Juridical situation >>> Status >>> THE BUCHAREST TRIBUNAL ACKNOWLEDGES: GREGORIAN BIVOLARU WAS SENTENCED AND JAILED FOR POLITICAL REASONS DURING THE COMMUNIST REGIME!
The Court decided that Gregorian Bivolaru was politically persecuted and communists dictated all his convictions before 1989 Revolution.
Gregorian Bivolaru was innocent for all the supposed crimes for which he was tortured and imprisoned!
On Monday, the 4th of July 2011, it was made public the Bucharest Tribunal solution for the file no. 48765/3/2010, in favor of Gregorian Bivolaru.
In this file, during October 2010, Gregorian Bivolaru asked the Romanian Court, through his lawyer, to take note of the following:
- · The political nature of his convictions before Romanian Revolution, during years 1977 and 1984;
- · The political nature of his forced hospitalization in the Psychiatry Hospital Poiana Mare in 1989.
During communist regime, Gregorian Bivolaru was arrested, tortured, morally discredited, severely beaten and was falsely accused for common law crimes. The real reason behind these persecutions was he continued to teach Yoga courses, even after this spiritual practice was banned in Romania by the communist regime, which opposed to any form of human (moral, spiritual, cultural) emancipation.
Gregorian Bivolaru came in sight of the communist Secret Service (Securitate) since 1972, due to his correspondence with Mircea Eliade, a well-known Romanian writer and philosopher. Claiming they are looking for stolen guns, the Securitate agents made the first raid at his home, confiscating many of his lecture notes made after studying in libraries in Bucharest, many books and magazines on Yoga and paranormal phenomena, obtained with great efforts (during the communist regime this kind of publications where very rare). For the same reason, during year 1977, he was harassed, accused and finally convicted for “possession and distribution of obscene materials”. Such an “obscene material“ confiscated during raids is “Metaphysics of Sex“, the book of renowned Italian philosopher and esotericist Julius Evola.
The persecution reached a higher violence level during the ’80 related to the “Transcendental Meditation Affair“, a meditation group considered dangerous by the communist government. Due to the participation of many psychologist researchers in the Transcendental Meditation group, on the 27th of April 1982, Nicolae Ceausescu closed down the Psychological and Pedagogical Researches Institute and banned any forms of yoga and karate. Because he attended the Transcendental Meditation, Gregorian Bivolaru was arrested and held in custody for three days, in the Securitate’s arrest in Rahova Street, in Bucharest.
After three days, before being released, the head of the local Securitate department, colonel Gheorghe Vasile, who knew that Gregorian Bivolaru was appointed head of the Romanian Transcendental Meditation group, told him to stop any kind of such activity, or else he will go to prison. The Securitate extended the interdiction for Transcendental Meditation techniques also for “Yoga and other oriental inspired rituals“.
In this political context, Gregorian Bivolaru continued Yoga practices with his friends and the authorities considered his decision a hostile activity against communist regime, situation that determined their continuous monitoring and persecution. Named a “fanatic element“ in Securitate’s documents, Gregorian Bivolaru was beaten and tortured with cynicism and endless cruelty during investigations, to force him make self-accusatory statements. In this situation Gregorian Bivolaru’s decided to escape from Securitate prison, an original form and unique case of protest against investigators villainy and brutality. In 1984 when was investigated in the Securitate arrest, he escaped using certain capacities awaken by Yoga practices.
In the prosecutor’s office indictment, issued during August 1984, it was mentioned that he committed a number of felonies, but the penal sentence no. 960 dated the 28th of September 1984, ruled by Bucharest court of 4th sector, he was convicted only for escaping, to one year and six months of prison, because for the other false charges he was amnestied. During his detention, he was held in a special cell, with legs tied with a 6-7 kg chain.
During year 1989, he was once again arrested and brought to the Securitate prison, beaten and tortured, being sent afterwards to the Psychiatry Hospital Poiana Mare (a final destination for political dissidents), where they tried to completely annihilate him using psycho-mental means. He was saved thanks to the courage of his assigned doctor who realized he was not “mentally ill“ and who refused to treat him as he was prescribed.
In his recent court request, Gregorian Bivolaru demanded the acknowledgment of the political nature of his convictions and forced hospitalization, both decided by the communist secret service Securitate. The Court found this true and admitted his request. Here is the final part of Court’s decision:
“… THE COURT PARTIALLY ACCEPTS THE ACTION. IT STATES THE POLITICAL NATURE OF THE CONVICTIONS DECIDED AGAINST THE CLAIMANT BY PENAL SENTENCE NO. 68/1977, PENAL SENTENCE NO. 960/1984. IT STATES THE POLITICAL NATURE OF THE CLAIMANT’S HOSPITALIZATION RULED AGAINST HIM BY PENAL SENTENCE NO. 616/1989. IT REJECTS AS NOT GROUNDED, THE REQUEST FOR COMPENSATIONS … The decision can be attacked with appeal.“
This solution shows that Gregorian Bivolaru was a victim of communist regime and the similarities of some accusations during that time with some accusations he is charged with now lead us to the idea of a continuity of such persecution, on ideological reasons (as stated in the decision of Supreme Justice Court in Sweden, who rejected Gregorian Bivolaru extradition and offered him political asylum). Bucharest Tribunal decision is the more noteworthy because the denigration campaign against Gregorian Bivolaru after 1989 insisted on the fact that he was a “common criminal“, because he was arrested during communist regime.
Referring to the requested compensations, the legislation recently changed due to the economic crisis and for this reason, for the moment, the compensations request was not admitted.Gregorian Bivolaru is currently in Sweden, where he was granted political asylum in 2005 by the Swedish Supreme Court of Justice.