The revolting forgeries and manipulations behind the unjust conviction of Gregorian Bivolaru (1)
by Decebal Avramescu and Florina Hari
With this article we will begin a series of sensational disclosures on the manner in which the evidence and the testimonies of the so-called victims and witnesses were forged, on how the trial was manipulated in the case of Gregorian Bivolaru at the High Court of Cassation and Justice, a trial which was concluded in June of 2013 with a rigged conviction. We will point out the existence of a vicious system which is (unfortunately) defended by the very authorities.
All these were possible because, in Romania, those who have the greatest decision making power still have the means of presenting white as black and they can make use of abusive decisions, whose conservation involves new forms of abuse every time, which are meant to hide the remnants of the previous abuse. The incredible persecutions and mystifications that we will present in the following pages will make you truly understand the nature of the country you are living in and the way in which you are being lied and manipulated.
From the very beginning, we must point out the fact that these judicial maneuvers have been systematically accompanied and covered by a diabolical media orchestration and manipulation campaign. Even without having analyzed the problem for too long, any lucid man can easily notice a very peculiar thing: from most of the articles and television shows (and there are thousands of them) that attacked the yogis, the response of those accused is completely missing.
The public opinion has been genuinely hypnotized for years, with only one point of view shown to the public, the one belonging to the accusers. And this is a completely abnormal aspect, which contradicts the most elementary norms of journalism. Considering the fact that this situation is periodically repeated, the only explanation is that in this case, there are some interests above the law dictating the outcome of this trial.
Upon an attentive analysis of the MISA case, there is an obvious disproportion between the gigantic media and judicial scandal and the fact that actually by lack of evidence, the case does not stand. For example, we should ask ourselves, what’s now left of the accusations from ten years ago, in 2004, when those extremely aggressive raids were conducted on the homes of the yogis, an act which was unanimously characterized as the “biggest Police operation since the Revolution” by the press?
All these imaginary accusations disappeared like smoke. The only justification of this whole scandal seems to be the conviction of Gregorian Bivolaru for “sex with a minor”. But the things become even more questionable (at more conclusive, at the same time) if we take into consideration the fact that the “victim”, Mădălina Dumitru filed countless complaints in which she has shown that in reality, everything is a set up done by the prosecutors and she is not accusing the MISA leader of anything. And yet, this aspect of the problem was not presented to the media, even if this is the only “victim” of Gregorian Bivolaru “proven” in court.
It is important to notice that, even if the press seems to be interested in any detail regarding MISA, any opinion that is contradicting the conclusion which is against the yogis, no matter how important, no matter whose opinion it is, that opinion is completely ignored.
Thus we can see that the decision of granting political asylum to Gregorian Bivolaru by the Supreme Court in Stockholm was never brought to the attention of the public opinion in Romania. The alarming reports in the MISA case of international human rights organizations or the requests addressed to the Romanian state on this case by dozens of members of the European Parliament are not mentioned by the journalists. Why does the press in Romania say nothing about all these?
A very thorough and competent study of the MISA case was done by Gabriel Andreescu, the founder of APADOR-CH (The association for defending human rights – Helsinki Committee). Mister Andreescu published two volumes of analysis on concrete cases entitled “Repressing the yoga movement in the 1980s” and “Repression against MISA from 1990 until present day”. In his introduction to the first volume, he says: “Repression against MISA adepts might seem a hard to believe story, in a society that belongs to the democratic community. It would be hard for us to believe that these things actually happened if it weren’t for the fact that they took place right before us.”
But it is much more significant that even though mister Gabriel Andreescu is a well known authority in Romanian society, his studies on the MISA case were completely omitted by the journalists. And the entire Romanian “diverse” press adhered to this blatant discrimination strategy and yet, regarding MISA, they’re all playing the same song. This is the reason why we can talk about a case of media lynching planned by some interest groups that have the ability of dictating the message they want to induce to the population.
However, the Romanian authorities’ campaign against MISA has already become an international subject and it was unveiled in its true form after the spiritual leader of the movement, Gregorian Bivolaru, took refuge in Sweden.
The Supreme court of Sweden refused the extradition required by the authorities in Bucharest. The court came to the conclusion that: “An overall view of the investigation referred to in this part must be seen as supporting the conclusion that, due to his religious beliefs, Gregorian Bivolaru is risking severe persecutions if extradited. For this reason, the Supreme Court decided that paragraph 7 represents an impediment in applying the Law of extradition.”
Viebeke Sperling, a famous Danish journalist wrote in July of 2012 in an article published by the Danish newspaper Politiken: “The MISA case proves that Romania did not cease to practice the obscure methods of the Securitate from the times of Ceauşescu. There are agents of the fearsome Securitate, from the communist times, that are still wreaking havoc from inside the Romanian Government.” As a matter of fact, brigadier general Dan Voinea, former chief of the Military prosecutor’s offices, who had the job of researching the MISA case from a judicial point of view, ended up saying that “Gregorian Bivolaru’s file was fabricated by the Romanian prosecution as ordered by Securitate. It is a bizarre and unique case in European justice.”
There are, indeed, plenty of data showing that the MISA files were fabricated by the secret services of the state (the former communist Securitate, then the current Romanian Secret Service). For that matter, in the year 2011, a spokesman of the Romanian Secret Service even admitted publicly that there are agents of the Romanian Secret Service who have been already working for 16 years as undercover journalists, in order to control the campaign against yoga practitioners.
The question that naturally arises is: why does this heinous repression of a yoga school take place? The answer has already been given and confirmed long ago by the history: because manipulation based regimes are always extremely offended by authentic spiritual movements, by large groups of men who, through their orientation towards God, cannot be subdued.
A spiritual man can notice the truth beyond the appearances and hoaxes that some try to induce. And the system sees a threat in this. The system wants people to have a sheep-like behaviour, to be tranquilized by television and to obediently listen to the suggestions given to them, more or less explicitly. The last thing that people from the side scene of power wish for is a well-informed, aware, capable public opinion that can cleverly analyze everything. This is why public opinion is kept in a horrible numbness of thought.
We believe that the injustices in the MISA case are relevant for the way the entire democracy in Romania functions. The same kind of injustice was done in the case of the victims of the so-called “Revolution” in 1989, the same happened with the victims of the miners’ strikes, the same happened in the case of the illegal and toxic excavations at Roşia Montana, the same happened with schist gas, with the destruction of Romanian culture, education, industry, the health system… Romanian brothers – to quote an already historical slogan – wake up, for you have slept for long enough! All these sever realities that we are confronted with are inter-connected and they are not random, they are not the results of the incompetence of someone we could blame.
The yogi harassment and Gregorian Bivolaru’s harassment were triggered after some bizarre lies regarding the yogis were launched in the media, even since the 90’s. Then, in 1996, there were some official sources who admitted that MISA began to be informatively investigated by the Romanian Secret Service. There were some repeated human rights infringements from the authorities inflicted on yoga practitioners: discrimination in renting a place for the yoga courses, brutal raids of the police at MISA headquarters, raids when they immobilized yogis by abusively using handcuffs, and so on. But in march 2004 the repressions have reached an unprecedented level. Than, the prosecutors’ raids in the homes of the yogis, using masked gendarmes, had the purpose to find no matter what pretext to definitely destroy this spiritual group.
It’s an interesting fact, that the police actions in 2004 were part of an operation with the code name “CHRIST” (from Greek – Christ: the anointed, the one chosen by God) – a shocking name which reveals, without a doubt, the involvement of certain occult antagonist forces into the ideological repression against the yoga school and the yogi Gregorian Bivolaru.
The assault of the gendarmes and the prosecutors in March 2004 on the private homes of yoga practitioners was described in the conclusions of the APADOR-CH Report in April of 2004 as follows: “The brutal, unmotivated raids conducted on the 18th of March 2004, in Bucharest, in which over 300 gendarmes, prosecutors, police officers and Romanian Secret Service workers took part are an event which is part of a series of actions targeting MISA and the yoga movement in Romania. Repressive actions and deceitful campaigns against MISA and yoga sympathizers have taken place before, in other parts of the country. But the intervention of the prosecutor’s office, the gendarmes and the Romanian Secret Service in the events of March 2004 never reached such proportions. This is the most severe breaching of democracy since the miners’ strikes.”
Although the extremely violent operation of March 2004 was aimed as something meant to outlaw yogis, everything proved to be just a major bluff of the authorities. None of the shocking accusations (endangering national security, drug trafficking, weapon trafficking, prostitution) could not be proved by the evidence. This was even more embarrassing since the agents were already observing MISA for 10 years and they even began listening to the members’ phone calls.
However, in order to justify the exaggerated deployment of judicial forces and the media scandal, there have been some investigations that were started (fabricated, forged) against the members of MISA. The most hilarious aspect which proves the falseness of these files is the fact that the prosecution began – allegedly – without knowing the names of the culprits (“in rem” in judicial terms). Do they really want us to believe that the Romanian Secret Service agents did not know who those people were, after observing and listening to their telephones for 10 years?
In addition, even though in 2004, the prosecutors and the masked gendarmes who raided sixteen homes and disturbed the private lives of dozens of people (while confiscating tons of assets as evidence), shockingly, nobody was arrested because the Prosecutor’s office had no evidence.
In the desperate attempt to give an appearance of legitimacy to the abusive actions that took place in March 2004, “PUBLIC ENEMY NUMBER 1”, “THE DANGEROUS” Gregorian Bivolaru was sent to trial by the Prosecutor’s office next to the Bucharest Appeal Court for the crimes of having sex with a minor, sexual perversion, sexual corruption, minor trafficking and attempt of fraudulently crossing the Romanian border.
So there are over 10 years of surveillance, tremendous amounts of material resources spent and human resources involved which are gloriously crowned with the identification and capturing of the “absolute danger and arch-enemy of Romanian society”, in a file in which the so-called victim (minor) is firmly declining her quality as a victim!!! Even more than that, she denounced the prosecution for the trauma she was subjected to. Despite the fact that the extremely heavy accusations spread by the authorities in the first days of the investigation, in March 2004, could not be supported through concrete evidence, the persecution and aggression against the MISA yoga practitioners still continued.
A part of the prosecutors’ victims made 55 penal complaints at the Prosecutor’s office next to the High Court of Cassation and Justice against the prosecutors of the Bucharest Appeal Court, regarding a number of over 10 serious crimes done by them on the raids that took place on the 18th of March 2004 and during the hearings following that day. Suspiciously, none of the victims who formulated complaints weren’t summoned for hearings and there was absolutely no procedural act that was done in these files whose complainants where the yogis. You can see here very clearly that the solidarity of the prosecutors in covering up the facts of their fellow criminals was, and we might even say, in speech marks – “remarkable”.
During the trials that followed and whose culprit was Gregorian Bivolaru, this was acquited both by the first law court, The Court of Sibiu, as well as by the appeal court, The Alba-Iulia Appeal Court. The first law court and the appeal court both determined that there are no incriminating facts!!! Both judicial investigations indirectly pointed out the fact that the Prosecutor’s office instrumented this penal trial by means of using severe abuse and illegalities, on political demand and there not a single piece of transgressive evidence in the case of Gregorian Bivolaru!
And still, in April of 2012, the Supreme Court of Romania made the incredible decision of invalidating the two exonerations (given by the Court of Sibiu and the Appeal Court of Alba-Iulia) and rejudging this case all over again! As a crowning of cynicism, the reason for the invalidation of the previous exoneration decisions was that in this way, the MISA leader will have the opportunity to defend himself…
Judge Ionuţ Matei, the president of the judge panel, had a clearly biased attitude ever since the beginning of beginning of the trial. He was set on discriminating Gregorian Bivolaru and not respecting his rights. The attitude of the president of the panel was expressed both through endeavors that blocked the exercising of the defense of the culprit, as well as through an excessive behavior that he manifested towards the attorneys who were judicially assisting in the said file.
In an inquisition-like fashion, the process at the High Court of Cassation and Justice concluded on the 14th of June 2013, with the conviction of Gregorian Bivolaru for having sex with a former minor, Mădălina Dumitru.
As we will show in the following paragraphs, the accusations made up in the files against Gregorian Bivolaru and MISA were based on a series of counterfeit nonsense and on some persons, quite few, who accepted to lie and deceive, in hopes of getting rich in exchange. The first court of law and the appeal court that gave a correct solution to the file, have sorted the evidence, selecting the useful and relevant ones, but the High Court of Cassation and Justice judges convicted Gregorian Bivolaru on the basis of the blatant lies of some people who are lacking in credibility and compunction.
To emphasize all this, in the following articles we will analyze the deceitful statements of some of the witnesses who got off scot-free by the Prosecutor’s office even though there were many complaints against them. Hence, we will be able to observe the dirty endeavors through which the complaints against the Mureșan Agness Arabella and Mureșan Isabela sisters and against their mother, Dănuț Doina, were ostensibly “solved”.
There were several complaints formulated against them for blackmail, deceitful testimony, deceitful denunciation, human trafficking and prostitution. We will also analyze the more than strange conditions in which the judicial organs researched and analyzed the penal complaints formulated against Dumitru Ionela Cristina and Stoenescu Luminița, for deceitful testimony on the occasion of their hearing as witnesses in the trial of Gregorian Bivolaru at the High Court of Cassation and Justice.
As we will further describe in detail, all these complaints done in the name of the lowest of liars were rejected by the Prosecutor’s office, with no analysis, with the purpose of avoiding to shake the staging of an unjust conviction.
(to be continued)
Also available in: Română