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Case NOTAR Gheorghe Jr.
registration no.: 55/11 July, 1996

On 10 July 1996, 6:00 PM, NOTAR Gheorghe Sr. (address: Str. Cuza Vodă nr. 19, 4300 TÓrgu-Mureş, Romania), the father of NOTAR Gheorghe Jr. (b. in 1979), was comply to the PRO EUROPA Leagues (PEL) Human Rights Office, presenting the following situation:

      On 7 July 1996, about 4:00 PM, NOTAR Gheorghe Jr. was on the street Griviţa Roşie in TÓrgu-Mureş, where he meet two acquaintances, the minors STOICA Rupi and ÷TV÷S Ioan. Near they was passing the minor VASS AndrŠs. STOICA Rupi, accounted his fact with an older debt of VASS, was taken his bag, in which was a clock, and hit him on the face. NOTAR Gheorghe Jr. tried to stop the action of STOICA. Because the clock was out of order, STOICA gave it back to VASS. In this time, the people around the Baptist Church observed what is happened, and ran to the minors. NOTAR Gheorghe Jr., STOICA Rupi and ÷TV÷S Ioan, seeing the furious people, was run away.
      NOTAR Gheorghe Jr. visited the family MOLDOVAN Leon (address: Str Hunedoarei nr. 28), where was sent by his parents before the events. Here was detained by the police officers at 6:40 p.m., and transported to the Centre of Protection of Minors.
      NOTAR Gheorghe Sr. was not announced by the Police regarding the detention of his son. Against NOTAR Gheorghe Jr. was not made an arrest warrant. The minor was interrogated daily, but without presence of parents and legal assistance. Because NOTAR Gheorghe Jr. refused to sign a declaration of recognise — in contradiction with the facts — his participation in the robbery, he was beaten by the police officers MUT Dorin and NICOLAE Ioan. NOTAR Gheorghe Sr. was spoken with the mother of VASS AndrŠs, who was on the confrontation between minors NOTAR and VASS on the Police, and she told about the ill-treatment of minors to obtain from them a recognision of the robbery. On 8 July, NOTAR Gheorghe Sr. went to the Centre of Protection of Minors, where initially it was refused his visit to the child. After a long discussion he could see NOTAR Gheorghe Jr., who have prints of beaten, and who told about ill-treatment applied by the police officers an a public guardian, at the same time about his keeping under could water shower (during hours), for disappearance of the prints. NOTAR Gheorghe Jr. asked for a medical examination of his son, but it was refused.

On 11 July 1996, 10 a.m., NOTAR Gheorghe Sr. came back to PEL. The Human Rights Office, by his co-ordinator, HALLER IstvŠn, contacted RĂCEANU Maria from the Centre of Protection of Minors, who said:

      The Centre of Protection of Minors is functioning on the base of Law 3/1970. The minors NOTAR Gheorghe Jr., STOICA Rupi and ÷TV÷S Ioan was brought to the Centre with a note of the Police Office from TÓrgu-Mureş, and they could not release just if it exists an order on this from the Police. The Centre is obliged to detain the minors.

For clarification of this situation, was contacted the chief of the Police Office, col. POP-RUS Ioan, who declared:

      The Centre of Protection of Minors is functioning under the Mayor Office of TÓrgu-Mureş, and just the Mayor Office could release the minors.

On 12 July 1996, 9:00 a.m., the PEL's Human Rights Office, by HALLER IstvŠn, with NOTAR Gheorghe Sr., was contacted the mayor of TÓrgu-Mureş, FODOR Imre, who said:

      The Centre of Protection of Minors is in suborder of the Mureş County Council, not of the Mayor Office.

At 9:30 a.m., NOTAR Gheroghe Sr. made a complain to the Police Office, asking the release of NOTAR Gheorghe Jr., because he was detained 5 days without arrest warrant, what is illegally.

At 10:00 a.m., HALLER IstvŠn contacted MATEI Viorica, the president of Commission for Protection of Minors in the frame of the Mureş County Council, who declared:

      The Centre of Protection of Minors is in suborder of the Mureş County Council, but the release of the minors who are detained accused with crime could be ordered just by the Police Office, personally by Maj. OPREA Daniel, police officer.

At 10:30 a.m. was contacted Maj. OPREA Daniel from the Police Office of County Mureş, who declared:

      The Minors accused committing crime could be detained 30 days in the Centre of Protection of Minors without arrest warrant. During this period, the minors are interrogated by the Police. The Law 3/1970 permit the detention of minors without arrest warrant.

After long persistence, HALLER IstvŠn and NOTAR Gheorghe Sr. could have discussions with the two examining officers, lt. ŞARLEA and lt. PRECUP. Because they was menaced with the Romanian Penal Code (punishment of illegal detention), and it was argued with the Romanian Constitution (the detention of a person without arrest warrant could be longer than 24 hours), with the Convention for the Protection of Human Rights and Fundamental Freedoms and with the Convention on Children Rights, the police officers called by phone the Centre of Protection of Minors, for the brought of minors to Police Office.
Around 1:00 p.m., the minors NOTAR Gheorghe Jr., STOICA Rupi and ÷TV÷S Ioan was brought to the Police Office. All the three was close-cropped, dressed summary (short trousers, T-shirt, without socks). On they body was bruises, and NOTAR Gheorghe Jr. has on the top of his head a haematoma.
The minors were placed on line near the wall, and scolded by the police officers, on inadmissible way. To NOTAR Gheorghe Jr. they addressed with „you, dick”, about STOICA Rupi they said: „Look at this child. This is the face of a typical criminal, a Lombroso face”. Around 3:00 p.m., after NOTAR Gheorghe Sr. signed the guaranty for the presence of minors on the further interrogations, they were released.

On 15 July 1996, PEL sent the following complaint, signed by HALLER IstvŠn, to the Military Prosecutor Office TÓrgu-Mureş:

      As co-ordinator of the Human Rights Office of PEL, I was request by the parents of minor NOTAR Gheorghe Jr., with identity card series GK no 026990, to find out the treatment applied by the Police Office from TÓrgu-Mureş.
      It has been found the following irregular facts:
      - the minor was detained (private from his freedom) over 24 hours (five days), without arrest warrant, violated the Romanian Constitution, article 23 (the Law 3/1970, used like explanation by the Police it could not be an argue against a constitutional prescription — in 1970 it was not in function the international treaties on human rights);
      - the minor was interrogated without the presence of a legal assistance and in the presence of parents in the detention period (7-12 July), violating in this way the article 37 of the Convention on Children Rights;
      - in my presence the police officers used insulting words against the minors, like „you, dick”, the discussion with they continuing on this tone, violating also the article 37 of the Convention on Children Rights;
      According to Convention for the Protection of Human Rights and Fundamental Freedoms, every citizen of a state, who is member of the European Council, could complain to the European Court of Human Rights in Strasbourg, if they rights was injured, and if he passed over the internal law procedures without obtain his rights. To avoid this situation, please investigate with maximum attention this case.

The medical examination reports no. 2881 and 2882 from 17 July 1996, elaborated by the Legal Medical Laboratory from TÓrgu-Mureş established:

      NOTAR Gheorghe are not presenting injures. Do not need medical treatment.
      ÷TV÷S Ioan are not presenting injures. Do not need medical treatment.

On 17 July, NOTAR Gheorghe Sr. made the following complaint to the Military Prosecutor Office TÓrgu-Mureş:
I, NOTAR Gheorghe, address in TÓrgu-Mureş, str. Cuza Vodă nr. 19, with identity card series GN no 833554, declare:

      My child, NOTAR Gheorghe, with identity card series GK no 026990, was detained by the Police and taken to the Centre of protection of Minors on 7 July. By his testimony, he was beaten and ill-treated by the police officers (serg. MUT Dorin and NICOLAE Ioan) and by the guard persons of the Centre. On 8 July I asked a medical examination for my child, but this was rejected by serg. MUT Dorin and the personal from the Centre.
      Though the prescriptions of the Romanian Constitution are very clear in the domain (nobody could detained more than 24 hours without arrest warrant), my child was detained 5 days without arrest warrant (the director of the Centre explain this with the Law 3 from 1970, but in 1970 this constitutional restriction it not exists — I consider that the Constitution annihilates the laws which are not in concordance with its prescriptions).
      Please investigate this case, and take the necessary measures regarding the ill-treatment of my child, regarding the interdiction of medical examination and regarding the illegal detention, more than 24 hours.

Also PAL Ilonco (address: TÓrgu-Mureş, str. Mihai Eminescu nr. 5) made a complaint to the Military Prosecutor Office TÓrgu-Mureş. In this, she told:

      My child, ÷TV÷S Ioan, was detained by the Police and taken to the Centre of protection of Minors on 7 July. By his testimony, he was beaten and ill-treated by the police officers (serg. MUT Dorin and NICOLAE Ioan) and by the guard persons of the Centre.
      Though the prescriptions of the Romanian Constitution are very clear in the domain (nobody could detain more than 24 hours without arrest warrant), my child was detained 5 days without arrest warrant. I was not informed officially about the detention of my child. During the detention, my child was not interrogated in my presence.
      Please investigate this case, and take the necessary measures regarding the ill-treatment of my child, regarding the interdiction of medical examination and regarding the illegal detention, more than 24 hours.

÷TV÷S Ioan has a Certificate (no 1756 from 19.10.1994) with the diagnostic light/moderate mental retired, psychological handicapped, identified with III degree invalidity.
The representing of PEL, HALLER IstvŠn has several discussions with the director MONDOC Marius from the Centre of Protection of Minors, visiting this centre (17 July 1996, 25 September 1996, 22 October 1997). With these occasions, MONDOC Marius declared:

      By the Law 3/1970, could be brought minors to the Centre in two situations: if a minor is found without parents, lost or as vagabond, or if a minor committed a crime. In the first case, the minor is released if came one of the parents to the Centre, or in 30 days it is announced one of the Children Houses, to care the child for a longer time. In the second case, just the police could release the detained child. During this detention, the parents could visit the child one time in a week, time of 2 hours. The minor's hair is cut bald, their cloths are changed, by hygienically reason. Their medical conditions are not verified, because the Centre has not medical staff. (In case of urgency, the Emergency is called.) As many times the Police want, the minors are taken from the Centre for investigations or by other reasons — the Centre is not informed about the reasons. By night, the minors are under the public guardian's supervision.

The case was investigated by the Military Prosecutor Office TÓrgu-Mureş, from here was transferred to the Military Prosecutor Office Bucharest. In the file 1543/P/1996 of the Military Prosecutor Office Bucharest was given the solution of not begun the penal procedure, by the following reason:

      It was not proved the committing of an infraction. (Letter of Public Ministry, General Prosecutor Office near the Supreme Court House, Military Prosecutor Department)

Against this solution, PEL, on 8 September 1997, sent a letter to the Ministry of Justice:

      NOTAR Gheorghe Jr., with STOICA Rupi and ÷TV÷S Ioan (minors) was detained on 7 July 1996, accused with robbery (this accusation proved be unfounded in the case of NOTAR Gheorghe Jr.). Without any arrest warrant, they were detained in the Centre of Protection of Minors from TÓrgu-Mureş until 12 July 1996 (five days). In this period, the minors were taken daily for investigations to the Police, and they were interrogated without the presence of the parents and the legal assistance. By the declarations of the minors, they were ill-treated to recognise they guiltiness. NOTAR Gheorghe Sr. asked for a medical expertise, but the Centre of protection of Minors refused this. The minors were released just after our intervention. The latest medical expertise (on 17 July 1996) could not find injuries.
      The Military Prosecutor Office was informed by NOTAR Gheorghe Sr., PAL Ilonco (mother of ÷TV÷S Ioan) and PRO EUROPA League.
      The case was investigated also by Amnesty International.
      By letter no 1473/96, the Public Ministry, General Prosecutor Office near the Supreme Court House, Military Prosecutor Department, we were informed that in the Military Prosecutor Offices (from Bucharest) file 1543/P/1996 was given the solution of not begun the penal procedure.
      In our opinion, the detention of minors without arrest warrant and their investigation without respecting the law are serious reason to begun penal procedure against the presumed delinquents.
      Please, take the necessary measures for reopen the file 1543/P/1996 of the Military Prosecutor Office Bucharest.

To this letter, the answer of the military prosecutor chief of the Department of Military Prosecutor Office, Col. VOINEA Dan (letter from 6 October 1997) was the following:

      The file was investigated by the Department of Military Prosecutor Office, and the result is, that the solution is well based and legal.

This solution was communicated to NOTAR Gheorghe Sr. and to Amnesty International. From this moment, the only way to resolve the case remains a complaint to European Commission of Human Rights, for violating the Convention for the Protection of Human Rights and Fundamental Freedoms on:

      • art. 3 — torture and ill-treatment
                            - the minor NOTAR Gheorghe has prints of beaten
                            - the minors hear was cut bald, and this is humiliating treatment for a 16-17 year old boy
                            - the way of addressing to the minors by lt. ŞARLEA and lt. PRECUP
      • art. 5 — illegal detention
      • art. 6 — the minors was not assisted by parents and a lawyer at the interrogations

3 December 1997
TÓrgu-Mureş
Prepared by HALLER IstvŠn