-- The culprits for the disappearance of 404 adoption files from the Bucharest Court were discovered, but left unpunished, being tolerated by the Ministry of Justice * The judge who dealt with most adoptions is Claudia Gherbovan - Silinescu, the daughter of the former General SIE Constantin Silinescu * Other magistrates involved: Florea Visan, Mirela Pod, Mihai Tomescu, Daniela Bragau
Yesterday, the former Minister of Justice Valeriu Stoica presented to the press a shocking document, which sheds light for the first time on the phenomenon of child adoptions and the disappearance of 404 adoption files from the archives of the Bucharest Court, crimes for which no one has been punished so far . A control carried out by the inspector judges Gabriela Barsan, Carmen Grigore, George Ezer and Iulian Teodoriu, from the Court of Appeal and respectively the Ministry of Justice, between April and May 1997, tried to establish the responsibilities for the disappearance from the archives of the Bucharest Court of 404 files of adoptions.The criminal phenomenon, of maximum gravity, happened in the period 1990 - 1995, it was found that 173 files are missing from the period 1990 - 1993, and the remaining 231 from the period 1994 - 1995. When exactly these files disappeared, it was not possible to specify with certainty, but the names of the judges and clerks involved in the adoption industry have been established, who escaped disciplinary sanctions on the grounds that they can no longer be applied, according to Law 92/1992 on judicial organization, only within 1 year of on the date of committing the acts. On the criminal side, however, we specify that the General Prosecutor's Office buried these files, the prosecutors proving to be complicit with those who stole and destroyed the 404 files from the TB archives, in order to cover the traces of an "international trade" in children.Organized thieves in gangs
The judicial control found that some of the causes that allowed the cases to disappear were "the lack of responsibility of the presidents of the sections and the judges and clerks who resolved these cases; non-compliance with the procedures regarding the registration and resolution of these cases; failure to stop this phenomenon, by not taking measures which were imposed, as a result of the notification to the Ministry of Justice since 1994; the application of overly lenient sanctions to auxiliary personnel".The files were taken out of the courtroomThe control note notes the involvement of some clerks in the falsification of reports, the signing of sentences by clerks and for judges, the names of Simona Radulescu and Iuliana Craciun being mentioned. The note also states: "Regarding two files, on March 12, 1996, the lawyer Sega Marius appeared (no - he became a judge at Section Ia of the Bucharest Court today), who requested their reinstatement, AFLANDU FILES - SE LA HIM. This lawyer declared on March 14, 1996, according to the report drawn up by the president of the section, judge Doina Popescu, that he had the mentioned files from an Italian, who in turn had them from an official who worked at the court ".Even the sentences from the map were stolenRegarding three files, no. 3112/95, 3473/95 and 5794/95 from the IVth Civil Section, resolved in the same session of September 14, 1995 (full court: Daniela Bragau, Florea Visan and Silvia Ruxandu) all sentences had the same number, respectively 860 bis. The files have disappeared, including the clerk's notebooks (he has gone abroad for good), but this case is particularly remarkable because a criminal hand stole even the sentences from the sentence folder, which is kept separately from the main archive.Changes of dubious termsThe files 9044/94, 9161/94 and 5400/95, from the 3rd Civil Section, all resolved on June 26, 1996, were initially suspended. After about a year, the suspended files were resumed in a dubious manner, "as a result of pending reinstatements that are not registered in any register, even on the day they are brought directly to the hearing, without the judge verifying the request for reinstatement on the roll (full court: Mirela Pod, Mihai Tomescu and Firoiu Magdalena). The two files from 1994 disappeared without being able to prove "that after the verdict they were handed over to the archive under the signature of (registry Magdalena Firoiu)". the file from 1995, the judicial inspectors found that in it there were several requests to change the term "given by the president of the section at that time, Mirela Pod, which appear at least bizarre,General SIE's daughter, hardworking as a beeThe control also noted: "Another cause that led to the perpetuation of the phenomenon over time was the distribution of files by sections, respectively their judgment primarily by the 3rd Civil Section, especially by a certain panel: Daniela Bragau and Claudia Gherbovan - Silinescu" (who is the daughter of General Constantin Silinescu, who was then deputy director of the Foreign Intelligence Service, married to the lawyer Radu Gherbovan). Eloquent for how these files were managed is the fact that the adoption files were moved from one civil section to another, depending on how the judges assigned to them were moved. Thus, with the move of judge Daniela Bragau from Section III to Section IV, the files went on the same route, in violation of the legal provisions in the matter. The inspectors found that in most cases, the judges and clerks did not report the disappearance of the files on a hierarchical line: "These operations were obviously done deliberately by those who had their management". It was noted that following the moving of the Elena Cortel archive, from the archive of the III department, a series of conditions and registers considered to have disappeared miraculously appeared.cover upContacted in 1997 with two criminal complaints regarding the disappearance of hundreds of files, the prosecutors of the General Prosecutor's Office acted incompetently, classifying the files with the initials "authors unknown" on the grounds that it was "impossible" to track down the culprits. The lie of the Prosecutor's Office is obvious, because the results of the checks of the inspecting judges clearly retained the names of clerks and judges. No one can believe that 404 files can disappear overnight, without showing in the registers who and how they last took them, in order to be held accountable. In this regard, the inspection report reached the following conclusion regarding the crimes found: "Currently,Stanoiu reopened the investigationAt the time when Minister Rodica Stanoiu left the portfolio of Justice, there remained to be completed, at the level of the General Inspection, a voluminous material related to the disappearance of adoption files. The investigation into the adoption files was reopened as a result of the scandal related to the reports of some high representatives of the EU, who exposed the fact that there were clear cases of corruption, when dozens of adoption sentences were pronounced in a single day, from to the same judge. As part of the re-opened investigation, the past activity of other TB magistrates, among them Vice President Costica Iconomu, as well as judge Doina Picearca, from the Bucharest Court of Appeal, former prosecutor of the TB session, in some adoption cases, is being analysed