Moldova will not give out Romania deputy-democrat Valeriu Gumu put by the Interpol on the international wanted list, but will give to Bucharest the information on its site.
After that the Romanian authorities can demand to legalise in territory of Moldova the decision of the Romanian court which has sentenced deputy Gumu to four years of prison for corruption. Experts say, that Moldova is obliged to execute this punishment in the territory, and public prosecutor ÐÌ should petition for deprivation of the deputy of inviolability.
In reply to official inquiry "Ú-MD" in the Ministry of Internal Affairs of Moldova have informed, that will give to Bucharest the information on an exact site of the deputy of parliament RM from äåìïàðòèè Valeriu Guma, sentenced by the Romanian court to prison term and put by the Interpol on the international wanted list. In department have noticed, that the information will be transferred, proceeding from duties of the Moldavian bureau of the Interpol and according to current legislation ÐÌ. Thus in the Ministry of Internal Affairs have specified, that, according to Constitution item 18 (2), citizens ÐÌ cannot be given out other state. «Citizens of Republic of Moldova use protection of the state both in the country, and behind its limits».
Have besides, noted in the Ministry of Internal Affairs, according to the European Convention on cooperation in the field of criminal justice, the state, whose citizen is put on the wanted list, can give up in its extradition. «Thus the beginning of procedure of an extradition from Moldova to Romania concerning citizen Valeriu Gumy and, accordingly, its delivery to the Romanian authorities is impossible», - have summed up in the Ministry of Internal Affairs. Valeriu Guma also does not threaten to get to a category of "the persons who are wanted», the information on which Ministries of Internal Affairs places on the site. As have noted in department, the information on the persons declared in local or international search on demand of a local police is published in this heading, and only concerning the criminals who have made heavy and especially grave crimes only.
According to the Ministry of Internal Affairs, Moldavian deputy Valeriu Guma is put by the Interpol on the international wanted list for the purpose of arrest and an extradition on May, 22nd this year. In orientation to an Interpol site it is underlined, that 48-year-old Valeriu Guma «it is searched by judicial bodies of Romania for punishment serving for a summer residence and bribe reception»
Valeriu Guma on November, 3rd, 2011 it is sentenced by court of Bucharest to four years of prison for crimes under item 254 and 255 (passive and active êîððóìïèðîâàíèå) ÓÊ Romania. This sentence in June, 2012 was kept in force by Appeal chamber of Bucharest, and on April, 17th this year the Supreme court of the cassation and justice of Romania has rejected protest Valeriu Guma and has upheld the decision passed earlier. Criminal case on charge Âàëåðèó Ãóìû was directed to court in 2008 by National anticorruption department of Romania. One year earlier, we will note, mister Guma has submitted documents on reception of the Romanian citizenship.
In State Office of Public Prosecutor "Ú-MD" have refused to make comments on a situation, having directed with this question in the Ministry of Justice. È the island of Minister of Justice Oleg Efrim has informed «Ú-MD», that while any inquiries from Romania to department did not arrive.
"Ú-MD" has tried to receive the comment from mister Gumy, but the deputy, having learnt about what speech will go, has asked to call back later, has told, that "is now occupied", and has interrupted conversation. The deputy is more on phone calls did not answer.
The vice-chairman of the parliamentary commission on the right, appointments and immunity, democrat Raisa Apolski has informed «Ú-MD», that to the commission did not arrive yet any official inquiries from law enforcement bodies concerning consideration of a question on deprivation of the deputy of immunity. She has noticed, that deputies have learnt that mister Guma is put on the international wanted list only from mass-media. «The commission has no powers to begin any procedures on deprivation of its immunity», - Raisa Apolski has specified.
It was confirmed also with other member of the commission, communist Anatoly Zagorodnyj who has explained «Ú-MD», that the commission can express only after will receive inquiry from the State Office of Public Prosecutor. Thus he has noticed, that the Moldavian legislation does not provide an extradition of the citizens, and considering presence of the deputy mandate at Valery Gumy, it and at all is improbable. «I will not remember a case that we deprived of the deputies of immunity and gave out to their another's country. Yes, there were cases when members of parliament deprived of immunity for suspicions in fulfilment of crimes in territory of Moldova. For example, in the parliamentary mandate of 2005-2009 deputies from an alliance„ Moldova íîàñòðý ”Vasil Koltsa and Ion ×îíòîëîé» have been deprived immunity, - the communist has recollected.
The lawyer Novel Çàäîéíîâ specialising on protection of human rights, has explained «Ú-MD», that in the Criminally-remedial code (ÓÏÊ) ÐÌ procedure according to which the decision of foreign judicial instance can be legalised in territory of Moldova is provided. As he said, Romania should direct corresponding inquiry to the State Office of Public Prosecutor which, in turn, will address in Appeal chamber for óçàêîíèâàíèÿ decisions. Mister Zadojnov has noticed, that in the Moldavian practice not so it is a lot of similar cases, but they are. The lawyer has specified, that the public prosecutor has the right to petition for deprivation of the deputy of immunity as soon as the Romanian party will address to Moldova with inquiry about óçàêîíèâàíèè decisions of court of Bucharest.
Lawyer Vyacheslav Tsurkan specialising on criminal law, is assured, that the interdiction under laws ÐÌ of an extradition of citizens of Moldova does not mean, that they should not bear punishment for the committed crimes. «The sentence has come into force and is subject to execution. National instances should provide inevitability of punishment», - the expert has told «Ú-MD». He considers, that it is necessary to concern a situation easy as business extremely clear, without everyone political îêðàñà - Valeriu Guma it is sentenced for real corruption actions.