BREAKING: Elie Wiesel terrorist institute sued in Romania

[yankeedoodle]

BREAKING: The Elie Wiesel terrorist institute was sued by Christian Jews from the Nicolae Steinhardt association
https://www.incorectpolitic.com/breaking-institutul-terorist-elie-wiesel-a-fost-dat-in-judecata-de-iudeii-crestini-de-la-asociatia-nicolae-steinhardt/

[MECHANICALLY TRANSLATED FROM ROMANIAN]

So far, no one has dared to sue the "Elie Wiesel" National Institute for the Study of the Holocaust in Romania, for the multiple slips it has allowed.

Out of carelessness, out of indolence, out of ignorance or, most often, out of FEAR. Instead, the Institute, through its director, Alexandru Florian, did it to the full and with impudence. He instituted a real terror in Romanian society through the cultural espionage he indulged in, through the incrimination of great historical personalities and Romanian citizens on grounds of anti-Semitism, through harassment and political police actions, through activities that exceed the scope of activity of an Institute established strictly for the research of a historical phenomenon, activities that  overlap with the attributions of judicial research bodies and intelligence services .

It was time someone fought back. The signal was given, to our shame, not by an ethnic Romanian, but by a Jew, Lucian Ionescu. He, worried about the aberrant actions of the Wiesel Institute, which only generate the hostility of Romanians towards Jews and, ultimately, anti-Semitism, constituted, in 2021,  the Community of Christian Jews from Romania, "Nicolae Steinhardt" . Unfortunately, shortly after this initiative, Lucian Ionescu fell ill with covid and died, and the association was dissolved before the official registration.

It was about time - and time - for others to take a stand. It is now being done by a group of Romanian citizens, who considered that  the National Institute for the Study of the Holocaust in Romania "Elie Wiesel"  should be sued. For this, they sent to the Prime Minister of Romania (the Government being the tutelary forum of the Institute), a petition with the value of a preliminary complaint in the perspective of a trial. We are publishing much of this petition. The registration number of the complaint is  17/29074/  from  25.10.2022

[...]  PETITION

through which we wish to bring to your attention aspects of unconstitutionality and illegality of the establishment GD, as well as exceeding the legal powers and powers of the National Institute for the Study of the Holocaust in Romania "Elie Wiesel"
The National Institute for the Study of the Holocaust in Romania "Elie Wiesel" was established based on Government Decision no. 902/04.08.2005. This Government Decision was amended and supplemented by the provisions of GD no. 866/23.08.2012, of HG no. 1066/26.11.2014 and of HG 625/31.08.2016.

In support of our approach, we bring back to your attention the legal framework that should coordinate the attributions and activity of the Romanian Government:

- The Constitution of Romania provides, in Art. 108, that "(1) The Government adopts decisions and ordinances" and "(2)  Decisions are issued to organize the execution of laws ".

- Law no. 90 of March 26, 2001 regarding the organization and functioning of the Government of Romania and the ministries provides, in Art. 11: "In carrying out its duties, the Government fulfills the following special duties: (...) c)  issues Decisions for the organization of the execution of laws ".

GD no. 902/04.08.2005 regarding the establishment of INSHR "EW invokes the "legal" basis of the issuance as Art. 108 of the Constitution of Romania, republished ("Decisions are issued for the organization and execution of laws"), and art. 5, point 16 of GD no. 78/2005 "regarding the organization and operation of the Ministry of Culture and Religions, with subsequent amendments". In the present case, we appreciate that the Government of Romania has illegally and unconstitutionally issued a Decision "to organize the execution of a Government Decision", and by no means " for organizing the execution of a law", as provided by Art. 108 (2) of the Constitution. However, no Government Decision, issued by the Government, takes the place of the Law, issued by the Romanian Parliament and promulgated by the President of Romania. Art. 5, point 16, of HG No. 78/January 27, 2005 regarding the organization and operation of the Ministry of Culture and Religion provides: "Art.5. In fulfilling its role and general objectives, the Ministry of Culture and Religion has the following main attributions: (...) 16. initiates draft normative acts for the establishment of subordinate institutions, approves, under the conditions of the law, the establishment or reorganization of public cultural institutions and establishments , regardless of their subordination; ". regardless of their subordination; ". regardless of their subordination; ".

Art. 1, para. (1) from HG no. 902/2005  provides, we quote:  "Art.1, (1). The Elie Wiesel National Institute for the Study of the Holocaust in Romania is established, an institution with legal personality, subordinated to the Ministry of Culture and Religion" .

So, the Ministry of Culture and Religion could initiate the draft normative act (government decision) for the establishment of INSHR "EW" and could approve the establishment of the institute, but  only  under the conditions of the law.

In conclusion, we consider that  INSHR "EW" was established unconstitutionally and illegally , based on the provisions of  GD no. 902/04.08.2005 , issued  in violation of the constitutional provisions of art. 108, para. (2) of the Romanian Constitution and in violation of the legal provisions of art. 11, letter (c) of Law no. 90 of March 26, 2001  regarding the organization and operation of the Government of Romania and the ministries.

Beyond the aspects of unconstitutionality and illegality of the establishment of the INSHR "EW", we draw attention to the fact that this institute exceeds its assigned competences, carrying out extensive activities of monitoring the Romanian society - practically, of cultural espionage - with a view to incriminating some Romanian citizens on grounds of anti-Semitism, although, in none of the articles of GD no. 902/2005, updated, regarding the activity of INSHR "EW", no reference is made to any attribution of this institute regarding "Monitoring anti-Semitism in Romania". Articles 3 and 4 of HG no. 902/04.08.2005 explicitly presents the object of activity and the attributions of INSHR "EW" regarding scientific research and historical documentation of the "Holocaust in Romania",

According to art. 3, of HG no. 902/2005, updated, the Institute aims to identify, collect, archive, publish documents and solve some scientific problems related to the Holocaust, develop and implement educational and cultural programs regarding this historical phenomenon. In the text of HG no. 902/2005 updated, the word "anti-Semitism" is not mentioned.

That is why we have the reasonable suspicion that an employee of INSHR "EW" is carrying out an illegal activity, which exceeds the object and attributions of the Institute, to the detriment of the activity and job description for which he was hired with the public money of the Romanian State.

The activities indicated above exceed the scope of activity of an Institute established strictly for the research of a historical phenomenon and  overlap with the attributions of judicial research bodies  in Romania, as well as of services empowered to collect information on the territory of Romania, established according to the law.

At the same time, the activity of INSHR "EW" and its director propagates in the Romanian public space the image of an institute of harassment and political police, to the detriment of the main activity of establishing as accurately as possible the causes, culprits and dimensions of the historical phenomenon called the "Holocaust in Romania".

These actions of the institute,  called  "institutional reactions" ,  are rejected as unfounded and unfounded by the institutions of the Romanian state to which the requests are addressed  (eg town halls, prefectures, museums, schools, courts, etc.).

In this sense, we mention some examples taken from the institute's reports, but also the solutions/answers given by the institutions of the Romanian state to these requests:

1. Address no. 78/08.02.2013 issued to the City Hall of Sector 1 Bucharest, in which it was brought to the attention of the fact that on the facade of a building on Iacob Negruzzi Street, no. 1 "the flag of the Legionary Movement is exposed". The institute also requested the undertaking of legal steps to solve this problem. The prosecutor's office attached to the 1st District Court classified the request submitted by the Institute as unfounded.

2. Address no. 531/22.08.2013 to the Argeş County Council requesting that the bust of Marshal Ion Antonescu be withdrawn from the exhibition space of the Argeş County Museum. The management of the Argeş County Museum, through director Spiridon Cristocea, did not withdraw the bust of Ion Antonescu because the provisions of art. 12 of GEO 31/2002 specifies that museums are exempt from the application of the law.

3. Address no. 71/06.02.2013 to the Town Hall of Târgovişte Municipality, through which the Institute requested that the title of Honorary Citizen of Târgovişte Municipality awarded post mortem to Ion Antonescu be withdrawn not only from the institution's website, but by a decision of the Local Council.  The mayor did not comply with the request and did not convene the City Council to submit to a vote the posthumous withdrawal of the title of Honorary Citizen of Marshal Ion Antonescu.

4. Multiple requests of the Institute regarding the existence of "Ion Antonescu" street names in various localities in the country  did not have the expected reactions of the Institute, the local authorities not complying with the respective requests, in the absence of a legal basis.

5. Also in 2013, the Institute sent an address through which it informed Bucharest City Hall about the fact that in November and December of that year " representatives of the Legionary Movement in uniform participated in rallies authorized by Bucharest City Hall" . The representatives of the Institute being  "concerned about the risk represented by the promotion of symbols of the Extreme Right, the Institute asked the Local Administration to prevent such situations in the future". Bucharest City Hall   did not respond to this request.

6. Address no. 156/08.05.2012 to the Prosecutor's Office attached to the High Court of Cassation and Justice in order to dissolve  the All for the Country Party - TPT . and its deletion from the Register of Political Parties based on the Political Parties Law no. 14/2003, based on art. 44, paragraph b, art. 46, 46, par. 1, paragraphs b and c and para. 2, accusing the party  of being fascist and extremist . The prosecutor at the Bucharest Court filed a legal action to ban the party. File no. was created. 27386/3/2012 registered before the Bucharest Court, settled definitively on 20.06.2013 by rejecting the request on the merits, but also irrevocable on appeal by the Bucharest Court of Appeal on 18.09.2014. Both courts held that All for the Country Party – TPT . He is neither fascist nor extremist.

7. Addresses 135/14.04.2012 to the Prosecutor's Office next to the High Court of Cassation and Justice and 183/23.05.2012 to Ciolpani town hall regarding " the withdrawal of legionary symbols from the public space, such as: the photo of Corneliu Zelea Codreanu attached to a troyette, the logo of the Legionary Movement present in the form of a flag hoisted in the immediate vicinity of the triplet and in the form of an ornament welded on a green metal fence, all of which are located on DN1, 500 m before the entrance to Ciolpani, at km. 31, Ilfov county" . The City Hall of Ciolpani Commune communicated that the indicated space is legally concessioned, and the three-story building is installed on the basis of a building permit. These illegal requests caused great damage to the image of master Ivanoff, the sculptor of the trio.

8. Address no. 600/08.11.2012 to the town hall of Târgu Ocna in order to withdraw the post-mortem honorary citizen status for Valeriu Gafencu. The institute, in the mentioned address, mentioned things inconsistent with reality  based on which, in an unfounded manner, the Local Council of the City Hall of Târgu Ocna withdrew from Valeriu Gafencu, the title of honorary citizen of the city. The decision of the City Council was contested by the  "Ion Gavrila Ogoranu" Foundation, in court, by registering file no. 117/110/2014 before the Bacău Court. The case was resolved by the court on 28.11.2014 by admitting the request of the foundation, on 15.05.2015 being rejected by the Bacău Court of Appeal and the appeal filed by the Targu Ocna City Council. The courts held that INSHR-EW's actions constituted ILLEGAL government-level interference in local public administration issues.

9. The Institute filed a criminal complaint based on  Law 217/2015 for the amendment and completion of the Government Emergency Ordinance no. 31/2002 regarding the prohibition of fascist, racist or xenophobic organizations and symbols and the promotion of the cult of persons guilty of crimes against peace and humanity  against a website that sells t-shirts/hoodies printed with the faces of various interwar Romanian personalities, claiming that three people of those whose image appears on the said clothes are people  "accused of crimes against humanity"  and that T-shirts/hoodies with their faces must be withdrawn from sale. It is Father Gheorghe Calciu-Dumitreasa, the poet Radu Demetrescu (pseudonym Radu Gyr) and the philosopher Mircea Vulcănescu. The prosecutor's office that handled this complaint decided to close the file, the complaint being unfounded.

10. In July 2017, the Romanian press, in numerous articles, noted with indignation and great surprise the transmission by INSHR-EW to various local councils in the country of addresses requesting the change of the name of some streets, some high schools, the demolition of a statue just for the reason that it bears the name of the poet, playwright, essayist, journalist and professor Radu Gyr or that of the economist, philologist, philosopher, publicist, sociologist, theologian and professor Mircea Vulcănescu. Both were figures of the Romanian interwar culture, they were part of the elite martyred by the communist regime forcibly installed in Romania, both were, therefore, victims of the Bolshevik repression in Romania. Radu Gyr spent 16 years in communist prisons, and Mircea Vulcănescu was sentenced to 8 years of hard prison in 1947, dying in Aiud prison in 1952, after unimaginable torture, at the age of only 48. This request/action of the Institute was all the more bizarre as it clearly violated the provisions of Law no. 127/2017 for the establishment of the National Day of Honoring Martyrs from Communist Prisons, a normative act which, in the statement of reasons, mentions Radu Gyr and Mircea Vulcănescu in the very first paragraph. Following the Institute's approach, the local council of Cluj Napoca decided not to discuss changing the name of Radu Gyr Street in the city, the local council of Bârsana, Maramureș County decided to keep the name of a school "Mircea Vulcănescu",

11. Another serious, illegal action of INSHR-"EW" is the criminal complaint against the political scientist Vasile I. Zărnescu, submitted directly to the General Prosecutor's Office of the Î.CCJ, which led to his arrest in a criminal trial that lasted eight years, completed, at the trial court, by sentencing him to 13 months in prison, suspended for two years. Vasile I. Zărnescu appealed, and the Bucharest Court of Appeal annulled the prison sentence, giving him, however, a "warning not to commit any more crimes"

The most recent intervention of the INSHR-EW was the one against a former anti-communist political prisoner, Petru Codrea, a supporter of the Resistance from the Maramureș Mountains, who at the beginning of October received the title of honorary citizen of Sighetul Marmații municipality, the decision of the local authorities being virulently contested by the Institute, through its director, Alexandru Florian, under the pretext that Petru Codrea would have been part of the Brotherhood of the Cross as a high school student. The reality is that precisely belonging to this organization made it possible for a whole group of high school students to take the decision, in 1948, to join the armed resistance group in the Maramureș Mountains, led by Vasile Popșa. And this time, the director of the Institute was put in an embarrassing situation,

This is what his lordship wrote, as a reaction to the article in which the INSHR-EW intervention is presented: "I also have to add a few words to these comments. I knew Mr. Codrea Petru as a child and young man, through familiar circumstances, as well as several people from the former Vișovan group, even his personal and established family, his wife being a professionally and educationally eminent mathematics teacher. My family was quite a prominent family in this town and many issues related to the existence and life of ethnic groups, Judeo-Christian relations, of all formations were discussed in the house, but I never heard that the so-called above-mentioned group was had any anti-Semitic, anti-Jewish or anti-Christian activity. Many true aspects were hidden by the old regime, even today there is no one to clarify them. (...) I think we are in a period of paranoia where we do not discern the truths of history and reality. Was it only the Sighetian group that opposed the regime on Romanian territory? Have you forgotten those fighters who were hidden for years until the 1960's who fought with guns against the real oppressors? The names of about 10 Jewish citizens are inscribed on the commemorative wall in the courtyard of the Sighet memorial. What should we call them: criminals, legionnaires, idealists or, in the true sense, fighters of the truth? Gentlemen, yes I am Jewish, if you don't know, proud to be born and live in this city. Be more discerning and select the essential and the truth from what is published on the information networks" [...]. Was it only the Sighetian group that opposed the regime on Romanian territory? Have you forgotten those fighters who were hidden for years until the 1960's who fought with guns against the real oppressors? The names of about 10 Jewish citizens are inscribed on the commemorative wall in the courtyard of the Sighet memorial. What should we call them: criminals, legionnaires, idealists or, in the true sense, fighters of the truth? Gentlemen, yes I am Jewish, if you don't know, proud to be born and live in this city. Be more discerning and select the essential and the truth from what is published on the information networks" [...]. Was it only the Sighetian group that opposed the regime on Romanian territory? Have you forgotten those fighters who were hidden for years until the 1960's who fought with guns against the real oppressors? The names of about 10 Jewish citizens are inscribed on the commemorative wall in the courtyard of the Sighet memorial. What should we call them: criminals, legionnaires, idealists or, in the true sense, fighters of the truth? Gentlemen, yes I am Jewish, if you don't know, proud to be born and live in this city. Be more discerning and select the essential and the truth from what is published on the information networks" [...]. who fought with arms against the real oppressors? The names of about 10 Jewish citizens are inscribed on the commemorative wall in the courtyard of the Sighet memorial. What should we call them: criminals, legionnaires, idealists or, in the true sense, fighters of the truth? Gentlemen, yes I am Jewish, if you don't know, proud to be born and live in this city. Be more discerning and select the essential and the truth from what is published on the information networks" [...]. who fought with arms against the real oppressors? The names of about 10 Jewish citizens are inscribed on the commemorative wall in the courtyard of the Sighet memorial. What should we call them: criminals, legionnaires, idealists or, in the true sense, fighters of the truth? Gentlemen, yes I am Jewish, if you don't know, proud to be born and live in this city. Be more discerning and select the essential and the truth from what is published on the information networks" [...].

We assure you that the general director of the Institute, Alexandru Florian, is a public official according to the provisions of art. 175, para. (1). LIT b Criminal Code (" exercises a function of public dignity or a public function of any nature " ), and that the illegal actions he carries out in his capacity as a representative of the Institute meet the constituent elements of the following crimes:

- abuse of office,  provided by art. 297, para. (2) Criminal Code,

- usurpation of office,  provided by art. 300 Criminal Code,

- exercising a profession or activity without the right,  provided by art. 348 Criminal Code,

Public incitement , provided by art. 368 of the Criminal Code because, we appreciate that, through all the activity carried out by the institute through its representatives, it commits abuses, spreads untruths, unfoundedly modifies the history of the country and thus manipulates people and causes them to break the law ( eg the local councilors of the city of Tărgu Ocna, who canceled , with non-compliance with the law, the decision to grant the title of honorary citizen to Valeriu Gafencu. The granted title was preserved by the sentences of two courts, as I have shown above ).

- incitement to hatred or discrimination , provided by art. 369 Criminal Code.

- preventing the exercise of religious freedom , provided by art. 381 Criminal Code.

- misleading the judicial bodies , provided by art. 268, para. (1) Penal Code, crime committed, among others, by filing a criminal complaint against the party Totul pentru Tără - TPT, complaint dismissed as unfounded by two courts [...].

We would be deeply grateful if, taking into account what has been shown here, by virtue of the constitutional powers granted to the Prime Minister, you would do your duty to the Romanian people and abolish this Institute, or at least stop all funding and you would remove from your coordination. Moreover, under the auspices of the Romanian Academy, there has been, since 1993, the National Institute for the Study of Totalitarianism, a specialized institution that deals with the study of both totalitarian periods, both the one between 1938 and 1944, and the one after 1945.

*

In the hope that you will communicate to us as soon as possible your point of view on the subjects detailed in this petition, we assure you of our full consideration !

Gen. M r. Av. RADU THEODORU,

MIRON MANEGA – writer, journalist,

FLORIN DOBRESCU – activist for

perpetuating the memory of the anti-communist Resistance,

VASILE ZĂRNESCU – political scientist,

ŞERBAN ALEXANDRU POPA – architect,

ION COJA – lingvist, university professor,

DUMITRU IONCICA – editor

CĂTĂLIN BERENGHI – party leader

They are going to add their signatures:  Daniela Gîfu  - associate professor,  Gică Manole  - historian,  Sorin Sabău  - lawyer, party leader ,  Ion Măldărescu  - journalist, etc.

It is worth mentioning, in this context, the refusal to sign the complaint - of one of the most determined challengers of INSHR "EW" Here is his explanation:

IOAN ROŞCA: Why don't I sign this Petition

I regret the fact that I could not associate myself with your initiative, although I understand its patriotic and civic motivation; and the need for camaraderie, in a legitimate cause. But it's impossible for me:

1. To reproach/denounce the fact that INSHR-EW was established without complying with legal formalities and that it exceeded its powers (which is very true). However, I consider (probably, like the signatories) that the establishment of this office is an act/sign of high treason; that her official mandate is unnatural, anti-national, anti-constitutional and anti-libertarian. They are therefore much more serious than the formal ones.

2. Let me avoid the fact that the appearance of this inquisitorial institution, like the "anti-Semitism" laws, demonstrates the colonial status of Romania, a "sovereign and democratic state" in which the "representatives" legislate against the interests of the population. I don't make requests and notifications to usurpers of power, so as not to give the impression that I am legitimizing them. I only address them with objections/accusations, aware that they can only have an effect after the possible fall of the regime.

3. To associate with things done in haste. I prefer to draw conclusions after presenting the argumentation, based on the indictment that I try to present progressively. I will show, through solid documentation, what INSHR-EW is and the regime that lent itself to putting something like that into operation.