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Gregorian Bivolaru’s Case At The High Court Of Cassation And Justice Of Romania Will Be Rejudged: A Peculiar Decision Of The Court Concluding 8 Years Of Highly Controversial Judicial Work

by Crystal - Monday 23 April 2012 - 1620 letture

By Advaita Mihai Stoian

On the 12th of April 2012, the Supreme Court of Romania was supposed to come with a decision in the file 405/85/2005 in which renowned yoga teacher Gregorian Bivolaru was charged with the following offenses: sexual act with a minor, sexual perversion in a continuous form, minor trafficking, sexual corruption, sexual act with a minor in a continuous form, fraudulent attempt of crossing the Romanian board.

After being acquitted by the two previous courts because the incriminating facts did not exist, Mr Bivolaru’s case was appealed by the prosecutors to the highest court of the country.

Only at closer inspection does this fact reveal something strange: the state (represented by the prosecutors) is complaining to the state (the Supreme Court) against the job done by the state (the two courts before). One might say this shows the independence of the justice courts in Romania, but to me this shows, on one hand, the disarray the Romanian judicial system is currently in and, on the other hand, it reveals the hidden agenda that wants to have Mr Bivolaru convicted at any price.

The Alba Iulia Court of Appeal not only maintained the not guilty verdict for Mr Bivolaru but also denounced in strong terms (expressed in the final verdict document) the many mistakes and irregularities performed by the prosecutors in the preparation of the case. Normally such previous decisions would recommend the Supreme Court to analyze the procedures from the previous courts and eventually to send back the file to the lower court to be reconsidered. But this happens when the state works for the interests of the citizen in general and not for the interests of some particular citizens.

Therefore, despite what would have been the normal course of events, the Highest Court of Romania decided to cancel the two decisions that were taken by the previous courts and to rejudge the file one more time, admitting the request of the prosecutors (the same ones found by the Court of Appeal of Alba Iulia to have done a series of mistakes and errors in their proceedings!).

In other words, the Supreme Court is pushing away the embarrassment of the previous decisions (brushing them under the carpet) and giving the upper hand to exactly those who were in fact proven wrong…twice (the prosecutors).

At a first glance one might consider that this decision will have a positive outcome, but at a closer look one can discover that things are not as nice as they are presented to the general public in order to save Romania’s image in front of a Europe that has impatiently run toward the high level of corruption and lies that almost paralyzes the Romanian judicial system.

What very few know is that the court has already taken into consideration all the evidence, they have called upon the so-called victim to give a full interview in the court and even accepted the illegal phone-tapping documents that were provided in the last moment by the prosecutors. In other words, the Supreme Court ALREADY FULLY JUDGED THE CASE! But under the pressure created by an average of 3-4 daily appeals from different MEPs arriving on the desk of the Minister of Justice in Bucharest, a conviction of Mr Bivolaru would have looked strange and risked raising suspicion in Brussels. Therefore by deciding to cancel the previous judgments and saying they will rejudge the whole case they can buy more time in an attempt to push away the international pressure and create a frame in which a conviction of Mr Bivolaru will not look so suspicious.

But such proceedings reveal that the decision has already been made and that they only wait for a better situation to put it forward. Why else, after performing all the operations that would easily qualify as a rejudging of the case to decide…would you do it all again?

Moreover, the court has cancelled the previous decisions of the courts, decisions that were not only acquitting Mr Bivolaru but were also pointing out some procedural mistakes of the prosecutors. In a normal situation, the Supreme Court would have to analyze the correctness of the procedures from previous courts and if any mistakes were found to have been made to send the file to be rejudged. In this case, the Court is canceling the critical judgment of the previous courts and is admitting the prosecutor’s objections. Now there is something that I cannot ignore if we are to present the facts from a wider perspective.

For anyone who knows at least a little about Eastern European politics, and the way corruption is affecting these countries, the political control of the judiciary is mostly operating at the level of the Supreme Court of Justice. There are endless scandals and suspicions with regards to the political control of the Supreme Court of Justice. Particularly in Romania, this fact has constantly been under a series of debates that have aimed to bring this phenomenon into the light. It is just enough to see how many cases of large-scale corruption were eventually acquitted in the Supreme Court (after they were convicted in the lower courts) to realize that in Romania the Supreme Court is the politically controlled institution that is used as the private interest dictate.

It is not by mistake that Romania is constantly under severe scrutiny from the EU Commission exactly for its corruption of Justice.

At this point it becomes very clear why they made this peculiar decision to keep and rejudge the case at the Supreme Court instead of sending it for rejudging – eventually with some recommendations regarding procedural mistakes. By this, the authorities want to make sure that nothing will get out of control when all eyes start to turn towards Romania and that the decision will come out as already planned.

From another perspective, the 12th of April decision of the Supreme Court of Justice of Romania is similar to a situation in sport, when towards the end of a game where one team is leading 2-0 the referee decides that the game will be replayed, canceling the score until that moment. And they call this fair play! It is no wonder that the Supreme Court of Justice of Sweden decided (considering EXACTLY THE SAME CASE THAT IS NOW ON TRIAL IN BUCHAREST) to grant Mr Bivolaru the status of political asylum because he will not face fair treatment in Romania. It is now becoming clearer than ever that the Swedes were perfectly right about the judicial system in Romania!

And to complete the view we have to mention another astonishing fact that proves that the above ideas are perfectly true: after a genuine political “bombardment” through dozens of appeals and letters of support being sent to Bucharest by Members of the European Parliament and other officials from Brussels on the specific issue of the Gregorian Bivolaru – MISA case (an unprecedented situation in itself judging by the dimension of the phenomenon!) the Romanian media DID NOT REPORT ANYTHING.

Under the intense debate about Romania’s image before the rest of Europe, one would imagine that this situation would be ideal for any journalist that would want to have a good story … but this is not valid in Romania. NO media even mentioned the wave of political support from Brussels in the Gregorian Bivolaru case! This confirms again the rightfulness of the decision by the Supreme Court of Justice of Sweden that considered, among other things, that the social environment in Romania permits the authorities to act in a totalitarian way by exerting an abnormal, indirect control over the media, distorting therefore its function in order to serve the interests of one side only and preventing Mr Bivolaru from having a fair trial in this country.

If other arguments might be a result of interpretation, the latest one is benefiting from the power of statistics: one cannot lie to the statistics. And the statistics state that NO MEDIA REPORTED ABOUT THE EUROPEAN INTEREST IN GREGORIAN BIVOLARU’S CASE, even when the Minister of Justice of the country officially responded to a large group of MEPs. Such a unified act of unprofessionalism in the Romanian media cannot have another explanation but the rule of silence that is imposed by a force behind the scenes… and now we force it more out into the open.

Now we can easily see that the recent decision of the Supreme Court is more like a desperate attempt to buy some time and to try to fool everyone with a maneuver that is meant to create the frame for easily introducing the already taken decision of convicting Mr Gregorian Bivolaru for the only real crime of daring to stand up for the TRUTH in a society where this has become a supreme act of courage.

For further information: mihaistoian.net


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