Wednesday, 26 March 2014

ASPA and their illegal 'blacklist'

On Friday, 21st of March, the same day that ASPA raided a shelter run by volunteers and vandalized the adjacent VIER PFOTEN clinic in Bucharest, Răzvan Băncescu, head of ASPA -- which stands for 'Autoritatea pentru Supravegherea şi Protecţia Animalelor' and which, ironically means: "Authority for the Supervision and Protection of Animals", THE Romanian authority for the management of stray dogs and which is currently under investigation by the Romanian National Anti-Corruption Directorate (DNA) -- announced that the authority would block adoptions of dogs in certain areas because some dog owners had made false declarations regarding their adoption.

NGOs and individuals who, through false statements or abandonment had not complied with the adoption of stray dogs will no longer be allowed to adopt animals from ASPA shelters, continued Bancescu, and that this ban would come into effect on Monday, 24th of March, 2014. The prohibition would cover 6 NGOs as well as 25 private individuals.

During his TV appearance, Bancescu siad:

1) due to the situation created yesterday -- referring to the woman was found dead, Thursday morning, in a market of Bucharest, with her face destroyed beyond recognition by dogs. As per usual, the dogs were blamed for her death, although the autopsy had not yet revealed the cause of the death of this person. On 21st of March, the day of Bancescu's TV appearance, however, it had been officially announced that the woman died of alcohol poisoning and because she chocked in her own vomit -- the adoptions will be limited and forbidden

2) according to the HCL 145/2013 (HCL is Local Council Decision) the adoptions will be forbidden for the people or organisations which are found guilty of abandonment. (please keep in mind that a HCL cannot supersede a law);

3) individuals or organisations who are found to abandon will be stopped immediately to adopt although the Police and Prosecutor's investigations are not completed;

THE 'BLACKLIST' GREW OVER NIGHT

From the moment that Bancescu made the above statement on Romanian national TV, til ASPA released their "blacklist" the next day, the list had grown from initially 6 to 19 NGOs, and from 25 to 39 private individuals. Just like that... in a matter of hours

NOTHING BUT A FUNNY COINCIDENCE?

ASPA's blacklist has not only been published on the website of ASPA, and in the Romanian newspapers but can also be found on the entrance doors of the public shelters, as shown on our website, in the picture taken by Mihnea Columbeanu, at Bragadiru prison which serves as public shelter, during the release of the 83 dogs on 24th of March, that ASPA had illegally seized on 21st of March, 2014, the same day as they released their illegal 'blacklist'

On top of the list we find the association Cutu-Cutu, who had reported ASPA to the National Anticorruption Directorate, and who has ordered their prosecution on 02/07/2014, under File number 424/P/2013, following 'Cutu Cutu's complaint.

A bit further down, we find also Mr Aurel Ambrozie who had his dog stolen from his arms by dog catchers because he could not present the dog's health card.

On Monday, 24th of March, desperate Mr Aurel Ambrozie, went to Bragadiru prison in the hope to find his dog there. This happened at the same time when the volunteers and Vier Pfoten who had their dogs stolen by ASPA were at the prison, together with reporters and journalists.

In the next pictures on our website, taken by Mihnea Columbeanu, you can see Mr Ambrozie at Bragadiru prison, talking to the media and showing the adoption agreement signed with ASPA for his stolen dog.

ASPA's 'BLACKLIST' IS ILLEGAL!

The problem that we see with this this "blacklist" is that a LCD ( Local Council Decision) can not supersede a law, well... LAWS, in this case.

And this is what the Romanian Animal Protection LAWS say about abandonment:

Preamble

Law 258/2013 modifies and completes the GEO 155/2001 [OUG ) Governmental Emergency Ordinance].

GEO 155/2011 has 17 articles and 5 annexes. GEO 155/2011 has been approved by the Law 227/2002.

First, GEO 155/2011 has been modified and completed by the Law 391/2006: Art 4 and Art 7 (3) were modified.

Law 258/2013 modifies and completes GEO 155/2001 as follow: Art 1 to Art 15 is modified; Another six articles are added after Art 13 of Ordinance 155/2001, namely Art Art 13 1 to 13 ^ 6.

Law 9/2008 modifies and completes the Law 205/2004.

Abandonment punishment

According to the Law 258/2013, Art (2) a) that states:

Art 14 (2) The GMT actions constitute the violations, and they are punished as follows:

“Non-compliance with the provisions of Art 6 alinea (2) [note: Art 6 (2) of law 258] and also the cruelty towards the animals, stipulated in Art 6 (2) of Law 205/2004 with regard to animal protection, with the subsequent modifications and completions [Note: as mentioned in Preamble, Law 205/2004 has been completed and modified by Law 9/2008], [“is punishable by” – this piece of text is missing from the law’s text] jailing from 6 months to 3 years or with a penal fine of 1000 lei to 10,000 lei and the dog is seized”.

Observation:

Art 6 (2) of Law 205/2004 with regard to animal protection, with the subsequent modifications and completions brought by Law 9/2008

* Under the Law 205/2004, Art 6 (2): In the light of this law, by cruelty towards animals is understood:

[...]

e) abandonment of an animal who's existence depends on the care of humans.

* The Law 9/2008, modifies the art 6 (2) e) into Art 6 (2) f) which states: In the light of this law, by cruelty towards animals is understood:

[...]

f) abandonment and / or drive away of an animal who's existence depends on the care of humans.

Conclusion:

Therefore, based on the above comments: the abandonment is a form of cruelty towards animals and is punishable by jailing from 6 moths to 3 years or with a penal fine of 1000 lei to 10,000 lei and the dog is seized.

Additionally, it is important to note that ASPA's decision to block the adoptions for several NGOs and private individuals seems to be based on HCL 145/2013 of PMB [Art IV Art 6 alin (4) and (6)], and that states: "the abandonment is established by ASPA upon the consultation of their data base" and "individuals or NGOs who are abandoning dogs are forbidden to adopt dogs for 1 year from the last documented abandonment."

The word that shouts from the page is "documented abandonment"

Furthermore, it is very important to mention that the NORMS on Law 258/2013 state:

CHAPTER VI

Notifying the population in order to claim and adopt stray dogs. The notification of owners

Art. 16. – The specialized services for the management of stray dogs, respectively the operators of the specialized services for the management of stray dogs have the obligation to promote their adoption and claim and to inform periodically the population regarding the operation programme of stray dog public shelters in order to ensure transparency.

Meaning that the authorities must promote adoptions, NOT hinder or inhibit them by restricting people's access to shelters, or by prohibiting them without a "documented abandonment" in "order to "ensure transparency", because a dog can also have escaped or got lost.

Even, if the abandonment thing might seem contentious, the question that must be asked is: if a law is broken, where is the legal action against the lawbreaker?

You can consult all related laws on our website.

AND WHAT ABOUT EU FUNDAMENTAL RIGHTS?

Charter of fundamental rights Europe:

CHAPTER II FREEDOMS

Article 8

Protection of personal data

Everyone has the right to the protection of personal data concerning him or her.

Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
Compliance with these rules shall be subject to control by an independent authority.

WHAT DOES THE ROMANIAN CONSTITUTION SAY?

Romanian Constitution:

TITLUL II ( Title II ) Drepturile, libertăţile şi îndatoririle fundamentale (The fundamental rights, freedoms and duties)

ARTICOLUL 16 (1) Cetăţenii sunt egali în faţa legii şi a autorităţilor publice, fără privilegii şi fără discriminări. (The citizens are equal in front of the law, the public authorities, without privileges and discrimination)

(2) Nimeni nu este mai presus de lege. (Nobody is above the law)

...AND THE ROMANIAN CIVIL CODE?

Romanian Civil Code Codul Civil:

Dreptul la viaţa privată (The right to private life)

Art. 71. – (1) Orice persoană are dreptul la respectarea vieţii sale private. (All persons have the right to respect of their private life)

(2) Nimeni nu poate fi supus vreunor imixtiuni în viaţa intimă, personală sau de familie, nici în domiciliul, reşedinţa sau corespondenţa sa, fără consimţământul său ori fără respectarea limitelor prevăzute la art. 75. (Nobody can be subjected to any interference in his private life, personal life, family life, nor in his residence, or correspondence, without his/her own consent or without following the limits as presented in art. 75)

(3) Este, de asemenea, interzisă utilizarea, în orice mod, a corespondenţei, manuscriselor sau altor documente personale, precum şi a informaţiilor din viaţa privată a unei persoane, fără acordul acesteia ori fără respectarea limitelor prevăzute de art. 75. (The use, in any way, of the correspondence, manuscripts or personal documents, as well as the use of information of one private life is forbidden, without the consent of that person or without following the limits as presented in art.75)

THE EU, ROMANIA AND THEIR COSMETIC LAWS

How strong are the walls which protect the integrity of a society? Civilizations have evolved to respect order contained within law... Now, imagine if you will, a society which has such laws but never enacts them: Cosmetic... Deceptive... Anarchic!

There exists such a society! Not at the edge of civilization but by invitation, at the edge of the European Union. A Union where officials can freely invite but then declare that they have no controls... NO COMPETENCE.

They invite and then, if issues occur, they declare that they are INCOMPETENT! Et voilà!

Only words?

Here before you are the Laws of Romania and here also are the words of the Romanian Government. How broken is a society when even those who create the laws ignore them with derisive importunity?

There is no adherence to laws resulting in volatility, anarchy and instability... in a European country.

Let us lay down beside you - the discerning judge - the law and the government ignorance of their own laws. We speak not one word but let you, the discerning listener decide: a law abiding society or one which exists at the very edge of anarchy BUT regarded by the wise and astute in Brussels as a valid contemporary member of the European family?

All information about this illegal 'blacklist' the related laws, references, pictures and videos are compiled on our website, at:

http://www.occupyforanimals.org/romania---aspas-illegal-blacklist.html


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Romanian Stray Dogs

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