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Asociație de procurori: „este inadmisibil ca un fost judecător CCR să afirme că o persoană e condamnată politic”

By Andreea Traicu , in Fara categorie , at 5 iulie 2019 Etichete: , , , ,

Asociația „Mișcarea pentru apărarea statutului procurorilor” se solidarizează cu judecătorii de la Înalta Curte despre care s-a spus în spațiul public că l-au condamnat politic pe fostul lider PSD, Liviu Dragnea. Afirmația a aparținut fostului judecător constituțional Petre Lăzăroiu care a mai spus că amânarea luării unei decizii de către CCR a fost pentru că judecătorii s-au temut de reacția publică. 

Într-un comunicat public, AMASP susține că decizia CCR nu poate fi folosită ca argument pentru cei care susțin că judecătorii ÎCCJ au „distrus destine” sau că au urmărit „eliminarea unor persoane din viața publică”.

AMASP condamnă și afirmațiile unor politicieni care cer eliberarea unor persoane publice care au fost condamnate de Înalta Curte, cu referire la politicienii care au avut dosare la Înalta Curte.

„În acest context, atacurile și insinuările proferate, cu rea-credință, de reprezentanții formațiunilor politice, la adresa judecătorilor Înaltei Curți de Casație și Justiție, sunt inadmisibile într-o societate democratică și reprezintă o încălcare flagrantă a independenței justiției și a respectului datorat autorității pe care judecătorii instanței supreme o reprezintă”, se arată in comunicatul AMASP.

Mai jos, comunicatul integral al AMASP

ASOCIAŢIA „MIŞCAREA PENTRU APĂRAREA STATUTULUI PROCURORILOR”, asociație profesională a procurorilor, având în vedere declarațiile publice ale reprezentanților puterii executive și ai formațiunilor politice cu privire la constatarea conflictului de natură constituțională între Parlament și Înalta Curte de Casație și Justiție, face următoarele precizări:
– decizia CCR din data de 4 iulie 2019 vizează aspecte procedurale privind organizarea completurilor pentru judecarea în primă instanță a infracțiunilor prevăzute de Legea nr. 78/2000. Așteptăm cu interes motivarea deciziei pentru a înțelege cum CCR consideră că un text nu este căzut în desuetudine, că el vizează și judecătorii ICCJ, că un judecător este specializat când soluționează apelul, nu însă și atunci când soluționează fondul. E de amintit că decizia CCR nu pune în discuție, sub nicio formă, hotărârile definitive pronunțate de instanța supremă și cu atât mai puțin vreun aspect care ține de fondul cauzelor soluționate de aceasta. Deciziile Curții Constituționale au efect doar pentru viitor, iar securitatea raporturilor juridice este încă un principiu fundamental de drept care trebuie respectat; instanța de contencios constituțional nu reprezintă o instanță de control judiciar astfel încât să evalueze existența vreunei infracțiuni sau să tranșeze vinovății.

Altfel spus, decizia CCR nu poate constitui o justificare pentru afirmații publice de tipul ”oameni nevinovați au fost aruncați în pușcărie”, ”dorim eliberarea lui…”, ”au distrus destine”, ”s-a urmărit dispariția lui de pe scena politică” întrucât venise „cu alte chestiuni noi, mai naționaliste, mai de altă natură”.

AMASP consideră dezonorantă folosirea de către Petre Lăzăroiu, fost judecător CCR vreme de 10 ani într-un mandat constituțional de 9 ani, a pretextului deciziei amintite pentru a afirma că o anumită persoană publică este victima unei condamnări politice, lăsând astfel să planeze un semn de întrebare cu privire la modul în care și-a exercitat mandatul cu imparțialitate și independență.
– în acest context, atacurile și insinuările proferate, cu rea-credință, de reprezentanții formațiunilor politice, la adresa judecătorilor Înaltei Curți de Casație și Justiție, sunt inadmisibile într-o societate democratică și reprezintă o încălcare flagrantă a independenței justiției și a respectului datorat autorității pe care judecătorii instanței supreme o reprezintă. Solicităm pe această cale respectarea principiului cooperării loiale între puterile statului și luarea unei poziții oficiale de către Consiliul Superior al Magistraturii cu privire la toate declarațiile publice care pun la îndoială profesionalismul judecătorilor ICCJ și caracterul legal și riguros al soluțiilor definitive pronunțate de aceștia.

Sursa foto: INQUAM PHOTOS/George Călin

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