The decision of the Gendarmerie after the fine applied to the organizer of the march from Colectiv: checks are being made

The Romanian Gendarmerie sent an official statement after Marian Rădună, the organizer of the commemoration march for the victims of the tragedy in the Collective Club, was fined 3,000 lei for exceeding the time of the event.

The gendarme who applied the fine PHOTO Video capture

The institution specifies that it respects and protects the right of citizens to participate in public gatherings, especially commemorative ones. “We constantly carry out training activities of operative colleagues in order to constantly find possibilities to improve the relationship in such situations, the goal being to comply with the law and protect people”, it is shown in the press release.

The Gendarmerie mentions that, from a legal point of view, there are elements that can constitute grounds for contraventional sanctions, because the opening hours provided in the protocol for the public demonstration were not respected. However, the institution recognizes that “the investigating officer did not fully understand the spirit of the law and the particularities of the context – an event commemorating the victims of the Collective Club, with a deep emotional and symbolic character.”

As a result, the General Inspectorate of the Romanian Gendarmerie ordered urgent checks to analyze whether the fine was proportionate, justified and in accordance with both the letter and the spirit of the law.

The Gendarmerie emphasizes that it was and remains with those affected by the Colectiv tragedy: “Over the years, the institution has supported and ensured public order at all commemoration events dedicated to this event. We send our sincere condolences to the families who lost their loved ones and compassion to those who continue to bear the scars of this tragedy.”

The institution guarantees that, following the checks, all necessary legal measures will be taken, “in the spirit of respect for the law, fairness and respect for citizens”.

We reproduce the full statement below:

Considering the situation created at the event held last evening in memory of the victims from Colectiv, the Romanian Gendarmerie has the moral obligation to make the following clarifications:

The Romanian Gendarmerie respects and protects the right of citizens to participate in public gatherings, especially when it comes to commemorative gatherings, as was the case with yesterday's event

In this sense, we constantly carry out training activities for operative colleagues to permanently find ways to improve the relationship in such situations, the goal being to comply with the law and protect people.

From a legal point of view, there are formally the elements that can constitute the basis for the application of a contraventional sanction, since the opening hours provided in the protocol for the public demonstration were not respected.

Indeed, the law must always be applied ad litteram, but there is also the notion of the spirit of the law, which implies understanding the purpose for which the legal norm was established – that of maintaining public order, but also protecting the rights and dignity of citizens.

In this case, it can be appreciated that the investigating officer did not fully understand the spirit of the law and the particularities of the context – an event commemorating the victims of the Colectiv club, with a deep emotional and symbolic character.

Consequently, at the level of the General Inspectorate of the Romanian Gendarmerie, checks were urgently ordered regarding the way of applying the contraventional sanction, to analyze whether the measure was proportionate, justified and in accordance with both the letter and the spirit of the law.

We remind you that the Romanian Gendarmerie was and remains with all those affected by the tragedy in the Colectiv club. On the evening of the tragedy, the gendarmes were present at the scene, offering support to the authorities and the victims. Over the years, the institution has supported and ensured public order at all commemorative events dedicated to this event.

We send our sincere condolences to the families who lost their loved ones and compassion to those who continue to bear the scars of this tragedy.

The Romanian Gendarmerie guarantees that, following the ongoing checks, all necessary legal measures will be ordered, in the spirit of respect for the law, fairness and respect for citizens.