The file on the violent intervention of gendarmes during the August 10 rally in 2019 against protesters remains dismissed, ruled Bucharest Tribunal on Tuesday after it had rejected DIICOT’s request to reopen the investigation against the former chiefs of the Gendarmerie. The ruling is final. Judge Daniela Isabela Mihet ruled in this case.
Practically, by this decision, the case was closed, and the former Chiefs of the Gendarmerie will not be prosecuted for the intervention against the demonstrators at the rally in Victoriei Square on 10 August 2018.
The DIICOT request for re-opening the case has gone up and down several courts, as judges could not figure out which court has to solve this case.
After anti-organized crime prosecutors had partially dismissed the August 10 case in mid-July this year, DIICOT has announced in August 2020 that they had re-opened the criminal prosecution against the former Gendarmerie chiefs during the Diaspora rally on August 10, 2018.
Yet, Bucharest Court of Appeal declined jurisdiction to the Bucharest Tribunal to solve the DIICOT’s request.
NGOs protest against final ruling
Several groups and civic associations announced tare expected to stage a rally ont of the Bucharest Tribunal on Wednesday in protest against this court’s decision not to reopen the investigation in the “August 10” criminal case.
The NGOs also announced that they will sue Romania at the ECHR.
“We will meet on Wednesday, March 3, at 18:00 hrs, in front of the Bucharest Tribunal to send the following message: ‘Shame on the Romanian Justice! See you at the ECHR! The Declic Community will take all legal measures to go to the ECHR against Romania for the unfair way in which it stopped the investigations and the punishment of the culprits in the “August 10” criminal case. The Bucharest Tribunal rejected the request to reopen the “August 10″ investigation. The culprits thus escaped the investigation, after hundreds of people were gassed and beaten. We will keep our social distance and abide by the rules in place to prevent the effects of the COVID-19 pandemic. The civil society disapproves of the way the August 10 investigation was nipped in the bud. The case was permanently closed, although DIICOT [Directorate for the Investigation of Organised Crimes and Terrorism] did not conduct a proper investigation. No witnesses or injured persons were heard by the prosecutors, and some of the technical evidence was not requested. Under these circumstances, the closure of the investigation can only be abusive,” reads a statement of the Declic Community.
Several organizations and civic groups announced their participation in the event, including “Corruption kills”, “Romania Initiative”, “Declic”, “Evolution in the Institution”, “Geeks For Democracy”, “Resistance”, “Reset Iasi” and Brasov Civic.
PM Florin Citu has also reacted today, saying he is disappointed with the ruling, adding that experts are currently analysing if there are other appeals that can be filed.
“It is a ruling by the Tribunal and I cannot comment it, only as citizen. I am disappointed when we see that nobody has shot at us in December 1989, that nobody is held responsible for the miners’ riots. I will make sure that Romanians will don’t have to suffer from an abusive state”, the prime minister said.
Bucharest Tribunal explains ruling
Bucharest Tribunal has retorted to criticism to its decision to close the August 10 rally case, arguing the ruling has been taken based on “the legal provisions of the case and based on the evidence delivered during the specific stages, and not based on emotions and feelings”.
“Finding that reactions are mainly originating from the representatives of the legislative and executive powers, Bucharest Tribunal recalls the constitutional provisions according to which the three state powers within a democracy and in the rule of law: legislative, executive and judiciary, are separate and in balance, collaborate and respect one another, regardless if the solutions pronounced by any of them are in compliance or not with the expectations of their exponents”, reads a press release issued by Bucharest Tribunal.