National Anticorruption Directorate (DNA) stated that until last Friday, the civil parties introducing procedure was conducted for a total number of more than 240 people in the case related to the investigation of the firefighters from the Inspectorate for Emergency Situations (ISU) regarding the tragedy at the #Colectiv Club.
Over 140 persons who were either injured persons, civil parties or successors in title of the deceased ones, were heard in the case. All these persons, by drawing up the minutes, were informed about the object of the case, the stage of the investigations, the quality in which they wish to attend to the criminal trial, they were informed about their procedural rights and obligations. For more than 100 persons, either civil parties or not, but having the capacity of injured persons, who for objective reasons couldn’t attend and who were previously summoned, the procedure of communicating the object of the case, the stage of the investigations, and the procedural rights and obligations, was performed through their appointed defenders. Until this moment, the procedure of introducing them as civil parties was performed for more than 240 persons”, shows DNA in an answer sent on Friday at the Agerpres’s request.
DNA recalls that, following the decision February 15, issued by the Bucharest Military Court of Appeal, ordering the return of the case, DNA military prosecutors resumed prosecution on March 7, including remaking the indictment and identifying all the injured persons, victims and their successors in title.
The quoted source mentions that in this case, other 15 persons didn’t attend, although they were summoned twice, on successive dates.
“In the near future, the procedural and process activities will continue with other already summoned persons.
At prosecutors’ request, a forensic finding report and a technical-scientific finding report were drawn up. Their objectives and conclusions cannot be communicated in this moment, according to art.12, par.1, letter e) from the Law 544/2001. In compliance with the Decision no.4 dated February 15, 2016 of the Bucharest Military Court of Appeal, the testimonial evidences from the prosecution stage conducted prior to the return of the case, are to be administrated again too”, mentions the DNA’s answer.
Currently, the investigators are performing judicial communicating procedures related to the object of the case, the stage of the investigations, the process rights and obligations in relation to the persons – victims or civil parties – who are abroad, regardless if they are Romanian or foreign citizens.
“In none of the situations was necessary to request rogatory letters in the states whose citizens were victims or injured persons in the fire from the ‘Colectiv’ club, because the communicating procedure of the object of the case, the stage of the investigations, and the process rights and obligations is conducted in compliance to the provisions of the art.197 par. 1, 2 and 3, art.198 par. 1 and art.200 par.1 from the Law 302/2004, and considering the application of the provisions of the art.52 par. 1 and 2 from the Convention implementing the Schengen Agreement of June 14, 1985 on the gradual abolition of checks at common borders, Schengen, 06/19/1990, namely of the art.5 par. 1 and 3 from the Convention since 2000 adopted by the Council in accordance with Article 34 of the EU Treaty on Mutual Assistance in Criminal Matters between Member States of the European Union “, reads the DNA.
In February 15, the Military Court of Appeal decided to return to DNA the case in which two firefighters from ISU Bucharest are accused that they checked the Colectiv club without taking the legal measures to ensure the compliance with the fire prevention regulations.
Following the Court’s decision, prosecutors have to remake the indictment, since the military judges have found several irregularities related to the introduction of the injured persons and the civilly responsible parties in the case, as well as the breach of the right of defense regarding one of the firefighters, namely Antonina Radu.
Judges have also decided to remove from the file the evidences administered by the prosecutors by breaching the right to a fair trial.
On January 25, the firefighters George Matei and Antonina Radu, as well as the Ministry of the Interior, have raised to the Bucharest Military Court, which is the trial court, several exceptions regarding the legality of the administration of the evidences and on performing the acts of prosecution in the file made by DNA. The exceptions were rejected by the military judges, but they were subsequently approved by the Military Court of Appeal.
George Matei and Antonina Radu, ISU Bucharest inspectors having the rank of captain, were sent to judgement by DNA for abuse of office if the public officer has obtained an undue benefit for himself or for others.