JUDGMENT No. 1724 December 21, 2005
on the establishment of the Institute for the investigation of Communist crimes in Romania
ISSUER: GOVERNMENT
PUBLISHED IN: MONITORUL OFICIAL NR. 1195 of 30 December 2005
Pursuant to article 1. 108 of the Constitution of Romania, republished,
The Government of Romania adopts this decision.
Art. 1
(1) there is hereby established the Institute for the investigation of Communist crimes, hereinafter referred to as the Institute, a public institution with legal personality, subordinated to the Government and in the coordination of the Prime Minister.
(2) the Institute works over a period of 6 years, with the possibility of extension of this period.
(3) the Institute shall have its seat in Bucharest, in a building that will be provided free of charge by the Government.
Art. 2
The Institute aims to investigate and identify crimes, abuses and human rights violations throughout the period of the Communist regime in Romania, as well as referral organs entitled to take action in such cases.
Art. 3
To achieve the aim referred to in art. 2 Institute has the following main tasks:
- to legally) institutionally Communist power system in place;
- (b) the nature of the relationship between) highlights the assets of the party and the former Communist secret police, between this and the other links of the repressive system from Romania;
- c) describe how the Organization and functioning of those institutions in the administration of the Police Act;
- d) presents party activists, officers and magistrates who worked within the apparatus of repression;
- e) identifies abuses and crimes committed, ordered or inspired by people who occupied the functions referred to in subparagraph (a). d);
- f) gathers, documents and testimonies with regard to all actions which have violated human rights and freedoms in the Communist regime and on their basis the matter of criminal investigation bodies, regardless of the time and the circumstances in which they occurred;
- g) identifies those responsible for the apparatus of the communist propaganda, responsible for administrative and economic decisions that led to manifestations of repression in social and cultural life, from daily rationing of food up to limit access to information, arts and culture, through acts of censorship;
- h) brings to the attention of public opinion crimes, abuses, instigările crimes in the name of "class struggle", perpetrated by people who occupied the functions referred to in subparagraph (a). d).
Art. 4
For the performance of duties under article 4. 3 the Institute aims:
- to compose a classified system) of the types of crimes, abuses and violations of human rights throughout the period of the Communist regime and the establishment of decision-making and responsibilities for each of them;
- (b) creation of a database) database containing the names of former party activists from nomenclature, the name of former Security frameworks, the name of former army officers, militiamen and magistrates who participated in the police actions;
- (c) identification of those laws) decrees, decisions of the Council of Ministers, ministerial decisions, internal regulations and other, secret or unclassified, which formed the basis of the organisation and functioning of the repressive apparatus;
- d) publication of quarterly reports and an annual report that will summarize the results of investigations undertaken.
Art. 5
(1) the maximum number of posts of the Institute is 25.
(2) the staff of the Institute is committed and paid in accordance with the legal provisions applicable to staff in the budgetary sector.
(3) the Organization and functioning of the Institute shall be laid down in its rules of organization and operation, approved by decision of the Prime Minister within 30 days after the date of entry into force of this decision.
Art. 6
(1) the Institute is headed by a Board consisting of 11 civil society personalities, appointed by decision of the Prime Minister within one month of the adoption of this decision.
(2) the Board's role is to establish the overall objectives of the Institute and to approve its reports.
(3) the Council operates on the principle of equality members. Within 5 days of formation, they choose the Steering Committee, consisting of the Chairman and 2 members.
(4) the Steering Committee directs the Institute's current activity.
(5) the Chairperson shall be the authorising officer for appropriations and is a tertiary institution in the law as regards relations with third-party individuals and legal entities.
Art. 7
(1) recurrent expenditure and capital of the Institute is financed from own income and from subsidies granted from the State budget through the budget of the Chancellery of the Prime Minister.
(2) own revenue necessary for carrying out specific activities can be carried out:
- He and sale) publishing books, publications, papers and studies;
- b) cofinanţări programs and projects;
- c) building up and capitalizing on studies and projects, as well as making the provision of services;
- d) exploitation of the goods which the Institute has under management;
- e) sponsorships and donations in accordance with the law;
- f) other activities specific to the Institute, including the conclusion of contracts with individuals or legal entities.
Art. 8
(1) 2006 expenditure necessary funding organization and functioning of the Institute shall be ensured from the State budget.
(2) authorizes the Ministry of public finance to introduce, on a proposal from the Chief authorising officer, the appropriate changes in the structure of the State budget and the volume and structure of the budget to the Prime Minister's Chancellery in 2006.
Art. 9
For specific activities the Institute has a number of two cars with an average fuel consumption of standardised 300 litres/vehicle/month.
Art. 10
This decision shall enter into force 30 days after its publication in the Official Gazette of Romania, part I.
PRIME MINISTER
CALIN POPESCU-TARICEANU
Countersigned:
- The Head Of The Chancellery Of The Prime Minister,
Dan Petrescu
Minister of public finance,
Sebastian Teodor Gheorghe Vlădescu