The reaction of the Romanian Gendarmerie, after a platoon officer fined Marian Rădună, the organizer of the march in memory of the victims from Colectiv

The General Inspectorate of the Romanian Gendarmerie announced on Friday morning that checks will be made regarding the application of the contraventional sanction to Marian Rădună, one of the organizers of the march commemorating the tragedy in the Colectiv club, to assess whether it was “proportional, justified and in accordance with both the letter and the spirit of the law”.

• The reaction of the gendarmerie comes after HotNews reported that the organizer of the Colectiv march was fined by the gendarmes for “exceeding the commemoration hour”, when 25 people continued to hold a vigil.
• “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,” says the gendarmerie at the end of its reaction.

The Romanian Gendarmerie sent an official statement on Friday morning stating that it respects and protects the right of citizens to participate in public gatherings, especially commemorative ones, and mentions that it was present to ensure order and the safety of the participants.

“In this sense, we constantly carry out training activities of operative colleagues in order to permanently find opportunities to improve the relationship in such situations, the goal being to respect 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, as the hours of operation provided for in the protocol for the public demonstration were not respected”, the representatives of the Romanian Gendarmerie said.

Although they identified certain violations related to the observance of the hours of the event, according to the protocol for public demonstrations, the institution admits that the platoon leader may not have interpreted the context in which the public event was taking place.

“Indeed, the law must always be applied ad letter, but there is also the notion of the spirit of the law, which requires 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 agent did not fully understand the spirit of the law and the particularities of the context – an event to commemorate the victims of the Colectiv club, with a deep emotional and symbolic character”, informed the Romanian Gendarmerie.

The Romanian Gendarmerie also sent that checks will be made regarding the application of the fine in the amount of 3,000 lei.

“Consequently, at the level of the General Inspectorate of the Romanian Gendarmerie, checks were urgently ordered regarding the method 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 the authorities and the victims. Over the years, the institution has supported and ensured public order at all commemoration events dedicated to this event,” the Gendarmerie also informed.

“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 concluded.

Marian Rădună, fined by the Gendarmerie

Several hundred people participated, Thursday evening, in a march in Bucharest, to mark 10 years since the devastating fire in Clubul Colectiv, as a result of which 65 young people lost their lives. The participants gathered at the University, at 18:00, and then marched, at 19:00, to the site of the former club in Piața Bucur.

Marian Rădună, representative of the MEA Association and one of the organizers of the march commemorating the tragedy in the Colectiv club, was fined Thursday evening, after 11 p.m., by the Romanian Gendarmerie with 3,000 lei for “exceeding the commemoration hour”, when there were still 25 people in the square, standing vigil with candles.

“Yes, the point is that the inspector from the Gendarmerie does not even know the law. There were two protocols, one for the commemoration at the former Club Colectiv, until 11:00 p.m., and one for the march, from the University to the Colectiv, made by me together with the authorities. The moment I arrived at the Colectiv, my event was over,” Rădună told HotNews.

The organizer claims that, according to Law 60/1991 on the organization and conduct of public gatherings, the commemorations are not notified and can take place without a time limit: “Law 60, article 3, says very clearly that the commemorations are not even notified, we can very well stay there all night. Mr. investigating agent did not listen to an explanation in any way. I told them that they were in error, before signing the minutes”, he explained, for HotNews, Marian Rădună.

The organizer of the march in memory of the victims from Colectiv said that he will appeal in court.