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ECHR decided to lift the immunity of judge Gabriela Birsan
The European Court for Human Rights decided on Wednesday to lift the immunity of the judge Gabriela Birsan to continue the investigation by the National Anti-corruption Department in the file in which she was allegedly accused of influence peddling, ECHR announced in a press release. The ECHR release says that lifting the immunity has no back effects.
The plenary of the ECHR analysed the request of the Romanian governmenet regarding the lifting of immunity of ECHR judge Corneliu Barsan in the file where his wife Gabriela Victoria Barsan was accused of influence peddling.
“on the basis of international relevant instruments and information presented by the Government of Romania and after taking note that the priviliges which the judges of the Court enjoy (..) applied both to judge Corneliu Barsan and his wife ECHR decides to admit the request for lifting the immunity of Mrs.Barsan” according to the ECHR release.
Last week, DNA sent ECHR through the minister of justice and the ministry of foreign affairs the request for the lifting of immunity of ECHR judge Corneliu Birsan, the husband of judge Gabriela Birsan accused of influence peddling.
In this case DNA made a search at the Birsans’ residence on the basis of the CSM agreement and on the basis of the decision of the Supreme Court. The CSM agreement and the Supreme Court decision were contested by the Birsans. The latter was rejected by CSM as in this case immunity for the ECHR judge Corneliu Birsan is not transmitted to his wife, the one under investigation.
On 7 October judge Corneliu Birsan sent to the ECHR chairman a request to be excused from judging Romanian files for a period of time.
DNA mentions in a press release that they sent a request to ECHR to clarify if “ the provisions of the additional protocol n0.6 of the General Agreement regarding privileges and immunity for the European Council can represent a hindrance in undergoing the procedures connected to the investigation” regarding Gabriela Birsan, the ECHR judge Corneliu Birsan’s wife. At the same time, DNA considers that if the provisions of the protocol are applicable, then they requested the lifting of the immunity of judge Corneliu Birsan so that the investigators could investigate the corruption allegations regarding ICCJ judge Gabriela Birsan.
The anti-corruption prosecutors announced on Monday 10 October that they started the criminal investigation against Gabriela Victoria Birsan, judge Corneliu Birsan’s wife ( the chairman of the administrative department in the High Court of Cassation and Justice) and Iuliana Pusoiu, judge at ICCJ in the same department, both being accused of influence peddling. In this file, there are also the lawyer Claudia Gherbovan Silinescu and the businessman Gabriel Chiriac, both for influence purchase.
According to the resolution for the starting of criminal investigation, between May 2010 – May 2011, the two judges seem to have received, repeatedly from Claudia Gherbovan Silinescu and Chiriac Gabriel, different goods such as jewellery, plane tickets and accommodation vouchers for different trips abroad, payment for different parties organized at restaurants and the free of charge use of an apartment in Paris France. The respective elements were received to facilitate the favourable solutioning of some files at the ICCJ – the administrative and fiscal department.
On 6 October, DNA – following the decision of the Supreme Court and the agreement of CSM – to search the residence of the Birsans – Gabriela Birsan ( ICCJ judge) and Corneliu Birsan (ECHR judge). The DNA search was contested by the Birsans both at the Supreme Court and at the CSM, institutions which rejected the actions.
The 19 October the former chairman of ECHR Jean-Paul Costa sent through a press release a viewpoint on the file of the ECHR judge Corneliu Birsan, whose wife, ICCJ judge Gabriela Birsan is allegedly accused by DNA of influence peddling. “ The court is worried that, by searching the residence of the Romanian judge, a part of the investigation referring to suspicion about his wife, the regulations regarding immunity could not be met” the press release says. In the press release there is also mentioned the fact that ECHR requested the Romanian government to show if they have the necessary evidence to request the Court to lift immunity.