Posted by: leontiucmarius | July 7, 2012

Marius Leontiuc – Unprecedented religious persecution in Romania

Unprecedented religious persecution in Romania

According to Article 16 of the Constitution (equality rights), (1) All citizens are equal before the law and public authorities, without any privilege or discrimination (2) No one is above the law. (4)Romania’s accession to the EU, EU citizens that meet the organic law have the right to elect and be elected in local governments “and under Article 29 of the Constitution, (1) Freedom of thought, opinion, and freedom religious beliefs can not be restricted in any way. No one shall be compelled to adopt an opinion or to join a religion contrary to his beliefs. (2) Freedom of conscience is guaranteed, it must be manifested in a spirit of tolerance and mutual respect. (3) All religions are free and organized according to their own statutes, under the law. (4) The relationships between cults are forbidden any forms, means, acts or actions of religious enmity “. Article 30 of the Constitution (freedom of expression) provides that, (1) Freedom of expression of thoughts, opinions or beliefs and freedom of any creation, by words, by writing, images, sounds or other means communication in public are inviolable. (2) Any censorship is forbidden … (7) Any defamation of the country and nation, any instigation to a war of aggression, hatred, racial, class or religious incitement to discrimination, territorial separatism or violence public, and obscene, indecent. “

According to Law 489/2006, Art A. – (1) The Romanian State respects and guarantees the fundamental right to freedom of thought, conscience and religion of every person in Romania, under the Constitution and international treaties to which Romania is part. (2) No one shall be prevented or constrained to adopt an opinion or to join a religion contrary to his beliefs, nor can be subjected to any discrimination, prosecuted or put in a position of inferiority to faith or association to a group, religious association or uncult times exercise, as provided by law, religious freedom. Article 2. – (1) Freedom of religion includes the right of everyone to have or adopt a religion, and of a manifest individually or collectively, in public or in private, worship practices and specific rituals, including religious education, and freedom to maintain or change one’s religion. (2) Freedom to manifest one’s religion can not be subject to any restrictions other than those provided by law and are necessary in a democratic society for public safety, protection of public order, health or morals or for the protection rights and fundamental freedoms. Article 3. – (1) Parents or guardians have the exclusive right to choose religious education of minors, their own beliefs.
(2) Religion child reaches the age of 14 can not be changed without its consent, the child has reached the age of 16 years is entitled to choose their own religion. Article 4. – Any person, worship, religious association or religious group in Romania is free to establish and maintain fraternal ecumenical relations with other people, religions or religious groups and inter-Christian organizations and inter-religious, national and international level. Article 5. – (1) Everyone has the right to manifest their religion collectively, their own beliefs and provisions of this law, the legal personality in religious structures and the structures without legal personality. (2) religious structures with legal personality governed of this law are cults and religious associations and unincorporated bodies are religious groups. (3) Religious communities freely choose their association structure that manifest their religious beliefs: religious, religious association or religious group, according to this law. (4) In their work, cults, religious associations and religious groups are required to observe the Constitution and laws of the country and do not affect public safety, order, health and public morals and human rights and fundamental freedoms. (5) The processing of personal data concerning religious beliefs or membership of cults, except for the case of a national census approved by law or where the person concerned has given express consent for this. (6) It is forbidden to compel people to their religion, in any dealings with public authorities or private legal persons. Article 6. – (1) religious group is a form of unincorporated association of individuals, without any preliminary procedure freely adopt, share and practice a religion. … “

In other words, irrespective of religious faith group, cult or religious association, virtually all beliefs are not contrary to morals, equal status of rights, the law by not doing any distinction between them and lex non distinguit UBI, debemus distinguere nec nos. However the Romanian government launched one of the most dangerous persecution unprecedented in its history in times of theoretical democracy. Lutheran Protestant Union, known as the Lutheran Evangelical Protestant Church – Synod Valdeean (first Protestant church in the world, a continuation of Church Valdeene, reconsidered after Luther’s reform) which is recognized religious Finland, Denmark, Netherlands, Norway, Austria, Hungary , Switzerland, Luxembourg, Andorra, Ireland and Sweden and which is mostly national church and the religious group operating in Romania according to art. 1-6 of Law. 489/2006, is persecuted and prohibited by DNA Territorial Service Cluj and Cluj Court of Appeals. Thus the rank of bishop in this church was called by the prosecutor and judge Iuliana Moldovan and procuror  Laura Oprean in case no. 1836/33/2008 law, as lying “on the ground that the Union is Lutheran Protestant religious” even if Law. 489/2006 does not differ from the religious freedom of religious groups. Violating the rules of religious law guaranteeing fundamental rights, prosecutor Laura Oprean practically shaving results Protestant Church in Romania, prohibiting the right to be bishop of the church (the title of clergy). Even if his actions are of particularly serious breach of fundamental rights and violation of oath by a magistrate practical, prosecutor Laura Oprean is a candidate for the chief prosecutor of the DNA. Fund rests with the judge to remove such a serious error exceeds the merits for itself on this principle, the ECHR states that “the requirement of equality of arms, in the sense of balance between the parties, each involving the obligation to provide a reasonable opportunity to the present case, including evidence, in conditions that do not place it in a situation of disadvantage compared to net his opponent. Obligation to ensure compliance in each case to a fair trial national authorities “. (See Case No. 27 of oct.1993 Dombo Beheer BV v. the Netherlands) The same decision is Judge background task to remove any illegal rule. Moreover, the same Court ruled compulsory sharing file pieces, “to the extent that requires a fair and adversarial”. (Judgment of 24 February 1994 Bendenoun v. France). Also, “The right to a fair trial includes the right to have access to all evidence gathered by the prosecutor” (see Edwards v. United Kingdom ECHR judgment of 16 dec.1992). As such, guarantees of a fair trial were not respected, both in terms of law and disp.art. 6 of the European Convention on Human Rights so that it can hold major void because, under art.197 para.2 of the Code of Criminal Procedure, and “by committing a serious error of fact within the meaning of Article 385 ind 9 of a point 18 C Pr Pen means not only distort the evidence in the trial but also the establishment of a situation which is not confirmed by evidence and were not fully managed “(HCCJ (SCJ), Criminal Division Decision 665 of April 27, 1994).

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  1. Out of EU Romania !


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