I must confess that I was pleasantly surprised to learn, directly from the pen of General-Lieutenant Tiberiu-Silviu Dumitrache, head of DGPI, that the General Directorate for Internal Protection (DGPI) has a firm policy of “zero tolerance” towards any acts, attitudes, or manifestations that may constitute disciplinary violations by MAI personnel. Such a principled declaration can only inspire confidence. (And a little confusion, since the main duties of DGPI are not at all related to maintaining the disciplinary state of police officers, firefighters, and gendarmes in MAI. Disciplinary matters are an internal issue of each police unit that exercises employer competencies.)
So, when a general director firmly states that the institution he leads does not tolerate deviations, one can only believe that integrity and respect for the law are golden rules at DGPI.
Well, I thought I would test this declared firmness by asking the Minister of Internal Affairs, Cătălin Predoiu, to hold none other than Mr. “Zero Tolerance,” the head of DGPI, accountable. No, not because I have something personal against him, but because, paradoxically, the response issued by DGPI to a request of mine was a perfect example of deviation from legal norms.
Chronology of Events:
- 26.06.2024: DGPI issues Note no. 001834860 to IGPR (strictly secret, meaning information concerning so-called “national security”) regarding the literary activities on the union’s page by Vitalie Josanu, in his capacity as president of the Romanian Police Union “Diamantul”.
- 04.02.2025: Vitalie Josanu sends an email to MAI, DGPI, and IGPR requesting information, registered at DGPI under no. 1972117, asking for clarifications regarding the existence and institutional path of DGPI Note no. 001834860/26.06.2024.
- 14.02.2025: DGPI formulates response no. NS1991563 to Josanu’s petitions, in which it refuses, without justification, to respond to Josanu’s requests, but ironically assures him that DGPI and Dumitrache have a firm policy of “zero tolerance” towards any acts, attitudes, or manifestations that may constitute disciplinary violations by MAI personnel.
- 17.02.2025: Vitalie Josanu submits a request to Minister Cătălin Predoiu, the direct superior of General-Lieutenant Tiberiu-Silviu Dumitrache, requesting the disciplinary accountability of the DGPI director general.
What did citizen Josanu, the Diamantul Union President, request?
In his information request from 02.02.2025, Josanu asked for:
I. General Information on the Disciplinary Report:
- To be informed of the institutional path of the disciplinary referral material that led to the issuance of Preliminary Investigation Report no. S/486.211 dated 20.12.2024, issued by IPJ Neamț.
- To be provided with any DGPI report that formed the basis of initiating the disciplinary action at IPJ Neamț.
II. Specific Information on DGPI Note no. 001834860/26.06.2024:
- Targeted Activity: To be informed whether DGPI Note to IGPR no. 001834860/26.06.2024 (strictly secret) referred to his activities as union president.
- Legal Basis: On what legal basis DGPI monitored his activities as a union president and for what period.
- Judicial Authorization: Whether DGPI had a court mandate to monitor his activities as a union president.
Excerpt from Josanu’s petition:
I)
I request that you provide me with the route between institutions of the disciplinary referral material in the case (in the case in which the Preliminary Investigation Report no. S/486.211 of 20.12.2024 was issued), without omitting any DGPI Information that formed the basis for initiating the disciplinary action at IPJ Neamț.
II)
In particular, please inform me if:
- The DGPI note to IGPR no. 001834860/26.06.2024 (strictly secret) concerned the activities of the undersigned in the capacity of union president, on what legal basis the DGPI monitored my activities as union president, and for what period;
- Note no. 001834860/26.06.2024 (strictly secret) which formed the basis of the disciplinary investigation sent by IGPR to IPJ Neamț (the case in which the Preliminary Investigation Report no. S/486.211 of 20.12.2024 was issued);
- Whether DGPI had a warrant from a magistrate to monitor my activities as union president.
What Did DGPI Respond, Through General Dumitrache?
Before analyzing DGPI’s response, one must first understand that DGPI is not above the law, and it is not exempt from the obligation to comply with the law (all applicable legal norms), letter by letter. This includes Government Ordinance no. 27/2002 regarding the activity of public service to persons and Order No. 33/2020 on the Activities of Handling Petitions, Receiving Citizens in Audience, and Counseling in the Ministry of Internal Affairs, which do not exclude DGPI from the institutions obligated to issue justified decisions on petitions from individuals and legal entities, indicating the legal basis of the response provided, especially when the request concerns a potentially illegal DGPI interference in the right to private life, protected by Article 8 of the ECHR.
Excerpt from DGPI Response No. NS1991563 dated February 14, 2025:
“Regarding your petitions, registered with the General Directorate for Internal Protection (DGPI) under number 1972117 of 04.02.2025, and number 1974786 of 05.02.2025¹, respectively, we thank you for the reported issues. We would like to inform you that these issues were verified in strict accordance with the duties and powers established by Government Emergency Ordinance no. 76 of 2016 regarding the establishment, organization, and operation of the General Directorate for Internal Protection of the Ministry of Internal Affairs, approved with amendments and additions by Law no. 194 of 2017, and in relation to the provisions of Law no. 182 of 2002 and Government Decision no. 585 of 2002.
We would also like to assure you that the General Directorate for Internal Protection carries out its activities with respect for fundamental human rights and freedoms, the principles of legality, neutrality, impartiality, and political equidistance. Furthermore, in accordance with the duties and powers established by law, it is firmly determined to show zero tolerance towards any actions, attitudes, or manifestations that could place the personnel of the Ministry of Internal Affairs in the area of disciplinary, contraventional, or criminal offenses.”
Article 41 of the Charter of Fundamental Rights of the European Union (CFR), which refers to the right to good administration, establishes in letter c): “the obligation of the administration to provide reasons for its decisions.”
That means that the administration must clearly, convincingly, and specifically justify decisions that refuse to disclose information regarding an interference (proven) in a fundamental right to private life, as the petitioner is fully entitled to obtain clarifications and formulate an opinion on whether DGPI’s interference was legal or illegal.
Instead of providing a well-founded and legally justified response in accordance with OG 27/2002 and OMAI 33/2020, DGPI considered it sufficient to send me an evasive and dismissive letter, in which it refused, without justification, to answer my requests. In other words, the institution responsible for ensuring integrity in the Ministry of Internal Affairs managed the remarkable feat of ignoring the very law it claims to enforce with “zero tolerance.”
To dispel any doubts, I verified the applicable legislation. Law no. 51/1991 on national security and OUG 76/2016 on DGPI organization contain no provision allowing the secret surveillance of union leaders. And yet, this is exactly what DGPI seems to have done, without a magistrate’s warrant and without respecting its obligation to inform the targeted person. This represents a serious violation of Articles 8 and 10 of the ECHR.
In the face of these facts, I have determined that General-Lieutenant Dumitrache cannot be allowed to exclude himself from the rules of discipline. So, I did what DGPI encourages us all to do: I reported a possible disciplinary violation and requested that he be held accountable.
I am eagerly waiting to see whether “zero tolerance” applies only to union leaders or also to those at the top of the hierarchy, as is the case here with the distinguished head of DGPI.
In any case, civic spirit requires perseverance, and I am determined to go all the way. Because, isn’t it true? Respect for the law is not optional – not even for DGPI. Zero tolerance!
Vitalie Josanu
President of the Romanian Police Union “Diamantul”
PS: I found a photo of the esteemed General, head of DGPI, here:
Full link to the article, here:
https://ziare.com/recorder/recorder-puterea-umbra-seful-dgpi-tiberiu-silviu-dumitrache-ginere-liviu-luca-1782924
