THE "GHEORGHE URSU" FOUNDATION

TORTURER PIRVULESCU'S FILE

Laws that Cover the Acts of Securitate Officer PIRVULESCU MARIN

According to the witness testimonies, Securitate officer PIRVULESCU, the direct investigator of Gheorghe Ursu, DIRECTLY applied him methodical physical and psychological torture throughout the detention period and strictly for poltical reasons. According to the documents from Securitate, the investigator wanted to establish the "nature of the relationships" between Gheorghe Ursu and a number of intellectuals held under Securitate's surveillance "for their hostile opinions". The witnesses testified that "Ursu was being beaten during every interrogation"because "he did not want to divulge what the investigator asked him", meaning "the problem of his friends". PIRVULESCU gradually engaged in more and more inhuman torture methods: initially, blows applied over Ursu's palms, then over his face, head, stomach - all of these blows and beatings finally led, as certainly premeditated, to the dissident's death. Ghoerghe Ursu was being brought back to this cell full of blood, screaming in pain, holding onto his abdomen, in an "altered" state; he was "physically and psychologically weakened". He was sometimes brought back from PIRVULESCU's interrogations "in a blanket, because he was no longer able to walk". Since he still did not accept to cooperate, the Securitate extended his remand, imposed "severe isolation" as punishment and continued with the incredibly barbaric acts:"chained and standing with his hands laterally stretched and handcuffed to the wall for 17 hours daily". The entire ensemble of measures which targetted and yielded the physical elimination of engineer GHEORGHE URSU represents without any doubt the crime of inhuman treatments, which is a crime without any statute of limitation, according to the Romanian and international laws in effect.

The applicable laws have the following stipulations:

Art 358 PENAL CODE

Applying inhuman treatments... to any person under the power of the adversary... will be punished by imprisonment for 5 to 20 years and the suppression of certain rights.

The torture, mutilation or extermination of those mentioned in alin. 1 will be punished by 
imprisonment for life or by a prison term between 15 and 25 years, as well as the suppression of certain rights.

If the crimes stipulated in the current artticle are committed during wartime, the punishment with be imprisonment for life.

Based on the interpretation of art. 358 alin, (1) CP with respect to art. 358 alin. (4) CP: "IF the crimes stipulated in the present article are committed during wartime", it is without doubt that this article does not apply to wartime crimes only, but it also applies to crimes committed during peace time. (The wartime crimes are simply considered an agravated form of crime.)

Art. 358 CP includes "inhuman treatments applied to any person under the power of the enemy" among the crimes committed against peace and humanity. There is absolutely no stipulation that they would apply to war conflicts only - these crimes concern both wartime and peacetime conflicts, complying with Art. I of the UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (ratified by Romania via Decree no. 547 of 07.29.1969). As a reminder, the UN convention incorporates the stipulations in the statute of the International Military Tribunal at Nuremberg, annexed to the London Charter of 8 August 1945, and according to which "political persecutions" do not have statutory limitations, being included among "crimes against humanity".

Further to the above, we also invoke the Decision no. 2579/07.07.2009, pronounced by the High Court of Cassation and Justice, Penal Section in File no. 61/81/2000, which stipulates: "Based on the interpretation of art. 358 alin, (1) CP with respect to art. 358 alin. (4) CP, the High Court asserts that this article of law does not apply exclusively to crimes committed during wartime, as those simply represent an aggravated form of crime, and the sentencing is therefore correct." 


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