Cazul Silviu Rogobete. Despre dreptul la reputație în practica Colegiului CNSAS
The Case of Silviu Rogobete. On the right to reputation in the jurisprudence of the National Council for the Study of the Securitate Archives

Summary/Abstract: The study analyzes the “Silviu Rogobete case” as a “semi-hidden” example of infringement of the right to reputation. I describe the offensive character of the language used by the certificate given by the NCSSA which established that the (then) diplomat “cannot be named as an employee/collaborator of the Securitate”. I list several instances in which the disclosure of the names of agents and collaborators of the political police after the fall of communist regimes unfairly affected the reputation of some personalities. I discuss several cases of this kind that have generated complaints to the ECHR. I questioned the credibility of the decisions of the NCSSA, over a long period of time, regarding the collaboration or non-collaboration with the Securitate of several individuals subject to verification by the NCSSA. I commented on the specifics of the “Silviu Rogobete case” and, as related to it, the responsibility of the NCSSA towards respecting the right to reputation of the verified persons. I argue for the need to extend the legislation on disclosure and access to one’s own file to offer more protection of the right to reputation, a component of the right to private and family life (Article 8 of the European Convention on Human Rights).

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