February, 20th, 2017
No. 174/VIII/3

Press release

The prosecutors of the National Anticorruption Directorate – the Territorial Service Cluj have sent to trial, without restriction of freedom, the following defendants:

CICEO DAVID IOAN, general director at la RA International Airport “Avram Iancu” Cluj Napoca, who was charged with the offence of taking bribe,

BENE IOAN, administrator of a commercial company who was charged with the offence of giving bribe.

The prosecutors’ indictment provides the following state of facts:

In 2011, the County Council of Cluj and the Autonomous Administration of the “Avram Iancu” International Airport Cluj-Napoca started a project whose object was to implement the investment “3,500 meters long runway and related movement surfaces”, a project that aimed at developing the airport infrastructure in the North - West area of Romania.

Given that the investment in question involved a significant financial effort, the investment project was divided into three distinct stages, thus aiming at ensuring both a real financing and the objective possibility of carrying out the constructions that had to be made.
On September 6th 2011, as a result of the public tender procedures between the Autonomous Administration of the “Avram Iancu” International Airport Cluj-Napoca, as purchaser and an association of companies, including the one managed by the defendant Bene Ioan, as executor, a contract for the execution of works was concluded having as object, the execution, completion and maintenance of the work “3,500 meters long runway and related movement surfaces”.
After the completion of the works, given that Ciceo David Ioan, the director of the Autonomous Administration of the “Avram Iancu” International Airport Cluj-Napoca and another person from the County Council of Cluj had a material interest in the project, the businessman Bene Ioan agreed with them to continue with the works from Stage II of the project, in the sense of building the Apron 4 aircraft parking platform, a work that was completed in March 2014.

It was done in the absence of any legal and transparent forms of evaluation and award of such works financed from public money, by ignoring the principles of competition and transparency established by the legislator.
Thus, during October 2012, the defendant Ciceo David Ioan received from the defendant Bene Ioan, for himself, a building located in Cluj Napoca, allegedly purchased by his parents for 690,000 lei and which was later finished with works valued at 563,226 lei (labour and materials). The works in question were executed by collaborating companies or by companies belonging to the defendant Bene Ioan, the costs being borne by the latter.
In exchange for these benefits and based on non-compliant documents, the defendant Ciceo David Ioan, while exercising the prerogatives and responsibilities of his position, transferred funds from the Autonomous Administration which he led to the company managed by the businessman, in order to pay the works carried out at the Apron 4 aircraft parking platform.

In order to ensure the special confiscation, the prosecutors ordered in the case the seizing of real estate piece which made the object of the offence of taking bribe.

The file was sent to trial to the Cluj Tribunal, with the proposal of maintaining the ensuring measures ordered in the case.

It should be mentioned that this stage of the criminal proceedings represents, according to the Criminal Procedure Code, the completion of the criminal investigation and the referral of the case to the court, for trial, a situation which cannot, under any circumstances infringe the principle of presumption of innocence.