THE PURGE OF DIMITRIE G LUPU , AND OTHER MAGISTRATES OF THE HCCJ

Following the text contained in decision 1 of 26 November 1944 of the commission for the elimination of Fascist elements of the judiciary .

Decree no.2425 of 14 December 1944:

THE PURGE OF DIMITRIE G LUPU , AND OTHER MAGISTRATES OF THE HCCJ

Following the proposal contained in decision 1 of 26 November 1944 of the commission for the elimination of Fascist elements of the judiciary .

Decree no.2425 of 14 December 1944

TRANSLATION

The first victim of the purge process was the first president of the court Dimitrie G Lupu, who by royal decree no.2425 of 14 December 1944 following the proposal contained in decision 1 of 26 November 1944 of the commission for the purification of the judiciary ceased to be part of the judicial order, followed by his other colleagues eugen petit, Constantin Macri.

La première victime du processus d'épuration fut le premier président du tribunal DIMITRIE G LUPU, qui par arrêté royal n°2425 du 14 décembre 1944 suite à la proposition contenue dans la décision 1 du 26 novembre 1944 de la commission d'épuration du pouvoir judiciaire cessa de faire partie de l'ordre judiciaire, suivi par ses collègues eugen petit, CONSTANTIN MACRI....N.STEPHANESCU...M.MOSGOS...

PRESS REVIEW OF THE EVENTS OF THE DESTITUTION OF THE MAGISTRATES OF THE HCCJ.

TRANSLATION

“...first deputy to the foreign minister, Molotov, arrived in Bucharest.On the poster of the communist newspaper "Scînteia", I saw these words written in large letters: "Ana Pauker shows us the way": The "second cut" contains part of Minister Pàtràscanu's speech given at the Palace of Justice on the occasion of the installation of the councils of the Bar and the Lawyers' Union, a speech in which he found it appropriate to once again insult, this time directly, the first president of the High Court of Cassation, DIMITRIE G LUPU, to President Macri and to Councillor Petit, saying Minister Pàtràscanu was surprised that they had not submitted their resignations after his speech to the members of the Court of Cassation. First President Lupu, following this attitude of the Communist Minister of Justice, asked for an audience with the King. This hearing was granted today, and , DIMITRIE G LUPU was informed that he would be detained "The last amendment to the Law for the purge of the state apparatus provided that, in order to assess the removal from the judiciary of some members of the High Court of Cassation, the commission should be composed of two members of the Court of Cassation and the Minister of Justice (Pàtràscanu) himself as president. For the other courts, the same commission, but with the possibility of delegating a third counsellor from the Court of Cassation instead of the Minister.Following this provision, the Minister appointed to the commission (as published in today's newspapers) the counsellors from the Court of Cassation, D. Ariton and Al. Ulvineanu, and for Monday (tomorrow) 27 November has ordered to be summoned before it the following members of the Cassation: , DIMITRIE G LUPU, first president, C. Macri and Coman Negoescu, presidents, E. In a statement also published today by the minister, he said that although the former minister, Càpàtînà, had appointed a purge commission which included the first president , DIMITRIE G LUPU, president Mogos and the attorney general Eugen Bànescu, this commission had not worked, and therefore had not carried out any purge. And the minister added in his statement: "I consider any comment superfluous! "This statement causes surprise to all because, as soon as the decree-law of purge drafted by the counsellor Càpàtînà when he was minister, signed by the King, appeared, the present Minister of Justice himself attacked it saying that some of its provisions were introduced by forgery, asking for another decree-law to be made. When, therefore, everyone was expecting an amendment to the decree-law, when the president of the numity commission himself was attacked... ending with dismissal, will result in loss of pension rights. The draft decree also contains the provision that the officials summoned have the right to challenge the members of the commission, according to the rules of criminal procedure";Today, at the Court of Cassation, the solemn opening of the judicial year was very simple and brief. Almost 20 of the magistrates who have done honour to the High Court were missing, some of them having been dismissed, others retired for age limits, under the new law. Of the former presidents, only Coman Negoescu, who presided over the solemnity, remained";In yesterday's newspapers, the text of the decree-law for the prosecution and punishment of those guilty of the country's disaster and that of the decree-law for the prosecution and punishment of criminals and war profiteers was published. After the first decree, the following are guilty of the disaster of the country: a) those who established the dictatorship regime and, having effective political responsibility, endangered

the security of the State by concluding treaties of political alliance with Hitler's Germany, by allowing German operative armies on the territory of the country or by starting the war against the U. R.S.S. and the United Nations; b) those who, through sustained activity in favour of a foreign policy alongside Hitler's Germany, consented to the surrender of Northern Transylvania, etc. The investigation and training of the guilty will be carried out by public prosecutors (magistrates, jurists, members of constituted bodies or professional organisations). The trial of the facts will be carried out by an instantaneous "Special Tribunal", composed of 3 counsellors of the Cassation, drawn at random by the Ministry, and 8 members, of both sexes, drawn at random from persons recommended by the political parties united for government. Decisions will be taken by majority vote, with the minority members also signing the decision, without the right to formulate and give reasons for a separate opinion. The penalty is life imprisonment or hard labour. According to the other decree-law, war criminals are those who : a) subjected prisoners and hostages of war to inhuman treatment contrary to international law; b) ordered or carried out acts of cruelty against the population in the territories where the war was fought; c) ordered or carried out collective or individual repression, as well as those who ordered movements and transports of persons for the purpose of exterminating those transported... g) by leaving the national territory they have placed themselves in the service of Hitler's Germany and have attacked the country in writing, in speech or in any other way. War profiteers are: a) those who, in any capacity, by participating in the conduct of the war, have made illicit wealth, etc. Punishment: from death to imprisonment. Public prosecutors, courts of justice: "Special court" for war criminals, composed of 3 members of the Court of Appeal and 4 judges elected from among the citizens, appointed by the political parties";