Abuses persecutions and threats >>> Chronology of abuses
|Why it is an illegality /
abuse / persecution
|1971||Gregorian Bivolaru begins to teach yoga classes - constantly watched by the State Security for his correspondence with writer Mircea Eliade ("state enemy" due to his interest in oriental mysticism), his house searched under the pretext of weapons possession.||Weapons never found.
What is seized are his oriental philosophy and esoterism books, his correspondence and his notebooks.
|1982||The communist regime banns the Yoga courses, Gregorian Bivolaru continues to hold his lectures illegally for 170 yoga students.||Witnesses declarations|
|1984||Arrested for the first time for the alleged crime of possession of pornographic materials.||The true charge in the State Security's secret reports: conspiracy against Nicolae Ceausescu.
He escapes but he is captured and imprisoned again, in the absence of any court decision regarding whatever crime other than escaping. The detention is terrible, he is mistreated and beaten up, being permanently chained.
|Court decisions, penal file no. 5514/1984 Court of 4th District,
Penal decision no. 960 / 28.09.1984
|1984-1989||Permanently and openly watched by the State Security||Witnesses declarations|
|Sep-89||Confined and institutionalised at Poiana Mare Psychiatric Hospital , a prison for political dissidents, together with patients with real mental disorders. The State Security requests he is administered drugs in such doses to terminate an ordinary man.||The psychiatrist in charge with Mr. Bivolaru's mental destruction, dr. Leonard Hriscu, refused to apply the treatment, considering it excessive and unjustified.
In December 1989 (after the Revolution) a medical commission released Mr. Bivolaru in a few hours, while true patients stayed.
|Court decisions, penal file no. 5565/1989 Court of 1st District
Penal decision no. 616 / 19.08.1989
Video tape with doctor's declaration
|Aug-94||First criminal attempt on his life (a gang of hooligans broke into his room at the Amiral villa in Costinesti, Black Sea Coast , beat him badly, destroyed the goods in the room).||No police investigation, authors unknown, although eye-witnesses identified the aggressors, local VIP's.||Witnesses declarations|
|5-Feb-95||Second criminal attempt on his life (explosion at his apartment in Bucharest , caused by a criminal hand). Entire block of flats was damaged, over 3000 rare books burned.||Investigations of fire-brigade and independent experts proved the criminal intent of unknown persons. No police investigation, all damages (including to neighbours) fixed on Mr. Bivolaru's expenses, police instigated people to say Mr. Bivolaru had caused the fire, the press as well blamed him.||3 technical expertise after the fire
|Since 1995||Phone conversations of Mr. Bivolaru and other MISA members intercepted (special procedure provided for in the Law for the National Security no. 51/1991, Articles 13-15)||No charge related to national security, intercepted calls should not be accepted as evidence.||Penal file 720 /P/ 2003, page 543|
|12-Mar-04||Prosecutors' Office of the Bucharest Court of Appeal starts the prosecution in rem for the offenses of tax evasion, organized crime, money laundering.||Prosecution in rem (authors unknown), despite of 10 years of surveillance and phone interceptions.||Penal file 720/P/2003, pages 69-73|
|18-Mar-04||Savage house searches in 16 locations, including Mr. Bivolaru's apartment.||Breech of legal procedures:
Mr. Bivolaru's apartment vandalized while he was taken to a police station for an invented reason, goods seized not related to the search, not listed and sealed properly, from several rooms simultaneously.
Other locations: heavy armed troops break into by force, people threatened by gun, molested physically and mentally, kept barely dressed, face down on the floor for hours, some handcuffed, no lawyer, no translator for foreigners, goods seized not related to the search, not listed and sealed properly, from several rooms simultaneously, people taken by fore to prosecutors' office to give declarations (dictated by prosecutors), no lawyers
Many witnesses declarations
|18-Mar-04||17 years old Madalina Dumitru signs under pressure a declaration (turned later on into a complaint by the authorities) about alleged sexual relations and sexual perversions (Articles 198 and 201 of the Penal Code).||Declaration signed after 13 hours' investigation at gun point, no lawyer or parents present. Withdrawn next day, a new declaration filed + complaints against prosecutor's conduct.
Gabriel Andreescu (Association for the Defence of Human Rights in Romania Helsinki Committee) interviewed the minor. Withdrawal of declaration leaves the prosecutors with no injured party...
|Declaration, penal complaints against prosecutors, request for disciplinary actions against prosecutors|
|23 mar 04
5 apr 04
|Guilt of Mr. Bivolaru publicly stated or assumed by political figures, violating the assumption of innocence.||Raj Tunaru, deputy: I insistently ask the investigation authorities, especially the General Prosecutor of Romania, to issue urgently a warrant of arrest according to the legislation in force, and this to be prolonged by the judges, according to the law, until evidence will be produced in order to arrest the bastard [Gregorian Bivolaru].
Ioan Rus, Minister of Internal Affairs: "I consider as strange the release of Gregorian Bivolaru on procedure reasons.
|Parliamentary debates on the site of Chambers of Deputies, transcriptions in the Official Gazette|
|28-Mar-04||Gregorian Bivolaru and customs officer Zsolt Farkas captured by the Border Police, charged with attempt of illegally crossing the state border. Authorities generated confusion to facilitate the set up.||1.Transcripts of PSD (ruling party at that time) meetings show Prime Minister and Internal Affairs Minister talk in party meetings about Gregorian Bivolaru, ordinary citizen, no party member, charged with an offense not related to political/economic activities.
2. Eye witnesses denounce the set up (Gregorian Bivolaru and Zsolt Farkas forcefully brought out and dragged on the border line, on the in-coming lane, while photographed in order to prove the alleged attempt). They were both inside the customs office to check the contradictory rumours that "Bivolaru has an interdiction to leave the country". He had no interdiction so no reason to cross illegally. The officer who checked the interdiction stated that due to a name confusion he informed him that the defendant Gregorian Bivolaru is confined to the border and cannot leave Romania . The pretended name confusion between Gregorian Bivolaru and Gabriel Bivolaru, ex-PSD deputy, condemned and wanted for a 60 million dollars bank fraud, is unsustainable, database contains significant information about the confined persons, not just the name.
3. Journalist claims (phone intervention in live TV show) a diversion
by Mediafax news agency, who said they were ordered to say
Gregorian Bivolaru was confined at the border, although not true.
|3 volumes published at Ziua printing house
Records of TV shows
|28-Mar-04||Violation of his right to freedom and security||1. Bodily searched without a decision from a judicial authority.
2. Detained 24 hours by Nadlac Border Police without being brought before a judge.
3. The time elapsed between 28 March 20:30 and 29 March 6:00 is not deducted from the 24 hours detention time.
|Application in September 2004 to the European Court of Human Rights|
|30-Mar-04||1st arrest warrant, for sexual act with a minor, despite the lack of evidence to justify such a measure, under political pressure||1. The so-called injured party had withdrawn the declaration taken by force; no evidence of the alleged offence, only allegations.
2. Evidence illegally obtained by breaking procedure code.
3. Judging panel presided by the president of 2nd Penal Section (administrative position, controlled by Minister of Justice)
|Memorial of Mr. Bivolaru's lawyers in Romania|
|1-Apr-04||Illegally retained for aprox. 10 hours||Although Bucharest Appeal Court decided his release (effective immediately), since the Court issuing the warrant did not have competence in this matter, he is taken back to Police detention center and his lawyers are not allowed in.||Penal file 720/P/2003 and application to the European Court|
|1-Apr-04||Obvious pressure to send him to prison, no time allowed to prepare the defence||1.During the same day the file is sent from Appeal Court to Court of 5th District, a new file is put together, the court hurries to judge a new proposal for pre-trial incarceration in closed session, while the defendant was still illegally detained.
2. Judging panel presided by president of 5th District court (administrative position, controlled by Minister of Justice)
|Penal file 720/P/2003 and application to the European Court|
|mar-apr 04||Violation of his right to a private and intimate life||1. Aspects of personal and intimate life of both Madalina Dumitru and Gregorian Bivolaru made public.
2. Documents seized during searches handed to the press, exaggerated and mocked by the authorities in order to provoke negative public reaction.
3. Release of illegally intercepted phone conversation to the press, the authorization covered only threats to national security.
4. Photo and video shoots at Nadlac customs point, meant to denigrate and humiliate him.
|TV shows, newspapers|
|31 may 04||New arrest warrant for sexual act with a minor, despite the lack of evidence to justify such a measure, and violating the assumption of innocence||Evidence either
1.illegally obtained during the house search, phone conversations wire-taped under the law of national security, or
2. with no real base (the complaint of the minor, withdrawn), or
3. are argued against by the very evidence in the file (complaint of minor's mother, previously quashed by the Police).
4.Motivation of the decision: The notorious reaction of the public (who took note of the committing of serious penal facts against a minor) has created a certain public disorder that justify the drastic measure towards defendant Gregorian Bivolaru, without denying the presumption of innocence to which the defendant is entitled until a final sentence. The release of the defendant really disturbs the public order.
5. The court ignored threats to his life, refused to grant him protection and considered he was escaping.
|Penal file 3989 / 2004 at the Court of 5th District and memorial of Mr. Bivolaru's lawyers in Romania|
|3 jun 04||Obvious pressure on the judges||The list with the day's causes posted without the names of the judges, when the turn comes for Bivolaru, another list appears, with different judges from the ones who judged previous cases during the day.||Decision to reassign the case to Sibiu Court - penal file 5546 /2004 of the High Court of Cassation and Justice and memorial of Mr. Bivolaru's lawyers|
|19-Aug-04||Violation of right to freedom and security||Measure of pre-trial incarceration maintained without being legally prolonged every 30 days.||Penal file 353 / 2005 at Sibiu court|
|19-Aug-04||Court sessions held despite illegal citations||Cited at his domicile, although known as absent and pursued nationally by the police since 4 June, and internationally since 21July||Subpoena and citation reports|
|Jan- Feb 2005||50 mil lei reward (approx. 1400 euro), 3 weeks campaign in 2 daily newspapers and 4 TV channels||Unprecedented in Romania to offer a reward for a person not judged yet, while hundreds of convicted criminals are escaping||Ziua and Gardianul newspapers and records of TV spots|
|15-Apr-05||2nd arrest warrant, for persons trafficking||1. Unconstitutional to issue two warrants at the same time for the same person; this shows authorities are aware 1st warrant does not stand.
2. Illegal citation, Mr. Bivolaru cited at his residence although it was known he was detained in Sweden
3. Bucharest Court not considered impartial, High Court reassigned previous file to another court in the country
|Memorial of Mr. Bivolaru's lawyers|