Court ruling remains final and irrevocable
On 23rd of June, 2015, Bucharest Court of first instance gave a final and irrevocable ruling in favor of Gregorian Bivolaru, who sued the Romanian State for illegal actions committed by authorities in regard of the clearance and of the interception of his telephone calls. The Court decided that Romanian authorities are guilty for the way in which the wire tapping warrants had been issued, and also for submitting and using the records (of phone calls) in the file in which Gregorian Bivolaru had been judged and convicted by the High Court of Cassation and Justice of Romania (ICCJ).
The grounds of this action were that these recordings had been obtained by the Romanian Intelligence Service (SRI) on the base of a warrant which claimed the phantasmal reason of “endangering the national security”. Nevertheless, the recordings had been used in a case of criminal common law which, of course, had nothing to do with the national security.
It is important to highlight the fact that the Court’s ruling has a huge importance not only for officially denouncing a severe abuse which Romanian authorities had done on Gregorian Bivolaru, but also for dismantling other illegal judiciary approaches which stand subsequent to these recordings, which had been considered so-called “proofs”.
So, the masquerade case that ended in June 2013, at the High Court of Cassation and Justice, by convicting Gregorian Bivolaru have had as principal proof these recordings, which have been kept “secret” during the trial held at previous Courts in Sibiu and Alba-Iulia. It is obvious now that the reason for this secrecy was exactly the illegality of these tools, a fact the prosecutors knew very well. At the process deployed in ICCJ, based on outrageous abuses serially done by the judge Ionuţ Matei, these illegal proofs were admitted.
We just remind that in June 2013, the MISA founder was convicted in an absurd trial, involving NO victim. Mădălina Dumitru, the one who has been declared, against her will, by prosecutors as “Gregorian Bivolaru’s victim”, stated many times that the incriminated facts do not exist and that everything was in fact a Prosecutor’s Office set up.
In this context it would be right that this Bucharest Court ruling influences and even invalidates the illegal verdict of Gregorian Bivolaru’s conviction in the case of so-called relations with Mădălina Dumitru.
Bucharest Court has shown that wire tapping Gregorian Bivolaru’s phone calls violated the European Convention on Human Rights and its additional protocols. According to Convention’s Article 8 Section 1, “Everyone has the right to respect for his private and family life, his home and his correspondence”.