Effect given to the recommendations of the committee and the Governing Body - Report No 351, November 2008

Effect given to the recommendations of the Committee and the Governing Body

1. 165. The Committee last examined this case at its March 2008 meeting [see 349th Report paras 1222–1245] and made the following recommendations:
   • (a) With regard to Miron Cozma, the Committee requested the Government to lift the ban on his staying in or passing through Bucharest and Petrosani and to ensure his safety in relation to an alleged plot to murder him.
   • (b) With regard to the trade unionists Constantin Cretan, Dorin Lois and Vasile Lupu, who are still in prison, the Committee requested the Government to review their situation and consider their immediate release, and to keep it informed in this regard.
2. 166. The Committee recalls that this case concerns the arrest, imprisonment and other penal sanctions imposed on six trade union leaders, including Miron Cozma, the leader of the League of Miners’ Unions of Jiu Valley (LSMVJ), as well as Constantin Cretan, Dorin Lois and Vasile Lupu, for incitement to subvert the authority of the State in connection with the organization of a miners’ strike and march on Bucharest, during which violent incidents took place. During the last examination of this case, the Committee noted that Miron Cozma had been released on 2 December 2007 but a ban on entering or staying in Bucharest and Petrosani, a large mining town, for a period of 17 years, was not lifted [349th Report, para. 1239].
3. 167. In a communication dated 23 May 2008,the Government indicates that the Ministry of Justice is not competent to lift the ban on staying or passing through Bucharest and Petrosani imposed against Miron Cozma. The only body with competence to lift this security measure is the authority which imposed it in the first place under section 116 of the Penal Code and only if the reasons for imposing it have ceased (section 116 (5) of the Penal Code).
4. 168. With regard to Constantin Cretan, the Government indicates that his prison sentence was interrupted for two months from 14 July to 14 September 2006 for family reasons, in conformity with the decision of the Appeals Court of Craiova. In November 2008, the competent body will discuss the possibility of releasing him on parole in conformity with the Penal Code. His prison sentence expires on 28 November 2010. He has been frequently visited by his family as well as trade union leaders and representatives from France, Germany, Spain, Ukraine and Switzerland. In December 2006, he was visited by a delegation of doctors from France who examined him. He has been granted permission to leave the prison for five days on two occasions as he has participated and shown interest in work and educational activities.
5. 169. With regard to Lois Dorin Mihai, the Government indicates that in December 2008, the competent body will discuss the possibility of releasing him on parole in conformity with the Penal Code. His prison sentence expires on 15 August 2010. He maintains contacts with his family and has been granted permission to leave the prison on two occasions for five and three days respectively, as he has participated and shown interest in work and educational activities.
6. 170. With regard to Vasile Lupu, the Government indicates that in December 2008, the competent body will discuss the possibility of releasing him on parole in conformity with the Penal Code. His prison sentence expires on 27 September 2010. He maintains contacts with his family and has been granted permission to leave the prison on one occasion for three days.
7. 171. The Government adds that it does not have the competence to control the judgements rendered concerning this case, for instance on the issue of the immediate release of the trade unionists, which pertain to the judicial authority. The Government also attaches the decision of the High Court of Cassation of 28 September 2005, which modified the complementary penalty restricting the exercise of certain civil rights by the trade unionists. It appears from the text, that the Court amended the sentence imposed by the Appeals Court in February 2003, so as to maintain only the restriction of the right to elect and be elected in public authority or public elective positions. The Government finally indicates that it is not competent to take measures to ensure the security of Miron Cozma, since the latter has not addressed himself to the authorities.
8. 172. With regard to its previous request for the Government to lift the ban on Miron Cozma’s staying in or passing through Bucharest and Petrosani, the Committee notes that according to the Government, the only body with competence to lift this security measure is the authority which imposed it in the first place and only if the reasons for imposing it have ceased (section 116(5) of the Penal Code). Noting that this ban was imposed in the context of violent incidents which date as far back as 1999, the Committee requests the Government to undertake an assessment of the situation so as to determine whether in its view, the reasons for imposing this ban continue to apply and if this is found to no longer be the case, to request the competent authority to lift this security measure.
9. 173. With regard to its previous request for the Government to take all necessary measures to ensure the safety of Miron Cozma, the Committee notes that according to the Government, Miron Cozma has not addressed himself to the competent authorities to seek protection. Noting that it has not received any further information from the complainant on this issue, the Committee invites the complainant to bring any elements at its disposal to the competent authorities if it believes that Mr. Cozma needs state protection.
10. 174. With regard to Constantin Cretan, Dorin Lois and Vasile Lupu, the Committee notes that the possibility of releasing them on parole will be examined in November and December 2008. The Committee hopes that Constantin Cretan, Dorin Lois and Vasile Lupu will be released without further delay, after a review of their situation.