Report concerning the case of Dan Bejinaru
Following complaints from detainee Dan Bejinaru’s family, according to which he was beaten by prison's intervention team on September 25th, 2003, the marks of the violence being visible when his mother visited him on the same day, two representatives of APADOR-CH went to Rahova High-Security Penitentiary on October 1st, 2003.
There, the representatives of APADOR-CH talked to both the detainee and the prison management.
According to Dan Bejinaru, on September 25, 2003, he went to court in an uniform borrowed from another prisoner. When he returned to the prison reception desk, the officer on duty, captain Puiu, ordered him to hand in the uniform he was wearing and take another one, which was however in a much poorer condition than his. Dan Bejinaru refused, explaining that the uniform he had worn in court belonged to another inmate. As a consequence, captain Puiu called in the intervention team consisting of two masked guards, who started to hit and kick Bejinaru around, forcing him out of the borrowed uniform. About half an hour later, Dan Bejinaru was asked by captain Puiu to sign a statement admitting that he had refused to obey the officer’s orders. He refused to sign such a statement and as a consequence he was beaten again. Shortly after being sent back to his cell, Bejinaru was called to the visit area, where he met his mother.
The representatives of APADOR-CH were able to see older bruises on the detainee’s chest and left arm.
The next day, Dan Bejinaru asked to be taken to the doctor for treatment. The nurse required the help of Dr. Matei, who wrote down in the medical record the results of the clinical examination (a copy of the record is attached to this document): two bruises of approx. 3/3cm on the chest; a bruise on the left arm and edema at the elbow level, without loss of mobility; a bruise on the right cheek by violent blow (such declared). The detainee was given anti-inflammatory medication and painkillers. The representatives of APADOR-CH also talked to Dr. Matei, who confirmed the recorded diagnosis.
The representatives of APADOR-CH met the management of the penitentiary. The governor explained that detainees do not keep uniforms for the court in their rooms. They get them at the reception when they leave and are under obligation to return them when they get back. As a consequence, the explanation offered by Bejinaru – that his uniform was borrowed from a roommate – cannot be true.
The governor told the representatives of APADOR-CH that, following complaints from the detainee’s mother, she had launched an investigation to find out the circumstances of the incident. The investigation included statements from Captain Puiu (September 30, 2003) and non-commissioned officer Mătrescu Gigel, in charge with uniforms (October 12003). The statements were placed at the disposal of the association's representatives. According to Mătrescu Gigel’s statement, the non-commissioned officer was not present when the detainee was allegedly beaten. Mătrescu confirmed that Dan Bejinaru refused to hand in the uniform when asked to do so by captain Puiu, and declared that from that moment on, the detainee became aggressive, while he himself left the room (he confirmed that the intervention team was on the premises). Captain Puiu declared that after refusing to hand in the uniform, the detainee stripped and refused to put on any other uniform, becoming aggressive, with a tendency to hurt himself. As a consequence, he was compelled to call in the intervention team, who did nothing more than immobilize the detainee, the bruises being the result of his own violent struggle.
As the representatives of the association established, there are enough reasons to believe that detainee Bejinaru was beaten by the penitentiary staff. It is hard to believe that those bruises were self-inflicted. Even if the uniforms for the court have to be handed in at the reception desk, Bejinaru’s refusal to do so does not justify his beating by the intervention team, called in by captain Puiu (in his statement, the officer maintained that the guards just happened to be around).
As a consequence, APADOR-CH deems it necessary that an investigation should find out exactly who is responsible for the aggression and the liability of persons involved.
APADOR-CH asks the Military Prosecutor’s Office in Bucureşti to take into consideration the present report as an official request to start a criminal investigation in Bejinaru’s case.
Diana-Olivia Călinescu Valerian Stan
