The life of the judge. Episode 3: The defendant is blind.

The facts I intend to present happened when I was enrolled in kindergarten small group on Decebal Str., but their authenticity was guaranteed by eye-witnesses, lawyers whose credibility is beyond doubt. The two agents trained in Moscow and attached in supervisory role to the core of the party leadership, Vasile Luca and Ana Pauker, initiated a project in 1946 that became a decree that was meant to counter acts of undermining the national economy by sabotage. Thus, for example, the special Security troops would deploy into an area, inspect crops and note the names of some owners who have not thoroughly enough weed or did not sow, or not collected, in short, they sabotaged agricultural production and at the same time, they were reluctant to the idea of ​​land consolidation and establishment of collective farms.

Class struggle was going exactly as planned by daddy Stalin and sometimes violent resistance was a result of counterrevolutionary elements. “Universities” in Gherla, Aiud and other localities in northern Transylvania were full of enemies of the working class and dangerous rebels who did not hesitate to physically suppress party activists who were overzealous remained in the mountains.

I remember that, in the manual for Romanian literature, with Michael Beniuc, A. Toma and other eiusdem farinae some early poems appeared  of the poet Dan Desliu, including “Miners in Maramures”, “Szilvester Andrei saves the cutting away” and “Lazar from Rusca”. The latter poem was beating away the “The apple tree next to the road” by Beniuc. The style set by “Pluguşorul” greatly facilitated the task of composing the ballad by the party. I think this “poem” is unique in the international literature that contains footnotes. Here is the context: “And it remained open-at home/that bright book/Right at the page that reads/ with diligent words/ How the field grew large/from the fields so petty. After the word “light” a footnote was placed and in the footnote, what do you think I found? The short course (sic!) of history of P.C (b) U.S. Hero Lazarus had been suppressed by the “counterrevolutionary gangs” so the class struggle was no joke. In my eyes, Dan Desliu was rehabilitated because, unlike A. Toma, M. Beniuc, M. Banus, etc. remaining prisoners due to their political engagement, including their lyrical works. A quarter century later, after becoming a member of the Writers’ Union, Dan Desliu wrote love poems so beautiful that are at least equal to the works of other poets, including authors included in textbooks. I recall a meeting caused by chance, at the writer’s villa in Neptune in July of 1979 when my son was 2 years old. The meeting was in the hallway downstairs. When he saw the little Michael, Dan Desliu rushed to him and smothered him with hugs. I felt obliged to make the introductions: “Michael, he is the poet Dan Desliu and I was taught his poems in school.” The words had the effect of a cudgel, because the poet knew what I mean and still lived with the regret to have compromised his work as a poet.

The methods of the class struggle were the same everywhere. About a famous chief clinical professor it is said that, after treating Peter Groza, requested an astronomical fee. Upon being asked by the patient is whether or not he exaggerated, the doctor replied, “Everybody sees the class struggle in his way.” For those who heard of Petru Groza for the first time, we offer the following information: March 6, 1945, Petru Groza, lawyer Deva has agreed to lead a government of large democratic density, which was attended by some historical parties .

So while the class struggle sharpens, “the enemy was not sleeping” and Decree against sabotage was ravaging the Romanian villages of Transylvania. The procedure is carried out in an emergency, as flagrant crime, under the jurisdiction of the Military Tribunal. For those arrested were appointed a defender. What the defense could plead in this situation is not hard to guess. With the class enemy and sharpening class struggle, providing personal mitigating circumstances was excluded, so ex officio appointed lawyers were limited leaving sentence the to be applied at the discretion of the court.

The error of the lawyer  ended without serious consequences, although his negligence was inexcusable even though the studying the case would be useless. Today we wonder in what state of mind would a judge be in the event that he or she does not know his case well enough and is only basing his decision on the hearings.

From the judges and military prosecutors of the Stalinist regime to the prosecutors of the golden age, some things changed, others stayed the same. The readers will judge after they shall follow through the 4th episode.

prof. Dr. Ion Turcu

retired magistrate

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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