Although the violence in April 2009 have been almost two years, no remaining policemen, including those who have abused minors, was held accountable. Instead, juveniles charged with robbery, hooliganism and participation in mass disorder responded to the law. Face to face with assailants |
| trial only went against the policemen who tortured minors after 7 apilie |
January 20, 2011. Buiucani. 10 am. A boy of 16 years, Cyril Gumeni, stays silent, but obviously anxious on the bench in the courtroom. Ion Grosu military prosecutor gives the last statement. After more than 10 hearings attended, Cyril knows by heart procedure. He knows what is and is committed to explain the story again. To testify again as it was "game" on April 10, 2009, even before the Government, civil police, shoved into a car Opel Vectra burgundy and led police station basement Buiucani. There he was severely beaten, then - left unconscious, bloody and broken leg on the side of a street near his home.
are policemen on the dock and Octavian Gutu Ion Paiu. Cyril rarely in the direction they still obviously scared. His voice trembles when giving statements, but patient responds to questions the prosecutor and lawyers and Nicholas Iurie Chifiac Marandici. But his mother can not control her tears when telling the judge that passed through his child who was then 14 years. "I am heartbroken when I saw him on his hospital bed. He suffered second leg surgery. And now in pain. Often has nightmares, startled in his sleep, he became nervous and anxious. It was a perfectly healthy child until two years ago, "says Ms Gumeni.
Police. Buy innocence. |
| Gutu police and the Panca defendants Paiu |
Cyril for hospitalization and treatment, which is their only child, the parents spent their income for 2-3 months. "He did not have money for bread, but any parent would give his life for the child," his mother says Cyril. Although a modest income family has not been left "bought." On February 10, 2009, prosecutors have initiated criminal proceedings on behalf of another policeman accused of money proposed Gumeni family in exchange retrageii complaint against Gutu. According to a press release from the Ministry of Interior, the criminal case was filed "on that influence by minor Gumeni Bârliba police officer, who insisted that called to change their statements in the police Octavian Gutu. "Mr. policeman wanted to give us 300 euros in charges to retreat, but I accepted," said the boy's mother. From what child, the policeman went further. "I promised to give me a scooter, a computer and free internet for one year just to say that I broke my leg accidentally, "says Cyril before the judge. Octavian Gutu
: "I am innocent" Octavian Gutu completely denies the allegations and claims he is innocent. The help he gets and his former chief, Igor Gumaniuc, which is called as a witness in court says he does not remember his employees have given indications Paiu Gutu and to "hunt down" those who vandalized the headquarters of Parliament on April 7, 2009. "Nothing unusual happened on 10 not April. A day like any other ", as Igor describes Gumaniuc day that Cyril was severely beaten by police. Although
participated in the demonstrations on April 7-8, Cyril is one of the children-victims of human law. They continued in the days following the rally to the young protesters and hunt in schools or take them from the street. No policeman punished
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| Cyril Gumeni rebuilding process - was left in place by police in April 2009 |
In another case the judge got on the board until December 2010, six people listed as victims - Radu Calancea Vitalie Iurcu, Dinghy Andrei Radu Banari, Donos and Tatiana Marcela Roman. Of all, only a minor Iurcu Vitalie. In this common case, the only accused of negligence is the policeman Sergei Galaniuc.
So far, the court reached only three files on the three juvenile victims of police following the events of April 7, 2009. Accused of abuse or neglect in the police service are Vasile Olaru Sergiu Galaniuc, Octavian Gutu Ion Paiu, following complaints of minors Dumitru Mozan Vitalie Gumeni Iurcu and Cyril. Yet in none of these cases did not reach a decision rule. Children judged
night in police stations In contrast, for children accused of robbery, hooliganism or participation in mass disorders, all committed in April 2009, things seem to have moved faster. Many of them have been tried even in police stations. Stephen's cousin
Postică and Maxim Postică were judged PSC Centre in the premises on April 8, evening, accused intended to steal a rug. "I do not understand why I was charged with robbery because I did nothing wrong, only that I was 1:00 at night in front of Government", says Stephen puzzled. "They gave us seven days of house arrest and said that two years we are not allowed to leave the country." Maxim says Post.
After this decision, the boys were allowed to leave. "The police told us that we remain in the police station until morning, but I would not be supported to stay there another night. We walk to the village of Siren, Straseni not move anything because at that time. We got home at 4 am, "says Maxim. Few children
complaint |
| Cyril Gumeni to hospital with fractured leg |
Of the 33 children held in criminal or administrative liability in connection with the events of April 2009, only three have filed complaints against police officers for abuse and Of these, only one was accepted. Applications of Peter and John Carcevschi Zadîr were rejected by prosecutors, even if the Child Advocate has lodged their complaints to the prosecution. "These two cases were examined with the consent of victims, other people contacted the Child Advocate have agreed to examine allegations of torture, which is why the number of cases where minors have filed suit against the police is so small," said Dumitru Roman , adviser to the Ombudsman for Child Protection. Although child
lawyer, Tamara Plamadeala claims that he contacted all the children who were detained and mistreated by police on 7-8 April 2009, encouraging them to submit complaints to the prosecution, not all parents and children confirm this. "We have been contacted for help medical representative Rehabilitation Centre for Torture Victims" Memoria ", then I was advised to appeal to a lawyer. So I found the lawyer Iurie Oancea. I do not remember us being contacted Ms Plamadeala "says Valentina Iurcu, mother of one of the children-victims.
"We wanted to protect my child" Although parents realize that the police acted illegally, have not tried to seek justice because they lack confidence in state institutions. One of the mothers of abused children, Aurelia Lopatenco, says that three days did not know where her son is 14 years. Although he consulted a lawyer, decided not to press charges. "We wanted to protect my child from a different stress," says Aurelia Lopatenco. "In April 2009 I was asked to defend the interests of a minor, but for reasons unknown person dropped," said lawyer Babar Angela. The same thing is said another lawyer, Vyacheslav Maximov. Parents of a minor that he be denied his services as soon as the child was released from the sorting center.
psychologist Lilia Gorceag believes that parents ought to complain. "If the child understands that the policeman who tortured him will be punished, will regain confidence in state institutions. Otherwise, there is a risk that child to develop a delinquent and violent behavior in the future. " Children
detainees had no legal grounds to complain In total, according to MIA data, in April 2009, 63 children were detained and taken to police stations and the Juvenile Temporary Placement Center. I contacted by phone on most of these teenagers and they all said they were abused, physically and psychologically abused by police. Lawyer Victor Zacharias at the Institute for Penal Reform (IRP) says that all those detained more than 60 children "had a legal basis to seek a lawyer or to lodge a complaint directly to the prosecution because they were blatantly violated a series of rights. "
child rights during detention: - Any form of violence against children during arrest and detention is strictly prohibited.
- child will not be detained longer than 72 hours. Hearing
- child will not exceed 2 hours. The police will notify the
- parent or guardian of the place and reason for detention;
- police must immediately draw as a child was arrested minutes to read that in the presence of teacher and lawyer to promptly notify the prosecutor.
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Extract from the Code of Criminal Procedure: - prosecution and trial of criminal cases is a reasonable time. (Art. 20).
- Apprehension and detention of remand can be applied only in exceptional cases where serious crimes were committed particularly serious or exceptionally serious. (Article 477 (2)).
- apprehension or arrest of juvenile shall immediately notify the parents or other legal representatives of the minor, which is recorded in the arrest report. (Article 477 (3)).
- suspect accused at the hearing, the juvenile defendant, defender and teacher participation or psychologist is mandatory. (Article 479 (2)).
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Prosecutor took notice in one case Although the Criminal Procedure Code states: "Even if the victim for some reason is unable to defend their legitimate rights and interests, even if the prosecutor starts prosecution victim has not complained, "Prosecution has self-only in one case - Cyril's Gumeni.
"The lack of that offense." Thus motivated criminal prosecution if the prosecutor's first military Iurcu Vitalie, Michael Ivanov, in October 2009 and a month later, the prosecutor Nicholas Dimitriev. Ivanov is the prosecutor who refused to start criminal proceedings against the policemen who tortured the children Peter and John Carcevschi Zadîr. Their cases will not likely reach the judges table. The same could have happened and file of Vitalie Iurcu if his lawyer did not challenge the orders of prosecutors, twice managed to obtain the annulment of the refusal to start proceedings.
Again, the hope is to ECHR |
Vitalie | Iurcu - another minor mistreated people |
law "in cases where prosecutors judges canceled the order, the Disciplinary Board should apply disciplinary sanctions according to art. 62 of the Prosecution ", believes Vitalie Zama lawyer, member of the Association of Lawyers for Human Rights. "No sanction was imposed on prosecutors in the Military Prosecutor. Person's right to request cancellation of orders. The prosecutor can not prosecute without clear evidence that crime was committed. In this case, the prosecution has no basis, "says the other side, the military prosecutor Nicholas Dimitriev.
currently Vitalie's case is handled by the Prosecutor General Iurcu. Only in December 2010 after his case was connected to the other two, Vitaly was called to give evidence istanţă. "Eventually, I complained to the ECHR in the country because we have no right," his mother says Vitalie.
The three assailants, only one file to another folder minor Mozan Dumitru, as in the case of Vitaly Iurcu, came to court only after the investigation was entrusted to a third prosecutor. "The three policemen who beat him Dumitru, Vasile Olaru was only criminal prosecution. Although it is very difficult, we are determined to go to the end because we want to do right, "says Serge Mozan, the boy's father.
in Moldova is no punishment if a child knocks While Moldova has ratified the UN Convention on the Rights of the Child and has made such a commitment to ensure that no child shall be subjected to torture, cruel, inhuman or degrading treatment, children are still victims of physical abuse, both in family and society, finds Tamara Plamadeala child advocate. MORE
Statistically, in 2009 opened 57 criminal cases on physical abuse of children, of which 43 have reached the courts. In 2010, to September were opened 45 criminal cases, of which 28 have reached the courts. But no one was held accountable.
Children who are or have been victims of abuse of any kind, including people from the law, can seek help from:
- district or municipal departments for child protection within the territorial structures of Ministry of Labour, Social Affairs and Family.
- 0800 11116 Hotline, Child Advocate office open.
- National Center for Prevention of Child Abuse (CNPAC) - 75 88 59 27 06 or 48.
- Institute for Human Rights - (IDOM) 83 78 260 84 08 or 0793. police continue to mistreat children
In March 2010 a 17 year old boy was arrested by the police Straseni the Lightning during a drug raid. Boy otherwise eminent and award-winning district at the Olympics, was taken to the police station where, from what the mother was interrogated and even tortured by the inspector for minors, who is a woman. Parents have complained, but the prosecutor has an ordinance in December 2010 for refusing the prosecution, citing lack of evidence of crime. "I called the Institute for Human Rights in Moldova for help, because we no longer know what to do. Police is still in office and has not received any penalty, "said the boy's mother.
"As long as police officers will not be punished for violent and undignified behavior towards children, we have cases of child abuse by the very people who should protect them ", says child advocate, Tamara Plamadeala.
investigation was made in the campaign "Journalists for Human Rights, conducted by the Center for Investigative Journalism to support the U.S. Embassy in Moldova.