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  Nr. 3961 de joi, 21 iunie 2007 
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The third felony
The truth about the 1989 Revolution and the coal miners' attacks in June 1990 was buried once and for all. The Constitutional Court did this yesterday by forbidding military prosecutors to investigate on civilians. Dan Voinea, the man in charge of the respective cases for 17 years, is a general. His cases will be distributed to civil prosecutors. It is piles of documents we are talking about. The search, transportation and hand-in will take at least one year. Some documents and evidence may get lost during the complex transportation process, no doubt about it. It is just like it was with the records of the ex Securitate (Communist Secret Service in Romania), which were transferred from the Romanian Secret Service to the National Council for Research on the Communist Secret Service Archive, but got there after selection and adjustments. And the new investigators will have to read the piles of records. It will take months, if not years, depending on their benevolence and zeal. After the reading, they will certainly feel the need to question some witnesses or to question them again. As far as the two cases are concerned, they involve thousands of witnesses, many of whom passed way. And many of the ones who are alive will invoke forgetfulness. It is really plausible, since it has been 17 years. (By the way, murderers get away with murders after 20 years).
The Constitutional Court invoked a precedent by the ECHR (the Maszni vs. Romania case), dating back to September 2006. The ECHR decided at that time that military prosecutors had no right to investigate on a civilian, because they were not independent, but subordinate in terms of military and politics. It is just that there is a different precedent (the Pantea vs. Romania case), when there was settled that Romanian prosecutors, even if civil, were not politically independent magistrates because of the present structure of Justice. On the other hand, in the case at stake, the criminal cases handled by military prosecutor Dan Voinea get redirected to an independent, civil court to get in charge of them. Therefore the Constitutional Court's fondness of the European spirits smells like other interest.
The decision has come just in the nick of time. Ion Iliescu will get away with it, although he has been in much trouble lately. He has very recently been charged with the murders committed in June 1990. Shortly before he was also charged for the murders committed in December 1989 and General Dan Voinea announced that the indictments would reach the court by autumn. It is no coincidence that many Constitutional Court members are old comrades of Ion Iliescu's: Ninosu, Predescu, Stanoiu and so on. These are top members of the Front for National Salvation that authored the coup d'etat. 7 out of the 9 Constitutional Court judges were appointed by Iliescu himself. And Iliescu is getting away with it. Investigations will actually start again from 0. It is to be assumed that they will take 17 more years or as long as it is biologically needed for Iliescu to escape sentence.
But Iliescu's isn't the main issue at stake. No one can wash the blood off his hands. This blood will be there in history textbooks, no matter the court verdict. The target is not to show Iliescu as clean as whistle. The true target is to muffle the coup d'etat in December 1989, to muffle the existence of an amazingly large group of people trained to get power at any costs. It is probably no coincidence that Petre Roman needed 17 years to remember, which happened a few days ago, that in December 1989 there were 26,000 under cover Soviet agents in Romania. Their mission was to confiscate people's revolt and take over. The bloodshed was horrible diversion meant to hide the coup d'etat. This huge network with ramifications throughout the entire territory, over all fields, in all parties, at all levels, which is undoubtedly still active, must be kept secret so that it can continue to work untroubled.
After the 1989 Revolution and the 1990 coal miners' attacks were confiscated, yesterday's decision of the Constitutional Court is the third great felony committed in the post-Ceausescu era. But it could have been annihilated, had there been political will. Romania's history depends on the trial on the 1989 Revolution, just as it depends on the trial on the coal miners' attacks. Our future depends on the full unmasking of the truth. Can anyone imagine the Nuremberg trial getting stuck in a lawyer's trick?
P.S. Political parties put up with the Constitutional Court's decision without a blink. Some even appreciate it, describing it as an European measure. After 17 years, the network is still functional.
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