Romania: Court Grants Emilia Şercan Access to Police Academy Archives
The court's ruling represents a significant win for the promotion of open access to information that is in the public interest.
Location: Romania, Bucharest
Date: December 14, 2023Updated: March 8, 2024
Women Press Freedom stands firm with Emilia Şercan, a renowned investigative journalist, calling out the ongoing obstruction by authorities in the investigation into a smear campaign against her. A significant ruling by a Bucharest court has sided with Şercan, compelling the Romanian Police Academy to grant her access to its archives. This decision stands as a crucial victory in advancing the accessibility of public interest information. This latest legal success further bolsters Şercan's track record of triumphs, as she has adeptly navigated multiple cases affirming that the law should not constrain her right to public interest information. We commend the court's ruling and advocate for Şercan to be provided with complete access to all necessary information, empowering her in the defense of freedom of expression and the pursuit of justice.
In a landmark decision, a Bucharest court has ruled in favor of journalist Emilia Şercan, stating that the Romanian Police Academy must allow her access to its archives. This ruling represents a significant win for the promotion of open access to information that is in the public interest.
Following her success in a legal battle concerning her right to access public information, Şercan took to Facebook to share the news of the court's directive for the Police Academy to grant her access to all doctoral theses from the institution.
This recent legal triumph adds to Şercan's string of victories, as she has effectively litigated numerous cases asserting that her right to access information of public interest should not be restricted under Law 544/2001.
On December 18, fifty journalists joined Şercan in Bucharest to protest against the recent decision to close the investigation into blackmail she was targeted with. For thirteen consecutive days, Şercan had stood alone in front of the General Prosecutor's Office and the Prosecutor's Office of the Bucharest Court of Appeal, holding one of her personal photos that had been repeatedly published as part of an organized action of intimidation against her.
For close to two weeks, Şercan protested in front of the General Prosecutor's Office and the Prosecutor's Office of the Bucharest Court of Appeal. She was protesting against the court's decision to close the case regarding the threats and intimidation she faced while carrying out her journalistic duties. On the 15th day of protest against the decision to close the kompromat case, about fifty journalists joined her in solidarity.
Şercan's investigative work, which exposed plagiarism in the Ph.D. thesis of the Minister of Interior, made her a target of political kompromat. This malicious campaign, suspected to be orchestrated by people within one of Romania's ruling parties, involved the release of compromising material obtained from the Criminal Investigation Services.
Despite battling the elements and even a cold, Şercan has dedicated two to three hours every working day to this cause since November 24. The reporter alleges the investigation was not conducted properly, with essential criminal prosecution documents either neglected or manipulated to favor the guilty parties and bury the truth.
The blackmail case revolves around the disclosure of Şercan's personal photos, which were leaked from the Romanian Police in what she suspects to be an intelligence operation. The journalist's protest is not only against the closure of the case but also against the impunity that the prosecution institution seems to offer to those involved in compromising her.
The decision to close the case has been met with widespread criticism, as the prosecutor found that three of the offenses Şercan complained of did not exist, while four others were deemed not covered by criminal law.
One particularly shocking decision in the case came from a prosecutor who claimed that the repeated publication of intimate photos was not a violation of privacy. The prosecutor failed to acknowledge the intent, premeditation, and continued form of the act, asserting that publishing intimate photos taken at home does not infringe upon a citizen's privacy.
“The decision is a huge act of injustice”
"The decision is a huge act of injustice," Şercan asserts, explaining her unwavering commitment to protest daily in front of the prosecutor's office, clutching one of the photos that a prosecutor deemed non-violative of her privacy.
Şercan anticipates receiving the confirmation of the classification solution from the Prosecutor General of the Prosecutor's Office of the Court of Appeal of Bucharest in the coming days. This comes after international organizations sent a public appeal to the General Prosecutor of Romania, Alex Florin Florența, urging him not to close the case and to transfer it to the General Prosecutor's Office. Unfortunately, the classification decision was dated two days prior to the public letter's submission, raising questions about the timing and transparency of the process.
Women Press Freedom stands in unwavering solidarity with Emilia Şercan. We strongly condemn the harassment she has faced and commend the court's decision to grant her access to crucial information in her pursuit of justice. Those responsible for intimidating and threatening Şercan must be held accountable for their actions. It is crucial that journalists are protected from such unwarranted attacks, as press freedom is essential for upholding democratic values and fostering a better future. We urge the Romanian government to prioritize the safeguarding of press freedom. We will continue to diligently monitor Şercan's case as she continues her protest. Her unwavering determination serves as a reminder of the importance of justice and accountability in a democratic society.
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