Who is
and threats
of the case

Abuses persecutions and threats >>> WHO PULLS THE STRINGS: The Government

Below we quote from the P.S.D. – Social-Democrat Party – transcripts of the meeting of March 27th. 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…"

"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 27th 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 28th 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 27th 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 28th 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;
e) gender
f) citizenship;
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."

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.

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.

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