Attempting to cover the fact that he was part of the repressive communist regime before December 1989, Prosecutor General Augustin Lazăr publicly stated on 1 April 2018 that the abusive practice of the communist regime regarding the institution of conditional release is still maintained today, being similarly regulated.
In other words, in the area of conditional release, prosecutors still continue their abusive practices today, in particular by lodging appeals against conditional release decisions handed down by the courts, sending their representatives to court to oppose favourable reports made by prison parole commissions, which are headed by a judge of rights and freedoms, even though prosecutors have been dismissing the case from the moment a final court decision is handed down. Their active role must stop when the person concerned is finally sentenced.
The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) calls the attention of all state institutions governing the field of justice - the Ministry of Justice, the SCM, the Romanian Government, the Romanian Parliament - to the fact that the abusive practices of prosecutors against persons who have served their sentences continue today, 29 years after the events of December 1989.
FACIAS has since 2017 asked the Minister of Justice and the Prosecutor General's Office, headed by Augustin Lazăr, to take action against prosecutors who abusively challenge the conditional release of prisoners who DO FULFILL the conditions set by law.
Despite the characterisation made by the parole commission at each prison, which shows that the conditions for release are met, and against the court's decision granting parole whereby the judge decides that a person should no longer be deprived of liberty, prosecutors, abusing the law, are contesting.
Without an appeal, the prisoner would be released within 3 days of the court's decision. By lodging an appeal, the communist prosecutor manages to delay the conditional release for no reason (sometimes even for 3 months).
Equally abusive is the fact that these appeals often take the form of allegations unsupported by practical or legal circumstances. Subsequently, they are mostly rejected by the courts. In the meantime, however, the prisoner has spent several months in prison for no reason.
Who is responsible for this procrastination, which often has very serious consequences, both human and financial, leading to unnecessary congestion in the courts?
FACIAS has been informed that the National Anti-Corruption Directorate has established a practice of appealing in general and without arguments, with a universally valid text, despite the principle of individualisation of the penalty, against any decision ordering, in the first instance, the release of a prisoner. A 2017 FACIAS statistic showed that while DIICOT lodged 7 (seven) appeals against probation decisions handed down by the courts, DNA lodged 160 appeals in the same timeframe.
FACIAS calls on all decision-makers in the implementation of criminal policy in Romania to URGENTLY find solutions to stop these communist abuses.