Remarks by Ambassador Michael Guest
to the Opening of the ABA/CEELI-Sponsored
Iasi Magistrates Association Conference
Iasi, Romania
Thank you. It's an honor for me to speak to this distinguished body. I very much appreciate the invitation extended to me by Nicoleta Stefaroi, president of the Iasi Magistrates Association, and by JoAnne Darkey, from ABA-CEELI.
Many of you may have heard me speak to the Romanian press about the important bearing that rule of law issues -- particularly corruption -- have on this country's future. Tackling these issues is, in fact, one of my highest priorities as Ambassador. For that reason, I'm sure you understand my genuine pleasure in opening this workshop.
I've been very pleased -- even proud -- to hear President Iliescu's courageous remarks on the importance that he places on tackling corruption in this country. And I'm pleased as well to see that the government has announced a broad strategy for fighting corruption.
Last week, the government announced that it will create a prosecutors' national anti-corruption office to speed up investigation of corruption cases. This is good news. I hope the office will be given broad and independent powers, and that it will be well-funded. For corruption in this country not only affects the administration of Government and the development of this country's market economy. If left unchecked, it can, in the end, endanger the stability of Romanian politics and society.
As I said to students at A.I. Cuza University of Iasi last night, different countries have evolved different methods to curb corruption. But the effective strategies I've seen all have one pre-requisite: that there be clear and unambiguous political will -- across the government and across all political parties -- to take the necessary steps.
Whether Romania really has this political will is, frankly, an open question at this point. We'll soon see -- after all, Romania will need to pass innovative legislation to give prosecutors and police the necessary tools with which to fight the increasingly sophisticated and pervasive phenomenon of corruption.
One of these tools is the ability of investigators to conduct undercover activities in order to carry out corruption prosecutions. Romania has taken steps toward giving law enforcement the authority to use this technique effectively. We hope this process will soon be completed. I know that Romania's recent past raises concern about such investigative methods. But many democracies use these methods with clear regulations and accountability.
It's also important that witnesses in corruption cases -- and their families as well -- be given adequate protection from the threats to their safety issued by those against whom they testify. Romania's Criminal Code and Criminal Procedural Code also need to be amended to offer some form of plea bargaining to accomplices with lesser criminal responsibility in exchange for their testimony. Similarly, the Criminal Procedural Code should provide for some form of immunity from prosecution to be offered to those who may have committed lesser offenses, but whose evidence is critical to the success of the case.
Finally, international cooperation is absolutely essential to fight corruption effectively. For that to happen, laws against corruption must be consistent, and their implementation must be unquestioned.
The workshop that we begin this morning is important in examining these issues, and, more broadly, how you as judges can counter corruption in Romania's judicial system. This is critically important to your country. When corruption is allowed to penetrate Romania's judicial system -- even in a single instance -- public confidence in Romania's justice system is eroded. But it's also critically important to you as judges. For public confidence in Romania's justice system reflects directly on you. Simply put, it's your authority, your position, and your life's work that is at stake.
In my four months in this country, I've seen a number of surveys that show how widespread the Romanian people believe corruption is. No doubt you've seen the same surveys. Some of them suggest that the courts are among the most corrupt of Romania's institutions.
I'm very much aware of the problems that you face in ensuring that justice for Romanians is timely, effective and truly fair. Some courts face an incredible caseload. Court and case management procedures are often cumbersome and antiquated. And training and techniques haven't proven adequate for large and complex court cases involving corruption and organized crime to be handled effectively.
I don't think these factors are adequately understood by the public or, indeed, by Romania's media. Without appearing defensive, it's probably important that you find a way to educate the media on the problems that you face in delivering justice. Ultimately, however, only a better functioning court system will end the criticisms that are often played in the press. That means that the legislative and other reforms that I mentioned earlier need to be expedited, and that court decisions, once reached, need to be enforced vigorously.
I trust you are aware that the U.S. government strongly wants to be your partner in effecting the changes that you will discuss at this conference. We're eager to help Romania strengthen the rule of law for several reasons. Rule of law anchors democracy, and ensures that Romanians see themselves as having an equal right to impartial social justice. It can help create a climate that attracts more foreign investment -- a critical need in this country's economic development. And it can help stop the trafficking in humans, drugs and weapons that seek to undermine society in this often-dangerous corner of the world.
Through training provided by the U.S. Agency for International Development, we help develop the professional skills of judges. We promote court administration reform to ensure swifter justice. And we work to develop alternative dispute resolution processes. The American Bar Association's Central and East European Law Initiative -- which also is supported by USAID -- is working in these areas and to strengthen your judges associations, establish codes of ethics for magistrates, and generally to promote a more independent judiciary.
Training in these areas is also being provided through State Department Public Diplomacy funds. And the U.S. Department of Justice is providing training to the law enforcement community. It's also assisting in legal reform efforts related to drug trafficking, witness protection, money laundering, cyber crime, human trafficking and many other areas. Finally, the U.S. Embassy's Resident Legal Advisor -- part of our Department of Justice's Overseas Prosecutorial Development and Training Section (OPDAT) -- is helping build a legal and ethical infrastructure to deter public corruption, and to develop Romania's capacity to investigate and prosecute public corruption cases.
We will, of course, offer our partnership to the National Committee for Preventing Criminality to ensure that committee members have the training and tools needed to operate effectively under the National Action Plan.
You don't need me, an outsider, to tell you that the challenge of rooting out corruption in this country is, in a word, awesome. You know that through living here. I know in turn that you, as judges, have a crucial role to play, and one that involves considerable courage. I hope you will be persistent and dedicated in this task. I also urge that, instead of being patient, you'll be energetic and empowered in your efforts to create a more democratic Romania, where rule of law, social fairness, and justice prevail.
Again, thank you for inviting me to join you this morning. I wish you great success.