Romania: Prosecutor Halts Investigation into Blackmail Campaign Against Journalist Emilia Şercan

Controversy arises as legal proceedings end, raising questions on judicial integrity and press freedom

Location: Romania, Bucharest
Date: November 3, 2023

The Bucharest Court of Appeal Prosecutor's Office (PCAB) abruptly terminated its investigation into a blackmail operation against Emilia Şercan, a prominent investigative journalist. This sudden closure, following a directive from the General Prosecutor's Office, has raised serious concerns about judicial procedures and the protection of press freedom in Romania. The Coalition For Women In Journalism expresses unwavering support for Emilia Şercan and stands in solidarity with her. We strongly condemn the acts of harassment and intimidation she has endured. We urge the Prosecutor's Office to reopen the case and further investigate the case.

Emilia Şercan, a renowned freelance journalist and senior lecturer at the University of Bucharest, has been at the forefront of unmasking academic fraud among Romania's elite. Her investigative work, which revealed plagiarism in the Ph.D. thesis of the Minister of Interior, brought her into the crosshairs of a political kompromat — a damaging campaign employing compromising material for manipulation or blackmail. This campaign, believed to be orchestrated by elements within one of Romania's ruling parties, involved leaked evidence from the Criminal Investigation Services.

The closure of Şercan's case came swiftly, merely 22 days after the 4th District Prosecutor's Office decided to cease its investigation into threatening emails sent to her, citing a lack of public interest. These threats were closely tied to Şercan's investigations into plagiarism allegations against Prime Minister Nicolae Ciucă. The decision to close the case followed a statement by a primary suspect in early September, who later invoked his right to silence to avoid self-incrimination. Notably, Şercan's attorney was not informed about these critical hearings, violating procedural norms.

The swift conclusion of the case, orchestrated by the General Prosecutor's Office, has prompted Şercan to plan an appeal, although prospects for success appear slim. The appeal must go to the chief prosecutor of the PCAB, deepening concerns about the independence of the judicial process, especially in light of the upcoming presidential elections involving Nicolae Ciucă.

Adding to the controversy, Şercan was not informed about the merging of investigations related to the leak of police photos with those involving their upload on adult websites and subsequent media republication. This decision's integrity is questioned due to alleged connections between the implicated parties and media entities.

Prosecutor Nicoleta Rotaru's ruling that offenses such as leakage of confidential police information and invasion of privacy are not crimes under Romanian law has sparked fears for privacy rights and the handling of sensitive evidence. Furthermore, the PCAB's dismissal of allegations of abuse of power and computer fraud in this case and the expiration of the statute of limitations for unauthorized computer access has only intensified these concerns.

The handling of this case raises concerns about the leak of evidence by the police and the subsequent burying of the investigation by the Public Prosecutor's Office. Despite Şercan's repeated requests for essential evidence to be administered, the PCAB failed to identify the perpetrators and establish guilt.

The Coalition For Women In Journalism stands firmly with Emilia Şercan. We maintain regular communication with Emilia Şercan and continue to document and monitor the scrutiny she faces. We denounce the rushed closure of the case and the resolution of this legal issue, as directed by the General Prosecutor's Office and carried out by the Bucharest Court of Appeal Prosecutor's Office. We express serious concerns about the integrity of the justice system and the safeguarding of individual rights and question who the justice system is genuinely protecting in this scenario. Furthermore, we strongly urge the Prosecutor's Office to reconsider their decision, reopen the case, and conduct a more thorough investigation. 

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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