Juridical situation >>> 1st arrest warrant: Madalina Dumitru, invented victim
UPDATE - GREGORIAN BIVOLARU, AQUITTED FOR ALL ACCUSATIONS:
- SIBIU COURT HAS RULED: GREGORIAN BIVOLARU IS INNOCENT
- INFORMATIONS FROM THE MINUTE OF THE PENAL DECISION NO 86/23 APRIL 2010
A. AUTHORITIES ABUSES AGAINST MADALINA DUMITRU
- 1. Brief exposition of facts
- 2. Summary of violations of fundamental human rights and freedoms
- 3. Conclusions
|The most aggressive and abusive campaign ever - Madalina Dumitru|
B. DECLARATIONS AND COMPLAINTS
- 1. Declaration on 19 March 2004, withdrawing declaration taken under pressure on 18 March 2004
- 2. Penal complaint against prosecutor George Balan (head of Prosecutor's Office of Bucharest Appeal Court)
- 3. Penal complaint against several prosecutors
- 4. Request for disciplinary actions against prosecutors
- 5. George Balan's resolution to deny the penal complaint
A. AUTHORITIES ABUSES AGAINST MADALINA DUMITRU
1. Brief exposition of facts On March 18 2004, the Romanian authorities started the most aggressive and abusive campaign ever aiming to denigrate MISA yoga school and its students, as well as Mr. Gregorian Bivolaru , the spiritual leader of MISA. Among all these abuses, one stands out due to its gravity: the inhumane, degrading treatment endured by the minor Madalina Dumitru (born in September 1986). In fact, she is the victim of the authorities' attempt to set up a criminal file against the spiritual leader of MISA, Mr. Gregorian Bivolaru.. Although the investigators declared that she was just a witness, the minor was treated like a real criminal, treatment that violates fundamental provisions of national and international legislation.
On March 18 2004, during a violent house search, Madalina Dumitru was filmed, against her will, barely dressed, treated brutally, threatened, the gun pointed to her head by masked men for over 14 hours, and the tape were broadcasted on all TV channels, damaging severely her image During the search she was absolutely denied the right to get in contact with her family or with her lawyers, though she insistently requested it. The violent actions of the Romanian authorities represent a serious violation of the right to freedom and security, of the right to defense, of the right to respect one's private life and of the right to one's own image. In fact , the authorities attempted to create a state of terror which would determine the minor to sign a declaration forced by the investigators, the goal being to charge Mr. Bivolaru with sexual intercourse with a minor.
To this effect, the prosecutor used a variety of manipulating strategies: from a friendly conduct (the investigator being helped by a psychologist), insults, assaults and threats, to effective violence (the investigator pulling the minor's hair). She was suggested to write that Mr. Bivolaru was her yoga teacher, and that it would be better both for her and for Mr. Bivolaru to declare that she knew him since the summer of 2001 (when she was not 15 yet). This shows the clear objective of setting up a charge against Mr. Bivolaru. Under pressure and terror, Madalina Dumitru gave in and signed that declaration based on untrue facts, in the absence of her lawyer. It is anyway easy to understand why a 17 years old girl signs a declaration against her will after 14 hours of abuses, out of which 8 hours faced down on the floor in her house, with a fire gun pointed to her head. Several of the fundamental human rights were consequently breached: right to liberty and security, right to defense, prohibition of torture, cruel, inhumane and degrading treatment.
We emphasize that Madalina Dumitru has never made a complaint against Mr. Gregorian Bivolaru, but against the authorities, for abusive conduct, and at the same time she retracted her first declaration, specifying that it was obtained under terror. Nevertheless, the authorities have not answered yet to this complaint and nor they attached it to the dossier of the case. 10 days later, the minor expressed again her intention to revise the initial declaration, obtained under physical and psychical pressure, and to give a new declaration in the presence of a lawyer. The investigators refused this again, violating therefore her right to the free access to justice, freedom of expression and right to defense.
The prosecutors sent her under escort to the Forensic Institute (IML) for a gynecological and anal examination, again against her will. At the IML she was violently separated from her fiancé Remus Lomos and from her lawyer and forcefully kept inside IML. There are many tapes, broadcasted by most televisions, showing Madalina Dumitru crying under terror, desperately trying to get out of the Institute, and repeatedly telling the press she had never had sex with Mr. Bivolaru and had never been raped. The authorities breached again her fundamental rights regarding the prohibition of arbitrary retention or arrestment, prohibition of torture, as well as of inhuman and degrading treatment.
Madalina Dumitru was taken against her will to the Child Protection Office in Constanta where, without observing the legal provisions and again against her will, she was entrusted to her sister's family ( Iordache Marian and Iordache Florentina ). There the minor was repeatedly threatened, terrorized and beaten by both her elder sisters and her brother-in-law, and she was sexually harassed by Iordache Marian. She was also not allowed to marry her fiancé, despite her wish, and to continue to go to school. Consequently, several rights was again breached: right to marry, right to education , freedom of movement, freedom of assembly and association, freedom of expression, freedom of thought, conscience and religion. These facts happened at the instigation and with the complicity of the authorities who permanently watched over her through police and secret service.
As a highlight, the authorities announced that the minor took advantage of the negligence of those watching her and she disappeared on April 21, being therefore searched nationally and confined at the border. This is extremely surprising as long as she is officially considered to be a victim, which normally is not searched or confined at the border. Up to now we still do not know where Madalina is.
2. Summary of violations of fundamental human rights and freedoms
The following internal and international legal regulations have been violated during these abusive actions, completely unconceivable for a so-called democratic state:
• Prohibition of torture, as well as of inhuman and degrading treatment; right to liberty and security; right to respect for private and family life; freedom of thought, conscience and religion; freedom of expression; freedom of assembly and association; right to marry; right to an effective appeal; prohibition of discrimination; prohibition of abuse by right (European Convention of Human Rights, 1950)
• right to life, liberty and security; prohibition of torture, as well as of cruel, inhumane and degrading punishment and treatment; prohibition of arbitrary retention or arrestment; presumption of innocence; prohibition of arbitrary intrusion within private life; freedom of movement; freedom of founding a family; protection of private property; freedom of thought, conscience and religion; freedom of opinions and expression; freedom of assembly and association (Universal Declaration of Human Rights, 1948)
Minor Madalina Dumitru has obviously been a victim of the abuses and of the authorities' attempts to manipulate her, which caused her strong physical, psychological and moral traumas. In her case the authorities committed an unprecedented series of abuses and violations of the fundamental human rights which cannot find their place in a democratic state that aspires to access to the European structures within a short time. The efforts the investigators have done to obtain false declarations do demonstrate serious abuses in exercising the tasks related to their official position and the existence of a well-conceived plan and directed probably from higher levels, meant to discredit and intimidate Mr. Gregorian Bivolaru and this yoga school.
We hereby ask the international organizations defending human rights to take a position and grant Madalina Dumitru all the necessary support in order to recover all the normal rights a minor should enjoy, to get back to a normal life as any other teenager, and to resume her educational, social and private activities.