Acting anti-graft head Nistor refutes closing solution of Certej cyanide mining project16. August 2019. /
The Acting National Anti-corruption Directorate (DNA) head Calin Nistor decided to refute the closing solution issued by the DNA Alba Iulia Territorial Service in the criminal file regarding the Certej cyanide mining project.
“On 6 August, upon examining ex officio the legality and soundness of the closing ordinance issued by the Alba Iulia DNA Territorial Service, the Chief Prosecutor of the DNA (Calin Nistor – ed. n.) decided to refute the closing solution as illegal and ungrounded, to resume and reopen the criminal prosecution,” the DNA informs in a release .
According to the DNA, the procedure demands that the solution of reopening the criminal prosecution be analysed by a court of law, therefore, on 6 August, the justice with the Hunedoara Tribunal preliminary chamber was informed upon.
“The nolle prosequi was ordered on 20 June for the crimes of abuse of office with ill-gotten gains for oneself or for another, negligence in service and forgery and use of forgery in official documents,” the DNA says.
The file was built following a notification lodged by an association that made it public and it is about an allegedly illegal retrocession of a forest land, the DNA adds.
Over 2,000 people have sent the National Anticorruption Directorate (DNA) head Calin Nistor a letter, asking him to take over from DNA Alba the file regarding the mining project of Certej, the Mining Watch Romania organisation informs in a release sent Wednesday to AGERPRES.
According to Mining Watch Romania, the demand comes after the DNA Alba closed without arguments the file opened following the criminal complaint of the civil society, joined with intimations by the Control Body with the Interior Minister, the Senate’s Abuse Committee and the ANAF (National Tax Administration Agency) Timisoara.
“Although we have attacked the closing decision, we believe that on the DNA Alba territorial office there is local pressure of the nature to create suspicion upon the way it deals with these possible offences. Given the circumstances, we find it paramount that the central structure of the DNA take over the file,” the Mining Watch official, Roxana Pencea Bradatan says.
Mining Watch Romania and the Declic Community voice their deep concern regarding the way the “several irregularities and possible offences committed in the opinion process of the greenlighting of the Certej cyanide mining project” are investigated by the competent authorities.
According to Mining Watch Romania, as many as 618 hectares of forest land have been passed from the state’s public property to the private property of Certeju de Sus commune in 2010. Out of these 618 ha, at least 57 hectares have been farmed out to the Deva Gold SA company to be used for the gold and silver exploitation mining project. The same forest is being claimed in court by several peasants gathered in a communal association.
“It is only the forest that stays in the way of the cyanide-mining project of Certej. If it vanishes, two toxic waste tailings ponds will erect above the village,” Roxana Pencea Bradatan adds.
Mining Watch Romania sustains that the denouncement regarding certain criminal deeds being committed by the public servants who have approved the restoration of the property right to the benefit of the Certeju de Sus town hall and implicitly of the Deva Gold was carried out in 2016, after which they submitted similar notifications to the Interior Minister’s Control Body, the Senate’s Abuse Committee and the ANAF Timisoara. In addition, they have asked for an extension of the prosecution suspecting some other related offences.
“From these notices it follows that the re-establishment of the property right in favour of the Certeju de Sus commune was carried out by illegally extracting this forest land from the national forestry fund, by violating the rights of the rightful owners of these lands or by forging public registers within the town hall. DNA Alba closed this criminal file in July, with no legal arguments regarding some of the notified aspects. Moreover, the investigation bodies omitted to explain why the deeds shown by the above-mentioned institutions were not taken into account,” Mining Watch Romania specifies.
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