E/CN.4/1995/34
page 116
606. Costel Covalciuc, from Dorohoi, was arrested on 29 June 1993 at his home
by two police officers. The following day, after a summary court hearing, he
was sentenced to three months’ imprisonment. On 4 July 1993 his family was
informed that he had died that morning. Several members of the family
reportedly went to the morgue and observed the body with blood-smeared hands
and many bruises on the body, throat and temples. An autopsy was conducted
and Covalciuc’s father was given a form completed by the coroner which stated
that the death had been "non-violent" and that it had been caused by an acute
cardio-vascular insufficiency. The military prosecutor of Ias
¸i who
investigated the death concluded that the victim was not subjected to
ill-treatment in detention and that external lesions could have resulted from
"compression".
607. The Government replied that on 4 July, Costel Covalciuc had complained
of severe chest pains and a doctor from Dorohoi hospital and inmates had
attempted a heart massage. The doctor ordered him transferred to hospital,
but he was pronounced dead on arrival. Because the cause of death was
pronounced non-violent, the Ias
¸i military prosecutor’s office ordered that no
criminal charges were to be brought in the case. However, reviewing the
evidence, the military prosecution section of the General Prosecutor’s Office
on 14 April 1994 ordered a complete investigation and the re-examination of
the forensic report by the Superior Forensic Commission of the Central
Forensic Institute. Further measures would be taken upon receipt of the
results of the re-examination.
608. Viorel Baciu was arrested on 24 October 1988 and subsequently sentenced
to several years’ imprisonment on what were alleged to be false charges
brought because of his father’s activities as a member of the Jehovah’s
Witnesses. Considering that the charges were groundless and essentially
illegal, the General Prosecutor on 8 January filed an extraordinary appeal and
suspended further execution of the prison sentence, but the appeal was
rejected and Viorel Baciu was reimprisoned on 8 February 1993. Following his
arrest he was taken to the police station in Suceava and allegedly subjected
to torture in order to force him to confess to the crimes with which he was
charged. In the course of the torture he was beaten while suspended by the
legs and on the soles of the feet. From 6 to 12 December 1988 he had to be
treated in the Jilava prison hospital, reportedly for coughing and spitting
blood and other injuries sustained during the investigation. In the presence
of the investigating prosecutor, as well as during the trial, he retracted his
confession, which was nevertheless taken into consideration by the Supreme
Court.
609. The Government replied that Viorel Baciu had made a complaint against
a lieutenant colonel and other police officers but that the Ias
¸i military
prosecutor’s office had ordered that no criminal charges be brought.
On 28 April 1994 the military prosecution section of the General Prosecutor’s
Office annulled the decision, finding it illegal and ungrounded, and ordered
that charges be brought and the evidence produced.
The case was pending.
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