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V The "Diary" Trial
Chronology of the trials related to
Gheorghe Ursu's investigation and assassination in
1985, at the Bucharest Military Tribunal (TMTB)
The Murder Trial of former Ceausescu's Militia
colonels Tudor Stanica, Creanga
Mihail and plt. Burcea Stefan - for the assassination of Gheorghe Ursu
Indictment by the
Military Prosecutor Dan Voinea was sent to court on November 22, 2000.
December
6, 2000 - Murder trial
starts, judge is Liviu Parvu.
Postponement granted at defendants' request.
January 8,
2001 - Postponement
granted at defendants' request.
January
29, 2001 - Postponement
by the judge, who called the Ministry of Interior as a "responsible
party" for the civil suit, although the victims did not request it.
February
19, 2001 - Postponement
granted at defendants' request.
March 11,
2001 - Judge Parvu dismisses the case, at the defense's request, for
fictitious reasons.
March 12,
2001 – Judge Parvu accepts, with suspect easiness, the defense’s request
to dismiss the case, for a fictitious procedural pretext. The victim’ family and the prosecution appeal
this decision.
October 1,
2001 – The appeal is
tried, after an extremely long delay (seven months) by the Bucharest Military
Appeals Court, which establishes that Mr. Parvu's
reasons for dismissal were illegal.
November
10, 2001 - The Bucharest
Military Appeals Court sends the case back to trial to TMTB.
November
26, 2001 - Strangely
enough, the case is assigned again to Mr. Parvu,
although normally a different judge should take on a case which was once
dismissed. A postponement is granted at
defendant’s request.
December
12, 2001 - The victim's
attorney requests a change of judge. The
request is judged by Mr. Surghie (the former Securitate officer, and judge in the "Ursu Diary” case - see below). Mr. Surghie denies
the request in a secret proceeding.
December
17, 2001 – Mr. Parvu continues to preside the case, and grants a
postponement at defendant’s request.
January
16, 2002 – First actual
trial proceedings begin. Defendants and
victim’s son (Andrei Ursu) give depositions. Mr. Parvu visibly
tries to intimidate Mr. Ursu, and cuts short his
deposition.
February 6, 2002 – During witness depositions (particularly those of Popa
Dan, Palamariu Florin, Clita
Marian and Constandache Ion), Mr. Parvu
denies the victim’s attorney, Mrs. Crangariu, from
asking numerous questions, basically stopping her from pleading her case. On the other hand, he allows Mr. Clita, a dangerous criminal, to threaten and disparage Mrs.
Crangariu and the victim’s family. He is even amused by Mr. Clita’s
outrageous outbursts. Through his
questioning, judge Parvu intimidates the witnesses, visibly
trying to weaken their testimony against the defendants.
February
27, 2002 – Judge Parvu continues his biased questioning of witnesses. This time, he also allows the defendants
themselves, who come in the courtroom with bodyguards, and in many cases had
been the witnesses’ superiors, to intimidate and otherwise influence the
witnesses, such as Mr. Munteanu Ion, Scarlet
Gheorghe,. Although through his
interrogation style, the judge tried to intimidate witnesses himself, many
stood by their earlier strong accusations: Mr. Pascale,
Mr. Harsu, Mr. Martin, Mr. Caracostea. Others
recanted, visibly afraid, their accounts which they had maintained for the
prior 10 years (Mr. Munteanu, Mr. Manda,
Mr. Radu). Mr.
Parvu also starts disallowing the victims’ attorney
from copying the court proceedings in a timely fashion, again impeding her from
pleading the case.
March 20,
2002 – As a result of
numerous newspaper articles critical of Mr. Parvu’s
handling of the case, a TV crew and leading human rights journalist and
director Lucia Hossu Longin
(“Memorial of Pain”) obtain permission to film the proceedings. (The film will
be stalled by the Romanian media authorities for more than a year; it was
finally shown at midnight, and a
weekday morning, on June 12, 2003…). As soon as
a witness (Mrs. Ganciu) produced damaging testimony
against the defendants, Mr. Parvu stopped Mrs. Longin from filming.
He continued the proceedings by trying to “soften-up” Mrs. Ganciu’s account, as well as that of Mr. Udrea. The latter
was simply terrified by Mr. Tudor Stanica’s presence
in the courtroom. Mr. Parvu denied the victims’
attorney’s request for separate examination of this witness. The victims’ attorney, Mrs. Crangariu, requested, in the interest of the proceedings’
fairness and impartiality, the preventive arrest of the defendants. Mr. Parvu was
outraged and lashed out at Mrs. Crangariu, in a
display of anger incompatible with a Court of Law, for her “daring” to request
the defendants’ arrest. It must be said
that the same military tribunal held many other defendants arrested during
trial for much more minor accusations than murder, such as stealing flour.
April 10,
2002 – Trial is
postponed for lack of witnesses. Judge Parvu delays again, as he did (and will continue to do) at
each court date, giving copies of the proceedings to the victims’ attorney.
April 29,
2002 - Trial is
postponed for lack of witnesses.
May 22,
2002 - Trial is
postponed for lack of witnesses. In the
judges lack of action to bring the witnesses to court, a new delaying tactic
becomes obvious.
June 12, 2002 –
The last two scheduled witnesses finally show up. They stand by their accusations. But judge Parvu
adopts a new tack again: he accepts the defendants request for more witnesses,
who had no knowledge about the case.
July 3,
2002 - Trial is
postponed for lack of witnesses.
July 24,
2002 - Trial is
postponed for lack of witnesses. Even
more witnesses proposed by the defense (Mr. Streanga,
Mr. Carpen) are accepted by judge Parvu,
although these witnesses had no connection with the killing, nor credibility,
being declared friends of Mr. Tudor Stanica’s.
September
11, 2002 – The Ursu family sends a formal complaint about the way the
trials are mishandled and delayed, to the Justice Minister, Mrs. Rodica Stanoiu. This complaint was never officially answered
by the Ministry.
September
12, 2002 – Four
witnesses, without any link to the case are examined (among them, Toader Florica was a women’s
prison warden who had never heard of Gheorghe Ursu…).
October 9,
2002 – One witness,
judge Ulmeanu Petruta,
changes her previous testimonies; the judge makes no attempt to reconcile her
different stories. She even denies
having ever given another testimony, against existing written documentation
with her own signature. The journalists present in the audience are appalled
and report, as they did so often for this case, the strange events occurring in
judge Parvu’s courtroom.
October 23, 2003 - Judge Parvu denies again timely
copies of the proceedings to the victims’ attorney. In the past, he had sometimes invoked various
pretexts, such as “lack of toner”. Then
the Gheorghe Ursu Foundation donated toner to the
Military Tribunal. Yet again, they
pretended the Xerox machine to be broken.
This time, the victims’ attorney comes with her own copier. Yet Judge Parvu
simply does not approve of the “private copier usage” in the Bucharest Military
Tribunal, even if used by their own staff!
October
30, 2002 – One of Mr. Stanica’s friends (Mr. Carpen), with
no connection to the case, is examined as a witness.
November
21, 2002 - Trial is
postponed for lack of witnesses.
Gheorghe Ursu’s Securitate
dossier is added as evidence, showing the Securitate
involvement in his investigation. Mr. Baicoianu,
another underworld figure from Mr. Tudor Stanica’s
entourage, with no connection to the case, is accepted as a “witness”.
December
11, 2002 – Witness Ionetec, a doctor, is examined, who testifies the
defendants kept the victim without medical help until nothing could be done to
save him. New witnesses without
knowledge of the case were accepted by judge Parvu.
January 8,
2002 – Trial is
postponed for lack of witnesses.
January
29, 2003 - Several
witnesses are examined. The only one
proposed by the victim’s attorney, Dr. Marinescu,
maintains her depositions and corroborates others’, to prove without a doubt
the victim had been purposely kept, in huge screaming pain and advancing
peritonitis, by the defendants, until the medical intervention would be
useless.
February
19, 2003 – During the
examination of witnesses Damian and Baicoianu, who
contradict themselves against prior depositions, judge Parvu
makes no effort to find the truth.
March 12,
2003 - The Ursu family hands a second formal complaint about the way the
trials are mishandled and delayed, to the Justice Minister’s adviser, Mrs. Lia Ciplea. Neither this
complaint would ever be officially answered.
Former Securitate officers examined as witnesses bring new
evidence that the Ursu case was in the attention of
the Securitate and Communist Party leadership in
1985, and that the Securitate chief at the time
decided to incarcerate the dissident under a non-political pretext.
April 2,
2003 - Trial is
postponed for lack of witnesses.
April 23,
2003 - Trial is postponed
for lack of witnesses.
May 14,
2003 – One last witness,
high-ranking Securitate officer Vasile
Gheorghe, himself under investigation for murder by Mr. Dan Voinea,
is examined. A large number of new witness accounts that surfaced during
another investigation are sent by the Military Magistrate general Dan Voinea to judge Parvu. They are all accusing the two defendants of
murder, not only against Gheorghe Ursu, but other
victims as well. Under pressure to act,
and amid increased media attention, judge Parvu,
using an illegal procedural pretext, relieves himself from the case and sends
it to the Bucharest Civil Court of Appeals.
June 15,
2003 – Among a flurry of
news reports about the outrageous mishandling and cover-up perpetrated in the Ursu case for years, radio BBC broadcasts during “The
week’s interview”, a conversation with Andrei Ursu,
the victim’s son, along with commentaries about the pervasive corruption and
subservience of the Romanian judiciary to the old Securitate
interests.
June 26,
2003 – A new judge, Viorel Podar, takes on the
case. He immediately rejects the
defendants new delaying attempts, and proposes for discussion the re-framing of
the accusation from instigation to (co)-authorship to murder. The media reports this change of attitude
with satisfaction and hope.
July 14,
2003 – Judge Podar convicts former Militia colonels Tudor Stanica and Creanga Mihail to 11 years in prison for the killing of
anti-dictatorship dissident Gheorghe Ursu. He issues a warrant for their immediate arrest.
July 15, 2003 –
The Romanian newspapers print this news on the front page, radio and TV
stations report it throughout the day, as a major victory for justice in Romania, and hope that maybe judicial reform is on the
way. Many European newspapers and
agencies re-transmit the news.
July 16, 2003 –
The Romanian Police (rife with former subordinates of Tudor Stanica’s)
have still not arrested the convicts.
Police chief Tutilescu declares that “the two
are hiding somewhere in the country, together, and waiting for the resolution
of their appeal”. Many news commentators
remarked the apparent contradiction between the amount of detail provided by
the Police chief and his institution inability to find the fugitives. An general arrest warrant is issued in their
name.
August 1, 2003 –
Seemingly as a result of the fugitive defendants’ appeal, the Supreme Court
sets one of the shortest dates in its history: the victim’s family is announced
on Friday August 1st at 3:00 PM of a court date on August 4, at 9:00 AM !
August 4th, 2003 – During the first proceedings at the Supreme Court,
under presiding judge Nineta Anghelina,
along with judges Marioara Prodan
and Ana Maria Dascalu, assisted by Alexandru Carstea and prosecutor Nicoleta Grigorescu, it is
announced that the Appeals court’s Prosecutor’s office (through prosecutors
George Balan and Carmen Savescu)
also appealed judge Podar’s sentencing, for an
obscure and ludicrous procedural pretext.
It now becomes obvious that the institutions that were supposed to accuse
and apprehend the criminals – the Prosecutor’s office and the Police, have
decided to save Tudor Stanica and Creanga
Mihail. A new
court date was set, again in suspiciously record time, for August 25. The usual Supreme Court delays, and
particularly those in the prior Ursu cases, had been
of over six months.
August 5-15, 2003
- Front page newspaper articles report that the two have been seen around their
houses in Bucharest, yet the Police had done nothing to arrest
them. Moreover, police chiefs declare
that the fugitives arrest “is not a priority”.
Other reports reveal that “Torturer
[Tudor Stanica] is the beneficiary of his friendship
with Florin Sandu, the General Police
Inspectorate (IGP) chief, so those from IGP knew where he was…”
The "Diary" Trial - of former Romanian
Intelligence Service and Securitate general Grigorescu Eugen, for the
destruction or stealing of Gheorghe Ursu's diary
Indictment by the
Military Prosecutor Dan Voinea was sent to court on December 23, 2000.
May 8,
2001 - First court
date. Judge Surghie
Florin - a former secret service officer with the infamous "Unit
0215", with ties in Securitate, sends the case
to the Supreme Court for a fictitious reason. It would later be proven this was
a clear delaying tactic, with no legal basis.
2001-2002
- For the next one and a half years, the case is bounced back and forth between
judge Surghie and upper courts. First, the Supreme court sends the case back
for trial. Judge Surghie
dismisses the case again, for another fictitious reason. This time, the Military Court of Appeals
annuls his decision and sends the case back for trial. Upon massive media campaign against the
illegalities committed by judge Surghie, the case is
assigned to another judge, Filimon Horatiu.
June 26, 2002 - Judge Filimon declares
in court - against basic procedural law - that he considers the defendant not
guilty. He lashes out at the victims'
attorney for objecting. He then verbally
abuses the representative of the Gheorghe Ursu
Foundation for taking notes during the trial (!). The victims' attorney recuses
him. On the same day, in the absence of
the victims' attorney, the recusation is judged by
none other than… Judge Parvu. Who obviously denies it. The Gheorghe Ursu
Foundation issues a press communiqué in this regard, and the press widely
criticizes Judge’s Filimon’s actions, demanding his
dismissal. Yet there is no answer from
the Justice Ministry.
July 29, 2002 – A single witness is examined. Judge Filimon
acknowledges he had worked in a secret unit under the control of the Securitate (“Romtehnica”).
September
4, 2002 – Judge Filimon allows the defendant to openly guide the witnesses
(Mr. Bancila and Mr. Dinu),
his former subordinates in the Securitate and the
Romanian Intelligence Service (SRI) during their testimonies. He also
continuously harasses the representative of the Gheorghe Ursu
Foundation and the victim’s attorney.
October 2, 2002 – Again in front of judge Filimon and with
his acquiescence, during the proceedings the defendant continuously talks to
the one witness present (Petre Morosanu). The victims’ attorney’s complaint is left
unanswered by the judge.
October
23, 2002 - Trial is
postponed for lack of witnesses.
November
13, 2002 – Although a
one-hour postponement was requested by the victim’s attorney, due to a schedule
conflict, judge Filimon on purpose starts with the “Ursu” case early (which he had never done before), so as to
make sure Mrs. Crangariu misses the examination of
the one witness present, Mr. Ionel. Judge Filimon won’t
grant another session. Yet this witness
maintains his accusations against the defendant, which are corroborated by the
written evidence.
December 4, 2002 – Judge Filimon denies all of the victim’s
legitimate requests: to follow up with an SRI unit on an important document
that may expose the fate of the diary, to examine Mr. Ionel
again, and to examine Mr. Crisan, the defense
attorney, who himself, as a Securitate and SRI
officer, had manipulated Gheorghe Ursu’s diary. Trial is postponed for lack of some evidence
from SRI.
January
22, 2003 - Trial is
postponed for lack of evidence from SRI.
February
12, 2003 – Judge Filimon changes the framing of the defendant’s actions, to
an insignificant one (a “professional mistake”), and absolves him, against
all the evidence presented, and the witness accounts (even that from his
former subordinates). The press reacts
promptly, outraged by this new example of blatant collusion between the old Securitate and the current judicial representatives. Both the victim’s family and prosecutor
George Rusu appeal the sentence. To date, there is no appeal date set.
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