Members of the National Integrity Commission (NIC) are preparing a letter to the President of the Parliament of Moldova, Igor Corman, and all the presidents of the parliamentary factions, which qualifies as illegal actions of the President of the institution, Anatoly Donciu. They call for the intervention of MPs to “take note of negligence, abuse of power and multiple violations of law” committed by the head of the institution. “I want to think there is no political element”, reply Donciu.

The letter came into possession ZdG is not signed by the members of the NIC yet, but our sources claim, was coordinated with all members when it was written. The same sources say that Vera Lupu, who originally agreed with the contents of the letter, is on sick leave. Letter is to be sent to the President of Parliament and leaders of all parliamentary factions. “We intervene with a request to take note of negligence, abuse of power and multiple violations of the law admitted by Mr. Anatoly Donciu – President of NIC, in the Commission’s work”, says the letter where NIC members accused head of the institution that would have done illegal in more cases.

Accused of being biased

The letter refers to the NIC meeting of 29^th of May, when “Anatoly Donciu unilateral, abusive, with bias and manifest breach of NIC Regulation, excluded from the agenda of the Commission meeting points 5 and 6, about the examination results control regarding Mr. Urechean – President of the Court of Auditors. On criticisms of Vice-President – Victor Stratila, and the Commissioner – Dumitru Prijmireanu, that law  is violated, President Anatoly Donciu neglected the Committee Regulation and, illegally, gave indication to executor to not present in that meeting materials of checks”.

The letter writers argue that “non-transparent and suspicious is also the activity of the NIC Office, under the direct leadership of President Donciu”. The letter states that Donciu also acted biased in the case of the prosecutor Vasile Gherasimenco, whose wealth has been verified as a result of the referral from the press and after a request by the Security and Information Service (SIS). The letter states that evidence to the prosecutor’s guilt was collected by Commission Vice-President Victor Stratila, and transmitted to the Commission Office, which however presented, repeatedly an act wrongly suggesting that the prosecutor has not hidden his wealth. “After these irregularities, the officer in this case was promoted by President Donciu, in gratitude expressed loyalty to abuses assumed”, write NIC members, who say they have been forced to send themselves a note to the Prosecutor General requiring the prosecutor to be held accountable.

“A very unusual case”

Another case described in the complaint is that of the head of the protection and plant health in the National Agency for Food Safety – Alexandru Ciobanu. In this case, the Commission was informed by the Ministry of Agriculture and Food about a potential conflict of interest acknowledged by the official. “On April 17^th, 2014, the Commission Office presented to Commissioners a draft finding which was showing that there is no conflict of interest in the actions of Mr. Ciobanu, concealing the fact that his father was head of the company that was in conflict of interest. Only after the intervention of members of the Commission was made an Act which demonstrated conflict of interest”, wrote NIC employees.

“A very unusual case related to the ex-judge Arhip. In this case, Commission’s Office   forged the Act of establishing, contrary to the decision adopted by the Commission, so that the act was annulled in court. After this, head of that Department who forged the Act of establishing was evaluated by President Donciu with “very good”, was advanced in skill category, the salary being increased, and submitted to the Government for being awarded with honorary degree”, reads the letter.

In the NIC are formed two camps

NIC members complain about Anatoly Donciu that, “breach of the principle of equality of Commissioners”, totally excluded members of the Commission to improve the legal framework of activity of NIC. Thus, although since April 2013 members of the Commission made proposals related to this issue, bill proposed by Parliament was not discussed and coordinated with members of the Commission. About the fact that this project is already in Parliament, Commission members have found from the website of the Parliament … In this context, it is worth mentioning the situation with project implementation statements online. Starting in October 2013 of this project was held in secret, without being informed Commission members”, reads the letter. “President Donciu hostile attitude towards members of the Commission is imposed to employees of NIC Office, whom President Anatoly Donciu requires not to submit to the Commission members information and documents requested by the Commission members needed in their work. This attitude of the president led to the division of Commission into two camps, one – loyal to the President Donciu, and another – trying to be impartial, fact which Donciu do not accept and blackmail employees by depriving of awards, failure due to salary increases”, say NIC employees.

Personal driver and 150 thousand lei for a firm

The letter writers say that Anatoly Donciu has hired a personal driver, whom he is paying 3,300 lei monthly. He also hired two graduates as lawyers, with a monthly salary of 2,100 lei, without those functions in the staff. “The president believes that the driver’s work” should be paid better than the work of a lawyer”, wrote members of NIC. “From here, quite eloquently, it appears that President Anatoly Donciu pay more attention to his personal interests, that the driver take him to lessons he has at National Institute of Justice and University of European Studies, that the good work of NIC, being absent from work an absolute majority of the time, and during academic sessions, missing for days. In fact, the President Anatoly Donciu is more interested in teaching than leading the NIC. Although absent longer from NIC and does not recover additionally the missed time, in accounting is accounted for and paid full time”, says the letter.

At final, NIC members warn that since the creation of the Commission, second year consecutive, Anatoly Donciu “compromises the Commission’s work by failing to tasks. Thus, in 2013 delayed the scanning process of the statements, and this led to postponement of verifying the statements. Similarly, the selection of company to scan statements was faulty, which, under dubious and unjustified conditions, benefited, by agreement of Anatoly Donciu, a financial benefit of 30% in addition to the basic contract, ie about 150 000 Lei, which is not known for what purpose have been wasted. Based on the above, the President Anatoly Donciu behavior is unacceptable, and further work on the existing formula is unacceptable, jeopardizing the trust of  society, and development partners of the Republic of Moldova”.

“Come and attend the meetings of the NIC and you will see”

ZdG contacted all members of the NIC, to discuss the authenticity of the letter, and also problems within the institution. Victor Stratila, NIC Vice, confirmed that such a letter exists. “Do you think in an organization can be worked like that? With the support of civil society, of the Parliament, we want to solve these problems”, says laconically, Stratila.

Leonid Morari, another member of the NIC, admitted, indirectly, conflict within the institution. “I can not tell you anything. Nobody signed anything yet. I do not know from where you have such a letter. Letter is only when it is signed”, he told us. Asked about problems within the Commission, Morari said: “Watch what is discussed on TV. Come and attend the meetings of the NIC and you will see. Things are obvious”. Dumitru Prijmireanu, another member of the NIC, who has been called several times, did not respond to ZdG calls. Vera Lupu, the fourth member of the NIC, has her phone disconnected.

Donciu: “I want to think it is not a political element”

Initially, Anatoly Donciu did not want to rule on the subject. “When letter will be official, then we will talk. I do not know what is written in it”. I offered to send it to him to take notice of it, and then, to rule. “I can not, I am no longer at work …”. “They must be asked why are they coming with such accusations. No decision on the verification of the declaration was adopted outside the Commission, either. And can not be adopted. I have no right, it would be an absurdity. I want to think there is not a political element in the middle”, says Anatoly Donciu. “I think that this is based on some internal procedures that are not very well established by law and when we have situations of confusion of duties of the President and members of the Commission. Everything is based on misinterpretation of the law. Yeah, and the fact that NIC began to work can be a sign of rebellion. You’ll also see tomorrow (today, no) some interesting cases on some deputy ministers. Divergences are related, I think, to the imperfect legislation, which does not strictly regulate what are competences of NIC members, of the President, of the Vice President. That creates artificial problems”, says head of NIC.

Although he admits that there are problems within the institution. “The situation is such that even in meetings, we have divergences related to internal procedures. Now we have a project with some foreign experts to develop some procedures and clear skills. Everyone needs to know what to do specifically”. Regarding the fact that he is spending too much time at NIJ and University, Donciu said: “I have at NIJ two months throughout the year, twice a week. That’s all. But the law allows teaching. Otherwise I would not have agreed to do this. Other members are participating in teaching, and I have no claims”. NIC’s chief rejected allegations that he would have a personal driver. “Would something like that be possible? This are aberrations. It is not possible. This are insinuations”, he said. ZdG send to Anatoly Donciu the letter and he follows to come with a detailed position on it in future editions.

We will return

Victor MOSNEAG