Raed Arafat lashes out at smuggling case: “Artificial construction of charges, bad faith approach”
Raed Arafat reacts again regarding the criminal case in which he is accused of smuggling in connection with the replacement of the crashed helicopter in the Republic of Moldova. The head of the Department of Emergency Situations claims that the accusations are baseless and contradicted by official documents, which he made public on Thursday, April 23.
Raed Arafat denies smuggling allegations. PHOTO Inquam Photos Octav ganea
“Given the repeated requests for information regarding the criminal file regarding the alleged smuggling by helicopter, I formulate the present clarifications as a person under accusation, in the exercise of the legitimate right to defense, enshrined by law. This approach is carried out in consensus with my lawyers and does not in any way represent an affront to justice or the activity of the judicial bodies, towards which I reaffirm my full availability of cooperation. As a result of the official communication of the accusation, I have requested, institutionally, clarifications regarding the factual situation”, explained the head of the DSU on Thursday in a post on Facebook.
Raed Arafat says that he was informed that all aspects related to the conditions of the takeover of the helicopter were the subject of official communications with the General Directorate of Customs and ANAF, both before and after its takeover by the IGAv:
“Explicit instructions were requested regarding the applicable procedure, including regarding the customs procedure, and all steps were carried out exactly, in accordance with the instructions of the competent authorities.”
The head of the DSU shows that, as early as 2021 and 2022, he corresponded with state institutions regarding applicable procedures, including customs, and that the transparency of these steps excludes any idea of clandestine activity
“This information has been officially communicated to law enforcement agencies as early as 2021-2022. In support of the above, I am attaching pictures of the relevant correspondence. Under these conditions, where all activities were carried out transparently, with the direct consultation of the state authorities, the formulation of accusations of smuggling is not only unfounded, but deeply contradictory in itself. Smuggling implies, by definition, clandestineness. To talk about an alleged “smuggling” carried out through official correspondence and with the involvement of state institutions amounts to an obvious distortion of reality and the meaning of the law”, Raed Arafat also said.
Raed Arafat accuses “an artificial construction of accusations”, “the result of a bad faith approach”
According to the head of the DSU, what is trying to be presented as a crime absurdly takes the form of a “contraband for the state” – a real “altruistic smuggling”a concept that has nothing in common with the rationales of criminal law:
“Moreover, it should also be taken into account that, according to the classification solution ordered by the DNA, the suspicions regarding the existence of a bribe or an abuse of office were removed, which makes it all the more difficult to understand the maintenance of an accusatory construction that ignores the conclusions already obtained from the previous criminal analysis. This artificial construction of accusations can only be interpreted as the result of a bad faith approach, where known and documented facts are deliberately ignoredt”
Raed Arafat also says that it is essential “to clearly state that the helicopter was brought in in 2017, at a time when IGAv was not fully under my coordination”.
“Moreover, the administrative aspects invoked in the case did not come under my coordination at that time, they only come under my sphere of coordination starting in 2020, following the changes brought by the emergency ordinance”, adds the head of the DSU.
“My placement in a scheme of presumed criminal liability has no real factual support”
Raed Arafat also says that it is necessary to clearly show that, according to the applicable legal framework, “insurance contracts, policies, ordinances and other documents related to such procedures are not signed by the secretary of state“.
“These procedures are carried out at the IGAv level, according to the powers established by the legislation in force. In these conditions, regardless of the factual situation or the legal interpretation that would be tried to be given to these operations, my inclusion in such a construction of responsibility appears to be exaggerated and without a foundation rhe Therefore, placing me in a scheme of alleged criminal liability for administrative activities related to a period in which they were not under my coordination and which, moreover, did not fall under my direct competence to sign or approve, has no real factual support.” it shows in the same post.
Searches at the Department of Emergency Situations. The phones of several employees were seized by prosecutors. DSU reaction
“The aim is to denigrate at any cost both my person and my image, as well as the activity of DSU”
Raed Arafat accuses that attempts are being made to denigrate him and the Department of Emergency Situations:
“Inevitably, the conclusion that emerges is that the aim is not to establish a legal responsibility based on concrete facts, but to denigrate at all costs both my person and my image, as well as the activity of the DSU, based on predetermined accusations. Such an approach goes beyond the limits of an objective investigation and raises serious questions regarding the observance of the principles of legality, proportionality and good faith. I trust, however, that an objective and responsible analysis of all the existing documents will lead to the rapid clarification of the situation and the restoration of the truth”.
The DSU chief's post is accompanied by several photos, about which Raed Arafat explained:
1. IGAv's address to the General Directorate of Customs (26.09.2017) – document by which the General Aviation Inspectorate requests, before taking over the helicopter, official clarifications regarding the customs formalities applicable to the introduction into Romania of the aircraft received as compensation.
IGAv address to the General Directorate of Customs. PHOTO FB Raed Arafat
2. The response of the General Directorate of Customs / ANAF (03.10.2017) – document through which the fiscal-customs authority communicates the regime applicable to the operation and specifies the necessary conditions/formalities, including the reference to the T2L document for confirmation of the union status.
The response of the General Directorate of Customs PHOTO FB Raed Arafat
Raed Arafat rejects allegations of fictitious employment: “The information that has appeared is either false or taken out of context”
3. IGAv subsequent correspondence with the tax authorities (22.11.2017) – message to transmit the T2L form received upon delivery of the helicopter and to request confirmation that the documentation is complete and that no further formalities are required for the correct receipt of the aircraft.
Further correspondence IGAv PHOTO FB Raed Arafat
4. Extract from GEO no. 1/2014, before and after the 2020 amendment – comparative document that shows that, prior to the 2020 legislative amendment, the coordination on the IGAv in relation to the Department for Emergency Situations did not have the integral form subsequently established, and only after the amendment does the clear inclusion of the IGAv appear expressly in the coordination of the Secretary of State, head of the DSU.
Extract from GEO no. 1/2014. PHOTO FB Raed Arafat
We remind you that Raed Arafat was indicted by military prosecutors in a case related to a helicopter purchase made in 2017.
