Abuses persecutions and threats >>> Memorandum on abuses >>> Recent abuses and setups
Approximately since 1995 the Romanian Secret Services (SRI) started to monitor the activity of Gregorian Bivolaru and MISA, as they considered that the organization he founded, as well as himself, represented a threat to the national security. Thus applying the special procedure provided for in the Law for the National Security no. 51/1991, Articles 13-15, the phone conversations of Gregorian Bivolaru and other MISA members have been intercepted. As a result of this wire-tapping and other similar activities, on the 1 st of February 1999 the Secret Services informed the authorities about the perpetration of offenses against state security, such as propaganda in favor of the totalitarian state, provided for in Article 166 Penal Code (PC), and the communication of false information, provided for in Article 168 1 PC. By the resolution no. 500/P/1999 from the 30 th of October 2000 the Prosecutors' Office of the Bucharest Court of Appeal decided not to start the penal proceedings . On the 27 th of May 2002 the Romanian Secret Services communicated again to the Prosecutors' Office of the High Court of Cassation and Justice the fact that between 1999 and 2002 the persons previously investigated had continued to do in an organized way similar actions to those clamed in 1999. By the resolution no. 500/P/1999 on the 7 th of April 2003 it was again decided not to start the penal proceedings , but on the 12 th of March 2004 the resolution issued one year before was quashed and it was decided to proceed with the investigation.
On the 12 th of March 2004 the Prosecutors' Office of the Bucharest Court of Appeal started the prosecution in rem (i.e. authors unknown) – after a decade of surveillance - for the offenses provided for in Article 11 (b) of Law no. 87/1994 (on tax evasion) republished with application of Article 13 PC, Article 7 with application of Article 2 (b) points 14 and 18 of Law no. 39/2003 (prevention and fight against organized crime) and Article 23 (c) of Law no. 656/2002 (money laundering), all of them with application of Article 41 par. 2 and Article 33 (a) PC, offenses considered by the representatives of the Public Ministry in resolution no. 720/P/2003 on the 12 th of March 2004 as being committed by members of MISA under the guidance of Gregorian Bivolaru.
Ignoring the object of the respective file, based on which search warrants were issued, namely above-mentioned offenses, the authorities performed a savage search and seized tens of personal belongings and even intimate things with no connection to the reason of the search. The persons found at the searched locations were subject to mental and even physical torture for hours. Among these there was also the 17 years old Madalina Dumitru who, after 13 hours of interrogation carried out with no legal assistance, made a declaration turned later on into a complaint by the authorities, complaint that supposedly accused Mr. Bivolaru of sexual relations and sexual perversions, incriminated by Articles 198 and 201 of the Penal Code.
Here are some excerpts from an interiew with Madalina Dumitru, taken by Gabriel Andreescu (Association for the Defense of Human Rights in Romania – Helsinki Committee):
"They took my to the Prosecutors' Office […] After two and a half hours a prosecutor came in. He told me to write down as they dictated to me, and it would be okay with Mirona as well. "It's also going to be okay for this Bivolaru of yours." Meanwhile he was talking to those doing the house search and they were telling him what objects they found at my place.
A woman came in, saying that she was a psychologist and she would try her best to calm me down. She told me: "Haven't you heard how he makes sex with the women in the Ashrams?” She told me to write Grig, to write his name. I was resisting, as I knew it was a lie. Then the prosecutor told me: "Let us paint.” He asked me to paint a tree. I drew a yantra. He got angry and asked me to choose from several colors. From among all the colors the psychologist showed me I chose black.
They asked me whether Bivolaru can influence me through telepathy. They asked me when I started to practice yoga. "In 2002.” They were very surprised, as if they were calculating something. They insisted to write down that I had started in 2001. I didn't want to. "Why are you a bad girl? Is this what Bivolaru taught you, to be bad? If you don't write this, you will never leave from here.” The psychologist came to me, pulled me by the hair and said to me: "Why are you stubborn? Why don't you write what the prosecutor is telling you?” I started to cry and to shiver. "Why do you do that? Is this what they teach you to do?"
My head started to hurt very badly. They phoned to bring me some pills. I calmed down. They told me to write down that I came to a conference in Bucharest and in the end I went to Grig and told him I wanted to be his lover.
[While she was giving this statement, Adina Solomon , the lawyer of Madalina Dumitru, was trying to get to her, but she was not allowed.]
The very next day, on the 19 th of March, Madalina Dumitru, who was unwillingly transformed into an injured party, withdrew her statement taken under pressure on the 18 th of March and filed a complaint against the abusive behavior of the prosecutor. The Prosecutors' Office of the Bucharest Court of Appeal ignored both this complaint and her statement to the press that she hadn't had sex with Gregorian Bivolaru, and decided on the 26 th of March 2004 to start the penal prosecution against Gregorian Bivolaru under the charges of sexual act with a minor provided for in the Articles 198 para. 2 and 3 PC and sexual perversions provided for in Article 201 para. 2 and 3 1 PC. It is probably a national – f not international – premiere, when an alleged injured party claims she was not injured, and the authorities contradict her and ignore her statements.
On the 28 th of March, following some ambiguous news about an interdiction to leave the country, Mr. Gregorian Bivolaru went to Nadlac border point to check whether he was confined to the border or not. Mr. Bivolaru considered this check necessary since several radio stations had already stated " Bivolaru is confined to the border ", although the interdiction was meant for Gabriel Bivolaru, former deputy of the ruling party who had been sentenced in absence to 5 years' imprisonment for bank fraud.
The reason for the journey to Nadlac was a planned trip to Hungary . Thus, in order to avoid a possible situation leading to the conclusion that he intended to escape the prosecution, Bivolaru and a yoga practitioner friend, Farkas Ferenc Zsolt, tried to get information on his possible interdiction to leave the country from an acquaintance of the latter, a customs officer at the Nadlac customs.
THE TRANSCRIPT OF SOCIAL-DEMOCRAT PARTY'S MEETING ON MARCH 27 TH 2004 - THE PROOF OF THE SET UP
Below we quote from the P.S.D. – Social-Democrat Party – transcripts of the meeting of March 27 th . These fragments refer to citizen Gregorian Bivolaru, not a member of the party, however his case is reported by the Internal Affairs Minister at that time, Ioan Rus, to prime-minister Adrian Nastase, during a meeting of the permanent delegation of the party.
Ioan Rus "…And the other Bivolaru (Gregorian e.n.) is close to a conviction. There is already enough evidence to incriminate him."
Adrian Nastase "I understand that it is sex instead of bread. Some people like Basescu for instance, offer the circus, other people offer sex to the people, others…"
Mr.…. " The police is trying to get them out now ."
Overlooking the frustration of the former prime-minister and his obvious "empathy" with the citizens, we will stop at the mysterious mister "Mr….".
May we notice that on March 27 th 2004, "Mr. ..." - whose name does not appear in the transcript, being kept secret by the services that he belongs to - makes a revealing statement regarding Gregorian Bivolaru and the customs officer, Zsolt Farkas. The very next day, March 28 th 2004 , the two are captured by (attention!) the Police, and charged with attempt of illegally crossing the state border.
This way the statement "is trying to get them out now" reveals its meaning. The police not only tries, but in this case it even succeeds.
There are relevant confessions of the eye witnesses proving that Gregorian Bivolaru and Zsolt Farkas were forcefully brought out and dragged on the border line (on the in-coming lane), where they were photographed in order to prove the alleged attempt.
Of course that if these revelations didn't end right with this transcript of March 27 th 2004, more truth would come out, but this is not in the interest of the secret services, that so cleverly planned this set-up.
There are also other arguments that prove undoubtedly that what happened at Nadlac border point was a set up .
The Romanian authorities, respectively the Nadlac Border Police, have decided the detention motivating they had caught Gregorian Bivolaru and Farkas Ferenc Zsolt in flagrant while trying to illegally cross the Romanian state border.
From the very first statements taken by customs police from both Bivolaru and Farkas, they both denied having been caught while walking " from the exit of the customs building and passing by the customs office towards the Hungarian border avoiding the check points, where the passports are checked in view of entering the country, at approximately 10-15 meters, without presenting themselves to the mentioned check point in order to hand in their passports for checking ", as it was recorded in the report no. 3727 on the 28 th of March 2004, file no. 1620/P/2004 of the Prosecutors' Office of Arad Court of Law. Both of them declared that the customs police detained them inside the customs office, where they went to find out whether the information that Gregorian Bivolaru had been confined to the border was true. Also, both declared that they were taken out of the customs office and filmed, in order to "prove" that they tried to commit the crime provided for in Article 70 of the Government Emergency Ordinance no. 105/2001. Their statements are contradicted by witness Doru Biris, the officer whom Bivolaru and Farkas asked to check whether Gregorian Bivolaru was confined to the border or not.
In his statement, the witness Doru Biris says that " due to a name confusion he informed him that the defendant Gregorian Bivolaru is confined to the border and cannot leave Romania ". The justification that he would have mistaken him with Gabriel Bivolaru, pursued for a 60 million dollars bank fraud, is unsustainable because Article 53 paragraph 1 of the Government Emergency Ordinance no. 105/2001 provides that the database contains the following information regarding the persons confined to the border:
a) name and surname, previous name, pseudonyms or nick-names;
b) specific physical marks (eye colour, height…);
c) the first letter of the middle name;
d) date and place of birth;
g) whether the person in question is armed, according to the case;
h) whether the person in question is violent, according to the case;
i) the reason of the confinement;
j) the measure to be taken.
Considering that Doru Biris was handed in the passport of Gregorian Bivolaru in order to check whether the latter was consigned to the border or not, and considering also the amount of information available in the customs computer, the "confusion" cannot be considered but an intentional misleading , in the series of authorities' attempts to make up evidence against Gregorian Bivolaru at any cost.
And all this because in other circumstances Gregorian Bivolaru would have had absolutely no reason whatsoever to attempt to illegally cross the border, since no preventive measure was decided against him due to the lack of evidence. In other words he could have easily crossed the border without anybody raising any objection.
The proof that the authorities willingly generated a confusion in order to facilitate a set up is the statement given in a live intervention by the journalist Christian Levant on B1TV channel: " that is why I say it is a diversion [...] because today in the press conference we were told that the penal prosecution against Gregorian Bivolaru had not started [...] but later on we called Mediafax and we asked, they told us the news [that Bivolaru is pursued at national level] was not true, but they were ordered to tell it [...] this is what they told both to me and to a colleague of mine ".
On the 30 th of March 2004 the Bucharest Tribunal ruled in the dossier no. 1775/2004 the 29 days' incarceration of the two defendants (Decision taken in the Council Chamber on the 30 th of March 2004). Both of them appealed. The Bucharest Court of Appeal in the appeal file no. 1109/2004 legally observed that the competence of a court can be appreciated according to the offenses for which the incarceration of the defendants was solicited, and not all the offenses under investigation in the same dossier; that is why Decision no. 131/R stated that the Bucharest Tribunal is not competent to judge the proposal or pre-trial incarceration and that the 24 hours retention had expired. Therefore it was decided to release both of them and to send the proposal of pre-trial incarceration to be re-judged by the 5 th District Court of Law.
Although according to article 350 of the Penal Procedure Code the release is to take place immediately , Gregorian Bivolaru was illegally retained 10 more hours in the custody of the Police General Inspectorate.
On the 5 th of June, after countless trials, appeals, exceptions raised, and judging panel contested, the decision of pre-trial incarceration of the 5 th District Court of Law remained final, in the absence of the defendant who is considered to be absconding.
At present, the High Court of Cassation and Justice admitted implicitly the high media and political pressure in this trial case, and approved the request of reassignment, the cause being now judged at Sibiu Court .