Illegal logging in Cluj county

In the first century, Romania used to have 80% of its territory covered by
forests. After 17 centuries have passed the woods were massively cut, a fact which
led to the reduction by half of the surface covered by forests by 1800. In 2011, the
Ministry of Environment declared that Romania has only 30% forest coverage, which
is a very low value compared to the numbers belonging to other European countries
like Slovenia (with 63%), Austria (with 47%), Bosnia (with 43%) and Slovakia (with
41%). Even the European Union, as a whole, has a higher amount of green land
than our country, 42%.
This situation does not look better in the Cluj county where in 2008 the forest
percent was 21.8. This number is one of the lowest compared to the other counties
with almost the same geographical conditions. Cluj, as a hill based region, has
almost the same percent as the counties situated in the plain regions.
This deforestation problem is not a new one as it has been the target of a lot
of national and international disputes, news and campaigns. The speed of forest
cutting on the planet is about 10 hectare per minute. What we are dealing with here
is either pure criminal activities (logging without official permissions, timber theft,
falsification of documents, financial crimes, usage of the violence against local
people, outrageous law violation by authorities and corruption) or mass public
illegal activity in forests by poor peoples, looking to provide their basic needs food
and fuel or lack of law enforcement. The most probable situation is a mixture of all
of the situations above.
However, defining the issue is not even a close step to solving it in this case
as a lot of processes get into court and somehow disappear or get delayed. The only
way we can stop this from happening is by identifying the root cause of the problem
and then pursuing treatment. The local conflict is of course linked with the national
one but in the end it is all a matter of the people involved. These participants have
their own values and ways of interacting, which can give us a clearer image on how
the conflict will evolve. If we split it and analyze it as a structure and process, its
magnitude will not seem so large and punctual solutions will arise.
In my research I will seek to find out which of the situations above we are
dealing with locally, who are the main actors (companies, lawyers, rangers, etc) and
how they interact with each other and what could be the practical solutions. Is this
just a matter of ignorance and lack of interest among the public or is it an entire
mafia acting behind these falling numbers?
Literary review
The literary reviews that I have taken into consideration are on one hand to
identify the major causes for illegal deforestation and on the other hand to see the
methods use by different countries, authorities and experts in identifying the
correlations and thus finding solutions in the end.
First of all, I selected a report that addresses governance and corruption
challenges in schemes for Reducing Emissions from Deforestation and Forest
Degradation (REDD) which is made by U4 a resource center made by different
countries to address corruption challenges. To see how the situation is in other

continents I have selected case studies from Bangladesh, Greece, Madagascar and
Australia where illegal deforestation is at large. To extend the search I selected a
paper on how improved governance contributes to sustainable forest management,
a report from WTO on how trade influences deforestation and a study on economical
causes of illegal deforestation study by Arild Angelsen and David Kaimowita. For our
country, in particular, I will mention the facts from a report on forest cutting from
2009-2011 about the gravity of the situation in Romania made by Greenpeace and
the Romanian plan to combat forest cutting.
In the report about governance and corruption, the elements found that
trigger an illegal behavior, in this sector, were all correlated with corruption. This
can be divided into 3 stages: land planning, harvesting and transportation. In the
field of land planning the interest groups can bribe the public officials to skew
design and implementation of land use plans, or the large scale farmers can use this
method for subsidies and in this way they deliberately use the land inefficiently. In
case of harvesting loggers can bribe officials to harvest without legal permits or not
to mention over-harvesting. However, in transportation, the loggers can bribe the
officials ignore the movement of illegal wood.
The report also states that corruption ironically can be good when the price
that has to be paid for bribes is so high that it discourages the evil doers.
In Africa, especially in Madagascar, there is rampant illegal deforestation as a
result of slash and burn techniques, conflicts over land, increasing cost of fertilizers,
and poor productivity. Most of the causes of deforestation, including logging, land
conversion to agriculture, wildfires, cutting down trees for firewood, and conflict
over land rights tend to be caused by increased population growth and a need for
more land mostly for agricultural production. Most of the deforestation in low
income countries is carried out via slash and burn. Slash and burn is an agricultural
technique that involves the cutting and burning of forests to create fields. It is a
practice that has existed for hundreds of years as it requires little technology or
tools because it mainly relies on the use of fire to burn down forests.
In Asia, from the study conducted in Bangladesh, illegal logging was found to
be a complex phenomenon that is being patronized by a local syndicate, functioning
from behind the scenes. Also, the population increase is said to be a general causes
of deforestation, as high population growth and settlement rates have been noticed
in Gazipur, Tangail and Mymensingh districts. Over population and resulting
settlement, also implying the development of road networks and other
infrastructure, has had a negative impact on the forest and its wildlife, continuously
degrading the forest resources.
Another predisposing condition of deforestation is poverty that affects the
majority of people in Bangladesh. These poor and illiterate people cannot find
alternative livelihood opportunities other than extracting resources from the Sal
forests, increasing pressure and illegal logging.
The gap between demand and supply of firewood would easily explain the
national crisis of firewood in Bangladesh. Firewood is collected mostly in
uncontrolled and illegal ways, and as a consequence, species in the Sal forests are
experiencing reduction day by day. The poor people were sometimes being
convicted by the forest officials or the local elites for the theft of trees (if they did
not follow the instructions for illegal felling), even though most of the time the
accusations were false.
Countries, like Australia, dont have a record of illegal activities but on the
other hand have considered it a responsibility to investigate the illegal logging in

other countries because as an importer of the wood it encourages such activities if

it is not careful.
In other tourist countries like Greece the main reason for this phenomenon is
illegal housing and urban sprawl. Illegal housing seems to be high in almost all
neighboring regions to large urban concentrations and in several coastal locations
and remote areas. While in the past, illegal housing activity as a phenomenon was
concentrated in urban and suburban space, resulting in significant negative
consequences to the formation and functionality of cities, nowadays it appears that
illegal housing phenomenon influences wider spatial units.
An analysis, by Nalin Kishor and Arati Belle of cross-section data for 90
countries shows an indirect but strong impact of governance on deforestation,
working through per capita income. However, the evidence to support a direct
beneficial impact of improved governance on deforestation is quite weak. Their
conclusion is that deforestation is likely to be more in countries that are politically
unstable and that democracies are characterized by lower deforestation rates.
However, the constraints found in the study Does Improved Governance
Contribute to Sustainable Forest Management? that limit effective action come
from several factors: a weak and resource constrained forest department; vested
interest
groups,
particularly
commercial
ones,
weak
or
nonexistent
voice/participation of critical stakeholders, poor rule of law and ineffective judicial
land police systems, paucity of useful information and the lack of high-level political
commitment, regional cooperation and collaboration among the producing and
consuming nations. Effectiveness of measures within the forestry sector is likely to
be compromised if the quality of overall governance in the economy is poor,
particularly if the forestry sector is large and has strong linkages with the rest of the
economy.
The review on Rethinking the Causes of Deforestation: Lessons from
Economic Models by Arild Angelsen and David Kaimowitz raises serious questions
concerning the conventional wisdom about the causes of deforestation.
There are some thesis which are formulated to find and explain the causes of
deforestation: population thesis (which says that the growth influences illegal
logging), the poverty thesis that correlates poverty with deforestation), the win-win
thesis (advocated by the World Bank and others, that economic growth and the
removal of market distortions are good for people and forests, finds limited support
in this review). Economic liberalization and currency devaluations tend to yield
higher agricultural and timber prices that, in general, will promote deforestation),
the making-the-forest-valuable thesis (those who oppose boycotts of tropical timber
and other timber market restrictions often claim that lower timber prices will
discourage sound forest management), the tenure security thesis (land titles and
more secure tenure have contradictory effects). This finding contradicts the
conventional thesis of resource and environmental economics that more secure
property rights are good for the environment), the intensification thesis (how
improvements in agricultural technology affect forest clearing cannot be
determined, without information regarding the type of technology and the output
and factor market elasticity)
All types of microeconomic models analyzed in Arild Angelsen and David
Kaimowitz report strongly suggest that higher rural wages reduce deforestation by
making agricultural and forestry activities more costly. They also suggest that, at
the individual household level, greater off-farm employment opportunities produce
a similar effect by competing with such activities for labor.

In the study conducted by WTO on Trade and deforestation the conclusions

suggest that the relationship between agricultural output prices and deforestation is
positive and very robust. Researchers have found that for some countries, increase
in prices of timber will lead to increases in deforestation. However, others have
argued that the effect depends on different conditions. Other drivers of
deforestation should be jointly relevant. Additionally, some researchers argue that
high prices of timber might actually lead to increases in forest plantations.
In the Romanian National Plan for combating illegal logging there are six
types of definitions for this type of activity:
- illegal cutting of protected and unprotected trees
- disrespecting the rules regarding the exploitation of wood
- disrespecting the rules regarding the transport, manufacture and
commercializing of wood
- Embezzlement by putting forward illegal commercial documents regarding
commercialization of wood
- False and use of false activities in this domain
- Black market work
The reasons suggested for such illegal activities are correlated with two main
causes: the wish to obtain rapid high income and the low income of the inhabitants
identified as living in such areas.
Some of the factors which contribute to such activities are:
- Insufficient and incorrect regulation due to the slowness in creating a legal
standard in the forestry domain and the lack of territorial institutions with the
attribution of control in this field
- Inadequate legislation and the disrespect given to it
- Degradation of organizational culture in the forestry administration
Improper protection staff in the field
- Creation of fictive economical tracks
Insufficient staff to control the illegal logging
- Improper implication of the local authorities which have control competencies
- Chaotic development in the manufacturing of wood department
- Diversity of forest properties and small distribution to landlords
- Lack of wood in some regions
- Lack of support from the government
- Exportation of hard to process wood
- Incorrect application of the concept:Sketchy study of arrangement
- The possibility of implication of commercial societies in this field which do not
meet the demands
- Abusive administration by the landlord of his forest property
- Lack of responsibility of the landlord who should imply someone to guard the
forest property
If we take into consideration the report Greenpeace made we will see that in
2009-2011 there were 31,456 cases of illegal logging which were resolved by
different sanctions like: fines and criminal record depending on the gravity of the
act. The authorities that had declarations about these activities the Police who had
the most, the forestry directive and at last the Territorial Inspection for Forests and
Hunting.
The primary methods used in these researches to identify causes in different
places were questionnaire surveys, formal and informal discussions with local
people, expert interviews with key informants drawn from bilateral and multilateral

development institutions, forest relate government departments and ministries,

forest-focused civil society organizations, forest community groups, and the private
sector.
Using these finding the reports have either split the subject into related
variables which constitute models of deforestation. The variables in the case of Arild
Angelsen and David Kaimowitz are: the magnitude and location of deforestation
the main dependent variable, the agents of deforestationthose individuals,
households, or companies involved in land use change and their characteristics, the
choice variablesthose decisions about land allocation that determine the overall
level of deforestation for the particular agent or group of agents, agents decision
parametersthose variables that directly influence agents decisions but are
external to them, the macroeconomic variables and policy instrumentsthose
variables that affect forest clearing indirectly through their influence on the decision
parameters.
Some, like Nalin Kishor and Arati Belle, have based their findings on
secondary data from analysis of cross-section data.
Due to the information available in this field the report conducted in Australia
based the majority of its content on a wide range of published literature, including:
peer-reviewed papers published in criminology, ecology and conservation, and legal
journals, Australian and state/territory government annual, discussion and research
reports, and policy statements, papers and texts of international covenants from
various international bodies, special reports from NGOs and independent think
tanks, proceedings from conferences and summary documents; and media bulletins
and releases. Also the information made available (but not in published form) on
government, NGO and international and intergovernmental body websites was also
referred to and cited.
The research will try to find out which of the situations specified above are
the case for Cluj county. Although, we may come across other causes it is safe to
say that the main aspect that the research will investigate are whether corruption,
poverty, lack of proper governance, low levels of education or high prices of timber
influence the existence of illegal logging. Corruption can be deduced from the
articles in the press, from the concordance between the information from different
sources. Corruption can also take many forms from allowing someone to steal, to
approving false documents that attest the provenience of wood or telling the
thieves when the controls are conducted, all for a share of the pie. Poverty can be
traced down from the background of the people that commit the stealing, from their
records and by asking the lawyers that usually deal with such cases. The lack of
order in the government can be seen from the way the laws are made, the
fluctuation of the staff, the numbers of controls that are conducted, the measures
that are taken and so on. The levels of education are related to poverty and we will
see from the thieves records how many classes they have completed. Moreover,
the lack of public opinion can say a lot about education and the ability to
understand and try to change the current situation. The economical phenomenon of
high prices can be traced from the news updates and the information available on
the internet. This can be correlated with the number of illegal logging cases that
appear from month to month depending on the prices.
Finally, the data in the literary review provides information that supports the
statement that deforestation is primarily thought as a cause at a governance level
which includes lack of correct governance, laws, control and competent regulations
(in the forestry and property sector). On the other side, there is the economical level

which suggests that supply and demand, distribution of incomes, increased prices in
timber and fertilizers, the export-import situation are relevant but on a secondary
level to illegal forest cutting because if the rules were done and implemented and
controlled correctly the economic changes could actually increase the forest
surface. There are even some demographical causes, which accentuate the speed
of illegal cutting which is the growth of the population and thus the need for space.
Research questions
In my report I intend to analyze the illegal logging situation in the last year in
Cluj-Napoca region, especially regarding the villages near the city (Mariel,
Bioara,etc) where the press and authorities have continuously mentioned the
phenomenon. The causes presented in the news sector have derived from theft due
to corruption of the authorities in charge, to lack of administration of the forest land
by the government. The suspects have been said to be the administrators of the
forests and the guards which are aware and encourage the exploitation. Even on the
eve of Christmas the highest number of confiscated trees was in Cluj-Napoca
reaching the number of 11700 and value of 1.1 million lei.
One of the purposes of the research is to define the predominant types of
illegal logging that are going on near the city. As we have seen from the literary
review the phenomenon can take numerous forms from illegal cutting of protected
and unprotected trees to disrespecting the rules regarding the exploit action of
wood, disrespecting the rules regarding the transport, manufacture and
commercializing of wood to embezzlement by putting forward illegal commercial
documents regarding commercialization of wood, false and use of false activities in
this domain, black market work.
After creating a scale of the main infringements going on in Cluj the second
question the research wants to answer is what the surface causes are, the ones that
are evident from reports, interviews and press releases and that everyone can
relate to. They will be the basis for discovering the underlying causes, those which
are hidden from the public but which truly influence the trends.
However, there is a need to discover the background of those who exploit
because the reasons are different from one actor to another and the causes vary
according to their power and status. On one hand, a supposition is that large firms
which conduct illegal logging do it because of the high level corruption which allows
them to cut down hectares of wood in return for sharing the profit with the forest
administrators and even the national persons responsible. On the other hand,
farmers and villagers could be motivated by their financial situation and probably
want to obtain a fast income regardless of the consequences. The low profits that
derive from farming and the high costs of fertilizers could determine them to extend
their land and thus cut the forests around. The corruption allows this only at a low
level as the people from those villages are poor and cannot afford to pay as large
sums as a company would. To an extent the peasants could be used by the
administrators as scapegoats while they exploit the forest at a higher level and
escape prison in this manner.
The information collected with trough the methods mentioned bellow will try
to answer the three main questions: who is doing it, why are they motivated and
what is the predominant manifestation of the illegal logging.

Research methods
In the domain of illegal forest cutting it would be unwise to questionnaire the
publics opinion as it is informed from the news and in this report the press from
Cluj-Napoca in this area shall be analyzed. Furthermore, it is hard to identify a large
group that would not be biased and can provide accurate information. Lawyers,
officials and people that leave in the areas with such phenomena would be relevant,
the only problem is it is hard to find so many to make the questionnaires relevant.
However, in this domain the public records are more suited for research as
they provide a basis for analyzing because unlike the questionnaires they contain
valid data not opinions. From the article The Art of Public Records Research by
Genie Tyburski, I have realized that the information is already available and just
needs to be accessed. In my research I am addressing an illegal activity so the
Court would be the first place to appeal to.
The cases that I will put forward have been trialed and are based on actual
data that cannot be contested and are more objective in the information they
contain. The information gathered contains the basic data about the illegal logging
as the: time, location, number of trees cut/stolen, value, punishment and basic
information about the defendant: age, occupation, marital status, education,
whether he admitted and has committed a fraud before. The cases are collected
from the Court, Court House and Court of Appeal as these are the major institutions,
which detain such information. To be able to have access to the documents in the
archives below a petition was handed to the Secretaries of each department.
The documents that I have collected from the Court of Appeal represent
cases that have been readdressed by the defendants and have been solved in 2012.
They are six in total and are all under the law 46/2008. The defendants are all man
and are charged for illegal cutting of protected and unprotected tree and
disrespecting the rules regarding the exploitation of wood. The cases are not from
Cluj-Napoca but were appealed at the court.
I will further describe the main details about the cases in a chronological
manner.
1. The first trial took place on 19 th of April and belongs the Court of Trgu Lpu.
The defendant was found guilty of cutting 2 unmarked trees of 530.95 lei
value. He admitted to committing the crime and regretted doing it. He is 73
years old, a Romanian citizen, farmer, married, with general studies, without
other illegal crimes committed. The punishment is 2 months of prison and the
obligation to pay 530.95 lei with the Value added Tax of 127.43.
2. The second trial took place on 1 st of October and was taken from the Court of
Gherla. The defendant was found guilty of cutting and stealing 9 trees from
the national fund with the value of 434.98 lei without VAT. He admitted the
crime and was reluctant to the procedures of the trial. He is 32 years old, a
Romanian citizen, farmer, unmarried, with 10 classes graduated, without
other illegal crimes committed. The punishment is 4 months of prison.
3. The third trial took place on 22 nd of October and was taken from the court of
Bistria-Nsud. The defendant was found guilty of cutting 55 trees from the
Dumitria forest land with the value of 3841.33. He admitted to cutting only
10 trees. He is 34 years old, Romanian citizen, no occupation, with 2 classed

graduated, has committed crimes before. The punishment is 1 year of prison

and the obligation to pay 3841.33.
4. The forth trial took place on 30 th of October and was taken from the court of
Bistria-Nsud. The defendant was found guilty of cutting at first 34 trees
and then 182 trees with the value of 3247.79 lei. He admitted being guilty. He
is 34 years old, Romanian citizen, without studies, unmarried, without
occupation, has committed illegal logging before. The punishment is 700
days of prison and the obligation to pay 3168.48 for the damages.
5. The fifth trial took place on 8 th of November and was taken from the court of
Dumitria. The defendant was found guilty of cutting 14 trees. He admitted to
being guilty. He is 41 years old, Romanian citizen, no occupation, unmarried,
with 8 classes graduated, with three children, has committed illegal logging
before. The punishment is 6 months of prison and the obligation to pay
228.92 lei to the town hall of Dumitria and 300 lei to the forestry
department.
6. The sixth trial took place on 12th of December and was taken from the court of
Bistria-Nsud. The defendant was found guilty of stealing 82 trees with the
value of 3185.25. He admitted the deed every time he was caught. He is 29
years old, Romanian citizen, no occupation, unmarried, with 8 classes
graduated, who has committed illegal logging before. The punishment is 2
years and 8 months of prison and the obligation to pay 3185.25 lei.
The documents collected from the Courthouse represent illegalities
committed in Cluj county especially in the Cluj-Napoca city radius. There were only
3 cases found for 2012 and I shall proceed with describing them bellow:
1. The sentence was released on the 23rd of February for illegal logging near
Mgura Rctu. The defendant was found guilty of cutting 9 unmarked trees
with the value of 1055.32 lei. He admitted the deed and expressed regret. He
is 44 years old, Romanian citizen, farmer, married, with 10 classes graduated,
has not committed any illegal logging before. The punishment is 4 months of
prison without the obligation of paying the damages as he already did before
the trial.
2. The sentence was released on the 23 rd of February for illegal logging in the
forest Paraul Urasi. The defendant was found guilty of cutting 9 unmarked
trees with the value of 1050.02lei. He admitted committing the illegality. He
is 44 years old, Romanian citizen, farmer, unmarried, has not committed any
infractions before. The punishment is 3 months in prison without any
payment obligation as he has already paid for the damages caused.
3. The sentence was released on the 9 th of March for illegal cutting, destroying
and degradation of trees and tree roots near the village Mcicau. The
defendants were found guilty of cutting 37 trees with the value of 1017.26 lei.
They both admitted to committing the illegality. One is 34 years old and has
been sentenced before for 3 years and is now only sentenced to 6 months of
prison. The other is 24 years old and has not committed any illegality before
and so his punishment is only 3 months of prison. Both of the defendants are
obligated to pay 1060 lei to the Forestry District of Gherla.
Unfortunately, the Court didnt have any documents during my investigation
as all the cases were sent back to the Courts near the illegal logging area.
It has come to my attention from a toolkit on public health research by Dr.
Cath that the media is a veritable method for conducting an analysis. Even though

the information is not as reliable as the Court files it is still a good alternative as it
can be used for data comparing.
In this manner, the information released in the press will be used to compare
the actual cases that go to trial and are convicted for illegalities and the situation
presented to the public. Here the research will try to find similarities that can
validate the data but also discrepancies that prove that either one of the actors are
not doing their job (the journalists or the authorities).
The press articles analyzed are from 2012. Here I will focus on the value of
the stolen wood, to see the level of the illegalities, on the type of illegal logging
found in the last year and the actors involved in the process. Moreover, there will be
a high focus on the words with the highest frequency to see what the news tries to
transmit and which of the phenomenons are the most extended. To get an idea of
the information analyzed I will present the summaries of the articles found in a
chronological manner.
The first one is from May from Gazeta de Cluj and states that the most
affected county in the country from illegal logging are Cluj, Arge, Maramure and
Suceava. The representatives of the forestry department state that the lack of
administration of some parcels that do not belong to anyone is the cause for
deforestation. In a village called Ciurila Fget 26.000 trees have been illegally cut.
Another article from July, from Ziua de Cluj states that there are problems in
the Mariel village. The director of Romsilva Traian Mari says that because the land
is administrated by a lot of people such illegalities are not possible. The others
responsible like the forestry district boss Gheorghe Giurgiu from Huedin and the
mayor of Mariel, Traian Mari also deny any illegal action in this zone. They support
the fact that everything is done legally, with documents and they conduct controls
to maintain the order.
In September another news flash that appeared in Fclia paper was released
saying that in the area of Mriel where a few months ago everyone said the cutting
is legal the Territorial Inspection center for forests and hunting wanted to conduct
another control but the inspectors were attacked by the villagers. A lot of false
documents were found. Because of this the persons responsible for the forests will
be trialed in Bucharest for further light in the problem. The people in charge are said
to have been hiring their relatives and are now rich because they exploited the
forest. There paper states that from 2005 there were no more convictions for illegal
logging in Cluj county.
In the same month Ziua de Cluj reported that in Bioara region large
amounts of wood were cut and sold reaching the sum of 100.000 Euro. The main
suspect is the chief ranger. There were 1600 m2 of wood cut from which the
persons responsible for the forest could not justify with documents 1500m2. The
methods used by the forestry staff were: cutting unregistered trees, using illegal
marking for trees so that they can justify cutting them and cutting trees that were
not marked at all. Vasile Burz the primary suspect was the one that had the illegal
marking device at home and is now trialed for fraud, embezzlement and use of false
documents.
It seems September is a month when people take time to investigate what is
happening with the environment. There are several posts on different websites
about the forest massacre that is going on in Floreti village. 95% of the forest was
cut without any knowledge from the forestry district. Now that the news has
reached the press all the counselors are aware of this activity, but still measures are

only taken on a declarative mode. The loss can be estimated at about 470.000 lei
and the quantity reaches 4.000 square meters of wood.
As the news reached the political field, Fclia reported that the leader of the
PSD party Remus Lpuan has asked the county responsible Gheorghe Vucan to
organize a control in the institutions and companies in the area to see where the
weak links are and make changes. The result of the control was supposed to be
published in October.
Due to the control the forestry districts boss and his accountant were fired
along with tree rangers and the whole staff from the department was sanctioned for
illegal activities. The people found guilty will be trialed in Turda and the department
will try to get back the damages which are worth 400.000 lei. The county chief
mentioned that Cluj is number three in the country in illegal logging. Other controls
will be going on in Beli and Someul Rece.
The TV station Realitatea reported in November a number of 3800 m2 of
wood illegally cut with the value above 150000 Euro. In Bioara area 200 trucks of
wood were transported illegally with the help of the district boss which was fired.
The controls are still being conducted.
The last news that appeared this year is from December and was posted on
City News says that the highest number of Christmas trees confiscated was in ClujNapoca reaching 1350. These were either cut, either transported or sold illegally.
Last but not least, I choose to conduct 2 semi-structured interviews. The book
Practical research methods by Dawson gave me insight on how to construct an
interview schedule and how to keep it flexible so that new information can be
provided. Also, it was useful for preparing the equipment and environment needed
so that the participants would feel relaxed and the data they provide would not be
lost. In order to get an opinion that is viable from a source I have conducted the
interview with two experts in the field of illegalities in this domain. Both of the
interviews were taken through the phone and recorded. The first subject is a lawyer
that has been operating for 10 years with such cases and has knowledge about the
background stories. The other subject is an activist in an environmental NGO which
has access to information regarding causes and long term effects of such practices.
I have structured the interview in four questions. The reason for this is that
these questions are complex and demand elaborate answers. During the procedure
I have added a few linking questions to encourage the participant to speak freely
and maybe reveal more information about the subject. The questions used were
the following:
1. What is the predominant type of illegality that is going on near Cluj-Napoca? Here I wanted to check if the information collected in the press and from the
authorities is in tune with the experts opinion.
2. Which are the main actors that operate in this domain?
3. Why is there a lack of concordance between the number of actual trials and the
information in the press which suggests that there are more illegalities committed?
4. Which are the main causes of illegal logging?
The added individual questions were:Can you give me an example of a law that
allows such activities? for the lawyer and: What would be the solution to the
problem in your opinion? for the NGO president.
The first person interviewed was Radu Mititean, lawyer, age 41 years old,
married from Cluj-Napoca. The period of the actual information sharing lasted 27
minutes. The second interview was the one conducted with the president of an
environmental NGO called Floarea de col. His name is Korosfoy Sandor, age 41

years old, from Cluj-Napoca. The time-frame of the interview was this time only 20
minutes as the information was more condensed.
Pilot Study
In order to see whether the research is feasible and to ensure that the ideas
or methods behind a research idea are sound a pilot study should be conducted.
However, as my research covers a small area and as I do not use questionnaires as
a quantitative method it would be quite difficult to conduct a pilot study. Moreover,
given the fact that the data collected consists mainly of Court documents and press
articles it would be difficult to find a way to test their viability. The number of
interviews I have conducted is small and so pilot study could not function in the
qualitative area either.
To provide information about such studies in this domain I have decided to
describe another pilot study conducted by Chatham House with the title:Illegal
logging and Related Trade: 2008 Assessment of the Global Response. Large
amounts of money and time have been spent to tackle the problem of illegal
logging. To see if all this effort has been worthwhile, over the last two years
Chatham House has developed a methodology for assessing the effectiveness of the
global response to illegal logging and associated trade. This pilot study also
examines the earlier phases of the response, including building awareness and
political will, voluntary actions by the private sector, and the development and
implementation of new policies and regulations by governments. Recognizing the
importance of demand as a driver, the methodology also looks beyond the borders
of the countries directly affected, measuring the response in countries which
consume illegal wood products or process the timber for re-export. This could be
useful for our research too because it shows the main actors and how they influence
each other and brings important insight about the way the macro situation
influences the micro one.
The indicators used in this pilot study were awareness/attention, government
policy development and implementation, private sector policy development and
implementation, and levels of illegal logging and associated trade. To support the
assessment, Chatham House has developed and piloted two new tools.
The first is a survey of experts, which includes questions related to the nature
and scale of and trends in illegal logging, and seeks to collect information on the
responses of government and the private sector. The survey was targeted at 3040
relevant experts in each producer country, with a range of respondents from
government, the private sector, NGOs, academia and the donor community. In
addition to the main producer country survey, a smaller survey aimed only at the
private sector was developed for use in processing countries.
The second new tool is a framework of ideal policies, laws and regulations
for tackling the problem against which producer, consumer and processing country
governments can be assessed. These tools were developed with the assistance of
an advisory group of international experts.
The indicators were piloted in five countries, two of them being producers of
illegal timber (Cameroon and Indonesia), one a processor of such timber Vietnam
and two consumer countries (UK and US). The purpose of the pilot is to measure
the responses over time.

As Romania has proven to be a producer of wood and to this extent Cluj

county as being one of the major providers of illegal timber it is interesting to
analyze the effect of the pilot study on the producer countries.
After the study, the policy response of the Cameroonian and Indonesian
governments to illegal logging appears to have improved during 2008. Though both
countries have many key regulations in place, however, implementation is generally
poor. This is caused mainly by corruption, which remains a critical problem, though
efforts to tackle it were seen to have improved the most in the last year. The
prohibition on illegal timber imports in the US, and the development of similar
additional legislation in Europe, are key drivers, as demonstrated by more extensive
action apparently being taken by large concessionaires and manufacturers
exporting to sensitive markets compared to smaller companies focused on the
domestic market.
There is little evidence that timber flows from the two producer countries had
shifted to less sensitive markets in response to actions on illegal logging by 2006,
though survey results in both Cameroon and Indonesia suggest that this may have
changed more recently. There is some evidence that timber prices rose as a result
of increased enforcement in Indonesia.
A range of indicators support the conclusion that illegal logging fell in both
Indonesia and Cameroon during the last few years. The declining rate of
improvement in Indonesia might be because the targets that were easily achieved
have already been reached , with attention now needing to shift to more intractable
forms of illegal logging and to regions which are less well governed or more
inaccessible. The data also suggests that the response was disproportionately great
for some aspects of the problem, while improvements were small, or the situation
worsened, for others. The greatest improvements have been seen in relation to
outright unlicensed logging by large industrial concessionaires with a focus on
exports. Much less improvement has occurred with regard to small-scale illegal
logging for domestic markets, which has not felt the same pressure from consumercountry governments and buyers.
Contrary to the overall trend, corruption amongst forestry officials, police and
judiciary in producer countries may be worsening. It is possible that this could itself
be a response to efforts to control illegal logging: as outright anarchic illegal logging
is brought under control through increased enforcement, companies are increasingly
motivated to circumvent this, legalizing timber or avoiding penalties by corrupt
means, while opportunities for officials involved in licensing or enforcement to
provide such services simultaneously expand.
Though improvements in Cameroon and Indonesia have been dramatic,
illegal logging remained a major problem in both countries. In Indonesia, best
estimates suggest that between 40 and 55 per cent of production was still illegal in
some form, while in Cameroon the figure was between 30 and 40 percent. Tough
both countries had many necessary policies and regulations in place, there
remained considerable room for improvement, both in terms of written regulations
and in the implementation of those already on the books.
Actions by consumer country governments and companies have been the key
in driving improvements in producer countries, as have the activities of NGOs. In
Cameroon, the involvement of an independent monitor has been critical, while in
Indonesia there are some suggestions that a general improvement in governance
has been important.

From this pilot study we can draw the conclusion that the international
situation is highly important when it comes to illegal logging. As the pressures rise
from the outside market, the government will try to maintain its profits and make
the changes needed. Romania being a producer it can relate to the corruption that
is going on in Indonesia and Cameroon. Similarly, we can see if the trends to stop
illegal logging may increase corruption. Because Cluj county is part of the domestic
market and may not feel the same pressure from consumer-country governments
and buyers and so the improvements might come slower.
Governance as it has been tackled in the pilot study is analyzed in the
research at a local level from the press releases and interviews to see whether it is
one of the root causes.
Codification
To properly analyze the information collected from the Court House, the press
and the interviews, I will proceed with interpreting separately the primary from the
secondary one.
First of all, I will consider the primary data derived from the cases that have
made it to Court, Court House or Court of Appeal. They provide an idea about the
type of situations that reach the attention of the authorities. Access to these
documents is given only to those who can prove they will not use the data for public
exposure.
There are 10 cases in total if we consider the number of persons involved.
The quantities of stolen wood can be situated between 2 trees, which is the least,
and 216 trees. The values are in a range of 434.98lei and 3841.33 lei. The value and
the quantity are usually not correlated as some trees are more expensive than
others. The high values show that the forestry department has not performed very
well. 216 trees could not have been cut in a day by a single person and such
numbers can be easily traced. The problem could also be that the person was
caught several times but the quantity stolen did not reach the level necessary for
him to be trialed and so the police wait until he reaches the illegal level even if up
till then whole forests get cut down.
From 10 cases 9 had admitted committing the crime while one only admitted
the first time he was caught. The fact that such a large number of thieves admitted
to committing the crime means that they only did it because they had the
possibility. A prepared thief would act differently and plan even his way out of the
trial. This in a way proves the innocence of these small thieves who are just
collateral damage or even scapegoats.
Age is quite an irrelevant indicator as it varies from 24 to 73. This proves that
age is not a barrier in this field of illegalities.
When it comes to occupation, 4 people from ten are farmers and the others
have no occupation. Also only 2 of them are married and this is correlated with the
fact that they are farmers. This status shows that the people that make it to court
are rather poor and do it to provide an income in their everyday life as they are not
employed or the crops do not make enough profit to survive well.
The education level is low for all of them going from no classes to 10 classes.
As other jobs seem to be either unavailable or too much of a hard work, this domain

is proven to be for those that want a high profit in a short time and with small
intellectual effort.
The number of backsliders is equal to the number of those who havent
committed illegal logging before. However, the punishment period is between 2
months for small thefts to 700 days for the high values of illegalities. Similarly to the
age indicator the number of backsliders is not so much relevant as anyone can start
to steal wood and given the fact that the punishments are not so high, for the
majority, even those who did it before can continue after they are out of jail.
As we can see, the number of cases found is proof of the fact that the
forestry department, the police and all the authorities are not doing their job
properly. The persons found guilty are from the information provided in the
documents quite poor and with few opportunities this is their ticket to an easy
income. However, it is hard to believe that these people represent the reason why
Cluj county is number three of the most illegal deforested counties in the country.
Furthermore, I will analyze secondary data from the articles released in the
press which provide some insight to estimate the total number of forest loss in
2012. This information shows what is presented to the public in comparison with the
cases analyzed above which are available only for the ones that are interested in
this domain. The public is in this way influenced to believe that action was taken to
stop this mafia while the number of documents found in the archives state the
opposite.
The articles made public in this domain in Cluj county in 2012 are nine in
number. I will not consider the ones released in 2013 as the analysis is only for
2012.
As we consider the quantity, the first damage mentioned reaches 26.000
trees cut just in the nearby Cluj area with the approximated value of 2 million lei.
Another 1500 square meters were found without the possibility of attesting their
provenience with documents. If we consider the value of the square meter being
190 lei than the loss reaches 285.000 lei. However, the rangers estimate the value
reaching 440.000 lei. If we add the numbers mentioned in the other news flashes
we will reach a total of approximately 4 million lei. On the other hand, if we add the
values attributed to the stolen wood mentioned in the documents we will see that it
is approximately 15.000 lei. This means that the losses mentioned in the press are
266 times higher than the ones that go to Court. If we take into consideration the
fact that the documents from Huedin and Turda were not taken into consideration
we can probably raise the value of the wood stolen but still the difference is too high
to not make us ask any questions.
If we pay attention to the question in the interview which brings this issue to
discussion both the lawyer and the NGO president attest that no proof to sustain the
declarations of the journalists, there are no complaints from the land lords and some
cases are withdrawn. Because the thieves are so quick in selling the wood when
they are controlled by the authorities the large stock is already gone and there can
be no proof that he had it before. The declarations made in the press are sometimes
contested and because the forest mafia works together, they manage to prove that
the declarations are wrong and so escape going to court.
However, if we pay attention to the words mentioned in the articles we can
see that the most frequent ones are: compossessorate, illegal, mayor , law, officials,
institutions, theft, illegal methods, notification, fraud, embezzlement, forestry
district, counselor, complicity, fired, unmarked, resign, suspect. This brings the

research closer to defining the major type of illegal logging, the actors and the
causes.
First of all, from the documents present in Court we saw that theft is one of
the primal type of illegality present in Cluj. The words repeated in the press suggest
that fraud by using false documents as notifications for the exchange of wood and
different methods of marking trees so that they seem available for cutting can also
represent common used forms of illegal logging in Cluj.
Secondly, the actors identified from the cases were male citizens with a
specific education, background and occupation. When we look at the press releases
the spot light falls on the officials, mayors, institutions, forest district, counselors.
This is a totally different group constituted of people with a higher education, of a
certain status mainly male citizens again. They are the middle management class,
the leaders that are supposed to make order and impose punishments on the ones
below. Seeing these authorities associated with suspect, resign, complicity takes us
to the conclusion that they can be call upon as major actors too in this domain. The
fact that they only appear in the press and not in the trial cases explains the high
differences of value between stolen wood on paper and specified in the press.
Finally, the research purpose is to extract the causes of illegal logging.
Poverty, lack of education and alternatives, and a certain antisocial behavior were
the determinants in the trial cases. As the actors change the causes change. The
group of words mentioned above brings to light one of the major concepts of the
research which is corruption at a middle management level. However, the word
compossessorate, which means that a property can be administrated by several
people, suggests that a lack of proper organization of the forest territories can lead
to high levels of crime. As there is no specific owner there will be no motivation to
protect the forest and also no one to hold responsible in the case of it being but.
This proves that the lack of order can go hand in hand with corruption as in an
anarchy it is impossible to apply rules.
The last method used in the research is the interview, which can provide
primary data to give us a further insight in the problem.
The answers to the first question were quite similar. Both of the participants
said that theft is the most common practice in this domain. This is possible
especially because the law allows it. A person can steal wood as long as it doesnt
exceed a certain quantity. This situation is unique as with any other object the
quantity is not important but the activity of stealing but in the forestry domain a
person can escape and be considered a good citizen if he only steals a small
quantity. In order for the thieves to succeed in illegal logging at a high scale they
need to commit fraud in documents that attests the provenience of that wood and
so the second most common activity is using false documents. The last type of
illegal logging specified was traffic of influence meaning that the chief of the
forestry district announces everyone that a control will be conducted the following
period.
The second question was the most difficult to answer for both the participants
as they said that the numbers cannot be properly estimated. In this way it is hard to
tell who the main actors are as they go hand in hand. There would not be thieves if
the law wouldnt allow them and in this way the people instigating and encouraging
such activities become thieves themselves. Both of the interviewed said that the job
of stealing is done by the lower class citizens and the ones that make it to court are
those who do not give the money to the authorities. The money on the other hand is
mostly collected by the middle and upper class citizens those who manage the

forestry districts and the Ministry of environment. A commission was even

mentioned by the lawyer as he suggested that those who cut are like employees
that receive a salary from the higher powers for doing their dirty work.
It is now clear that the actors go from the lowest class to the highest class
who guards their activities and manages to stop the major cases from going to trial.
The lawyer suggested that there is even an international interest in these activities
and that the commitment of the congressmen is so high because the country is so
much in debt and forest exploitation is a solution.
However, the lawyers answer to the third question about the lack of
correlation between the press and the Court brings a new perspective into the
research. He describes a case where the land lord is the one that pays people to cut
his forest illegality so that in the future he can build something there and has a free
pass as he is considered a victim. In this way, the majority of cases dont reach
court because the land lords are behind the thefts and they do not report the
activities to the police. In some situations even if the police manage to catch the
thieves the land lord saves them by not filing a complaint. Some other reasons
suggested by the NGO president are that the thieves are so quick in selling the
wood when they are controlled by the authorities the large stock is already gone
and there can be no proof that he had it before. The declarations made in the press
are sometimes contested and as the forest mafia works together, they manage to
prove that the declarations are wrong and so escape going to court.
The causes portrayed by the two participants were quite different.
First of all, the way laws are given by the state so that they give the
possibility to steal without being punished. The lawyer said that this is the most
popular mafia in Romania because we still have forests to exploit. The stakes are
high as there are demands from the international system. A lot of forest land is
bought by outside investors with high prices. Their purpose is not to keep the forest
but to sell it and so there is a strong lobby made to determine the legislation to be
permissive. In order address the issue further I added another question:Can you
give me an example of a law that allows such activities?
The answer was that even the forestry code which states that it is not
considered a case worthy of going to court only if the quantity is over 5 square
meters. This quantity should either be all at once more or during a period of time. If
the thieves are caught with a less amount, they receive a fine which usually they do
not pay as they bribe the police. The problem is also that the police scarcely
conducts any controls so even if they steal a small quantity a lot of times they will
not be caught numerous times so they will escape prison.
The cases in Romania are quite different from other countries because here
the ones that seal small amounts of wood pay the high prices and those who steal a
lot usually are set free. The problem is that the ones guilty are in high positions and
no one can touch them. There is an example from 2000-2004 when the forestry
directors were supposed to be chosen based on a contest. The contest was released
a weak before the elections and no one had time to subscribe. Because of this
temporary directors were chosen. This situation gave the possibility to the ones that
choose them to fire them at any time if they refuse to go along with the illegalities.
However if they were selected after a contest it would be more difficult to fire them
and proof would have to be taken to court to prove their incompetency.
The NGO president transferred the responsibility to the public as he
suggested that the lack of knowledge of the public and the laziness as people do
not verify the provenance of the wood and just buy it. He said that it is the

Romanian tendency to get a good bargain. He added that there is a spread

complicity that goes from neighbor to neighbor, even enemy to enemy. The idea is
that no one should denounce anyone because everyone is guilty and in this way
they will all pay. This is a real life example of the prisoners dilemma. In this case
tough both of the prisoners cooperate to have a win-win situation.

Conclusions and suggestions

Regarding the conclusions I will focus on each question raised, separately in
order create a viable structure.
First of all, the study wanted to find out what is the main type of illegal
logging perpetrated in Cluj county in 2012. From all the primary and secondary data
collected we can see that theft is the major problem followed by false documents,
fake tools of marking wood and traffic of influence which are used to make the
activity seem legal to the outsiders. There are even cases of abuse of property in
which theft is not the purpose but using the land for other activities and the need to
get rid of the forest as it occupies the space. This last type of illegality was only
found in one case in the county and it can be considered as a different perspective.
Secondly, the actors involved in this domain can be put into two categories:
the ones that are high in numbers and the ones that collect the high monetary
benefits. The ones that are performing the activity of cutting wood are the citizens
from a lower social class. The research showed that they are usually poor, with an
inexistent or low education, no occupation or an occupation that does not bring high
income. They are from the rural area, their age can vary from above 18 to 72 as it is
not an important factor and it was shown that they are reluctant to being caught
and do not plan their thefts properly. This category earns quite little money from
illegal logging enough only to live a normal life. The other main actors are the
middle management and high management administrators of the forests who are
the ones that receive the benefits as it was described in the press and interviews.
They are a part of a long line of beneficiaries which leads to the international level
as the forest mafia is highly evolved in Romania, as a country that produces wood.
Thirdly, the main causes discovered are of three dimensions. The major cause
comes from the top the way the laws are given so that they can be easily broken.
The forestry code proves this by allowing people to steal as long as they do not
exceed a certain quantity. On the other hand, the corruption levels are high as we
could see from the press releases, interviews and low numbers of cases in trial
which prove that measures are being taken to steal as much as possible without
having to pay the price. This attitude comes from the higher authorities as no
improvements seen to appear regardless of the declarations made in the press. The
situations that appear there are not taken to Court afterwards. Although, the
documents suggest that poverty is the cause people resort to stealing this is not so
much the case because the poor people allowed to steal are so few that they

become irrelevant. It is mainly the greedy rich ones that are behind the scenes.
Moreover, poverty could only be a cause on an international level, as Romania is a
poor country and has to focus on this department to get out of debt.
Finally, the recommendations I will make for Cluj county are the ones that
were suggested in the interviews by the activists in the environmental field. It is
extremely important for the public to be aware of the situation around them. Also
knowing is not enough because with knowledge comes the responsibility to act in
an organized manner. The more people get involved and try to stop the process,
raise questions, complaints to the authorities and get involved in environmental
projects that plant trees instead of cutting them the government will not be able to
ignore the publics opinion and will have to take measures. The crucial link is
information because with this the table can turn from the forest mafia having the
last word to the public. The problem now is that this public is weak and not united
and does not have enough motivation. With education, strength will come and from
a regional level, examples can be given to a national level.

Bibliography
Online Books and articles:
1. Dr Catherine Dawson, (2002), Practical Research Methods, Oxford, United
Kingdom
2. Anti-corruption Research Center, (2011), Addressing governance and
corruption challenges in schemes for Reducing Emissions from Deforestation
and
Forest
Degradation(REDD),
available
online
at
http://www.u4.no/publications/redd-integrity-addressing-governance-andcorruption-challenges-in-schemes-for-reducing-emissions-from-deforestationand-forest-degradation-redd/
3. Chathan House, (2009), Illegal Logging and Related Trade: 2008 Assessment
of
the
Global
Response,
available
online
at
http://www.illegallogging.info/item_single.php?it_id=958&it=document
4. Greenpeace, (2011), Illegal forest cutting in Romania in the period 20092011,
available
online
athttp://www.greenpeace.org/romania/Global/romania/paduri/Despaduririle
%20din%20Romania/Taierile%20ilegale%20de%20arbori%20in%20padurile
%20din%20Romania%20(2009-2011).pdf
5. Islam K and Sato N.,(2012), Deforestation, land conversion and illegal
logging in Bangladesh: the case of the Sal (Shorea robusta) forests, available
online at http://www.sisef.it/iforest/pdf/?id=ifor0578-005
6. Megan Clark, 2012, Global Majority E-Journal, Vol. 3, No. 1 (June 2012), pp.
61-71, Deforestation in Madagascar: Consequences of Population Growth and
Unsustainable
Agricultural
Processes,
available
online
at
http://www.american.edu/cas/economics/ejournal/upload/Global_Majority_e_Jo
urnal_3_1_Clark.pdf
7. Nalin Kishor and Arati Belle, 2004, Does Improved Governance Contribute to
Sustainable
Forest
Management?,
available
online
at

http://siteresources.worldbank.org/EXTFORESTS/Resources/98578412178745
60960/DoesImprovedGovernance.pdf
8. Planul Naional de combatere a tierilor ilegale de arbori,(2007), disponibil
online
la
https://docs.google.com/viewer?a=v&q=cache:CFX4SKc09UJ:www.ursuletiisuparati.ro/index.php%3Flg%3DCLNG%26p
%3Dcontent%26mode%3Ddw%26name
%3DPLANUL_NATIONAL_DE_COMBATERE_A_TAIERILOR_ILEGALE_DE_ARBORI.d
oc%26file
%3Du/1/a/_538.doc+planul+national+de+combatere+a+taierilor+ilegale+d
e+paduri&hl=ro&gl=ro&pid=bl&srcid=ADGEESjzA5vwZkJKT79jznROGrvkMjW
L833LbqMp9MJQ6f1xWifgBTNLmDie3hVWV5wBHTDfNsG6ffzf97SMskgfrsrS1x6_ADqflQiH28xDjAUUGg5zb6xLAiJNhKCEpbAxBYAfmf&sig=AHIEtbT6SrN3p__gfXCMBB
0BZR6HN6a4jw
9. Samantha Bricknell,(2010), Environmental crime in Australia, available online
at http://www.aic.gov.au/documents/2/1/1/%7B211B5EB9-E888-4D26-AED41D4E76646E4B%7Drpp109.pdf
10.Serafeim Polyzos and Dionysios Minetos (2012). Deforestation Dynamics: A
Review and Evaluation of Theoretical Approaches and Evidence from Greece,
available online at http://www.intechopen.com/books/deforestationaroundthe-world/deforestation-dynamics-a-review-and-evaluation-of-theoreticalapproaches
11.The World Bank Research Observer, vol. 14, no. 1 (February 1999), pp. 7398,
available
online
at
http://wbro.oxfordjournals.org/content/14/1/73.abstract
12.World Trade Organization, (2010), Trade and deforestation: A literary review,
available
online
at
http://www.wto.org/english/res_e/reser_e/ersd201004_e.pdf
Websites:
13.http://www.scribd.com/doc/26215916/Situatia-Padurilor-in-Romania-RomaniaAvea-In
14.http://www.ecomagazin.ro/la-sfarsitul-acestui-an-va-fi-realizat-inventarulintregului-fond-forestier-din-romania/
15.http://www.madr.ro/pages/proiecte_interne/hotarare-aprobare-programnational-de-impadurire.pdf
16.http://www.forest.ru/eng/problems/illegal/
17.http://www.ziarulfaclia.ro/lapusan-ii-cere-prefectului-vuscan-sa-dispuna-uncontrol-pe-tema-taierilor-ilegale-de-padure-din-judetul-cluj/
18.http://www.ziare.com/cluj-napoca/stiri-actualitate/situatia-taierilor-din-marisel3163402
19.http://www.ziare.com/cluj-napoca/stiri-actualitate/cand-lupul-e-paznic-la-oi200-de-camioane-de-lemn-furate-din-zona-baisoara-3284729
20.http://www.ziare.com/cluj-napoca/stiri-actualitate/din-padurile-clujului-se-furaca-n-codru-paguba-depaseste-un-milion-de-euro-3329702
21.http://www.ziare.com/cluj-napoca/politia/in-judetul-cluj-au-fost-confiscati-ceimai-multi-brazi-peste-1-300-3490505

22.http://www.ftr.ro/mobile/index.php?stiri_id=60636
23.http://www.floresti-gilau.ro/padurea-din-floresti-ce-a-mai-ramas-din-ea-revinein-actualitate-vezi-cum-s-a-defrisat-padurea-in-ultimii-trei-ani
24.http://www.ziare.com/cluj-napoca/stiri-business/clujul-printre-judetele-celemai-afectate-de-defrisari-2991652
25.http://www.ziare.com/cluj-napoca/articole/taieri+ilegale+paduri+cluj
25. http://www.drcath.net/toolkit/document.html
26. http://archive.virtualchase.justia.com/articles/public_records_research.html

Anexe
Interviu 1- Radu Mititean, avocat, 41 ani, Cluj-Napoca
Ofelia:De ce natur tii c sunt infraciunile silvice din jurul Clujului?
Radu Mititean: Nu cunosc s existe cazuri de splare de bani, ns furtul ar fi
prima infraciune de importan. Cu toate acestea nu este considerat furt dect
dac depete cantitate de 5 mentri cub ca pre. Acest lucru este inacceptabil
i se ntmpl doar n Romnia. Dac furi o cru mic de lemne nu eti ho
dac furi dou eti considerat ho. Al doilea tip de infraciuni sunt falsurile n
acte, de exemplu lemne care nu ar trebui s fie autorizate la tiere sau
transporturi care nu ar trebui s fie autorizate sau cu aceiai acte sunt trimise
mai multe transporturi. Este o situaie mai complex.
Ofelia: Care sunt principalii actori n acest domeniu, firmele sau cetenii sau
autoritile?
Radu Mititean: Este o ntrebare complicat deoarece nu se poate ti exact.
Dac vezi o cru care transport lemne la 2 noaptea nu ai cum s ti dac
exist forme legale sau nu. Din afar nu se poate ti i dac sunt verificate
actele dac nu sunt falsificate. Sunt cazuri n care se rad mii de hectare de ctre
ceteni doar c aceste persoane nu fur de capul lor. Faptul c fur de ani de
zile i fur nestingherii demonstreaz c fur cu acordul autoritilor cu care se
afl n complicitate i o mare parte din ctig merge la aceia. Sunt multe
persoane care spun c dac s-ar pune la socoteal de ci ani am furat ar trebui
s fii un boieri- un om spuneMaxim am cumprat biatului un apartament n
Cluj pentru c bani grei i-au luat cei de pe scar n sus. Tocmai de aceea e greu
de depistat un vinovat. Este totul cu subsrat, cei care fur nu fur pentru ei
pentru c dac ar face-o ar fi de mult n nchisoare. Poliia tie de fapt i tie
foarte bine pe cei care fur, de unde fur i ct fur. Exist o complicitate pentru
c fiecare primete o cot parte. Ca un fel de salariai care primesc un procent,
uni bani merg chiar i la primari.
Ofelia: Cum ai putea s explicai discrepana dintre numrul cazurilor care apar
la tiri i cel al furturilor care ajung n instan?
Radu Mititean: De multe ori acest lucru se ntmpl deoarece cel care taie
ilegal este chiar proprietarul. Deoarece el ar trebui s taie dup anumite reguli.
Eu dac cumpar sau motenesc o mie de hectare de pdure i vreau s le
valorific eu nu pot s le tai mine i s le vnd pentru c aa mi tun mie.
Trebuie s existe un amenajament silvic. Unele pduri pot fi tiate doar peste 7

ani i doar o anumit cantitate i astfel chiar proprietarii sunt cei care doresc s
taie. Sau n alte situaii ei chiar pltesc pe unii oameni s mearg s taie
noaptea aa pe ascuns dar dac sunt prini proprietarul se face c plou dei
aceia care taie valorific doar o parte i grosul i revine lui. Acesta dup aceea se
plnge c i s-a furat pdurea . Exist articole n pres care descriu un caz care
pare s fie de acest natur chiar din Cluj, din Floreti. Aici pe un deal au
disprut zeci de hectare de pdure i poliia spunea c are o problem c de
obicei e obinuit s combat furtul de lemne. Aa c ddeau amenzi celor care
furau ns cnd era vorba s ajung cazul n tribunal proprietarul refuza s fac
plngere. Era clar astfel c vrea s dispar pdurea respectiv ca dup aceea s
transforme locul n teren pentru construcii. Este un caz recent este din 2012.
Din acest motiv ajung foarte puine cazuri n instan pentru c proprietarii
instig pe alii s taie pdurea dup care pozeaz drept victim.
Ofelia:Care sunt cauzele care contribuie la tierile ilegale de pduri?
Radu Mititean: Cauzle principale sunt legislaia i sistemul deoarece permit
tierea continu a pdurilor. Aa e fcut sistemul c profit de ceea ce mai este
de jefuit n Romnia i anume pdurea care mai este destul de mult i
interesele sunt foarte mari deoarece ea a fost cumprat de fonduri de investiie
strine. Sunt firme care au cumprat zeci de mii de hectare n Romnia i e clar
c nu le-au cumprat ca s le in acolo zeci de ani. Ei doresc s le taie i de
aceea se face un lobby puternic ca legislaia Romniei s fie ct mai permisiv
s se taie dar pentru c ar fi din punct de vedere politic greu s dai voie s se
taie deoarece toi specialitii spun c ar trebui s avem 40% din suprafa
acoperit de pdure i noi n acte avem 26%, dar n practic mult mai puin.
Atunci se nchid ochii i nu se ia nici o msur, dei se recunoate c este o
problem foarte mare i un volum imens. Interesele sunt pe scar mare. De
mafia pdurilor se vorbete c este una din cele mai puternice n Romnia.
Legturile merg pn n parlament i guvern i de aceea puini s-ar mai risca s
fure de capul lor i c i pentru un butean i se cere s dai cota parte. Nu se
ajunge n instan deoarece autoritile ajut s nu se ajung, se muamalizeaz
i se ngroap dosarul. De aceea cine a furat cu camionul nu fur de capul lui i
dac se vede n situaia s fie tras la rspundere ncepe s vorbeasc i ar putea
cdea i ali piloni din ar de aceea autoritile l protejeaz. Poliia tie i i
ajut de asemenea iar acetia care fur sunt angajai i nu fur cu tiina sau c
sunt infractori de felul lor.
Ofelia: Ai putea s mi dai exemplu de o lege care permite acest lucru?
Radu Mititean: Da chiar principal lege a codului silvic care pedepsete pei cei
care fur doar peste echivalentul a cinci metri cubi de lemn, coeficientul valoric,
de obicei mai mult de ct car o cru. Este o cantitate mare. n toate domeniile
orice cantitate este considerat furt mai puin n domeniul silvic n care dac furi
mai puin nu se consider furt. Doar dac furi repetat sau dac depeti
cantitatea. Deci eu dac fur noaptea arbori i m prinde poliia i calculeaz i
gsete mai puin nu e fapt penal, mi-i confisc i pltesc o amend. Singura
pierdere e c am pierdut o noapte de munc dar pot s merg noaptea viitoare i
s o iau de la capt. i iar m pot prinde i iar mi-o confisc dar nu am dosar
penal dect dac m prinde de mai multe ori ceea ce nu se prea ntmpl
deoarece autoritile fac doar din an n Pate cte un control i nu sistematic.
Dar exist i sate n care jumtate din populaie au dosar penal dar n practic se
dau condamnri cu suspendare nct a devenit o chestier fireasc demonetizat,
nimeni nu are fric de legea penal.

n acest domeniu sunt pomenite nume mari de minitri ca responsabili pentru

furturi. Nu o fac doar pentru ei ci doar coordoneaz treaba iar banii merg la toate
partidele. De exempu n legislature din 2000-2004 toi directorii ocoalelor silvice
judeene trebuiau selectai pe baz de concurs. Timp de 4 ani nu au fost scoase
la concurs dect nainte de alegerile generale. i astfel toi directorii au fost ntrun provizorat care n mod normal ar trebui s dureze cteva sptmni dar nu a
fost aa. Exist o diferen major ntre cei care au ocupat postul pe baz de
concurs care nu ar putea fi schimbai aa de pe o zi pe alta de ctre eful
ierarhic aa pentru c nu mi place. Ar trebui realizat un process prin care s
se dovedeasc c nu a respactat legea, pe cnd pe cel care l-ai numit provizoriu
n funcie e ca o delegare care poi s o modifici. De aceea erau inui cei
provizorii pentru c dac acetia refuzau s asculte ordinele de a permite pdurii
s fie tiat i furat ar fi fost dai afar fr probleme. Acelai lucru s-a
ntmplat cu arhitecii efi ai oraelor. De ce Clujul de 20 de ani a avut doar pe
parcursul a doi trei ani arhiteci efi constani? Erau puse persoane care ocupau
provizoriu sub motivul delegaiei postul ani de zile i astfel postul era blocat la
fel i cel de architect ef al judeului a fost blocat cu o delegaie provizorie care
poate nceta de pe o or pe alta dac la un moment dat refuz s semneze ceva
spunnd c este neetic .
De asemenea statul refuz s finaneze cu echipamente i dotri pe cei care
lucreaz n domeniul silvic iar mafia pdurilor are echipament de ultim or pe
care o are de obicei doar armata. Au arme, au de toate pe cnd pduarii sunt
inui cu echipamente din secolul trecut.
Anchetele jurnalistice sunt greu de fcut deoarece risc cei care o fac s i
gseasc casa distrus de ctre cei care au sezizat i sunt implicai.
Interviu 2- Korosfoy Sandor, preedinte ONG Floarea de col, 41 ani, ClujNapoca
Ofelia: De ce natur tii c sunt infraciunile silvice n jurul Clujului?
Korosfoy Sandor: Furtul este clar, dup aceea exist uz de fals sau trafic de
influen prin pdurarul care anun cnd vine control cnd se poate merge s
se fure.
Ofelia: Care tii c sunt principalii actori n acest domeniu?
Korosfoy Sandor: Ca i numrul mai mult sunt persoanle fizice dar ca i
cantitate persoanele juridice sunt cele care duc cel mai mult. Cei care
exploateaz ilegal sunt firme mici gantere mici nu cele mari. Beneficiari finali
sunt firmele mari.
Ofelia: Cum se explic discrepana ntre numrul proceselor care ajung n
instan i numrul mare de cazuri menionate n pres?
Korosfoy Sandor: Nu toate situaiile ajung n instan fie nu sunt dovezi, fie nu
se fac plngeri, unele se retrag nu apuc s fie anchetate sunt mai multe situaii.
Uneori se constat dar nu se ajunge n instan cu el. n majoritatea cazurilor se
afl c s-a tiat pdurea dar cantitile descoperite sunt mai mici. Poate unul a
furat tot anul dar este prins cu stocul pe o lun. Cam asta ar fi explicaia.
Chiar dac persoanele sunt menionate n pres aceste persoane nu apar n
cazurile cercetate n instan. De ce?Deoarece trebuie s se constituie prile cel
care reclam, reclamatul, autoritile, proprietarul de pdure i nu n toate
cazurile se ajung acolo. Uneori se face constestaie i se ctig pe procedur.
Nu de aceea nu se ancheteaz n continuare pentru c persoana nu e vinovat ci
pentru c nu s-a fcut rechizitoriul , au existat erori de procedur.

Ofelia: Care credei c sunt cauzele principale ale tierilor de pduri cel puin n
judeul Cluj?
Korosfoy Sandor: Exist dou atribuii ale lemnului furat unul pentru
construcii, precum material pentru cherestea i aa mai departe i a doua care
este o cantitate destul de mare pentru lemn de foc. Predispoziia omului spre
furt spre chilipir este o cauz, nu se poate zice c srcia ar fi o cauz. Omul
simplu l cumpr lemnul dar nu este atent ca s l cumpere legal s cear bonul
de tiere de la pdurar. E un fel de zon de intermediari care merg i taie ilegal.
Sunt ali care fac contract cu Romsilva i pltesc o anumit cantitate dar merg
de 5 ori cu acelai contract. Ei nu folosesc acte false e prea complicat, ci mai
degrab refolosesc aceleai acte de mai multe ori.
Ofelia: Care credei c ar fi soluia pentru a opri aceste fapte n viitor?
Korosfoy Sandor: n primul rnd ar fi contientizarea la toi oamenii asupra
procesului i cine vede o suspiciune de furt s sesizeze s sune la poliie sau la
orice organ competent. n cazul n care n sat se vede c vin iganii cu 5 crue
de lemn s sune la poliie ca aceasta s i verifice. Ar trebui s existe atitudinea
civic. Sau dac vede c un gater lucreaz smbt duminic arde rumeguul
ascunde urmele atunci s anune la garda de mediu la Romsilva sau la primrie.
Ideea e s se termine cu complicitatea. Toat lumea nchide ochiul se tie c se
fur, dar nimeni nu reclam. Fie pentru c se pun ru cu vecinii, fie c le este
fric fie c nu le pas. De multe ori aceste temeri sunt fondate. Era un pdurar n
Cometi i povestete lumea c i s-au spart geamurile i s-au rupt gardurile deci
sunt cazuri din acestea. i cei care au reclamat au fost ameninai n repetate
rnduri. Acest lucru se ntmpl pentru c unul doi i reclam dac s-ar face
acest lucru n repetate rnduri nu s-ar mai ntmpla. Dac suntem mai muli cei
pe care i deranjeaz furtul dect cei care fur atunci ncet ncet se va schimba i
nu vor mai putea s se desfoare aa uor dar pn noi rmnem complici
acest fenomen va continua. Nici mcar dumanii nu se prsc, nu se neleg s
fac acest lucru i totui nu se reclam reciproc. Situaia este destul de
complicat s-a ajuns la un compromis adnc. Zonele cele mai problematice sunt
Someul Rece i Rchiele iar celelalte chiar dac sunt oamenii din ora nu le
tiu.