To: ADMINISTRATIVE TERRITORIAL UNIT – MUNICIPALITY OF PAȘCANI
To the attention of: Mayor of Pașcani Municipality, Mr. PINTILIE Marius Nicolae
Dear Mayor,
The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) hereby responds to the letter from the Pașcani Municipal Administration No. 20749/05.09.2025, noting the following aspects:
- To our surprise and deep disappointment, we note that the municipality (UAT Mun. Pașcani), in its response, not only attempts to minimize the seriousness of the incident, but also seems to be unjustifiably justifying the violent actions of its agents, selectively invoking legal provisions in an attempt to turn the victim of serious abuse into the guilty party.
- FACIAS considers that in this case, the severity of the abuse proven by video evidence and witness statements contradicts the police officers' version and would have justified, in addition to the immediate initiation of a disciplinary investigation, as we requested, a distancing of the mayor's office from the abusive actions of the two police officers and at least a moral condemnation of their actions.
- In addition to the above, we would like to add that waiting for the criminal investigation to be completed can take months or years, during which time the agents remain in office and can commit further abuses, and it seems that the municipality (UAT Mun. Pașcani) accepts this situation. Otherwise, it is inconceivable that in its response, your institution would state that "the officers complied with the legal provisions regarding the transfer of the person to the Local Police headquarters, handcuffing Obreja Viorel, as he was resisting arrest”.
- It is incomprehensible what kind of resistance an elderly, retired man could have put up to be brutalized in that way (pushed onto the road and having his airways obstructed by being pressed down with a foot), which caused him to have a heart attack.
- The city hall invokes the provisions of Article 20(f) and Article 24 of Law 155/2010, emphasized ostentatiously, to justify the use of force by agents.
- We believe that your institution's response deliberately ignores the essential conditions imposed by law for the exercise of these powers, namely:
- 20 lit. f) stipulates that force must be used proportionately to the situation. Witnesses and images from the scene prove that Mr. Obreja, a 70-year-old man with heart problems, was not aggressive and did not represent a threat. The so-called "intervention" consisted of forcibly pulling the person down, knocking him to the ground, pressing his neck with a knee, handcuffing him, and holding him down until the ambulance arrived.
- These actions are clearly disproportionate and contrary to the principle of legality.
- Furthermore, Article 24 (2) (d) stipulates that means of intervention may be used against persons who "oppose or fail to comply, by any means, with the lawful requests of police officers (...), but ONLY if there is a legitimate fear for the physical integrity or life of the police officers.
- In this case, there is no indication that Mr. Obreja posed a threat. On the contrary, he was alone, elderly, and physically vulnerable..
- Furthermore, Article 24 (4) stipulates that the use of force "shall not exceed what is necessary" to prevent aggressive actions, but the actions of the officers clearly exceeded any "necessary" level.
- We further note that the municipality (UAT), by invoking provisions that were not necessary to respond to FACIAS' initial letter, appears to be attempting to blame the victim instead of clearly distancing itself from the two police officers.
- The response from the mayor's office also refers to Article 18 of Ordinance No. 2/2001 and Article 2 (1) (31) of Law No. 61/1991, suggesting that Mr. Obreja Viorel committed an offense by refusing to identify himself.
- Even in the absurd scenario that the victim committed a misdemeanor by refusing to show identification (a fact disputed by witnesses), the response to a minor offense can never be brutal physical violence and the traumatization of a vulnerable person.
- We point out that excessive use of force without legal justification constitutes an abuse of power on the part of those who are supposed to protect citizens.
- In conclusion, FACIAS considers that the mayor's response can be interpreted as a serious act of institutional defense of local police officers who violated the law they are required to enforce, minimizing the suffering of a vulnerable victim.
- S-ar fi impus ca într-o asemenea situație instituția pe care o conduceți să procedeze la condamnarea cel puțin la nivel moral a celor doi polițiști locali, și chiar prezentarea de scuze victimei.
- FACIAS will closely monitor this case and will not hesitate to appeal to all competent national and international courts to ensure respect for human rights and the rule of law.
- Abuses committed by law enforcement agencies can never be tolerated in a democratic society.