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BREAKING „August 10th” Case Sent to Trial by the General Prosecutor’s Office

By Ana Teșcan , in Justitie Stirile zilei , at 8 august 2023 Etichete:

Nearly 5 years after the violent crackdown by law enforcement on protesters demonstrating against the Social Democratic Party (PSD) in Victory Square, Bucharest, on August 10, 2018, prosecutors from the General Prosecutor’s Office have concluded their investigations and have brought charges against the General Director of the Bucharest Riot Police, Laurențiu Cazan, the former General Inspector of the Romanian Riot Police, Sebastian Cucoş, and the former Deputy General Inspector of the Romanian Riot Police, Cătălin Sindile, as well as 13 other riot police officers who were supposed to ensure the proper conduct of the event.

On August 10, 2018, tens of thousands of people, including many Romanians from the diaspora, protested in Victory Square, Bucharest, demanding the resignation of the Dăncilă Government.

The protesters expressed their dissatisfaction with what they termed „the repeated assault on the judiciary system by the PSD”, party led at the time by Liviu Dragnea.

Unimaginable violence erupted between the protesters and the riot police. The demonstration escalated as violent groups infiltrated among the peaceful crowd. The riot policemen intervened using tear gas and water cannons to disperse the area. The internet was later flooded with images showing riot police striking even peaceful protesters who had their hands raised.

„August 10th” Case Sent to Trial 5 Years Later

The prosecutors accuse the three Riot Police chiefs at that time of illegally ordering the riot police personnel under their command to use force against approximately 30,000 individuals who were still present in Victory Square around 11 PM. This action resulted in the violation of the right to assembly and the physical and psychological integrity of the individuals. As a consequence of this intervention, 433 people required medical attention.

„From the investigations carried out, it has been determined that the use of force by the Riot Police was in violation of the principles of necessity, proportionality, and gradualness, principles enshrined in legal regulations and reflected in the jurisprudence of the European Court of Human Rights. It was found that the riot police acted not only against those who were manifesting violently, with the purpose of isolating and applying legal measures, but also against peaceful protesters, who constituted the majority of the demonstrators”, states the General Prosecutor’s Office.

Specifically, the investigators describe that the riot policemen used 63 sound grenades, 489 tear gas grenades, 316 rounds of ammunition of caliber 38 mm and 40 mm, also with tear gas effect, eight high-capacity sprayers, and 168 hand-held sprayers.

Simultaneously, the prosecutors accuse Laurențiu Cazan of lying in a preliminary action report drafted on August 11, 2018, claiming that the intervention had been approved by the Capital’s prefect at that time, Speranța Cliseru.

The other indicted policemen are accused of unjustifiably using physical force against protesters, causing them physical suffering and/or bodily injuries that required medical care ranging from 1 to 50 days for recovery.

In 2020, DIICOT (Directorate for Investigating Organized Crime and Terrorism) closed the case opened against former leaders of the Riot Police regarding the events of August 10th. However, in the midst of a massive wave of outrage, Giorgiana Hosu, the former head of this institution, reconsidered the decision and requested the case to be reopened.

An Investigation that Raised Huge Question Marks

Briefly, the investigation into the August 10th, 2018, violence went through the following stages:

Opened at the Bucharest Military Prosecutor’s Office -> transferred to the General Prosecutor’s Office -> transferred to DIICOT (Directorate for Investigating Organized Crime and Terrorism) -> closed at DIICOT -> confirmed as closed by the Tribunal -> reopened at the Bucharest Court of Appeals -> returned to the General Prosecutor’s Office.

Even the leadership of DIICOT acknowledged, when requesting the resumption of the investigations, that the probe had been carried out with serious issues: since taking over the case from military prosecutors, DIICOT had interviewed four witnesses, not re-questioned any suspects, and did not make significant efforts to gather evidence.

Subsequently, the case was shuttled between the Bucharest Court of Appeals and the Bucharest Tribunal, ultimately remaining at the tribunal.

The court rejected the request for reopening in March 2021. Subsequently, a protester independently managed to have the investigation resumed. Upon their request, the Bucharest Court of Appeals ordered the reopening of the case.

Foto: Inquam Photos / Alberto Grosescu

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