Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Thursday, 20 March 2014

OFA's position and clarifying statement regarding our support for FPAM's legal actions against the Romanian government and the ANVSA

Due to a quite unpleasant and very sad event that occurred on our page on 16th of March, 2014 when OFA had been attacked by a British rescuer in our post where we tried to help FPAM to gather evidence and witness testimonies for their lawsuit against the Romanian government and the ANVSA, and because said rescuer continues to spread misinformation about our organisation without giving people access to the full information, we now - sadly - feel obliged to issue the following clarifying statement:

We have tried to explain our position to said rescuer in quite a few emails and hours long discussions without any result and even worse: to judge from the content of the latest mail that said rescuer has sent to us tonight, this person did, very obviously, not even bother to open our link and to have a look at the proof for FPAM's lawsuit which is the legal document and which can be read on our website, along with the collaboration protocol that FPAM had signed with Victor Ponta and Daniel Constantin - at that time the leaders of the USL party - on 21st of December, 2011 and which clearly states, among others, that the euthanasia of stray dogs is banned. This contract goes until 21st of December, 2020.

You can read both documents, at: http://www.occupyforanimals.org/romania---fpam-takes-legal-actions-against-the-romanian-government-and-anvsa.html

IN CLEAR:

Occupy for Animals has no affiliation whatsoever with the Romanian group FPAM.

Contrary to what is being told by the British rescuer, we are neither supporting nor defending them, or any of their actions. We are simply trying to help them to gather evidence and witness testimonies for their legal actions against both the Romanian government and the ANVSA because we believe this to be a true chance to turn the situation in Romania around.

Their apparent inability to enact any change to shelter conditions inside their country, as claimed by said rescuer, has been noted. What we do know is that previous legal actions which they have introduced have been successful and maybe they function better at this higher political level than at the grassroots level of the shelters.

So what we have is an organisation which has attracted the contempt of this British rescuer, but they introduced a legal challenge which we would all have sought to introduce, namely one to stop the killing. If we were Romanian, we would have sought to achieve exactly what FPAM have just done. We would have sought to introduce a legal action. But we can't, we are not from Romania.

A legal action by FPAM is critically important and it is unwise to interfere at this moment, to not support this important action, let alone to boycott it.

This would be a betrayal of all Romanian dogs and their protectors and we must endorse one of the very few possibilities to stop the horrors which all of us together in our different ways wish to see ended.

It may only be a small chink of light at the end of a long dark tunnel but it IS a light in the darkness, and OFA will always simply support any honest possibility for positive change which benefits the people and animals of Romania.

Personal perspectives and differences are deemed irrelevant when such opportunities are presented.

FPAM will challenge and seek to prevent the Law 258/2013 from being enacted and this is exactly what every animal lover seeks to be achieved. Any opposition to this is counter to the potential health and safety of all Romanian animals.

The action has already been filed at the Romanian Court of Appeal and we should ALL applaud and welcome this action and we are, again, calling on all our Romanian friends to support FPAM in their lawsuit against the Romanian government and the ANVSA by submitting their evidence. People from abroad who have visited shelters and witnessed neglect or abuse can also submit their evidence which must be legalized at a notary.

All information about this important action, including the collaboration protocol from 21st of December, 2011 and the legal documents that FPAM has submitted to the Romanian Court of Appeal, can be read on our website, at:

http://www.occupyforanimals.org/romania---fpam-takes-legal-actions-against-the-romanian-government-and-anvsa.html

This "issue" has taken up too much of our limited time already and we will not be responding to any further comments on this subject.

For all further information about this important lawsuit, about FPAM in general, or the claims made by the British rescuer, we respectfully suggest that you get in touch with FPAM directly. You can contact them by email at: office@fpam.ro

OFA supports FPAM's important legal actions against the Romanian government and will continue to do just that. Nothing more. Nothing less.

March 20, 2014

- Occupy for Animals -


Sunday, 16 March 2014

FPAM has filled a lawsuit against the Romanian government and the ANVSA at the Romanian Court of Appeal on 13th of March, 2014

FPAM calls on Romanian activists, rescuers and citizens who have witnessed cruelty and neglect in public "shelters", to join them in their lawsuit and to testify against the Romanian Government and the ANVSA.

INTRODUCTION:

On 21st of December, 2011 USL leaders Victor Ponta and Daniel Constantin, signed a cooperation protocol with the Federation for the Protection of Animals and the Environment headed by their Honorary President, Marius Marinescu, prohibiting the euthanasia of stray dogs through a legislative initiative, during a conference held at the Capital Hotel Rin. The agreement is valid until 21 December 2020.

PURPOSE:

Protecting the environment and animal rights in Romania.

OBJECTIVES:

1.The refer to permanent and will take steps to harmonize the Romanian legislation with the European one, considering the EU regulations, the European and global treaties and conventions profile. This will monitor the compliance and enforcement provisions of the Universal Declaration of Animal Rights (Paris, 1978), the World Health Organization recommendations (1992), the Treaty of Lisbon (2009), the Declaration of the European Parliament of 13 October 2011, the Kioto Protocol (1997), Protocol on Environment in Copenhagen (2009), Convention in Durban (2011) and other relevant international documents to which Romania is a party.

2.Uniunea Socilal-free and Federation for Animal Welfare and Environment will work to implement environmental policies and animals.

3. Will implement and Animal and Environment Police. The entity will operate though a single telephone number that that will operate at national level.

4. USL and Federation for Animal Welfare and Environment will monitor the work of the Executive, so stop and prevent abusive measures taken by the authorities, and violation of Roman law, the European regulations and European and global treaties and conventions on environmental protection and animal.

5. After consultation with the Federation for Animal Welfare and Environment, Social-Liberal Union will submit the Romanian Parliament in the legislative session in early 2012, a legislative initiative to the European Union regarding management of stray dogs by banning euthanasia.

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During the conference from 21st of December, 2011, Victor Ponta said that people should not think this collaboration protocol had been signed to get the votes from the Romanian animals... No, no, they signed this agreement out of concern for the country that they live in, and which is far more important than any political interest, Ponta said.

Of course...

Fact is that they have got the votes from the Romanian animal lovers on 10th of June, 2013 during their latest local elections. Their deal with FPAM, however, seems to have been forgotten!

On 10th September the Lower House of the Romanian Parliament voted GEO 155/2001 to legitimise a 'catch and kill' policy for all homeless animals. The terminology used during the debate at the parliament was 'eradication'.

On 25th September, 2013 Constitutional Court judge Petre Lăzăroiu, suggested that "the mass killing of stray dogs in Romania could traumatize the population"... then the entire place ruled to cull all dogs... and that the eradication of Romania's homeless animals - although it had been ruled unconstitutional in January 2012 - was now "constitutional"!

On 25th of September, the Romanian Constitutional Court had an opportunity to define whether Romania is a country worthy of being called civilized or whether it should be consigned to popular perception of a country unworthy of being considered anything other than barbaric, mismanaged, corrupt and dangerous. They chose the latter.

FPAM FILLED LAWSUIT AGAINST THE ROMANIAN GOVERNMENT AND THE ANVSA

On 31st of January, 2014 FPAM introduced a formal complaint to the Romanian Government which remained without response after the legal period of 30 days was exhausted. On 13th of March, 2014 FPAM - represented by their Honorary President, Mr Marius Marinescu - filed a lawsuit against the Romanian Government and the ANVSA at the Romanian Court of Appeal.

The goal of FPAM's action - according to the text taken from their website - is to stop the mass euthanasia of dogs by the authorities, and the cruelty which takes place in most cities in Romania (poisonings, shooting, torturing, etc...) with the help from representatives of DSVSA, ANSVSA implicitly, which from 2001 until now, did not take any legal measures against the local administrations for not solving the situation with stray dogs, neither against the trauma to which these animals have been subjected to by the local administrations, but instead, they managed to punish animal lovers and owners.

On 13th of March, 2014, FPAM opened a legal action in the Romanian Court of Appeal, against the Romanian Government, the ANSVSA included, asking the Court to force the above mentioned to modify or to void some articles from the Methodological Norms for Government Emergency Ordinance OUG 155/2001 (which later became law 258/2013). FPAM have also asked the Court to verify the legality of all the actions and administrative procedure prior to the Norms and also to inform the population about the measures they took from 2001 until now by the representatives of the local administration and why they had no results in stopping the phenomenon of the stray dogs over-population.

Furthermore, FPAM states that 80% of Romanian towns (cities, town, communes) have not organized services for the management of the stray dogs population - although the law obliged them to do so - and that they do not have public shelters for stray dogs as required, not even NOW. In the meantime, dogs die in these miserable public shelters all over Romania all the while the ANSVSA representatives sleep in their chairs.

►►►► URGENT CALL FROM FPAM

FPAM calls on Romanian activists, rescuers and citizens who have witnessed cruelty and neglect in public "shelters", to join them in their lawsuit and to testify against the Romanian Government and the ANVSA

Those from Romania who would like to show the illegalities committed by the local authorities and want to become material witnesses in this trial, are invited to sign up by filling in the form at the right side of the following page on the FPAM website.

Europeans who have visited public shelters in Romania can also participate in the trial in Romania as witnesses. What counts the most, is the material proof a witness can bring and not necessarily their presence in the trial.

All probative evidence, legalized at a notary is welcomed. Ideally it would be to be sent by land mail, and those who want to help in this manner should please contact:

Mihnea Columbeanu by sending and email at:

mihneacolumbeanu@yahoo.com

who is the legal representative of FPAM and who will advise you.

Thank you, in advance.

All information in English is compiled on our website, at:
http://www.occupyforanimals.org/romania---fpam-takes-legal-actions-against-the-romanian-government-and-anvsa.html