CEDO rules against Roumania

European Court of Human Rights ruled its first pilot decision against Romania. The state has 18 months to resolve the issue of returning confiscated properties during Communism

de A.C. HotNews.ro

Marţi, 12 octombrie 2010, 14:56 English | Top News

The European Court for Human Rights ruled its first pilot decision today against Romania in the case involving Maria Atanasiu and others which practically suspends similar causes in the Court and orders the Romanian state to resolve the issue of returning nationalized properties during Communism in the next 18 months. The decision is extremely important as it compels the state to respect fundamental rights and set up a functional system of returning stolen properties or offering due compensation. The Court has already recommended Romania resolves this issue but the pilot decision now forces Romania to take measures. If it does not comply, it could risk the exclusion from the Council of Europe.

The Court accepts that article 6, line 1 of the Convention and article 1 of the no. 1 Protocol were breached in the case involving Maria Atanasiu and Ileana Iuliana Poenaru and compels the Romanian state to take all measures to guarantee the rights of citizens to have their properties confiscated during Communism returned.
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(Links above all in Roumanian) See HERE for more info on the case presented at Strasbourg and HERE in Codexnews for the 'audience' itself, where it was ruled that the nationalising of the property had been carried out illegally in 1950 and that the two ladies should recuperate it with the exception of one apartment in the building for which they should be paid compensation. Easy to follow so far. However, it gets complicated, since the property is being used by the University of Craiova.

A demand for compensation was addressed to the aforementioned university which was rejected in July 2001 by the Dean. The decision was over-ruled by the High Court with a deadline of 30th March 2006, establishing the ladies right to damages. The Dean caved in in March 2009 (what was happening between times??) and sent the file to the national authorities for the restitution of properties. According to the ladies, up to now, they haven't yet seen a penny of their damages.

Not surprised. Keep fighting, ladies. Don't let them grind you down! It's worth noting that Roumania has indeed already been told to get their finger out, do the honest thing and pay up for the sins of the fathers. How embarrassing, how shameful that they must be told now to do so by the European Court of Human Rights. Interesting to read that not a finger was moved until now and that's always how it goes. 'They', the 'moghuls' presumably, just sit there in their comfy chairs and wait. They wait until they have no choice. They wait until someone ELSE does the work (these two ladies going to court - one born in 1912 and the other 1937 - not once, but TWICE), spends the money and only when really, truly they have no choice, they move just a little.

Reminds me of Giulesti. Everyone knew there was a staff shortage. Everyone knew there was a flagrant absence of fire detection ("I had heard that," said Mirela Ranga, the medical director, "but it's not an obligation." Oh, do me a favour) in an ITU filled with expensive equipment and oxygen tanks. Everyone knew about the pathetic (bordering on offensive) salaries, the blocked posts, the laziness of management, the incompetence within the system - but did anyone move? No. Then on 16th August, a terrible tragedy occurred. "Oh," said the general public, "it was waiting to happen." Actually no, everyone LET it happen because, as always, "sometimes I sits and thinks and sometimes I just sits."

Let someone else move. Let someone else do the work. Let someone else get involved. No. The buck stops here.

Criminals like Voicu, Patriciu, Vintu walk around breathing the sweet air of freedom happy as Larry because they know precisely how to work the system, while Florentina tears her hair out for a tragedy that wasn't of her making in her jail cell. Two elderly ladies have to hit CEDO TWICE to be compensated. So-called justice is meted out by crooked magistrates (just read the papers for more on that - the pages are full of reports) who breach articles of the Convention (of the country which they are supposed to serve proudly) and protocols round every bend. Students BUY their way through universities either because they can't be bothered to work or because they are told by teachers to pay up or they will fail. People buy drivers licenses - Roumania has one of the worst records for road accidents and this cannot possibly come as a shock to anyone. Laws are passed in government completely illegally by ministers like Roberta who can't even count. The General Prosecutor for the country hasn't finished her MA yet and possesses ZERO experience of the world at large - but daddy was a prominent procuror himself in Medias, so... it's hallucinating, but it's real. And the answer to all this is one word. NOOOOOOOOOOOOOOOO. A little word. But resounding.

I am thrilled, really delighted, to see that CEDO is becoming involved in such cases and that Roumania, the beloved country of my heart in so many ways (but not this one!) is being forced to pay for parts of its history that has left a rotten heritage of corruption, nepotism and incompetence - precisely what the honest revolutionaries wanted to stamp out. While Florentina remains locked up due to the very heritage just mentioned, there is a glimmer of hope that one of these days, with the beady eye of CEDO becoming more and more aware of the bad smell emanating from government, ministries and the 'aparachik' which still coitois to the 'old school' and live on spaga, favours and bribes, justice may be within the grasp of the people of Roumania. As a member of the EU, as a sister to the west, it is inconceivable that things can continue as they are. It seems that what communism didn't kill, today's government is doing its best to finish off. Well, no. It has become international knowledge. NO! people have rights, both legal and human, and they mlust be applied everywhere - even in Roumania.

The country does NOT belong to the idiots that inherited it after 1989, nor those who lined their stomachs and profited on the backs of the frightened, the hungry and the poor before the lovilutie. It belongs to the people. The very people who today are being robbed blind of their pensions, 25% of their salaries, their right to good health care (as the Marie Curie childrens hospital near parcul Tineretului closes), their right to nursing and medical staff (leaving the country at an alarming rate - and understandably), their basic right to education (with cuts once again and the deplorable state of universities, more and more students leave the country to be educated abroad) and ultimately...their right to JUSTICE.

This is a drop in the ocean, but it is a little voice that shouts, "NO!" It is the first ruling against an oligarchy that abuses its people in a country that could be as beautiful again as it once was. Albeit just the first ruling, but I pray it will be the first of many.

Reading this has made my day.

Comments

[ion dreptate]

Sa nu uitam ca Imobilile furate de Dictatura Comunista, au intrat in partimoniul Statul Roman actual . Statul Roman actual a vandut dupa Revolutie , Immobilele furate de Dictatura Comunista .In acest sens Statul Roman actual participa mai departe la Crima Organizata de Dictatura Comunista . Valoarea furtului total al Immobilelor intrate in posesia si administratia Statului Roman dupa 1989 sa ridica la valoarea de Piata actuala de ca 500 de Miliarde de Euro.
Ca atare Romania nu are un Staat Democrat ci o Dictatura Camuflata care exploateaza mai departe resursele Poporului Roman sustinuti de FMI /Banca Internationala si de Comunitatea Europeana.
Regimul Politic al Statului Roman incearca cu sprijinul intereselor externe sa acopere mai departe furturile efectuate de Dictatura Comunista. Dupa Codul Penal al Romaniei cei care au participat la un Furt trebuie judecati. Buna credinta a cumparatorului unui bun furat este nulla dupa Codul Penal Roman. Cei care acopere, sustine sau participa la un furt incl. Organele Statului Roman sant de condamnati intre 1 an pana la 15 ani de incisoare

[sairj]

@Balbeck - I saw! Thank you!
@Aurab - Great to see you! Did you see our blog in support of Florentina? http://florentinablog.canalblog.com See you soon, sweetie! xox

[aurab]

even if "a drop in the ocean" it is giving o big hope; One day my dear Sarah I hope we will look back and see the whole ocean at our feet.
ab

[balbeck]

Hi,i saw it.I don`t have news.I put that post on my blog,too.

[sairj]

Hi Balbeck! Nicole just wrote a great editorial on Dreptate Pentru Florentina. Did you see it (link on right of this post under 'D')? Did you find out anything new? The media has gone quiet again!

Welcome back and hope you had a great trip. I lived in Andalucia for 3 months (studying) and got around a bit too...Ronda, Gibraltar, Grenada, Seville, Cordoba, Cadiz...see January-March 2010 on this blog for pix and news!!

Please email Nicole or Florina if you hear anything new. We are watching the media intently but so far...nothing to report.

Numai de bine!
Sarah