Abusive Behaviour against Roma by Romanian Officials
07 February 2004
A number of cases of physical violence by Romanian police against Roma have occurred recently in Romania. The most recent case occurred on August 19, 2003, when police beat Mr Constantin Pandele, Ms Elena Pandele, Mr Cristinel Pandele and Mr Ionel Pandele in the town of Târgu Frumos in Iaşi County, northeastern Romania. According to their testimony, given to the ERRC on September 10, 2003, the Pandele family had begun to build a store on an area they lease in the local market after their contract was renewed for 25 years on July 14, 2003. Following an auction in August 2003, municipal authorities reportedly leased the same area to another person and ordered the Pandele family to vacate the premises, which they refused to do. On the day in question, Mr Tătaru Gheorghe, the mayor of Târgu Frumos, asked the police to evict them.
Târgu Frumos Police Chief Josanu reportedly arrived at the scene and, when the Pandele family refused to leave, called for back up. Members of the Police Department for Rapid Intervention (DPIR) and Pro Expert, a private security company, arrived shortly thereafter and began to beat the members of the Pandele family. Mr Constantin Pandele, Ms Elena Pandele, Mr Cristinel Pandele and Mr Ionel Pandele were then taken to the Târgu Frumos Police Station where, after being physically abused and threatened again, they were released. On August 19, 2003, police fined all four family members for disturbing public order.
On September 10, 2003, the ERRC took over legal representation of Mr Constantin Pandele, Ms Elena Pandele, Mr Cristinel Pandele and Mr Ionel Pandele, in co-operation with Ms Roxana Prisăcariu, a local attorney. On September 15, 2003, a complaint was filed on behalf of the victims with the Iaşi Appeals Court Prosecutors Office and the Iaşi Police Inspectorate against the police officers and the security guards, charging abusive behavior and violence. On the same date, another complaint was filed with the National Council for Combating Discrimination. On October 9, 2003, the Iaşi Appeals Court Prosecutor's Office issued a non-indictment decision. On October 19, 2003, the local court of Târgu Frumos dismissed the fines of Constantin and Elena Pandele and issued a warning to Ionel, but Cristinel's fine remained valid in the amount of 5,000,000 Romanian lei (approximately 125 Euro). On November 25, 2003, the ERRC with Ms Prisacariu appealed the decision on behalf of the victims. The Iaşi Police Inspectorate fined Mr Costinel Avădănii and Mr Armand Marian Popescu of Pro Expert 1,000,000 Romanian lei (approximately 25 Euro) each for "a defective intervention to stop the illegal activities of some Roma persons." Finally, an administrative complaint has been filed against the mayor's decision to cancel the Pandele family's lease contract. This was to be heard on December 18, 2003.
Earlier, in another case, on June 13, 2003, in the locality of Agrij in Sălaj County, police physically abused four Romani family members, according to a report by Romani CRISS of June 25, 2003. According to Mr V.L.'s testimony to Romani CRISS, at around 2:00 PM, he was informed by a friend that approximately nine police officers and masked men had taken his children from his house to the police station. Mr V.L. went to the Agrij Police Station, where he met Officer Tap Nicolae. According to Mr V.L., when he asked Officer Nicolae what happened to his family, Officer Nicolae replied, "They are murderers". While talking with Officer Nicolae, Mr V.L. testified that he could hear his sons screaming from an office in the station, but Officer Nicolae stood in the doorway to the office to block his entrance. Mr V.L. claimed that when he attempted to push past Officer Nicolae, four masked persons jumped on him, handcuffed him and hit him until he fell to the ground. The masked men then brought him into another office and continued to beat him until he lost consciousness, according to Mr V.L. Upon his departure from the police station, Mr V.L. sought medical treatment for his injuries. According to a medical certificate dated June 17, 2003, Mr V.L. sustained traumatic injuries that could be produced by hitting with a hard object and/or falling. Mr V.L. required approximately 10 days of medical treatment for his injuries. On December 4, 2003, Romani CRISS informed the ERRC that it had taken over legal representation in the case and had filed a complaint with the Military Prosecutor's Office.
In another incident, according to Romani CRISS newsletters dated August 14 and June 24, 2003, on the night of June 1, 2003, a Romani man was abused by a police officer at a police station in the city of Tulcea in eastern Romania. At around 2:00 AM, Mr M.D., a Romani man, awoke to a disturbance outside his apartment building. Mr M.D. reportedly saw a number of his neighbours standing outside, as Police Inspector Branza cursed at a Romani man while waving a baseball bat at him. According to Mr M.D.'s testimony given to Romani CRISS, he yelled at Police Inspector Branza, "What are you doing, Mister? Why do you disturb us at this hour?", then went into the bathroom. Meanwhile, Police Inspector Branza called for backup and three police cars arrived at the apartment building, according to Romani CRISS.
According to Mr M.D., a number of police officers forcefully entered his apartment and found him in the bathroom. Mr M.D. was forced out of the building and into a police car, which took him to the police station. At the police station, Mr M.D. testified, Police Inspector Branza brought him into an office and hit him repeatedly on his face and head with his fist and also kneed him in his testicles. Mr M.D. stated that, as he was bleeding profusely from his nose and mouth, Police Inspector Branza instructed a gendarme clean his face, but reportedly stated that if Mr M.D. spit blood one more time, the gendarme should hit his face with a gun. At around 3:30 AM, Mr M.D. was hospitalised in the surgery section of Tulcea County Hospital for medical treatment. According to a medical certificate issued by the Coroner's Office of Tulcea, Mr M.D. was admitted to the hospital with "facial trauma with injuries at both eyelids, of both eyes with sub-conjunctive haemorrhage, not associated with skull bone injuries and/or neurology disturbances." The probable cause of the injuries, as stated in the medical certificate, was reportedly being hit with a hard object. Mr M.D. required three to four days of medical care as a result of his injuries.
In a meeting with Romani CRISS, Mr Antonache Ion, Tulcea Chief of Police, stated that the Tulcea Municipal Police received a letter from the Ministry of Administration and Internal Affairs asking for official information on the June 1 incident. As of August 14, 2003, a police investigation was underway. If found guilty, Police Inspector Branza will appear before a Disciplinary Commission. On July 24, 2003, Romani CRISS took over legal representation of Mr M.D. A complaint was filed with the Military Prosecutor's Office. The Military Court decided not to pursue action against Police Inspector Branza, because the court found he was not on duty at the time of the crime. Romani CRISS maintains that Police Inspector Branza was on-duty at the time of the attack. The Military Court forwarded the case to the Tulcea County Court to investigate Police Inspector Branza in accordance with Article 180(2) of the Romanian Criminal Code for causing bodily harm. As of December 4, 2003, Romani CRISS informed the ERRC that the case was pending with the Tulcea County Court.
(Information of the Day, Inforrom, Newspaper of Roman, Romani CRISS)
