anticorruption prosecutors are independent in their activity. This independence is doubled by responsibility.
And last, but not least, the most important and necessary condition for an efficient fight against corruption is the integrity and independence of the judiciary.
Only a professional, independent and honest justice system can fight against corruption efficiently.
The independence of the judiciary is not a privilege for prosecutors or judges. It is a fundamental principle in a democratic society. Only an independent judiciary can ensure a fair trial. Only an independent judiciary can enforce the law equally for everybody.
Investigations carried out by anticorruption prosecutors have been received with hope and trust by the Romanian society. But, at the same time, our results determined a counter reaction. There have been repeated attempts to limit the efficiency of our investigations, by initiatives of amending the anticorruption legislation, by restricting the tools used by the prosecutors or by denying waiving the immunity of the politicians charged with corruption offences.
The entire justice system has faced attacks in the form of fake news and public statements, which could weaken the public trust in the judiciary.
Thus, the most important challenge we are facing now in Romania is to keep the independence of the judiciary and the stability of the legislation. These are essential for the anticorruption prosecutors to be efficient.
This is why the recommendations of the U.N. Convention remain as critical and important today as they were 15 years ago.
Although we come from different legal systems, we face the same challenges in terms of independence and efficiency in combating corruption.
I think we should reflect together on how the recommendations of the United Nations Convention against Corruption are being respected.
Thank you for your attention!