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The Romanian state has fulfilled its duties, in full compliance with applicable law and international instruments, says the Ministry of Justice, which on Tuesday made several clarifications related to the extradition of Radu Mazăre from Madagascar. This, in the conditions in which Radu Mazare – located in the Rahova Penitentiary, where he is serving a sentence of 9 years in prison – sent a press release claiming that he should be sent back to Madagascar based on a decision of the Anatananarivo Court , which judged the case of his extradition.
Radu Mazare sent a press release on Monday stating that he must be sent back to Madagascar based on a decision of the Anatananarivo Court, which judged the case of his extradition and decided that the procedure was illegal, according to alephnews.ro .
The Ministry of Justice sent several clarifications on Tuesday related to the extradition of the former mayor of Constanța, alleging that the Romanian state has complied with its powers, in full compliance with applicable legislation and international instruments.
MJ also says that extradition is a sovereign act of the requested state, being any interference, beyond a serious violation of diplomatic norms, a violation of the sovereignty of another state and the principles of international law. Therefore, the way to resolve the extradition request could not be verified in any way by the Romanian state, according to the ministry.
Details sent by the Ministry of Justice:
- “Following the information received from the Center for International Police Cooperation on the location of Mr. Mazăre in the territory of the Republic of Madagascar, the Ministry of Justice issued on May 10, 2019 the extradition request addressed to the Ministry of Justice of the Republic of Madagascar, based on the provisions of the United Nations Convention against Transnational Organized Crime (adopted in New York on November 15, 2000) and the United Nations Convention against Corruption (adopted in New York on October 31, 2003).
- The extradition request and the documents were sent as soon as possible, through diplomatic channels, on May 11, 2019.
- The information approving the extradition was transmitted through the police channels (Center for International Police Cooperation), urgently requesting the requested State that the Romanian authorities take charge of the extradited person until the date set by it. At the same time, we were handed a series of documents, including the one entitled “extraction order” (expulsion order from the penitentiary), an order that can only be issued after extradition is granted and the person can be removed from the prison. penitentiary center. (according to the judicial cooperation law of the Republic of Madagascar).
- According to Law no. 302/2004 on international judicial cooperation in criminal matters, taking possession of the extradited person is the responsibility of the Ministry of the Interior – Center for International Police Cooperation.
- In any form of international judicial cooperation, the resolution of the claim will be carried out in accordance with the law of the requested State, under the conditions and within the terms established.
- The Romanian Ministry of Justice does not have competence, granted by any national or international standard, to intervene or verify the way in which a requested State executes any request for judicial cooperation. Extradition is a sovereign act of the requested State, being any interference, beyond a serious violation of diplomatic norms, a violation of the sovereignty of another State and of the principles of international law. Therefore, the Romanian State could not have verified in any way how to resolve the extradition request. The only possibility we have is to request information on the status of the process.
- Any judicial cooperation procedure, whether based on a convention, a treaty or an international courtesy, is based on a presumption of good faith and on the observance of the norms and principles of international law, and the lack of mutual trust is inconceivable. Each State has the obligation to comply with its own law when responding to requests for judicial cooperation in general and requests for extradition in particular, and contrary conduct cannot be allowed.
- The Romanian State has fulfilled its duties, in full compliance with the applicable legislation and international instruments.
- Radu Mazăre left for Madagascar in December 2017, and there he took steps, according to his lawyers, to obtain asylum. “
The former mayor of Constanza was prosecuted after, on February 8, 2019, the magistrates of the Superior Court of Cassation and Justice sentenced him to nine years in prison for the case of illegal land restitution in Constanza, Mamaia, playa and paseo. maritime.
He was extradited from Madagascar and taken to Romania on May 20, 2019, being incarcerated in the Rahova Penitentiary.
