This 2018 report by EU Reporter reflects the situation of the justice system in Romania, undermined by SRI (also known as Securitate / Strasi of Romania), which Daniel and Matthias have fallen victim to since mid-2015.
EU Reporter writes:
Despite a poor human rights record, Romania's extradition requests are still respected under the European Arrest Warrant (EAW) system.
The ECJ law stipulates that extradition should not be respected if a country cannot guarantee the minimum rights for the person concerned. Countries that do not meet these minimum standards, such as Romania, abuse the system.
This raises serious concerns, not only for the persons to be extradited, but for the integrity of the EuHB system as a whole.
Human Rights in Romania – Abysmal Prisons and Corruption in the Courtroom
Over the past two years, Human Rights Without Frontiers has paid particular attention to Romania's judicial system and prison conditions.
It has become clear that the judicial system throughout Romania there are a number of serious systemic problems; In particular, the increasing Network of the National Anti-Corruption Directorate (DNA), the National Intelligence Service (SRI) and judges, prosecutors and other judicial authorities throughout the country.
The SRI and DNA have been accused of involvement in activities that fundamentally violate human rights.
The widespread use of telephone tapping, corruption, influence of judges and falsification of evidence have come to light as common practice within these institutions.
Such practices have allowed DNA to boast conviction rates of over 90%.
These issues are well known because the debate in Romania is very public. The DNA chief prosecutor is currently under investigation for corruption, and the SRI secretary general is facing calls for her resignation after the media revealed that he had contacted judges via Facebook about ongoing court cases.
In such a context, it is not plausible to assume that those, who are indicted in Romania receive a fair trial.
Romania's "track record" prolonged and unjustified pre-trial detention is a cause for concern. In addition, Romanian prisons are overcrowded and the facilities do not even meet the minimum of international standards.
In 2017, Romania remained a prolific human rights violator with the most cases, which were brought before the ECtHR (European Court of Human Rights) by all EU countries and by the 47 nations of the Council of Europe – Romania fell just behind Russia, Turkey and Ukraine.
Most of these cases concerned the prohibition of torture or inhuman treatment, the lack of effective investigations and the right to a fair trial.
Worryingly, on 1 January 2018, Romania even overtook Russia and Turkey in the number of pending applications allocated to the judiciary.
The European Commission's response?… praise.
The work to improve the justice system and abuses in the country is far from complete – a point that the European Commission denies.
In 2007, the European Commission recognised the shortcomings of Romania's judicial system and anti-corruption efforts and created a Mechanism, the CVM, to monitor reforms. DNA conviction rates have been praised by this mechanism, which seems to turn a blind eye to the abuses driving these numbers.
The European arrest warrant
Despite this record of abuse, Romania is still receiving some of its extradition requests. As a mechanism based on mutual trust, undermines Romania the purpose and value of the European arrest warrant.
A number of reforms within the EAB system could safeguard the integrity of the system and the European Union.
In order to ensure that it does not falter in the face of abuses, the EAW system should be revised in such a way that an extradition request can only be used for the most serious crimes, that an alert on "wanted persons" can only be circulated after possible abuses have been examined and that: victims of abuse may have access to a complaints procedure or remedy through a fair, open and impartial process.
EU Reporter Report End
ROMANIA HUMAN RIGHTS REPORT 2017
Key human rights issues included:
police violence against the Roma community; and Violence against LGBTI
The judiciary has taken steps to prosecute and punish officials who have committed abuses.
But authorities delayed proceedings over alleged abuse by police.; As a result, many of the cases ended in acquittals.
torture and other cruel, inhuman degrading treatment or punishment;
The constitution and law prohibit such practices, but there have been reports of them from non-governmental organizations (NGOs) and the media.
Police and gendarmes tortured and abused prisoners, pre-trial detainees, Roma and others vulnerable persons Persons, including homeless people, women, Sex workers and drug users, especially those with excessive force, including beatings. In most cases, the police officers involved were exonerated.
The European Court of Human Rights (ECtHR) ruled after finding that the judicial system had not provided justice. These include cases of police brutality, especially against Roma, and cases of abuse in psychiatric hospitals.Full summary of Human Rights Reprot 2017: https://www.state.gov/wp-content/uploads/2019/01/Romania.pdf
Human Rights Report End
Ahead into 2021
Dispute over anti-corruption fight Romania: EU law does not take precedence
It is about the primacy of national or EU law. The Romanian Constitutional Court does not want to recognize the latter.
Since joining the EU in 2007, the south-eastern European country has been under special scrutiny by the EU Commission because it did not meet all the requirements against corruption and organised crime as well as to strengthen the judiciary.
After initial progress through increased activity by the anti-corruption unit of the public prosecutor's office, critics say there is almost a Standstill. One of the reasons for this is a special unit of the Public Prosecutor's Office (SIIJ) created in 2018 by the then Social Democratic government, which alone has the right to investigate judges and prosecutors. This deprives the anti-corruption unit of competences. The EU Commission has long been demanding that the SIIJ special unit be abolished.
End n-tv report
Ahead into 2022
TRAVEL WARNING FOR ROMANIA !!!
NOW IT IS OFFICIAL, ONE OF THE MANY THOROUGHLY CORRUPT COURTS IN ROMANIA, THE KILLING OF CITIZENS BY THE POLICE, USING ILLEGAL "PARALYSIS GAS" DECLARED LEGAL !
SEE BELOW ↓ THE VIDEO, WHICH SHOWS THE KILLING OF A MAN, THROUGH GAS AND CONSTANT TORTURE.
IT CAN ALSO BE SEEN HOW THE TORTURERS APPARENTLY ACTED OUT OF HABIT, THIS ACT IS ASSUMED TO BE CONTINUOUS TORTURE!
IT COULD HAVE HIT ANYONE.
* National press writes (international press does not report):
The corrupt Romanian policemen, who let citizens die in agony after they have been gassed, can go on hunting.
Torture and Killing of civilians by so-called "law enforcement agencies" legalized by judges;
It was decided that the so-called gendarmerie, which was filmed gassing a immobilized "suspect" lying on the ground, using the illegally possessed spray. innocent is… *
The perpetrators – so-called police officers, were only convicted by the Bucharest Regional Court , and then by a Military court acquitted of lack of jurisdiction.
A precedent was set and murder by police torture was legalized in the EU state of Romania.
On current occasions, and in connection with our own martyrdom, torture, state abduction and perversion of justice,
also practiced in Romania, we publish this video until the perpetrators are punished.
In our case, we and our lawyers have lodged a complaint with the ECtHR (European Court of Human Rights) and the European Commission.
Background to the murder by Romanian police (visible in the video) ↓ :
After viewing the passer-by video, the face of Ioan Csapai was sprayed from a distance of only 10-15 centimeters. However, the rules provide for a distance of at least one and a half meters.
In addition, the spray used was Not the one provided by the "institution / police", but another spray which the perpetrator carried with her.
The brutal intervention led to the death of Ioan Csapai, all resuscitation attempts of the arriving paramedics were unsuccessful.
The gendarmes left allegedly According to a complaint, Ioan Csapai is supposed to have a Girl indecently touched Have. A complaint that could not be proven later!
Various Germans and other citizens from our neighbouring countries have also been victims of similar acts.
However, the authorities at home look the other way, or even aiding and abetting similar torture, and the everyday "justice" without justice in Romania.
To be continued…