The History of a Famous Case: Gregorian Bivolaru – Misa
All Is Old and All Is New
The following story is a succinct review of the vast majority of methods used against Gregorian Bivolaru over the course of time for the annihilation of him personally and his life’s work. The modus operandi of the communist Securitate and that of the current secret services, practically shows that no essential transformation has appeared, only the name is different. People then are the same as people now, so their methods are the same.
International institutions demand the transformation of the Romanian judicial system, but this will not occur until the entire system is changed and people’s mentality is deeply transformed. It is no wonder that in today’s Romania, (which aspires to become a member of the Schengen Area and to be taken seriously at the bargaining table), important things like justice are exactly the same as 22 years ago. Within the levers of the Romanian society, almost nothing seems to have changed for the better but on the contrary, some segments seem to have abruptly collapsed towards a totalitarian and fascist state.
It is absolutely incredible that in the year 2012, there is a citizen of a member state of the European Union who was granted political asylum in another member state. This case gives a hard time even to the European authorities. They all pretend it does not exist in order not to ruin the European dream, which is anyway beginning to become a nightmare. The story seems rather to be taken from a movie script, but unfortunately it is a Romanian reality of the 21st century which reflects and synthesizes the bizarre situation that is becoming almost generalized in Romania. Due to this fact, the Gregorian Bivolaru case has become an almost unique case worldwide and to this unfortunate fame the corruption and arbitrariness that rule in Bucharest have fully contributed.
The Romanian media shouts on almost all channels against MISA yoga school and its mentor, Gregorian Bivolaru, but is always careful to avoid or minimize to the nth degree this “detail” of political asylum. However, this is not the only “detail” that the free Romanian press (in theory), which is totally financially enslaved (in reality), utterly ignores. Below, there is an excellent article taken from yogaesoteric.net about the case in the Romanian justice system that awaits its final decision on 29st March 2012 and in which Gregorian Bivolaru is accused of having had sexual relations with a minor. It contains amazing information that could be a gold mine for any honest journalist, but which of course do not appear in any publication in Romania. The Romanian journalist has reached the point of being more interested in licking the hand that pays him instead of saying the truth or doing what the fourth power in the state is required to do which is to be a force and not an accessory
In my opinion, the case itself is an aberration of the Romanian justice, a huge blunder that is only surpassed in size by the stupidity of those that intentionally staged it. First of all, the alleged victim of this file was heard at the Supreme Court of Sweden and there I bore witness to a page from the great book of Romania’s humiliation by its own leaders. When the Swedish prosecutors (which represented Romania before the Swedish Supreme Court) remained speechless before the declarations of the alleged victim and concluded that they do not understand what Gregorian Bivolaru was doing in their arrest, immediately ordering his release, Romania’s image was slurred in a way that was almost unprecedented. And this is because a bunch of irresponsible people in Bucharest decided that it is more important to carry out some aberrant plan of compromising the MISA mentor without caring about the consequences this action had on their own country. After hearing other witnesses, Swedish judges decided to grant Gregorian Bivolaru the status of political refugee in the same file that is still on trial today in Bucharest. The very fact that this file still exists shows that the Swedish judges were right and that in Bucharest the notion of justice is still inscribed in the notion of “one’s own liking” for the occult forces (and here I refer first of all to the Masonic lodge).
And, in a Kafkian continuation of the story, the Romanian court declared Gregorian Bivolaru innocent and then rejected the prosecutors’ appeals based on lack of significant evidence. But the file was then pushed upward to the High Court of Cassation and Justice and there… even greater illegalities began to appear. It is clear that now one wishes to obtain a conviction that would wash off the shame with the retrograde scent coming from those people who are respdaonsible in Bucharest. But at what cost? It seems that some people are more interested in their own person and the brotherhood of which they are a part than in what is happening to their country…with respect to which they are foreign anyhow.
We Have The Proof! In The MISA-Gregorian Bivolaru Case, Political Policing Has Continued Even After 1990!
Will heads roll down at the Prosecutors’ Office? The Prosecutors of Ceauşescu’s Securitate, hand in hand with SRI (Romanian Information Service), have kicked another PICIORUŞ (Romanian for “foot”) right in the face of Romanian Justice
By Mihai Vasilescu
The Gregorian Bivolaru case means 40 years of serious abuses by the Romanian state. 40 years, among which 19 were during the communist dictatorship, plus another 21 years in a political regime that pretended to be “free” and “democratic”. 40 years in which, regardless of the political regime, a man has endured pretty much everything that the authorities have thrown at him from the point of view of persecutions and abuses, from the so-called “common” judicial persecutions or administrative sanctions, to tortures of unimaginable cruelty in the dungeons of the Securitate. The range of methods applied to Gregorian Bivolaru includes calumny, intimidation, arrest and Stalinist-style searches, media propaganda leading to demonization and media lynching, death threats and attempts on his life, interminable interrogations, beatings and imprisonment on political grounds.
Gregorian Bivolaru managed to resist in an altogether miraculous way (which is incredible for his tormentors) these tens of years of abuse and torture. By using yogic techniques, he survived even the method of extermination through irradiation applied by the Securitate to the most dangerous adversaries of the regime, a method which is known by the coded name “RADU”. In 1984, he was unjustly condemned and imprisoned in inhumane conditions, with 6-7 kg chains on his feet, in cells with broken windows and water on the floor, in winter time. Even under this heavy detention, he managed to stay alive. A few years after being released, he was again arrested, tortured and then forcibly committed to a psychiatric hospital. In spite of the criminal actions of the Securitate agents in Ceauşescu’s regime, he did not quit practicing and even teaching YOGA techniques even for a moment. His survival in the infernal circumstances to which he was subjected was often possible precisely because of the help of yogic practices that were of an immense help also to his fellow inmates that took his advice. Recently, persecutions of the Securitate and communist authorities were to a certain extent recognized through the irrevocable decision of the Bucharest Court of Appeal in the file no. 48765/2/2010 which ascertained the political character of the convictions suffered by Gregorian Bivolaru before the Romanian Revolution, in the years 1977 and 1984, and the political character of his internment in the Psychiatric Hospital Poiana-Mare in 1989.
The Romanian media, in its totality, through a mafia-type pact, simply refused to broadcast the news about the sentence that confirmed the political character of the convictions that Gregorian Bivolaru was subjected to before the Romanian Revolution. The occult agreement of withholding from the public the truth about the political convictions suffered by the MISA mentor shows us the true face of the media, mostly owned by ex-Securitate agents or by moguls of Freemasonry, appeared from the same order of communist leaders.
What the abovementioned sentence does not say is that actually the methods of political police, persecution, and the informative surveillance of Gregorian Bivolaru and his students on political grounds never ceased even for a moment in the past 40 years and it continues to the present day. Just a few months after the so-called revolution of 1989 (and the founding of MISA), the ex-investigators had already begun the threats of arrest and with proscribing MISA. Then, Gregorian Bivolaru was again called to different police headquarters in order to give all sorts of statements, many of these having the purpose of aberrantly accusing, meaning to harass him.
As a concrete proof of the continuation of surveillance by the secret services, until now there were only the statements of high officials of the Romanian state, such as that of the then Minister of Internal Affairs, Ioan Rus (from the Adrian Năstase government). In 2004, he confirmed the fact that MISA yogis and Gregorian Bivolaru have been continuously monitored and surveyed by the secret services since at least 1995. But now we have clear proof of this abusive surveillance on political grounds. Just a few days before the final verdict in the trial in which Gregorian Bivolaru was already declared innocent by two courts of law, the prosecutors who were guilty of serious abuses in the MISA case desperately pulled some so-called “evidence” “out of the box”. However, instead of attesting to the guilt of the MISA mentor, this provides the clear judicial proof of the continuity of methods of political policing and of abuses that yogis have been denouncing for so many years, and of the perpetuation even nowadays of some elements of Ceauşescu’s Securitate, in higher and higher functions of the Prosecutors’ Office, SRI (the Romanian secret service) or other institutions.
The “proof” that the prosecutors put on file in the last moments in order to prevent the defence attorneys from studying and possibly contesting them, are two warrants issued by the Prosecutors’ Office, by which it is alleged that phone conversations were intercepted in the Gregorian Bivolaru case. Although these warrants were solicited right from the beginning of the trial, for years and years, both by the defence attorneys and by the judges, the prosecutors stubbornly refused to put them on file because of the hallucinating motivation that they would be “secrets of the state”!!! Just a few days before the final hearing, a wonder occurred: suddenly, the warrants were no longer secrets of the state and were put on file by the Prosecutors’ Office and the SRI, through a manoeuvre worthy of a Third World state, which has nothing to do with lawfulness or justice in a state member of the European Union.
The warrants issued by the Prosecutors’ Office are illegal for several reasons, including the following:
The interception was made before the beginning of the criminal prosecution. Consequently, the warrants belong to the category of preliminary acts, and cannot constitute evidence.
The content of the search warrants (“National Security”) is incompatible with the misdemeanour for which Gregorian Bivolaru was sent to trial.
The reason invoked by the warrants (“National Security” is illegal since they were issued after the Prosecutors’ Office had previously ruled, twice, the not-commencing of penal prosecution in the frame of investigations concerning misdemeanours regarding national security.
The judges noted that it is not possible to establish which were the intercepted phone stations, as the prosecutors made a lot of “material errors” in the transcriptions of the phone conversations, these errors referred either to the identity of the intercepted person, or to the tapped phone station.
The Romanian Information Service (SRI), in its informative role, can only transmit the gathered information to the institutions of criminal prosecution for their use as clues and not as evidence.
Law 14/1992 expressly forbids that the institutions of the Romanian Information Service commit acts of criminal prosecution, including the gathering of evidence as the main activity of criminal investigation.
Law no 51/1991, through articles 16 and 21 expressly forbids that the act of obtaining information required for national security, and obviously its use, infringes upon private life, honour or reputation of citizens, incriminating (including in a criminal trial that is characterized by publicity) as a felony the fact of making public such information known incidentally in the frame of activity of gathering data required for national security.
The image below is one of the warrants through which the secret services (SRI and others) were authorized to intercept the communications of a phone line and to also be able to enter at any time, secretively or with the help of agents infiltrated among yogis, in spaces throughout the entire country where activities of the MISA Yoga School took place, in houses and accommodation places of yogis “with the purpose of installing technical means of interception communications, maintaining or removing them, as well as for the removal and re-instalment of an object or of documents, their examination, the extraction of information they contain, recording, copying or obtaining extracts through any means.” In other words, these warrants allow, under a completely fantastic pretext (that MISA would carry out “manifestations with an extremist character” that infringe on national security!), the unhindered access of Securitate agents in the houses of yogis, as well as to their phone calls, thus violating many rights and liberties provided by the European Chart of Human Rights, by other international treatises, and also by the Romanian Constitution: individual freedom and safety of the person (Art. 23), intimate, family and private life (art. 26), inviolability of the residence (art. 27), secret of correspondence and phone conversations (art. 28).
Here is the transcript of this document:
DECLASSIFIED (after filling in)
Date: 13th February 2012
Number of copies: 3
The Prosecuters’ Office by the Supreme Court of Justice
Mandate no. 002061 from 11.13.2002
Piciorus Ilie, prosecutor especially designated by the General Prosecutor, on the grounds of the 13th article related to the 3rd article let. “f”, “h”, and “l” of the Law no. 51/1991 and of the 10th article from the Law no. 14/1992, at the request of the Romanian Information Service, no. 001.051.905 from 11.13.2002
– the interception of communications of the named BIVOLARU GREGORIAN, mobile station no. 0723……. registered on the name……
– access to the locations in Bucharest and other localities where the extremist manifestations of the MISA members organized by the person in question take place, for the purpose of installing technical means of interception communications, maintaining and removing them, as well as for removing and re-positioning a certain object or document, its examination, extraction of information that these devices contain, and the recording, copying or obtaining of extracts through any means.
The mentioned activities concern BIVOLARU GREGORIAN, son of Constantin and Floarea, born on 03.13.1952 in Tărtăşeşti, Dâmboviţa, domiciled in Bucharest, str….. nr… bl… ap….
The activities for which the mandate is issue will be carried out by UM 0127, UM… and UM 0894 with the support of the mobile phone operator.
The activities will take place in Bucharest and in the location where the person in question will travel.
The mandate is emitted on a 3 month period starting with 11.15.2002, h. 15.00, until 08.15.2003, h. 15.00
The labelling – in the warrant of intercepting – of the MISA Yoga School as being an “extremist” movement (just because it promotes ideas that are different from those of the SRI), without subjecting this labelling to any judicial control and without giving a chance to the presumption of innocence, is in and of itself a totally abusive and discriminating measure. It proves the continuity of political persecution of yogis also in the current political regime, and the perpetuation of the repressive practice of the Ceauşescu regime, which in the year 1982 forbade yoga in Romania on political grounds, a unique case in the history of this planet.
Further proof of the continuity of Securitate-type persecution against MISA is the presence in this abusive act of the name of the prosecutor Ilie Picioruş , the one who authorized the warrant. The history of this individual is extremely related to the abuses against Gregorian Bivolaru and MISA yogis.
ILIE PICIORUŞ has been a prosecutor since Ceauşescu’s time. He is the one who in the year 1985 investigated a great dissident, engineer Gheorghe Ursu, who was murdered by the horrific torture he endured in the dungeons of the 6th Division of Securitate from Rahova Street. Although the dissident was deceased for almost a week following the beatings that dislocated his internal organs, Ilie Picioruş tried to cover-up the assassination by drawing up, as if nothing had happened, papers for sending him to trial for the alleged possession of foreign currency (10 dollars!). Just a year before that, in the year 1984, Gregorian Bivolaru had passed through the same dungeons from Rahova Street, where he suffered similar treatments (interminable investigations, terrible torture, death threats) from the Securitate agents led by the colonel of the division Gh. Vasile. On 17th April 1984, Gregorian Bivolaru was arrested after being “caught red-handed” while … teaching yoga to a group of 16 students in a house from the Cotroceni district, after this practice had been completely forbidden by Ceauşescu’s regime.
Before 1990, the same prosecutor, Ilie Picioruş, also investigated and removed from the service a few military officers because they were against the communist regime.
As quoted by the newspaper Romania Liberă, ex-prosecutor Alexandru Pantea, revealed four years ago that, until the beginning of the 90’s, no prosecutor could reach a high position unless especially trained in the Securitate School from Bran. There, the young prosecutors were taught to fabricate evidence, blackmail, take into custody, investigate, and to allow the torture and extermination of opponents of the communist regime. Methods preferred by the Securitate and taught in the Bran school were “Radu” (irradiation), “Little birds” (commitment to the insane hospital and use of drugs) and “Stănică” – a torture model practiced by the tormentor with the same name.
Lessons were taught by generals from the Securitate and Militia, and by prosecutors from the General Prosecutors’ Office from Romania. Pantea claims that, after 1989, the leading positions of the Prosecutors’ Offices were occupied also by graduates of the Bran School. Until now, no concrete proof has emerged about the fact that many magistrates were instructed in Securitate schools to kill, arrest and torture. The preparation from Bran was so well concealed that the members of the same preparation group did not know each other and were forbidden to become friends. The main torture methods that were taught were those practiced by famous tormenter, Colonel Tudor Stănică, known until now only for having led the investigation in the case of dissident Gheorghe Ursu, who was beaten to death in the aforementioned preventative arrest. The prosecutors used by Stănică in the “Ursu” file were Alexandru Ţuculeanu and ILIE PICIORUŞ.
After 1989, prosecutors Picioruş and Ţuculeanu were part of the leading structures of the General Prosecutors’ Office and even of the structures of the Superior Council of Magistracy (CSM), the supreme institution that surveys, apparently, the correct implementation of Justice in Romania. And they were not the only ones to be promoted after 1989, but they were together with all the prosecutors instructed in the Securitate and PCR (Romanian Communist Party) schools, Pantea also revealed.
“In Bran we did absolutely everything. They taught us how to use photo devices, to install listening devices in phones, radios or television sets. We entered houses of people with a search warrant issued by the prosecutor, and we were instructed to release warrants upon demands of the Securitate, even without evidence or with framed evidence. We also entered residences under the pretext of checking phones, radios or TV sets. We were instructed on how special investigations are carried out, by using blackmail, hallucinogenic substances or torture,” declared Panted for România Liberă.
After 1990, ILIE PICIORUŞ managed to access higher and higher positions in the Prosecutors’ Office, until he reached deputy-Chief in the Prosecutors’ Office by the High Court of Cassation and Justice in the period in which he signed the so-called interception warrants in the MISA-Gregorian Bivolaru case, on the grounds that national security is in danger. ILIE PICIORUŞ was also the chief of the prosecutor Cristian Panait when he committed “suicide” in 2002. The violent death occurred shortly after Panait was to set the resolution of “not commencing criminal prosecution”. The media then claimed that prosecutor ILIE PICIORUŞ confiscated documents from Cristian Panait’s house without the adequate protocols.
From the Prosecutors’ Office by the High Court of Cassation and Justice, after issuing the last interception warrant in the MISA case, ILIE PICIORUŞ was promoted in CSM as General Secretary. Through the presence and public positions held by prosecutors Picioruş and Ţuculeanu în CSM during the years 2005-2006, it is explained why all the complaints of yogis to this leading institution of magistracy did not have any effect, although the Minister of Justice from that time, Monica Macovei and also Judge Dan Lupaşcu asked that CNSAS (the National Commission for Studying the Securitate Archives) investigate whether Ilie Picioruş practiced political policing or not. Things were then left unfinished. Instead, CSM organized a form of “investigating” of prosecutor Ilie Picioruş, who then detained, in a clear conflict of interests, the function of the General Secretary of CSM. From this position, Picioruş controlled the entire technical apparatus of the institution. The mafia-like solidarity of the ex-prosecutors of Securitate functioned fully and, therefore, he was cleared of the accusations, with CSM establishing that he “is not guilty in any way” of the death of prosecutor Cristian Panait, whose superior he was, nor of dissident Gheorghe Ursu.
It is also a strange coincidence that Ilie Picioruş’s wife works at the National Institute of Legal Medicine “Mina Minovici” where in the year 2004 Mădălina Dumitru, the alleged victim, was forcefully taken by the authorities in order to fabricate evidence against Gregorian Bivolaru.
We reiterate here the fact that in the year 2006, during the time when Ilie Picioruş held the function of General Secretary at CSM, this institution issued an official report in which it was claimed that:
The yogis framed themselves using the images of the violent searches on 18thMarch 2004, they filmed themselves and gave the recordings to the TV stations.
This ludicrous statement was made in an official act of the supreme institution of magistrates, although an entire country had seen on all TV channels the raids of the “law enforcement teams”, taking the occupants by surprise, with unparalleled brutality, and also the way in which all the people that were found in the respective houses were held at gun point and all personal goods, such as electronic devices, mobile phones, money, papers, jewels, computers, etc were “confiscated”. Even people who had stopped in the street to watch or to make a phone call were immediately detained, investigated and some taken to the precinct, even though they were on public ground, had not committed any sort of crime and did not constitute the object of any investigation.
The yogi who was beaten by gendarmes until he became comatose after the protest organized at the National Institute of Legal Medicine was actually beaten by his colleagues.
In fact, the very footage filmed on the spot contradicts this aberration! In the filming made on the spot one can see how several citizens, men and women on the street, recount with revolt how several gendarmes ran after that young man who was just leaving the meeting, and when they caught up with him they beat him savagely.
The prosecutors behaved correctly in this case and there was no leaking of information from the Prosecutors’ Office.
From the so-called “analysis” of the CSM inspectors, it would have resulted that the evidence in this file was held in conditions of maximum security in the Prosecutors’ Office and that the media had access to none of it. This conclusion tries to fool the public, although the opposite reality is quite obvious. If the prosecutors had behaved in such a professional manner, then from where came all those images of searches (including the subsequent ones), the quotes from “trusted judicial sources”, personal pictures, images from yogis’ houses, inventories with found objects and quotes from personal letters of yogis, all of which overflowed in the media on those days? To all these, naturally, the journalists could not have had access without the help of prosecutors.
In the MISA file and in the Gregorian Bivolaru case there was no political interference in the investigations.
This is the cherry on top of the cake, through which CSM inspectors state that Ilie Botoş’s (who was the chief prosecutor at that time, himself involved in many unclean actions) prosecutors acted perfectly independently and only in accordance with the law. However, facts fully contradict them, the media being also the one that revealed that actually the PSD (Social-Democratic Party) and Adrian Năstase, the then Prime Minister, were the ones who orchestrated this scandal from behind-the-scenes. In this respect, Ioan Rus (Minister of Internal Affairs and therefore the chief of Police at that time), declared to the media in 2004 that Gregorian Bivolaru must be arrested for his deeds, although the Police do not have the right to establish someone’s guilt (only judges can do so) and they must always presume innocence. At the same time, in the famous stenographs of the PSD we could all read that Adrian Năstase, then in preparation for the electoral campaign, demanded the Ministers of Internal Affairs and Justice of PSD from that period give the people “panem et circenses” (bread and circus) through this case. Also then we were stupefied to find out from the same Minister of Internal Affairs that SRI had been monitoring MISA for 10 years. After 10 years of illegal interceptions, in 2004 the “greatest action of the Romanian Police since 1990” was triggered against MISA, and although it implied hundreds of prosecutors, gendarmes, policemen and SRI officers, who used important public funds, it did not immediately produce any evidence, any arrested persons and any indictment, but only a great armed robbery in which almost 100 yogis were forcefully plundered, seized, brutalized, intimidated and interrogated under the pretext that they would be witnesses, in order for one to obtain their testimonies against Gregorian Bivolaru.
Through unlimited surveillance, aberrantly justified by alleged extremist actions (although MISA was never accused – not even in the fiercest media campaigns – of any extremist or violent action, or an action that would infringe national security), and which did not target only Gregorian Bivolaru but most probably dozens or perhaps hundreds of yogis, there is no proof of any crimes being committed by any of these persons, but rather only new and serious violations of the law, committed by the investigators and the authorities. It now becomes obvious why the prosecutors did not provide the courts of law with the interception warrants when they were solicited: because they are in and of themselves so revealing and … whopping that they make a great disservice to Gregorian Bivolaru’s accusers because no serious instance can offer them credibility in this situation. These documents, considered until yesterday “secrets of state”, were declassified before the final hearing in the trial that is being judged in the High Court of Cassation and Justice and we consider that they were desperately thrown into the game in the last moment, counting on the fact that they would put extra pressure on the judges, thus revealing the occult forces and interests that are behind them.
The abuses and illegalities perpetrated by the judges in Gregorian Bivolaru's case were reported to the Superior Council of the Magistracy (CSM). During the trial, several disciplinary complaints were filed at the Judiciary Inspection against the members of the judge...