The Decision of the Government no. 731 was adopted in 2006, on the take over by the National Council for the Study of the Archives of Security of the documents preserved by the Ministry of Defense. The note of fundament was signed by the minister of Justice and the minister of Defense.

According to the Decision of the Government, the Ministry of Defense through the Armed Forces Historical Service, the Directorate of Military Courts and the military courts from Timisoara, Cluj Napoca and Iasi will give to the National Council for the Study of the Archives of Security, the archivist fond taken from the ex Department of Security of the State, respectively from the Romanian Intelligence Service kept by the former bodies of security, according to the Law 187/1999 on the access to the own file and de-conspiration of the communist political police, with modifications and completations.

According to the art. 3 of the same document, the hand and receive of the files will be based on the protocols between the Ministry of Defense and the National Council for the Study of the Archives of Security.

The protocols were signed by the minister of Defense and the president of the College of the National Council for the Study of the Archives of Security; and their representatives arrived at the military courts headquarters and at Cernica Office of Archives and signed the adequate documents for the receive.

These archivist fonds have been taken in 1991-98 from the Romanian Intelligence Service according to the Decision of the Government no. 1134/1990.

Till now, integrally they handed the files created by the former Directorate 5 that have been in custody of the Minister of Defense and more than 3,000 volumes from the military courts and Cernica Office of Archives. The handing and receiving process will run according to the stipulations of the signed protocol.

By the Decision of the Government no 663/1990 they repealed the Decision of the Council of Ministers no 1310/1954 on the preservation of different judicial files and the take over from the Romanian Intelligence Service by the specialized directions of the military courts was based on the protocol signed in this respect.


As regarding the statement of the Press Office of the Ministry of Justice, the Ministry of Defense wrote the Ministry of Justice that according to art. 1 of the Decision of the Supreme Council of Defense of the Country no. 60 from April 2006, the Ministry of Defense, the Ministry of Administration and Interior, the Romanian Intelligence Service , the External Intelligence Service and the National Archives are obliged to hand over the documents on the former Security to the National Council for the Study of the Archives of Security. So, the Ministry of Justice was not included in the list of the institutions with such obligations.

In the same time, the Ministry of Justice was announced that, in that time, the hand over and receive to the National Council for the Study of the Archives of Security of the archives kept by Cernica Office of Archives and the military courts were running thus, one can not be justify the stop of this process and a future hand over trough the Ministry of Justice.

MoD Press Office