Gabriel Păun takes the Râul Alb attack left unresolved by Romania’s justice system to the ECHR

Attackers who beat Agent Green’s president finally let off by the Court of Appeal

Gabriel Păun takes the case to the ECHR

Alba Iulia, 20 December 2023 – After 8 years and 7 months of investigation and court proceedings since the beating Gabriel Păun suffered in the Retezat Mountains, the Alba Iulia Court of Appeal decided today to forgive the attackers. Moreover, the court orders Gabriel Păun to pay 2500 lei to attacker Lascu Cornel in legal costs. In turn, Lascu Cornel must pay Păun 7000 lei in moral damages.

“Justice betrayed me anyway because it stood idle for so many years. This is a rare case in which the assault was filmed and the perpetrators identified. Of six individuals who beat me, only one came to trial, and he was ultimately forgiven. Their conviction should have been swift and severe. But this glaring failure of justice signals to wrongdoers that they can be violent and escape punishment,” warns Gabriel Păun, president of Agent Green.

The attackers were representatives of the local authorities and of S.C. ABI AUTOMOTION S.R.L, which began illegal works in the Râul Alb Valley in the Retezat Mountains. The works involved clearing forest areas on the slopes and concreting the riverbed to build small hydropower plants. The works were permanently stopped in court by the Natura 2000 NGO Coalition in 2016.

The case of the Râul Alb attack in May 2015 moved between prosecutors at PICCJ and the Hațeg Tribunal. Several prosecutors changed at PICCJ during the investigation, while the time bar came from the Hațeg Tribunal, thanks to the Romanian Parliament’s law. But the Court of Justice of the European Union (CJEU) ruled in July 2023 that decisions to discontinue criminal proceedings because of limitation periods are contrary to European law. Gabriel Păun appealed on the basis of the CJEU decision in early September 2023, but the Alba Iulia Court of Appeal disregarded that decision. Today the court dismissed as unfounded the appeal lodged by the civil party PĂUN GABRIEL against criminal judgment no.129/06.09.2023 delivered by the Hațeg District Court in case no.58/240/2022.

“I feel wronged and will apply immediately and without hesitation to the European Court of Human Rights (ECHR). Romania simply does not change its ways, although it is among the leaders in condemnations alongside Russia, Ukraine and Turkey. I wonder how our head of state and diplomats explain this situation when they are in international settings. I wonder whether Romania is ready for another condemnation because it failed to protect me and give me justice,” Păun stated. (Linked annual report: PDF in English.)

Legal costs ran into tens of thousands of lei for Gabriel Păun and Agent Green. During more than 8 years of investigation and proceedings, Păun had to return to Romania unexpectedly and at his own expense countless times. He was even thrown out of the prosecutor’s office merely for daring to ask politely for a coffee and a glass of water after travelling for 3 days straight from the other side of the planet. At one point, after several years of investigation, he was summoned again for questioning just to be asked whether he had changed his mind about the criminal complaint against the attackers. Moreover, 7 years after the attack, he was required to undergo MRI and CT scans again for the injuries suffered. Again at his own expense. All for nothing, as the attackers remain free.

“The shameful performance of Romania’s justice system encourages violence and endangers all whistleblowers in our country, in every field. This is not just my case, but that of every person who wants to make this country a better place,” Păun concluded.

Press contact:
Cătălina Rădulescu, Agent Green lawyer
catalina@agentgreen.org, +40 740 161 116