{"id":3419,"date":"2020-06-08T19:38:10","date_gmt":"2020-06-08T16:38:10","guid":{"rendered":"https:\/\/zdg.md\/en\/?p=3419"},"modified":"2020-06-10T19:44:09","modified_gmt":"2020-06-10T16:44:09","slug":"braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars","status":"publish","type":"post","link":"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/","title":{"rendered":"Bragu\u021ba Case: Three Cases, Over 20 Defendants and One Defendant Behind Bars"},"content":{"rendered":"\n<p><strong>Three years after Andrei Bragu\u021ba, a 32 years old man, died in police custody, three criminal cases were initiated, involving over 20 people among whom are police officers, Bragu\u021ba\u2019s co-detainees, and medical staff. However, from the 20 persons involved only one defendant is serving his prison sentence. At the same time, the prosecutor who handled the case of Bragu\u021ba\u2019s arrest and the judge who issued an arrest warrant for Bragu\u021ba, were fired, but both of them want to return to work in the system and appealed the decisions in the court. In 2017, Bragu\u021ba died after being cruelly beaten in the Chi\u0219in\u0103u Detention Center.<\/strong><\/p>\n\n\n\n<p>George Floyd, an American black man, was mistreated by a police officer and died. Floyd\u2019s death sparked protests in the United States and other countries in the world. In August 2017, Andrei Bragu\u021ba was killed while being in police custody. Although three years have past since then, the case didn\u2019t reach an end. Bragu\u021ba\u2019s case has several similarities with Floyd\u2019s case.&nbsp;<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>The First Bragu\u021ba Case is Analyzed by the Magistrates for Seven Months<\/strong><\/h2>\n\n\n\n<p>In the first Bragu\u021ba case were sentenced four detainees and two police officers. The Chi\u0219in\u0103u Court sentenced a guard and a detainee to four and five years in prison with execution. Three other former detainees and a guard were sentenced and their sentences were suspended. In the end, the guard was acquitted.&nbsp;<\/p>\n\n\n\n<p>Since October 2019, the first Bragu\u021ba is assessed by the magistrates from the Chi\u0219in\u0103u Court of Appeal. The case reached the Court of Appeal after the victim&#8217;s lawyers challenged the decision of the first court, because Bragu\u021ba family considers the punishments applied to those guilty of a person\u2019s death too lenient.<\/p>\n\n\n\n<p>Ziarul de Gard\u0103 asked Bragu\u021ba family\u2019s lawyer about the first Bragu\u021ba case.&nbsp;<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"alignright size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"236\" height=\"260\" src=\"https:\/\/zdg.md\/en\/wp-content\/uploads\/2020\/06\/image-10.png\" alt=\"\" class=\"wp-image-3429\"\/><\/figure><\/div>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p><strong>&#8220;At the end of February, the meeting was scheduled to take place in May. But the meeting did not take place due to two situations: the pandemic, and the resignation of Mr. Ple\u015fca, who was part of the panel of judges. A new panel of judges is to be established. And we are already waiting for a new hearing,&#8221; mentioned the Bragu\u021ba family&#8217;s lawyer, Vadim Vieru.<\/strong><\/p><\/blockquote>\n\n\n\n<p><strong>Ziarul de Gard\u0103<\/strong> spoke with Ruslan Lupa\u0219cu, the prosecutor of the case. Lupa\u0219cu told us that the last hearing at the Court of Appeal (February 17, 2020) was postponed due to the fact that one of the defendants fell ill and did not appear at the court hearing.<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p><strong>&#8220;There are many participants in the trial. There are seven defendants, and many lawyers, two prosecutors, and two representatives of the injured party. Everyone was present, but due to a defendant, who invoked teeth pain, the meeting did not take place,&#8221; Lupa\u0219cu told us.<\/strong><\/p><\/blockquote>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>The Second and the Third Case of Bragu\u021ba II Are in the First Court<\/strong><\/h2>\n\n\n\n<p>The second case of Bragu\u021ba includes 13 police officers who were at work during the period when Andrei Bragu\u021ba was in the detention facility. The police officers are accused of inhuman treatment. The case is in the first court. According to the case prosecutor, 12 of the 13 accused police officers have already been interrogated and none of them admits their guilt.<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"alignright size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"312\" height=\"260\" src=\"https:\/\/zdg.md\/en\/wp-content\/uploads\/2020\/06\/image-11.png\" alt=\"\" class=\"wp-image-3430\"\/><\/figure><\/div>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p><strong>&#8220;We stayed at the hearing of the last defendant. Twelve have already been heard. This is already the final stage. All defendants have testified. They are cooperating with the trial, but do not admit guilt. I can\u2019t provide data on their punishment if they are found guilty because I will not be fair. We make an analysis of all the circumstances that were established in the investigation (both in the criminal investigation phase and in the judicial phase) at the end.&nbsp; We individualize the punishment for each of the defendants, considering all the circumstances. They are accused of violating art. 167 paragraph two, which provides for seven to eight years in prison, a fine and deprivation of the right to hold any official position,&#8221; the prosecutor told us.<\/strong><\/p><\/blockquote>\n\n\n\n<p><strong>On June 16, the next court hearing in the second case of Bragu\u021ba will take place at the Chi\u0219in\u0103u Court, Buiucani District.<\/strong><\/p>\n\n\n\n<p>The third case was opened after Bragu\u021ba\u2019s death. The case investigates doctors and medical staff who did not provide Bragu\u021ba with the necessary care. The case has reached the magistrates of the Chi\u0219in\u0103u Court. The first court hearing was set in June. According to Bragu\u021ba family\u2019s lawyer, Vadim Vieru, none of the accused admits their guilt.<\/p>\n\n\n\n<p>Following Andrei Bragu\u021ba\u2019s death, three cases were opened. Three years passed from Bragu\u021ba\u2019s death, but there is only one defendant in prison out of 20 persons who are accused. Bragu\u021ba family\u2019s lawyer, the Bragu\u021ba case is complex. This is why several defendants were not sentenced.&nbsp;<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p><strong>&#8220;Currently, there is only one person behind bars. The person behind the bars is one of the co-detainees with whom Mr. Andrei Bragu\u021ba was placed. The rest are investigated at large. With regret, a person was acquitted in the first case. The person was not convicted on any charge.<\/strong><\/p><\/blockquote>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p><strong>There are two factors. The objective factor is that this case (the one from the Court of Appeal) is a complex case. There were many meetings and expertise was performed. We will insist on a maximum penalty to be applied. In the second case, there is a very large number of defendants. There were situations when the defendants or the defendants&#8217; lawyers did not appear. According to the law, the hearing could be postponed if one of the 13 defendants or a lawyer is absent. There is a large number of persons involved in the case. This is why the case lasts for so long,\u201d explained the Promo-Lex lawyer, Vadim Vieru.<\/strong><\/p><p><\/p><\/blockquote>\n\n\n\n<p>On August 15, 2017, Andrei Bragu\u021ba was detained, after the police tried to stop a Volkswagen Passat for exceeding the speed limit.<\/p>\n\n\n\n<p>According to the prosecutor, when Bragu\u021ba was stopped he was drunk. He was detained for 72 hours and taken to the Detention Center. Later, he was accused of using physical force on police officers.<\/p>\n\n\n\n<p>On August 17, 2017, prosecutor Ivan Filimon informed Bragu\u021ba of the accusation. The next day, the prosecutor went to court, requesting 30 days of arrest. Bragu\u021ba was sentenced to 30 days of arrest and was transferred from pre-trial detention facility to Penitentiary no. 13.&nbsp;<\/p>\n\n\n\n<p>On August 21, 2017, Filimon changed his mind, requesting the authorization of Bragu\u021ba&#8217;s hospitalization in the Clinical Psychiatric Hospital in Chi\u0219in\u0103u for 30 days, for the performance of the psychiatric examination in inpatient conditions. The prosecutor justified his approach by the fact that he found out that Bragu\u021ba <strong>was monitored by a psychiatrist since 2012.<\/strong><\/p>\n\n\n\n<p>The next day, the judge admitted the prosecutor&#8217;s request and <strong>ordered Bragu\u021ba&#8217;s hospitalization in the Psychiatric Hospital starting with August 23, 2017 and until September 22. <\/strong>After several suspicious circumstances, Bragu\u021ba wasn\u2019t hospitalized in Psychiatry, although there was a court decision.<\/p>\n\n\n\n<p><strong>On Agust 29, 2017, Bragu\u021ba died in the Pruncul Penitentiary. The direct cause of death was established as respiratory failure, purulent bronchopneumonia, a fact confirmed by the ascertaining medical certificate.<\/strong><\/p>\n\n\n\n<p>However, his relatives claimed that the man was beaten in the penitentiary, where he was placed in pre-trial detention for 30 days. Bragu\u021ba\u2019s relatives claimed that there were traces of violence on his body.<\/p>\n\n\n\n<p>The prosecutor&#8217;s office published video images showing that Bragu\u021ba was brutally beaten in the isolator by his cellmates. The guards in the isolator did nothing to stop Bragu\u021ba\u2019s cellmates who were beating him. In October 2017, the co-detainees were investigated in pre-trial detention, and the police officers &#8211; under house arrest.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>The Judge and Prosecutor Who Made the Decisions in the Bragu\u021ba Case are Fighting to Return to the System<\/strong><\/h2>\n\n\n\n<p>Prosecutor <strong>Ivan Filimon<\/strong>, who handled the case and Judge Iurie Obad\u0103, who issued an arrest warrant for Bragu\u021ba, were fired. Filimon challenged the decision by which he was dismissed in court. In September 2019, the Chi\u0219in\u0103u Court of Appeal rejected his request to terminate his disciplinary proceedings.<\/p>\n\n\n\n<p><em>\u201cThe Civil College declares as unfounded the argument that the disciplinary procedure should be examined in two months.&nbsp; The court considers as reasonable the term for examining the disciplinary case regarding the Prosecutor in the Chi\u0219in\u0103u Prosecutor&#8217;s Office, Ciocana District, Ivan Filimon.<\/em><\/p>\n\n\n\n<p><em>The Civil College did not find any violation in restricting the right to defense, violating the principle of the presumption of innocence, ignoring the defense witnesses or rejecting the request to send interpellations, according to Article 6 of the European Convention on Human Rights.&nbsp;<\/em><\/p>\n\n\n\n<p><em>Regarding the arguments that he could not have submitted an application regarding his hospitalization in a psychiatric institution, only on the grounds that the person was aggressive and behaved inappropriately, the Civil College notes that the prosecutor did not take any measures to establish the cause of Andrei Bragu\u021ba&#8217;s misconduct on 16 August 2017. From the materials of the disciplinary case, and the plaintiff\u2019s explanations, the prosecutor also didn\u2019t consult doctors or medical documents prepared following the medical workers&#8217; visits to the detained person, but considered that Andrei Bragu\u021ba was delusional due to the state of withdrawal in which he was after drug use,\u201d it<\/em> is mentioned in the decision of the Court of Appeal.<\/p>\n\n\n\n<p>Ivan Filimon appealed to the Supreme Court of Justice. The meeting was postponed to June 17 this year.<\/p>\n\n\n\n<p>Judge <strong>Iurie Obada<\/strong> also challenged his dismissal to the Superior Council of Magistracy at the Chi\u0219in\u0103u Court of Appeal. At the last court hearing, Judge Anatol Pahopol admitted Obada&#8217;s request to verify the constitutionality of some provisions of the legislation. Subsequently, the examination of the case was suspended.<\/p>\n\n\n\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"740\" height=\"174\" src=\"https:\/\/zdg.md\/en\/wp-content\/uploads\/2020\/06\/image-9-740x174.png\" alt=\"\" class=\"wp-image-3420\" srcset=\"https:\/\/www.zdg.md\/en\/wp-content\/uploads\/2020\/06\/image-9-740x174.png 740w, https:\/\/www.zdg.md\/en\/wp-content\/uploads\/2020\/06\/image-9-360x85.png 360w, https:\/\/www.zdg.md\/en\/wp-content\/uploads\/2020\/06\/image-9-768x181.png 768w, https:\/\/www.zdg.md\/en\/wp-content\/uploads\/2020\/06\/image-9.png 963w\" sizes=\"auto, (max-width: 740px) 100vw, 740px\" \/><\/figure>\n\n\n\n<!--nextpage-->\n\n\n\n<p class=\"has-small-font-size\">The texts from the page www.zdg.md are taken over within the maximum limit of 1,000 signs. The direct link to the downloaded article must be indicated in the case of web pages, IN LEAD, mandatory. At least one more hyperlink to the primary source must be indicated in the text. The media institutions that take articles or images for TV or radio shows will cite the source, and the printed editions will indicate the source and the author of the information. The materials on www.zdg.md are protected by Law 139 on copyright and related rights, including the Code of Ethics for Journalists in the Republic of Moldova. The full takeover of ZdG materials can be done only under the conditions of a prior agreement with the editorial office.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Three years after Andrei Bragu\u021ba, a 32 years old man, died in police custody, three criminal cases were initiated, involving over 20 people among whom are police officers, Bragu\u021ba\u2019s co-detainees, and medical staff. However, from the 20 persons involved only one defendant is serving his prison sentence. At the same time, the prosecutor who handled&#8230;<\/p>\n","protected":false},"author":9,"featured_media":3428,"comment_status":"open","ping_status":"open","sticky":true,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[3,20,10,21],"tags":[74,73,48],"autor":[111],"class_list":["post-3419","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-investigations","category-justice","category-news","category-recomended","tag-judges","tag-justicesystem","tag-moldova","autor-alina-frunza"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v24.3 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Bragu\u021ba Case: Three Cases, Over 20 Defendants and One Defendant Behind Bars - Ziarul de Gard\u0103<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/\" \/>\n<link rel=\"next\" href=\"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/2\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Bragu\u021ba Case: Three Cases, Over 20 Defendants and One Defendant Behind Bars - Ziarul de Gard\u0103\" \/>\n<meta property=\"og:description\" content=\"Three years after Andrei Bragu\u021ba, a 32 years old man, died in police custody, three criminal cases were initiated, involving over 20 people among whom are police officers, Bragu\u021ba\u2019s co-detainees, and medical staff. 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However, from the 20 persons involved only one defendant is serving his prison sentence. At the same time, the prosecutor who handled...","og_url":"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/","og_site_name":"Ziarul de Gard\u0103","article_publisher":"https:\/\/www.facebook.com\/zdg.md","article_published_time":"2020-06-08T16:38:10+00:00","article_modified_time":"2020-06-10T16:44:09+00:00","og_image":[{"width":1920,"height":1020,"url":"https:\/\/www.zdg.md\/en\/wp-content\/uploads\/2020\/06\/andrei-braguta-sora-sa-si-tatal-1920x1020-c-default.jpg","type":"image\/jpeg"}],"author":"Cristina Carmanu","twitter_card":"summary_large_image","twitter_creator":"@ZiarulDe","twitter_site":"@ZiarulDe","twitter_misc":{"Written by":"Alina Frunza","Est. reading time":"9 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/#article","isPartOf":{"@id":"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/"},"author":{"name":"Cristina Carmanu","@id":"https:\/\/www.zdg.md\/en\/#\/schema\/person\/d623cbc9e196fec78044598c7c770cc9"},"headline":"Bragu\u021ba Case: Three Cases, Over 20 Defendants and One Defendant Behind Bars","datePublished":"2020-06-08T16:38:10+00:00","dateModified":"2020-06-10T16:44:09+00:00","mainEntityOfPage":{"@id":"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/"},"wordCount":1784,"commentCount":0,"publisher":{"@id":"https:\/\/www.zdg.md\/en\/#organization"},"image":{"@id":"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/#primaryimage"},"thumbnailUrl":"https:\/\/www.zdg.md\/en\/wp-content\/uploads\/2020\/06\/andrei-braguta-sora-sa-si-tatal-1920x1020-c-default.jpg","keywords":["#Judges","#JusticeSystem","#Moldova"],"articleSection":["Investigations","Justice","News","Recomended"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/","url":"https:\/\/www.zdg.md\/en\/braguta-case-three-cases-over-20-defendants-and-one-defendant-behind-bars\/","name":"Bragu\u021ba Case: Three Cases, Over 20 Defendants and One Defendant Behind Bars - 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