JusMin Toader to propose emergency ordinance for reviewing convictions based on unlawful wiretaps and protocols

Justice Minister Tudorel Toader announced on Wednesday night, at private TV broadcaster Antena3, that he will propose in Government the adoption of an emergency ordinance, which will give the possibility to people who were "wrongfully convicted", based on secret protocols or unlawful wiretaps, to request a judge to review their sentence. 

"I will propose to Ms. Prime Minister and the Government the adoption of an emergency ordinance, which will modify the the reform institution's review of a definitive decision, based on article 453 from the Criminal Procedure Code. What does this mean? To give to the person who has the feeling that he was wrongfully accused, based on illegal wiretapping, to give him the possibility to convince himself if his conviction is a just one or not. How? He will request the decision to be reviewed, to have a filter of admissibility, a judge to open the case, to check if X, who thinks was wrongfully accused, was convicted based on wiretaps or protocols, to make a procedure of admissibility, and if it is not about the protocol, or illegal interception, he will reject it, and the decision will remain as it was before. If it is about unlawful protocols or wiretapping, the request for review to become admissible and to start the demarche on the recast procedure. What do we do? We look for a recast leverage of a decision that possibly lacks any legal basis, ruled based on wiretapping, protocols, it is unjust for the punishment to be executed. On the other hand, we will give confidence to the Romanian, convicted or not, that Justice is served just as the Constitution demands," said Toader. 

Tudorel Toader explained that someone who was irrevocably sentenced, based on a protocol or unlawful interception, has the chance for his case to be seen by a judge who can say if the former's trial can be reviewed. 

Asked about what "unlawful wiretapping" means, Toader said: "Wiretapping conducted by the Romanian Intelligence Service (SRI) and used by the prosecutor in common deeds, deeds that have nothing to do with security or national security."