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Revolution file reopened
Investigations in the Revolution file must resume because the initial investigation was “superficial”, without analysing existing evidence and the penal investigation in 2004 interrupted prescription for all participants, according to the motivation of the High Court of Justice (ICCJ).
The magistrate notes that prosecutors who classified the investigation did it without having reached any of the objectives established at the beginning of investigations.
“None of them was reached, the state of facts and the present and previous circumstances of December 1989 events were not established. The preliminary chamber judge established that penal investigation bodies resumed to presenting the situation of victims, mentioned medical documents proving their wounds or deaths, statements of persons involved and of witnesses, without analysing evidence and mentioning the people involved in those events”, the motivation for the reopening of the case shows.
The reopening of the Revolution investigation is necessary to learn the truth, the judge considers.
The motivation points out that prescription does not remove penal responsibility in case of crimes against peace and humanity and “the omission and negligence of penal investigation bodies cannot exonerate guilty persons from punishment.”
According to the judge, effects of the interruption of prescription refer to facts not persons. Therefore all persons who participated can be made responsible.
The High Court of Justice decided on June 17 on the confirmation for the reopening of penal investigations in the Revolution file following the request made by Bogdan Licu, the former first deputy prosecutor of the General Prosecution.
Once the June 17 session was motivated, prosecutors from the General Prosecution - Military Section can resume investigations and can decide on new hearings in the case.