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rT ansitional Justice and Democratic Consolidation in post-communist aE stern uE rope:
Romania and Albania.
On the other hand, Romania initially had an active political prisoner’s association that with
time started to falter. As Stan (2013) reports: “[t]he Association of Former Political Prisoners in
Romania (Asociaţia Foştilor Deţinuţi Politici din România), constituted in 1990 in Bucharest, had
branches throughout the country and a membership that reportedly diminished from 98,700 in
1990 to 45,000 by 2000.” This has often been the case in other CEE countries and variables such
as time, age, and political divisions have all been instrumental in the failure to sustain political
momentum.
On behalf of this alliance of former political prisoners, senator Constantin Ticu Dumitrescu:
promoted lustration through his Bill on Access to Files and Unveiling the Securitate as
a Political Police which, in its original version, permitted citizens to read the secret files
compiled on them by the Securitate and asked public officials and electoral candidates
unveiled as former secret agents to give up their posts or renounce the electoral race. After
bitter debates, Parliament stripped the bill of its lustration stipulations. When the bill was
adopted as Law 187/1999, Dumitrescu was so dissatisfied with the changes operated by the
house that he refused to accept the text’s paternity (Stan 2000).
The most successful period regarding the calls for necessity of lustration in Romania was
between 2005-07, where the Liberal-Democrats ruled the country. As Stan (2011) recalls:
[i]nspired by Bulgarian efforts, in 2006 Romanian journalists launched a Clean Voices
campaign to identify secret agents from among television reporters, press contributors,
and talk-show hosts. In response, Liberal legislators presented a lustration bill, the
opposition lodged its own anti-nomenklatura legislative proposal, intellectuals, academics,
and civil society representatives called on former and current spies to unveil their ties
to communist and post-communist intelligence services, and many politicians admitted
to past collaboration or were unmasked as former spies. More importantly, civil society
groups convinced the Chamber of Deputies leaders to jointly organize a public debate
on “Lustration: Principle or Instrument” on 25 May 2006. Besides legislators and ordinary
citizens, representatives of 10 civil society groups—including the Timişoara Society, the
Civic Alliance, and the Association of Former Political Prisoners—stated their position on
this important transitional justice practice.
Thus, consistent to my thesis here, Romania and Albania shared same civil society vocation for
lustration and other forms of radical break with communist pasts, given the similarity of their
communist regimes, but there was little political will to see through enactment of legislation,
pursue real trials that would purge or consistently ban from office former nomenklatura members
and other transitional justice mechanisms. Below I will expand on these in Romania’s case.
Romania’s transitional justice measures
Romania’s trials opened up with the show trial of former Communist dictator Nikolae Caushesku
and his wife Elena that ended up with their summary shooting and is still going on today. The last
trial in Romania is against Ion Ilesku, the former communist-turned-democrat, responsible for the
trial against Caushesku, who in April 2019 is getting charged with crimes against humanity for
events that took place in 1988, together with deputy Prime Minister Gelu Voican Voiculescu and
former Air Force Cdr Iosif Rus.12 The trials against former members of communist nomeklatura
have started since 1989, immediately after the fall of the ancien regime. Civil society from
those earlier days was very much supporting and making calls for such swift trials as a clean
12. https://www.bbc.com/news/world-europe-47858664
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