A.H. Winter
Email medusa338-a@yahoo.co.uk
Domniea sale:
Domnului PRIM MINISTRU, Traian Basescu
Presedintele României , Palatul Cotroceni
Bulevardul Geniului nr. 1-3, Bucuresti
ROMANIA
Date: 11-12-2005 Time: 12-36
Ref: AW / 11121236 Dossar 9288/2003, Timisoara.
Dear Mr. President,
I have a serious catalogue of complaints concerning the following list;
Conspiracy to defraud Mrs. Maria Constanta Winter; contrary to her rights under the Romanian Constitution Article 42, Inheritance right, supposed to be inviolable!
Theft of inheritance.
Deception, collusion, bribery and corruption, building up to
Maladministration; in local authority, registry office and court evidenced in
Willful negligence on the part of all figures in authority, leading up to the previous and present Presidents of Romania, contrary to Chapter II, Article 80. (2).
With over two hundred letters, Emails, Faxes, and telephone calls, I have no problem whatsoever in contending that all reasonable efforts at a legal resolution of this problem have been exhausted, and have the right and freedom to begin this year a thorough escalation of the previous representations through the Office of the High Commision of Human Rights, and if necessary the European Union, with representations to move this case to a European Court, since the Romanian Courts are totally lacking in the ability even to communicate with civility, and decorum, and more importantly:
Completely unable to present, delineate or follow any recognised pre-action protocol understood to be acceptable to Western Standards and use of Civil Procedure Rules, where protocol requires defendants be properly served with the allegations, papers to be placed at the land registry showing an impediment to transfer of property, as well as our request for an 'ex parte' order that all the deceased paperworks be seized and held at the local court. For inspection. Having breached all these preliminary requirements to an acceptable standard of judicial process, the Romanian court, has permitted itself to fall below any recognized discipline where we as claimants are able to place the smallest trust in their represented codes of conduct, being 'de fact' non existent.
Most seriously of all the allegations I shall be representing, is that the Judicial Process in Romania, remains as primitive as in my experience over the past thirty to forty years. The democratisation process has done little or nothing to remedy the widespread corruption and collusive simple and willful negligence on the part of court officials, the local mayor of Timisoara, functionaries at the land registry, bank., Romanian official website, where it is very clear that letters, calls, faxes and emails sent to apparently legitimate addresses, are either read, not acted on, not read, or merely ignored. In short, there appears to be no person, even at the top of government capable of any intervention to investigate the serious breaches of the Romanian Constitution. In simple theft which goes not only unpunished, but not even investigated, and despite all court officials being in agreement with the nature of the allegations already placed, it is likewise unofficially stated that the procedure would be to take our money, and serve us with little other than continued willful negligence and inactivity.
Mrs. Winter has the right to apply for exemption of all the legal costs; since her finances satisfy the requisite conditions. Once presented with this, it makes the situation almost certain that the Judicial processes, combined with the allegations made in 1-5 above, will leave the situation as an atrocious act of negligence, that shall not go unpublicised.
These representations will be directed to the European Commission specifically focused at the absence of progress in this area of human conduct while preparing for European Entry, while being aware that the legislative package of reforms is presently causing a constitutional conflict that requires resolution, and that accession on January 1st 2007, may not be considered workable while cases of injustice like this persist.
Because of these breaches, there is an increased difficulty in proving the claimants testimony, and consequently the standards of evidence shall have to be lowered, based on written and verbal testimony due to cases directly relating to the defendant and family member,s mendacity, and judicial apathy.
Therefore in the process of escalation, I shall be representing the history of this deplorable and unacceptable conduct on the part of figure in authority, major institutions, including the judicial system, to all foreign offices of members of the EU community for which Romania is moving its candidature for election during this forthcoming year. I shall also be placing the entire story of this willful negligence, and alleged bribery and corruption on the Internet in the form of a book that shall be read by all who are interested in the 'de facto' and 'de jure' dissonances between the represented Romania, and the Romania that should be seeking to normalise its standards of conduct with those expected in the European Union.
Commencing sixty days from this letter, copies shall be directed towards all foreign offices of member states in the EU, as well as the foreign office of the USA. I have in mind the similarity between this case and its corresponding immature legal treatment with the present case in Sweden. Concerning Mr Gregorian Bivolaru that reveals strong similarities of negligence and immaturity.
Kind sir, this is a final chance where you have an opportunity to intervene and get this case moving along proper civilised legal protocols, and avoid what I certainly have been holding strong forbearance over these past years, due to warmest sentiments I hold for the Romanian people in particular. I would prefer the private and closed pursuance of this process, but should this representation to you fail to bring forward the required response, I regret the affair shall have to become more adversarial and very much in the public arena.
I should state as clearly as possible that any reply that merely directs me to address myself back to the local court, is an act of willful negligence and shall be treated as a non reply. I expect to hear that the matter is to be investigated in the local court, and that all functionaries concerning this application are expected to offer their best co-operation in bringing this matter to proper investigations and closure. closure without the defendants being even contacted and questioned is unacceptable. They have been presented with a set of allegations two years ago, in Romanian and English, and to date, the court has not advised these documents have been served, or the defendants even contacted. The failures of Judicial process are:
Breach of civil procedure rules where a defendant is served with the relevant allegations, and ordered to file a response within 28 days.
Breach of the pre-requisite that a freezing order or charge be placed on the property in question.
Breach of the 'ex parte' order to seize the documents of the deceased for examination by the claimant, and
Despite being offered payment of a stamp, relevant and proportional with the original circumstances of the value of this case, no response having been provided, the case shall now proceed on its own merits and at the request that the claimant is now after such a waste of time, research and money, be exempted from all court costs, that should, as in England, be borne by the taxpayer.
The result of the case, if there be one, and if the claimant prevails shall be that the property, if so required by the state, be sold to provide recompense to the authorities, or else provide finance towards the orphans of Romania, or else that the claimant be allowed to dispose of the proceeds as within her rights under Romanian, and EU law.
The initial stages of the pre-action protocols be conducted; to minimise costs all round, by letter, email, fax and telephone calls.
Breach of articles of Human rights, Romanian constitution, EU conventions and procedures.
Transparency in procedures showing judicial process unfettered by bribery and corruption with a focus on the breach of the law by the Romanian uncle of Mrs Winter who held her mother's assets in trust, and misappropriated them on her sudden death, while taking advantage of Mrs. Winter's imminent marriage and legal emigration to England.
A period of time has elapsed since I last contacted your office; on Tue, 12 Apr 2005 11:54:22
Ref: AW / 12041154, and received a reply from Consilier de Stat, Gabriel-Cristia, Cod unic: 427b2f6ba6495.
At that time, we replied to Dmnl Gabriel-Cristia, and advised that after several hundred communications with the local court and various departments in authority both in Timisoara, and Bucharest, all reasonable procedures have long since been exhausted without any satisfactory response to our seeking a remedy to this crime that has been numerously and repetitiously detailed to the local court in Timisoara, in the above dossar number.
It had been hoped, in vain, that changes in recent legislation, with a view that Romania was taking serious steps to reform its juridical procedures while also taking positive action to address bribery and corruption particularly among the Mayor's offices, court and land registry sections where our complaint and allegations have been repetitiously directed. might enable an enlargement of freedom of communication and transparency in civil procedure rules.
It had also been hoped, in vain, that the proposed application and entry of Romania to the European Community might also have some beneficial effect on removing obstructions to transparency and communications between the claimant and the court officers. It is the opinion of the writer that the Romanian application to join the community has had little or no effect upon improving its institutions and organs of justice with respect to raising the standards of conduct within the relevant behavioural protocols, and there is little merit in its success, so long as the focus of entry remains a pursuit of monetary benefits, without joining and adhering to the communities higher standards of procedures.
1) An application for 'ex parte' inspection of documents taken possession by the defendant was ignored and results in the requirement now that there be a lowering of standards of proof in ensuing litigation since documents essential to the claimant' s cause have now been almost certainly destroyed. The local court, Mayor, land registry officers are responsible for this.
2) An application for a 'freezing order' (intimpinare) or at least an 'impediment' or 'charge' to be placed upon the inherited property also was ignored.
3) An application that the defendant be properly served with pre-action and trial action documents concerning the allegations has never been forwarded to the defendant and no response has ever been recorded or sent to the claimant.
4) An application to the registry office for immediate notification to the claimant of any person attending the office and requesting transfer of title, was also ignored.
5) A request that the Defendant be summoned to the court to answer the allegations, and signify a defence, otherwise the claimant succeed in the claim by default was also ignored.
The aforesaid paperwork and documentation, plus testimonies were placed with the court in English and Romanian, and the court was asked to signify the cost of this preliminary paperwork, without which proceeding to the expenses of travel and attendance of hearings would be considered mandatory, was also ignored. Privately we were advised that the only element of interest was the fee for the estimated up to date cost of the property, (which was assessed in the old currency at the time of its theft), was being sought without any re-assurance whatsoever that the defendant would be questioned, and that the claimant would be required to pay that, and to expect nothing in return, save an exhaustive additional waste of time and money, both deemed by any reasonable judicial procedure to be a pre-requisite of avoidance of a waste of judicial procedure.
The responsibility of all these consequences are laid at the feet of the court officers, Mayor, cadastre, and official Romanian website, all of whom the communications were addressed without reply. The writer has had a tracking system in place that will prove the documents
having been read, and wilfully not replied to. This is a heavy and serious allegation of negligence by the relevant authorities, and at this time the basis of the argument that all relevant procedures in seeking either an informal or formal remedy have been more than exhausted, and predictably this letter will achieve nothing that would be considered as the smallest progress.
Our immediate perception is that little or nothing has altered in the past sixteen years that will enable a Romanian citizen to achieve recognition of her rights under the constitution of Romania and or the International Human rights abuses she has become inured to suffer in silence.
Numerous requests to access proper legal procedures, with specific concerns respecting the absence of proper and reasonable procedures, where the writer prepared and designed; based on the English and European standards, his own claim forms, and response pages that were intended to be presented to the defendant with an appropriate response pack, and nothing ever was done with them. The Defendant in the action to this date, it appears has NEVER been contacted by the court for a proper response, and at no time, has that Defendant acknowledged receipt of numerous communications sent to his address, their being returned unanswered. In short there is no 'trial pre-action protocol' in existence, and the request that such be implemented, has been ignored, where its use, would limit the extent of judicial time and costs, and reveal the extent to which the Defendant is relying on the failures of the judicial process to succeed in attrition.
Therefore and with considerable regret, the claimant's spouse will commence in 2006, following an anticipated lack of action from copying this to Romanian Prime Minister, Calin Popescu Tariceanu, and Ioan Mircea Zarie and Carmen Argentina Galca; deputies of the head of the National Anticorruption Prosecutor's Office, to escalate this claim outside the usual channels of Romanian jurisprudence with an appeal to the higher authorities within the EU and beyond.
Thereafter,
the writer shall proliferate the allegations and complaints to the
foreign offices, and secretaries of states of the eight larger EU
members along with that of the United States. A website has been
opened, and the full story and publication of the details of this
abuse of legal procedure and theft of the rightful inheritance of
her mother's estate not only including the theft of the claimant's
inheritance, but also how the death of her mother as a consequence
of negligence in the authorities of the hospital she worked for, and
the railways that were involved in the accident left the claimant
suicidal and alone, as a young girl, without the slightest remedy
or assistance from the responsible authorities.
The short list of breaches already enumerated within the Romanian Constitution are relevant to the following sections:
Article 7 - Romanians living abroad
Article 11 - International and national law
Article 20 - International human rights treaties
Article 21 - Free access to justice (1)
Article 27 - Inviolability of domicile (1), and failure in request for 'ex parte' application to the court for pre-action protocol of seizure of documents under section (3)
Article 31 - Right to information (1), (2).
Article 41 - Protection of private property that has been violated by theft of moneys held in trust, then used for the purchase of property.
Article 42 - Inheritance right, breached at the time of the claimant's mother's death under the negligence of the authorities, and taken advantage of by way of misappropriation and defalcation of money held in trust by her then brother, for the benefit of her daughter, with the intention of buying a family home, that she had worked for all her life.
Article 45 - Protection of children and the youth, (1) Children and the young shall enjoy special protection and assistance in the pursuit of their rights. Namely The claimant, and her son the rightful inheritor of this estate under question.
Article 47 - Right of petition and breach of (4) The public authorities are bound to answer to petitions within terms and under conditions as established by law. No response has ever been received from the Mayor of Timisoara, despite numerous emails, and proof of reading them which the claimant has in possession. Also the Cadastre, land registry department where application was made to inform the claimant immediately on approach by the defendant to lay claim to the inheritance, that was not the property of the deceased to give in any form, not least in the form of a will.
Concerning
the breaches of her other human rights, to which Romania is
subscribed will be a matter for the relevant authorities, to whom
an initial courtesy approach was made in 2004 at the Office of the
United Nations High Commissioner for Human Rights
Support
Services Branch (Treaty Implementation Teams)
Palais des
Nations
8-14 avenue de la Paix
1211 Geneva 10
Switzerland
It may be stated that the claimant has virtually given up any hope of acquiring her rightful inheritance, and that the ensuing legal remedies being pursued, are primarily for he purpose of exposing these crimes to a wider audience of public interest, bringing family members for this abhorent crime to justice, and if necessary and if success is forcoming, to share or give the proceeds of the sale of such property to the Romanian orphans. This is done to show with perfect transarency that the pursuit of financial gain is not the basis of this claim. It is merely the pursuit of justice, and to establish if the judicial processes of Romania, have reached the level of maturity where a remedy may be pursued for its own sake, rather than for gain.
Yours most respectfully.
A. H. Winter.
Romanian Prime Minister, Calin Popescu Tariceanu
Ioan Mircea Zarie and Carmen Argentina Galca deputies of the head of the National Anticorruption Prosecutor's Office.
Tue, 12 Apr 2005 11:54:22
Ref: AW / 12041154
_____________________________
Your Excellency,
I beg you please to take a few moments, and read this request for intervention.
First however, I take this opportunity of congratulating you in your new Presidency, and hope your term will be as successful as you would wish. This matter was delayed for several months while you settled to the new position, it has been active since June 2003.
A very long-standing injustice has taken place, and the 'competent' legal authorities have failed in every respect under the previous administration to move the process along. They have not even sent the basic claim form to the Defendant for a proper legal response. The defendant of course takes every advantage of this lack of procedure. The matter has already been the subject of enquiries with the assistant to the Secretary General of OHCHR. The 'Claim', 'Charging Order', and 'Ex parte inspection orders' and requests have all been ignored by the Court and other relevant authorities in a classic semblance of 'maladministration and alleged probable corruption.'
In as short a manner as possible, I hope to detail the recent history.
Just under two years ago, my wife's uncle died revealing finally, how and where he had managed to steal her mother's estate, to which she has every right under, 'Articolul 42 Dreptul la mostenire.' Her mother, due to mobility of residence, (living at hospitals where she worked) had entrusted a very large sum of money to her brother for safekeeping, in a quantity of CEC books 10,000 Leu per book (total 400,000 Leu - Anul 1964) to be held and placed with the local bank. These books had her name Dr Cristea Paulina- Grama, and my wife's name Maria Constanta Grama. The Uncle's name Ing Petru Cristea had the same initials.
When we opened a legal case at the time, against several family members, the smaller case was successful, with the help of the personal intervention of President N. Ceausescu. However the main case of stolen money became involved in corrupt practices between the uncle and our lawyer who unknown to us was a close friend of the defendant. The case languished due to the uncle withholding the evidence where the money was located. Some more years passed, after we had visited him, and requested he return the money, he proposed an illegal transaction, which we did not wish to be involved in. Many years passed, and unknown to us, he began to withdraw the money from the local CEC, having explained to the Directors that Mrs. Winter had left the country to never return. He withdrew the money over some years and purchased an apartment, Str. Paciurea 2, Timisoara, keeping it secret from us. His income as a very ill person could not have possibly sustained such a purchase, and in effect he became wealthy overnight. (Imbogatire fara causa.) The details of this purchase were never revealed to us because of his deception and criminal behaviour. He had apparently left a will in favour of a distant relative with whom there was little or no previous connection. He also destroyed my wife's mother's will at her death, stealing the money and saying it had not been found.
On discovery of this, we sought the assistance of the Romanian Embassy in London, The British Embassy in Bucharest, and the local courts.
The first request was very simple. Please place either a 'Charge' over the property or else a Freezing Order so that it is not sold until the legal ownership is properly investigated. The second request was to issue an 'Ex Parte inspection order' to inspect and for the court to take possession of the testament, bank statements, and all other documents belonging to the deceased person.
These requests were totally ignored by all members who were approached (the former President, The Ministry of Justice, the Court, Ms. Milita Bulgarin at the Court and the Mayor Mr. Gheorghe Ciuhandu. Now it is a very expensive process of discovery, to which responsibility I regret must be laid at the parties so named above. The only party who helped us with information was the British Embassy, but we could not deal with the litigation through them. This past two years I have translated the case, at the request of the local court, and explained perfectly well why their request we visit, could not be accomplished on the basis of the initial requests having not been carried out. Without the property being held by the Court, or the documents being served upon the defendant, it was clear that the total absence of any response from the inheritor of property in serious question, the defendant was relying upon well established and illegal practices which remain within the civil procedure rules under the previous administration.
We have accumulated 150 documents and communications up to April 2004 alone, for which we have as yet absolutely no reply that is remotely acceptable under civil procedure rules for Europe or Britain. We were in contact with the OHCHR and brought this matter to their attention, and ask for the situation to be investigated, and monitored, when we heard about your election under a new mandate to root out and remedy corruption. This was left over until such time as we thought it would be appropriate to make this renewed application.
Finally, please note that in 1973, I had made a gift of all my possessions to Mrs. Winter (Maria Constanta Grama) precisely because she had been left penniless when she was forced to leave Romania by her family and unhelpful authorities. In 1985 Again this property was all placed in Trust for our son, at his birth, so that such a terrible crime should not revisit her, or her son.
She, the Plaintiff, therefore requests that this case be pushed through the process, without punitive costs, otherwise it would amount to the purchase of a new property. since as a Romanian citizen (having refused at the time of her departure to relinquish citizenship) Mrs Winter I believe has the right to costs being exempted under her situation. Therefor furtherance of the case, is not in our view the subject of an opportunity to convert currency. Mrs Winter will pursue the matter, despite the possibility of losing the case in law, where she would prefer that the proceeds simply went to the department for assisting orphans like her in Romania.
We are not happy that this problem has been so long in resolution, but I hope you will understand that the value in today's terms while not being a large sum, is nevertheless such that the criminal behaviour, and false acquisition can not be permitted to continue without a recognised civil procedure that adheres to some of the requirements of the European Courts, and Human rights. I am writing a book on the entire history, which has its first pages on the World Wide Web, and I hope that the ending will be a happy one where Justice is seen to take place in modern Romania as she enters the EU.
Yours most respectfully.
A. H. Winter.
PS. Two departments at the Mayor's office, including the Mayor himself, were asked many times to take our documents concerning the 'caution' and charging order to the 'Cadastre' many times, ignoring the requests, to do such a thing inclines one to suspect more than mere maladministration.
All documents shall be submitted to the OHCHR and relevant Foreign offices by the End of May.