Complaint against the Ord. of dismissal 2014-04-12

TO THE JUDGE ADVOCATE GENERAL AT THE MILITARY COURT OF APPEAL,


I, the undersigned, SAVA PAUL, son of --- and of ---, born on 1984-04-03, in ROMAN, NEAMŢ county, Personal Identification Code ---, identified by ID Card Series ---, No. ---, issued by SPCLEP Roman, residing in ROMAN, str. ---, blk. ---, apt. ---, NEAMŢ county, having a non-resident permit applicable for IAŞI, str. ---, no. ---, blk. ---, apt. ---, IAŞI county, working as ---, IAŞI county, within the legal notice period, submit the present


COMPLAINT AGAINST THE ORDINANCE OF DISMISSAL OF THE JUDGE ADVOCATE GENERAL AT THE IAŞI MILITARY TRIBUNAL

Dated 2014-03-14 in the Case no.  259/P/2013, where I stand as the aggrieved party,
Demanding that you reconsider the criminal proceedings in the Case no. 259/P/2013 and find that there is enough evidence for the crimes of «abuse while on duty against the interests of persons» and «abusive behavior». I demand that you take the legal measures against: master sergeant ---, master sergeant --- and capt. ---, all three members of the PLOIEŞTI RIOT POLICE INTERVENTION TEAM.
As a matter of fact:
-on December 7, 2013, I participated in the protest against water contamination through the shale gas exploration and exploitation using the hydraulic fracturing method, protest occurring in PUNGEŞTI, VASLUI County,

--PAGE 1---

            -on December 20, 2013, I composed and submitted the Criminal Complaint to the Judge Advocate General at the Iaşi Military Tribunal via regular mail,
            -on December 23, 2013, the Criminal Complaint reaches the Judge Advocate General's Office at the Iaşi Military Tribunal,
            -on December 24, 2013, the Judge Advocate General at the Iaşi Military Tribunal issues a citation for January 10, 2014,
            -on January 10, 2014, I am heard and provide a written and signed statement to the Judge Advocate General at the Iaşi Military Tribunal,
            -on March 14, 2014, the Judge Advocate General at the Iaşi Military Tribunal issues the Ordinance of dismissal,
            -on March 25, 2014, I acknowledge the deliverance of the Ordinance,
-the Ordinance shows that: the representatives of the Riot Police do not challenge the repeated identity control procedure concerning the undersigned, they do not challenge the procedure performed by a high number of Riot Police employees close to their vehicles, they do not challenge the existence of the filming sequences related to my presence in the Pungeşti area, that is the filming sequence of the second identity control procedure,
-the case documents, meaning the statement of the witness --- and the Letters sent by the VASLUI RIOT POLICE COUNTY INSPECTORATE to the military prosecutor, do not show any evidence of me being the subject of a civil penalty or a criminal complaint filed by Chevron Romania or the subject of criminal case to the Vaslui Court,
-the case documents do not show that there has been «solid evidence» that I was performing, having performed or preparing to perform «a deed which stands as crime or criminal offence», the deed of identity control performed by the Riot Police personnel being illegal, abusive, degrading, insulting, undemocratic and unconstitutional, against the letter and the spirit of art. 27, let. b, from Law no. 550/2004,
-the Judge Advocate General ignored the fact that the presence and the actions of the Riot Police employees within the Ministry of Interior were contrary to Order no. 60/2010 of the Ministry of Interior concerning the organization and the performance of activities of preserving public order and security, particularily articles 1 and 12:

--PAGE 2---

              Art. 1, pt. 1 states that “Maintaining public order and security represents the set of measures taken by and regular activities of the Romanian Police, with the purpose of protecting and observing the citizens’ fundamental rights, regular operation of the state institutions, the civil norms, social rules, other supreme values, as well as the public and private property.”
            Art. 12, pt. 1 states that “By the order of the Chief of the City/Town Police, special places of public security can be established in urban and rural areas with the participation of additional teams in charge with public order and security, with the use of personnel belonging to other police structures: Criminal Investigation, Special Police Units etc.
-according to art. 19 from the Law no. 550/2004, “(1) The Romanian Riot Police fulfills the following duties, using its specialized units:” “c) carry out missions of restoring public order whenever it has been disrupted by any type of actions or deeds contrary to the regular legal provisions;”
-The special area of public security established within the PUNGEŞTI village, VASLUI county, should have been handled by the Romanian Police, that is the Vaslui City Police, because maintaining public order is a duty to be fulfilled by the Romanian Police, not by the Riot Police. Therefore, the performance of the duties of the three Riot Police employees did not observe the legal framework, they have carried out illegal orders coming from their superior officers and performed abusive identity control activities and behaved abusively,
-following the filming sequences sent by the Riot Police, the statement related to the use of an insulting language is not being challenged. I considered the use of «Come here, you crank» and «You might receive a civil penalty at home!» to be insulting, degrading and threatening. The criminal prosecutor found that these words do not show the guilt and intent of insulting, degrading and threatening me, a finding which I strongly object to.
-according to the statements given at the hearings, the three Riot Police employees were ordered to “identify the individuals who provoked the damages” “pursuing” “the identification of individuals with marks of scratches and damaged clothes in the wrecked fences”

--PAGE 3---
-the case documents show that I followed the request of the Riot Police personnel, showed co-operation, did not use an insulting language and did not show signs of violence, “marks of scratches and damaged clothes in the wrecked fences”, I voluntarily attended the hearing for which a citation was issued and proposed a witness who showed co-operation with the criminal prosecutor.
-it is not found whether the representatives of the Riot Police provided the criminal prosecutor with unedited and complete filming materials, presented on the original storage device, performed with the technical means of the Riot Police.
-it is not found when and where the three Riot Police employees were heard.
- the elements on which the Judge Advocate General based his decision to identify the three Riot Police employees as potential perpetrators of the crimes being investigated are not found.
-the Judge Advocate General did not offer me the chance of performing a visual identification procedure related to the three Riot Police employees as potential perpetrators of the crimes being investigated.
   Hence, the Riot Police employees did not have the right then and there to prevent my return home, to ask for my Identity Card and to film me. I was treated as a criminal with no legal reason.
The Ordinance of dismissal brings the possibility of me being sued by the three Riot Police employees for libelous complaint, circumstance which brings emotional and psychological distress. I want to make clear that the three Riot Police employees are being supported by the Romanian Government, the Ministry of Interior, the General Inspectorate of the Romanian Riot Police, the Vaslui County Riot Police Inspectorate and the Ploieşti Riot Police Intervention Team. I, the undersigned, am not member of a political party or a Non-Governmental Organization and am not represented by a attorney of law paid through donations or personal funds.
   The representatives of the Riot Police resigned to degrading behavior towards me, limited my freedom of movement on Romanian soil, did not respect my view according  to which shale gas exploration and exploitation through hydraulic fracturing, unsafe procedure in relation to the quality of the drinking water and water for agricultural use, developed within the Pungeşti are, is being performed following the illegal activities of CHEVRON ROMANIA when it comes to the right of using the disputed area, circumstance investigated by the Fraud Investigation Service of the Vaslui County Police Inspectorate.
   By displaying my sacred loyalty to my country, I challenged the way in which the Riot Police personnel fulfilled their oath to protect the country. I fulfilled my right and duty to defend my country in good faith.

--PAGE 4---

   I was subjected to identity control twice because the state authorities involved in the matter, particularily the authorities in charge with public order and national security, have noticed that I expressed my thoughts and views publicly, peacefully and without carrying any weapon. At the same time, I challenged the way in which the authorities did not observe the constitutional right to a safe and balanced environment. The representatives of the Riot Police, institution under the control of the Ministry of Interior, part of the Romanian Government, did not provide the conditions for me to freely participate in the political, social and economic life of the country.
   It is worth mentioning that the Judge Advocate General in charge with Case no. 259/P/2013 showed lack of respect towards the undersigned taking into account the following:
-he issued the citation for January 10, 2013 on December 23, 2013,
-
-the Ordinance of dismissal is dated “Year 2013 month March day 14”,
-
-he dated the Letter of the Vaslui County Riot Police Inspectorate prior to December 7, 2013: No. 2324613/ 2013-02-05,
-he seized my original Citation without providing any justification.
   Considering the above-mentioned, I find that there is enough evidence to bring to trial master sergeant ---, master sergeant --- and capt. ---, all three Riot Police employees with the Ploieşti Riot Police Intervention Team, because the adjudication ordered by the Judge Advocate General at the Iaşi Military Tribunal is unsubstantial and unjustified.

--PAGE 5---

   I rest my complaint on the provisions of art. 275-278 of the Code of Criminal Procedure, and art. 5, 9, 10, 11 from the European Convention on Human Rights, and art. 22, par. 2, art. 25, art. 29, par. 1, art. 30, art. 35, art. 39, art. 49, par. 5, art. 54, par. 1, art. 55, par. 1, from the Constitution of Romania.
   I append to the present complaint the following documents:
-copy of the scanned citation
-copy of the Letter of the Judge Advocate General to the Iaşi Military Tribunal
-copy of the Ordinance of dismissal
-copy of the Criminal Complaint
-copy of the envelope
-copy of the advice of the delivery of the Criminal Complaint
-copy of the Request of the undersigned no. 2352631 from 2014-01-06 to the Vaslui County Riot Police Inspectorate
-copy of the Letter no. 2324118 from 2014-01-08 of the Vaslui County Riot Police Inspectorate
-copy of the scanned Letter of the General Inspectorate of the Romanian Riot Police for the producer of the TV show DOSAR ROMÂNIA running on TVR 1.
-
   The address of deliverance of the procedural documents of the Judge Advocate General’s Office at the Military Tribunal Iaşi concerning the undersigned is: Sava Paul, Iaşi, str. ---, no. ---, blk. ---, apt. ---, Iaşi county, zip code ---.

2014-04-12                                                                  --- SAVA PAUL,


TO THE JUDGE ADVOCATE GENERAL AT THE MILITARY COURT OF APPEAL


--PAGE 6---

No comments:

Post a Comment

The Truth shall set you free...