No. 68/28.08.2014

Mister General Prosecutor

National Anticorruption Directorate

Directorate for Investigating Organized Crime and Terrorism

Control Body of the Prime Minister

The undersigned N.A.A.C.A.H.R., located in Piatra-Neamt, Aleea Ulmilor str., no. 38/C19(38)/D, apt. 79, as representative of the complainant Galusca Alexandru, submits this:

MEMORANDUM

Considering the purpose of our association, based on continuous fight against corruption, abuses and upholding of human rights, through its activity, got the adversity of public administration authorities, police and some of the magistrates.

We inform you about one of the abuse cases, that are continually carrying out against N.A.A.C.A.H.R. and its leader, Alexandru Galusca. These abuses began after E.C.H.R. condemned an abuse commited by public authorities representatives from Neamt. It is about the final Resolution in Archip versus Romanian state causa (petition no. 49608/08) that E.C.H.R. unanimously decided the Romanian state broke the 3^rd Article of the Convention (prohibition of inhumane and degrading treatment). The Court decided that the Romanian state must pay 10.000 euro moral prejudices to mr. Archip.

The positive decision of E.C.H.R. in Archip vs. Romanian state causa in which N.A.A.C.A.H.R assisted and represented the complainant, increased the adversity against the association. Therefore, Piatra-Neamt Court of Law no further allowed N.A.A.C.A.H.R to represent the complainant, denying its legal active status, guaranteed by law.

The head of N.A.A.C.A.H.R. is himself the complainant in this causa, and all these obstructions are in fact an attempt to intimidate him, to get him to abandon advertising his activity and fighting for human rights, in cases that the association is being approached concerning various abuses and violations of human rights. It is known that in Romania there are yet reserved magistrates towards this type of organizations.

- Although in the opening court proceeding, N.A.A.C.A.H.R. pleaded art. 28^th from G.O. no. 137/2000 (“(1) NGOs aimed to fight for human rights or develop a legitimate interes on anti-discrimination, have legal active status when the discrimination occurs in their field of activity and prejudices a community or a group of persons. (2) Organizations referred to in paragraph (1) have legal active status also when the discrimination prejudices an individual, on his request.), the court of first instance didn’t even mentioned this legal provision in its motivation.

Regarding this order, by Resolution no. 285/2004 since 01/07/2004 published in the Official Gazette, part I no. 711 of 06/08/2004, the Constitutional Court strengthens this authority of NGOs aimed to fight for human rights, hereby: Pending on the Law Court was the settlement for the exception of unconstitutionality from 22^nd art. directives (now 28^th art.) in G.O no. 137/2000 regarding prevention and punishment of all forms of discrimination, approved and amended by Legislation no. 48/2002, amended abd addended, namely Legislation no. 324/2006 amending and supplementing of G.O. no. 137/2000 regarding prevention and punishment of all forms of discrimination, published in Romania’s Official Gazette, 1^st Part, no. 626 from 20^th of July 2006.

The Court of Law considered that the exception of unconstitutionality is ungrounded.  Therefore, in Constitutional Court’s opinion, the criticised legislation does not create an unfair and a discriminatory situation for the other parties in suit whose interests aren’t represented by an NGO. In another train of thoughts, it notes that, although the Court is not acquiring jurisdiction ex officio, the legislation accepts the legal active status of some organisations that are not part of the legal area of work.

Therefore, the Constitutional Court points that the Organic Law’s stipulations in 124^th art. (2^nd) paragraph, republished, establishes not only a desideratum, but itself a duty of the law courts to provide an unique, impartial and fair judgement for all.  Moreover, by virtue of constitutional directives of the 124^th art. (1^st) paragraph, justice is accomplished in the name of law. That being said, the judge will underlie the decision on quoted legal stipulations and on the evidences provided by the parties, not on the “tense-emotional state of mind” induced by participation in the suit of NGO’s. As a matter of fact, the manner in which courts of law assume to conform to these constitutional established obligations represent a matter of law implementation, not an argument to endorse the party that denies the legal active status of NGO’s whose purpose is fighting for human rights.

Equally the Organic Law’s directives of 21nd art. (3^rd) paragraph and E.C.H.R.’s 6^th art. 1^st paragraph, relieve that parties are entitled to a fair law suit, in this case, N.A.A.C.A.H.R.’s participation in the law suit does not represent an NGO’s intromission in judicial authority’s work.

Moreover, the Constitutional Court ascertains (Order no. 285/2004) that NGOs don’t take part in the trial as parties’s representatives, but by virtue of their locus standi that the law invests with. This is confirmed also by the amendment of the criticized legal text suffered after the appeal to the Constitutional Court concerning the exception of unconstitutionality. Hereby, just to remove the idea of representation, the legislator modified the 22^nd art. (2^nd) paragraph (now 28^th art. (2^nd) paragraph) of Government Ordinance no. 137/2000 in that the NGO’s don’t acquire locus standi in cases when the individual, subject of a discrimination, empowers them, but on his request (in this case the petition of Mr. Galusca Alexandru is attached to the file). Likewise, it is obviously that the interest in participation in this causa lies in the very purpose for which the NGO activates, namely protection of rights of individuals who have been subject to discrimination.

Although all these aspects have been raised in front of the first court, it didn’t even mention in its motivation those raised.

Referring the type of interest protected through NGOs recognized opportunity to formulate action on behalf of members, the conclusion is that the locus standi was recognized even to trade unions, in order to protect members’ interests, either group or individual interests (HCCJ’s Order no.1/01/2013 since 21/01/2013).

We specify that the Neamt’s Court of Law, admitted the application in file 4475/279/2007 regarding N.A.A.C.A.H.R.’s Status, located in Piatra Neamt, Status that in 28^th art. states: “The Association may provide expertise assistance to its members, through its specialists in litigations arising from abuses, corruption, discrimination and violation of human rights in terms of law”. Or, Court decisions pronounced in Romania are recognized throughout its territory and they are mandatory!

- On the communication procedure we note that we have not been informed yet about the first court’s decision. Because of this, mr. Alexandru Galusca went in January 2014 at the archive service of the Piatra Neamt Law Court. Consulting the file, he realized that the decision hasn’t been communicated. As correspondence was directed the whole time from Aleea Ulmilor str. to Stefan cel Mare str., mr. Alexandru Galusca asked from the post office a statement of all his and N.A.A.C.A.H.R.’s correspondence. This statement revealed that no address from the Law Court had entered into the post office, so it couldn’t reach that destination. (?!)

The day after, consulting the file from the archive again, mr. Alexandru Galusca noted with great amazament the existence of an evidence concerning the communication of the decision to Aleea Ulmilor str., although as mentioned, the post office confirmed that no address from the Law Court followed the legal path, by entering into the post office and taking over by a factor of the post office. Furthermore, they said that the address was delivered (legally) by the postman from Stefan cel Mare str., but on this so-called evidence is written the name of the postman from Aleea Ulmilor str. How could he deliver a document that hadn’t been registered at the post office? All these were brought to the court of appeal attention, together with the post office’s response that notes the barcode from the communication in the file don’t match any barcode in the post office’s correspondence on our behalf. This ought to worry the court and to notify the prosecutor as required by law.

Later, an article was published in the local newspaper “Realitatea” containing a story about the head of the Piatra Neamt Court of Law. She had been accused of serious corruption offences. One of the charges was that in some cases “a copy of the sentence hadn’t been communicated to the defendants, so they could learn about the decisions and begin, if needed, remedies at law”. Mr. Alexandru Galusca was in the same situation, as we mentioned above. The copy of the sentence hadn’t been communicated and more, there are clear information that the evidence subsequently annexed is a grossly false, and this address didn’t follow the legal path as the post office statement states.

We ask the General Prosecutor and NAD (National Anticorruption Directorate) to corroborate these information to the case in which the former head of the Piatra-Neamt Court Law and the chief-clerk of the court were sent to trial for abuses to which we have been subjet too, in file no. 5906/279/2012. The alleged facts had taken place shortly onwards the two persons were sent in trial. Also, we ask expanding research because the false clues show there is an inextricably link to crime between magistrates, clerks of the court, clerks from archive department, and why not the defender, the defendant. When Mr. Alexandru Galusca had verified the file that contained the lack of evidence of communication, he had shown this to the archive personnel, who, after he verified also in computer files, he said that he doesn’t know the reasons why the solution hadn’t been communicated. After only two days an “evidence” that the solution had been communicated appears. Actually, the archive personnel had announced his accomplices by then attachind the evidence of the sent address, which are enough clues that it is a false. The criminal investigation authorities could learn about this false because inside the building where the Court’s archive is there is a surveillance camera. But that camera is more likely damaged considering the deeds of the former head of the Court Law!

-We present you a brief summary of the object file no. 5906/279/2012.

In fact, we show to the court the following: beginning 2011, in mr. Alexadru Galusca’s private apartment, located in Piatra Neamt, Aleea Ulmilor str., no. 38, C19, apt. 79, nobody has lived, the complainer being abroad. In January 2011, mr. Alexandru Galusca is accepted and leaves to work for European Union Monitoring Mission in Georgia. Because of this, he announced the representatives of locators’ association that in the above mentioned apartment no one will inhabit anymore. During winter 2011-2012, the list of apartments shown in the building entrance specified mr. Alexandru Galusca’s apartment at the “one person away” column. He should pay, as specified, only condominium expenses. When he shortly visited home, he had found out that he had to pay also for heat expenses provided by a company. We specify that the apartment is equipped with heat splitters installed by an authorized company. When he went, the heat splitters had been left in “0” position. This could be verified because the splitters had the values from spring 2011. However, the amount of 1553 ROL is attributed to Mr. Alexandru Galusca., according to the locators’ association calculations.

In july 2013, when he returns for a brief period, mr. Alexandru Galusca finds out that, according to the locators’ association list, he lived at the above mentioned address, in may 2013, so he must pay 10m3 consumption of drinking water, mr. Alexandru Galusca being the most of the time in Georgia, working for the Mission. In may, he came to visit his parents, for a few days, but he didn’t live in that apartment. More, the passport visas can certify that he didn’t stay inside the country more than 15 days, as the owners’ association law specifies, so he shouldn’t be included in the association’s list of expenses.

Following these abuses, mr. Alexandru Galusca addresses a complaint to the Public Prosecutor’s Office attached to the Patra Neamt Court of Law. He didn’t receive any answer (file no. 4255/P/2013) although each time he had returned home, he went to inquire about his complaint and submitted the documents and the evidences that proved the guilt of the defendants.

In may 2014, mr. Alexandru Galusca received, at the post box address, a notice from the Locators’ Association no. 24 (signed by the head of the association Tiganus Vasile and the administrator Baciu Luminita). He was informed that, following a damage produced in his apartment, there have been 100 m3 of water losses which will be attributed to him. But, the apartment is equipped with watermeters.

Even more, the cold water meter was fitted in 2012, metrological verification being valid for 5 years. Mr. Alexandru Galusca requires a verification from the company representatives and thei conclude that the watermeter is still in warranty. The company’s representative which installed the watermeter found that it was in normal operating parameters and that a connector positioned between sink and the watermeter was damaged, so the water loss was exactly recorded. The index of the watermeter is 37 m3 as it results from the assessment record completed by the firm’s representative that fitted it. The assessment record was completed in 17.03.2014 in the presence of mr. Alexandru Galusca and two witnesses. We mention that one cube meter of water in Piatra Neamt costs aprox. 8 RON, so the expense incumbent should have been less than 300 RON, not 1227.40 RON as reflected in payroll list displayed in the building entrance. (?!) No doubt, we can say that mr. Galusca is the victim of crimes committed by the association’s representatives, above mentioned, encouraged by the implicit agreement of the criminal investigation authorities. They established penalties that oscillated from one month to another, as they wanted. No doubt, it is a proven theft both in terms of objective and subjective, with a clear intention of fraud, by asking mr. Alexandru Galusca to pay serviced that he didn’t receive.

This case was promoted in local press, in “Realitatea” newspaper (Saturday 24^th of august 2013) and then in 2014, along with other unfair pratices. Mass-media, citizens were all indignant at the situation when a citizen (Alexandru Galusca), although he is abroad, he is obliged to pay a large amount of money for some services he didn’t receive (water, heat), erroneously registered as being at home. Even these abuses had been presented in the local press, none of the authorities did anything!

So, mr. Alexandru Galusca addresses the application of summons to cancel the fictitious debt imputed by Locators’ Association no.24, forming case no. 5906/279/2012 at Piatra-Neamt Court of Law. But as we said, the court of first instance is blocking this case, it didn’t allow N.A.A.C.A.H.R. further to represent the applicant, by denying the locus standi of the organization, conferred by law. We consider this solution illegal, being a clear evidence of abuse to the right to a fair trial or the right to defense.

More, we found out through an address that a case between the same parties was pending at the Piatra Neamt Court of Law, with a similar ground, the debt recovering, application advanced by Locators’ Association, namely case no. 4656/279/2014! What could mr. Alexandru Galusca ask in the new case, except canceling the debt?!

So we can conclude that losing the suit in case 5906/279/2012, mr. Alexandru Galusca would have to pay the debt and the accused (Locators’ Assocition no. 24) would have the possibility to require this in the case pending already in Neamt Court of Law (so in a more advanced stage).

The correspondence sent by Piatra Neamt Court of Law, in a closed envelope, contained an address which requires that documents should be filed within 20, 25, 30, 40 days (you cannot understand what it says because the typed document is written over illegible with a pen).

We annex this address which contains serious indications that lead us to affirm it is about period for submission of documents falsification, a skilled forgery (whichever of the periods could have been chosen), corrections over corrections being made. Obviously, this forgery was intended ti mislead us, so we couldn’t have enough time to file the documents and the lateness exception could be invoked by the same defender.

So the suit would have been concluded shortly and mr. Alexandru Galusca would have been foreclosed, without knowing about the other case with a similar ground.

How could they admit the petition when the electronic system from the Court’s archive showed that there was about the same person, namely mr. Alexandru Galusca being in a dispute with the same party (Locators’ Association no. 24), and the same cause: mister Alexandru Galusca asks the debt cancellation, and the Locators’ Association asks the debit recovery?

These “methods”, accompanied by fakes, come from Piatra Neamt Court of Law where mrs. Iulia Paisa had been the chair, before she was summoned.

These illegal practices like not communicating the court’s solutions and falsifying the deadlines are designed to deprive the complainers of the means of appeal.

·         The natural question is arised, why was mr. Alexandru Galusca chosen to be the target of these abuses?

As we mentioned, N.A.A.C.A.H.R. supported numerous causes in the courts in Romania, but also in E.C.H.R., causes in which individuals and legal persons claimed violations of human rights.

E.C.H.R. decided against Romania in 27^th of September 2011. It is about the final Decision in causa Archip vs. Romania (petition no. 49608/08) in which ECHR decided unanimously that the Romanian state has broken the 3^rd article of the Convention (prohibition of inhumane and degrading treatment). The Court of Law decided that Romania must pay to mr. Archip 10.000 euro moral prejudices. The State obviously payed, while carers of the disabled persons were protesting in front of public institutions because they haven’t received their allowances for several months.

Meanwhile, those who commited these abuses, that ECHR sanctioned, were not disturbed!

The policeman Paraschiv Emil, the one who subjected a Romanian citizen to inhuman and degrading treatments is still working in police forces! Probably he is proud that his name is pronounced worldwide when students are teached about causes that ECHR solved, causes concerning inhuman and degrading treatments against humans! It is obviously that his bosses are proud of the popularity gained while they’ve kept him in police forces!

Policemen in “criminal investigation” department that had investigated the case, are still “investigating” (the same manner)!

The prosecutors that also “investigated” this abuse, have been promoted in higher positions (county prosecutor’s office) or even lead …Neamt Anti-Corruption!

Ofcourse, in their opinion there was no ex officio when ECHR condemned an abuse.

As mentioned at the beginning of this memorandum, a series of abuses had begun against N.A.A.C.A.H.R., a legally constituted association, after ECHR pronounces its decision.

Firt, they took away the headquarter in Privighetorii str. Piatra Neamt, that the City Hall legally had assigned to the association.

They are blocking the wheels of the cars that have a bailment agreement with the association, because it doesn’t fit in the category of NGOs that are entitled to parking lot. According to the State, approved in court, N.A.A.C.A.H.R. is an association “of community and public interest”.

In 2011, mr. Alexandru Galusca joins European Union Monitoring Mission (EUMM) in Georgia as representative of Romania. Shortly after, his car parked in front of the apartment disappears (Piatra Neamt, Aleea Ulmilor str., no. C19), although is was parked on a non-granted parking area. He makes a request to local authorities, but he doesn’t receive an answer. The law stipulates that if you don’t receive an answer within 30 days, the person is entitled to consider that his/her request was approved (G.E.O. 27/2003, art. 7 paragraph 1 – Tacit low).

When he returns home he forwards a complaint for theft to Neamt Prosecutor’s Office (disappearance). The criminal investigation authorities’ answer (police, prosecutor’s office) was: the car never left the area of the building block where mr. Alexandru Galusca lives, it was parked in front of the building block no. 37 on Aleea Ulmilor str. – Piatra Neamt. But, mr. Alexandru Galusca lives on Aleea Ulmilor str., bl. C19, sc. D, apt. 79. (!?)

If they can afford to write down such “explanations” , we ask ourselves – who are the “the so-called representatives of law “ afraid of?

Presently, the car is in a vacant lot in front of the building block 37 Aleea Ulmilor str., it is vandalized, driver’s door is forced, stolen tape player, trunk door forced, as some witnesses that recognized the car claimed, mr. Alexandru Galusca being abroad in international mission. The car was in bailment agreement with N.A.A.C.A.H.R. Obviously, the association couldn’t use the car anymore.

No wonder why mr. Alexandru Galusca’s complaints to the Police, Prosecutor’s Office, Courts of Law followed this course. Now they aim at depriving him of his private residence.

·         Everywhere in Romania offenses against individual are being reported, they are being tacitly consumed and with the support of public authorities (police, justice), but in Neamt we can say that the situation is out of control!

We present a brief review:

- 2010 – Gheorghita Mararu a known underworld, is shot in broad daylight in a bar (Café Latino) from Piatra-Neamt. Everyone was horrified,they condemned the attack (as we did!), but none of those with control responsibilities haven’t asked the question: why do people justice to themselves, is there any police or any justice? You will find the reasons in the following examples.

- Cars torched in revenge purposes (media revealed these things every time!)

- In 2011, at the railway from the exit of Bacau, in a mob action, Mironescu’s car is blocked and he is savagely beaten – why hadn’t they chosen the legal path in their dispute? Has the Romanian state no authority in Neamt?

http://www.antena3.ro/romania/gheorghita-mararu-masini-incendiate-executii-comandate-si-trafic-de-influenta-113181.html

- Bombing attempt, that has terrified an entire country, only the professionalism of other departments (especially from other counties, DIOCT, RIS) avoided a tragedy.

- In 2011 mr. Alexandru Galusca joins an international mission as Romania’s representative and, shortly, his car disappears from the front of his apartment (Piatra-Neamt, Aleea Ulmilor, Bl. C19).

- Now they try to abusively deprive him of his personal residence, legally owned, being clear indications that it is a network of organized crime with deep roots in justice, police, prosecutor’s office

- Judge Gabriela Baltag, the chair of the Association of Magistrats of Romania (AMR), claimed to police that the hoses from her car brakes have been cut. The policemen confirmed the damages, setting that both the hose from front right wheel  and the hose from front left wheel had been cut.

http://www.avocatura.com/stire/10289/presedintele-asociatiei-magistratilor-a-reclamat-un-atentat-si-au-fost-taiate-fur.html#ixzz3BO51DqmP

            Later, it is established that dogs could had produced those damages!

            Can we conclude that dogs are outraged at the work of Baltag husbands? (DIOCT, NAD could find out). It is known that judge Vasile Baltag is the criminal section’s chief from Neamt Court of Law. Criminal acts above presented show that citizens chose to solve their problems illicitly. Why don’t they trust state’s authorities? Has State no authority?

            The fact that a head of the Neamt judiciary is summoned by NAD for serious acts of corruption, worries and makes citizens of Neamt county to think about what kind of people are the rest of the subordinated judges, clerks of law, archive personnel?

            Mr. Alexandru Galusca’s files testify that these crimes are more widened and include a larger number of criminals.

            We ask state institutions that have the authority, General Prosecutor’s Office, NAD, DIOCT, GAD, RIS, the Control Body of the Prime Minister to take the necessary measures, to dissolve this organized crime network inside the legal system, to stop all abuses against mr. Alexandru Galusca and against our association (N.A.A.C.A.H.R.). We have chosen this way to inform the state authorities about these abuses because our complaints are carefully selected and targeted to “being solved” to the accomplices of the organized crime network inside the legal system. We will regularly inform media and international organizations about these referrals, on the N.A.A.C.A.H.R.’s website www.anicado.ro

BOARD OF DIRECTORS

N.A.A.C.A.H.R.,

CHAIR,

Ana MITA