The military prosecutors from the Prosecutor’s Office upon the Supreme Court on Friday closed the 1989 Revolution file, which investigated 709 dead and 2,198 injured (1,855 shot and 924 remanded), arguing there are previous convictions for some of the crimes in some other cases.
The decision to terminate the investigations was taken by military prosecutors Marian Tudor, Codrut Mihalache and Claudiu Culea, on grounds of negative prescription, res judicata (previous judgments in force), inexistence of criminal acts, and amnesty.
However, the prosecutors’ ruling can be challenged by appeal at the chief prosecutor of the Military Prosecutors’ office, then in court.
The file was closed regarding crimes of war propaganda, genocide, inhuman treatment, war crimes against property and other rights or crimes against humanity. The prosecutors claim these deeds are not stipulated in the criminal law.
The file was also closed for murder and attempt to murder crimes, as well as for instigation to murder, on the ground that the criminal deeds ‘deadline was prescribed. The case was closed for manslaughter, but also for beat or instigation to beat and other violence.
Out of those 709 dead people, 161 are officers and non-commissioned officers, as well as military in service. Prosecutors established that in some cases, the death was caused “by the imprudent operation of the arms, while the victims were among those who were in the close proximity of the perpetrators.”
At the same time, the investigators claim that the death was not produced by shooting in all cases, but there were situations when the victims died due to other causes such as aggression, arson, air or road crash.
Moreover, the ordinance of the prosecutors show that military shot at one another due to stress and fatigue.
“Due to fatigue and stress, at the revolution in 1989, many shootings among military occured, while persons acting in the military formations, civil or mixed, have easily opened fire towards buildings or cars which were not stopping at the military filters,” reads the ordinance of the Prosecutor’s Office upon the High Court of Cassation and Justice.
Maries: There are same murders at the Revolution and at miners’ riot
The leader of 21 December 1989 Association, Teodor Maries announed the association would challenge this decision to the Supreme Court, mentioning that the authors from the miners’ riot file are the same with the ones in the Revolution file.
“The first thing I can do is smile (…) I cannot but smile, of course it’s a sad smile. I cannot believethey had the moral capacity to close the Revolution file, which has more decisions at the European Court of Human Rights than the miners’ riot file, that they have just re-opened. The 21 December 1989 Association will definitely challenge the decision at the Supreme Court. This must be a humiliation they are performing because all murders at the miners’ riot are now marching at the Prosecutor’s Office. I tell you they are the same (murders) like in the Revolution’s case and it’s their last throb and revenge,” Maries told a press conference.
In her turn, historian Georgeta Filitti told Mediafax that closing the Revolution file is “a mourning moment in Romania, a cowardice act and a proof that judiciary is politically manipulated.”