E/CN.4/2000/9/Add.3
page 6
16.
Miron Constantin, held in Jilava penitentiary, outside Bucharest, at the time of the visit,
was arrested on 29 September 1995 by the Bucharest police, allegedly without charge. He was
initially held in the Bucharest Police Headquarters, where he claims to have been subjected to
beatings with wooden sticks by four police officers. The officers were demanding that he
confess to a murder, which he refused to do. He claims to have suffered a broken collarbone,
three broken ribs, a broken nose and a broken finger on his right hand as a result of the beatings.
After going on hunger strike to protest the beatings, he finally confessed to the murder when the
officers allegedly threatened to harm his daughter. Despite the fact that he subsequently
retracted the confession in court, he was found guilty of murder on 18 February 1999. He had
filed a complaint with the non-governmental organization SIRDO, but to his knowledge no
investigation was ever made into his allegation of abuse by the police officers.
17.
Danut Iordache, also held in Jilava at the time of the visit, was reportedly arrested at his
home in Bucharest on 3 February 1997 towards 6 a.m. He was allegedly taken by the police to
the Section 14 police station and then released on 5 February. He was admitted the same day to
the emergency service of the hospital for a broken jaw and bruising on the chest caused by
beatings allegedly administered by police officers. This case is reflected in the Special
Rapporteur’s report to the Commission on Human Rights at its fifty-fifty session
(E/CN.4/1999/61, para. 604). During the interview, he informed the Special Rapporteur that he
was due to be sentenced on 27 April 1999, although he hoped to be released since there was no
evidence against him and the “gang” responsible for the crime had stated that he was not
involved in the thefts. He had lodged a complaint with the Military Prosecutor against the police
officer; this was confirmed by the Government.
18.
Gabriel Marian Badila, held in Craiova penitentiary at the time of the visit, was arrested
on 6 March 1996 in the village of Lililieste in Prahova county on charges of murder and arson.
He was initially taken to the police station in Breaza where he was held in the police lock-up for
24 hours. He claims to have been chained to a wall and subjected to kicks and beatings with a
baton for several hours to force him to confess to the crime. He also alleges that he was beaten
in the presence of the prosecutor when he retracted the confession and that the prosecutor herself
slapped him twice when he requested a medical examination. He further claims that he
requested and was denied access to an attorney during this interrogation. He ultimately
confessed to the crime of arson when his family was threatened, but then denied the confession
when he appeared before the court. He claims that there is no evidence against him beyond the
confession and a necklace of the victim, which he claims had been given to him as a gift. At no
point was he given a medical examination, with the exception of a psychiatric examination when
he was transferred to Jilava penitentiary. He was subsequently found guilty of the crime of arson
and is now awaiting the appeal. Although he has no lawyer, he has sent three applications to the
Military Prosecutor complaining of the police abuse, but has received no response. He has now
contacted SIRDO for assistance.
19.
Constantin Marian, held in Craiova penitentiary at the time of the visit, was reportedly
arrested in 1998 and detained at the Tirgu Jiu police station, where two investigating officers
allegedly threatened that a distinctive mark would be put on his file in order for the judge to
issue the suspect the longest sentence possible. He was nevertheless not ill-treated. He did
inform the Special Rapporteur, however, that the conditions of detention in Tirgu Jiu are very