FPAM takes legal actions against the
Romanian Government and 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 Protocol was read publicly by Marius Marinescu before the actual signing of the document which is valid until December 21, 2020 - below online translation taken from an article published in the Romanian media:
The Cooperation Protocol was concluded BETWEEN:
Social-Liberal Union, represented by Mr. Victor Ponta, co-chairman, Mr. Antonescu, co-chairman, Mr Daniel Constantin, Co-chairman
And
Federation for Animal Welfare and Environment, represented by Mr. Marius Marinescu - honorary president, Mrs. Mirabela Dauer - honorary member, Mr. Mihai Constantinescu - honorary member, Mr. Mircea Serbanoiu - president, Ms. Paula Jacobs - senior vice president
PURPOSE:
Protecting the environment and animal rights in Romania.
OBJECTIVES:
1. To take steps to harmonize the Romanian legislation with the European Union, 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. USL and Federation for Animal Welfare and Environment will work to implement environmental and animal policies.
3. Will implement an Animal and Environment Police. The entity will operate through a single telephone number that will operate at national level.
4. USL and Federation for Animal Welfare and Environment will monitor the work of the Executive, to 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 and animal protection.
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.
FINAL:
Cooperation Agreement will be valid until 21 December 2020.
Social-Liberal Union and the Federation of Animal Welfare and Environment shall appoint three representatives to the establishment of a permanent joint commission that will be responsible for the smooth running of collaboration and practice provisions of the Protocol.
This Protocol was signed today, December 21, 2011, in two originals, one for each side.
At the conference, FPAM Honorary President Marius Marinescu handed a unique gift over to Victor Ponta: a black puppy named 'Norocica' which means 'Lucky' in English.
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 animal lovers... 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'. Since this date media frenzy has been created because of the death of a young boy under what remains dubious circumstances. However the stray animals were blamed and as a result of the media frenzy and the vote, a state of abuse of animals exists now in Romania. Animals and their owners and protectors were immediately, and still are, at serious risk. It must be remembered that many millions of Romanians are animal owners or protectors of the animals. This law has polarized Romania's society and made it dangerously divisive.
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.
Their approval of, and the implementation of GEO 155/2001 has produced worldwide condemnation and a perception that Romania is a country which introduces medieval practices and governs in a draconian mode. Most of the 'civilized' countries have introduced a 'Catch, Neuter, Vaccinate and Return' policy and now have very few homeless animals on the streets. This is a 21st century methodology.
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'. Since this date media frenzy has been created because of the death of a young boy under what remains dubious circumstances. However the stray animals were blamed and as a result of the media frenzy and the vote, a state of abuse of animals exists now in Romania. Animals and their owners and protectors were immediately, and still are, at serious risk. It must be remembered that many millions of Romanians are animal owners or protectors of the animals. This law has polarized Romania's society and made it dangerously divisive.
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.
Their approval of, and the implementation of GEO 155/2001 has produced worldwide condemnation and a perception that Romania is a country which introduces medieval practices and governs in a draconian mode. Most of the 'civilized' countries have introduced a 'Catch, Neuter, Vaccinate and Return' policy and now have very few homeless animals on the streets. This is a 21st century methodology.
FPAM's 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.
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:
FPAM by sending an email at: [email protected]
Thank you, in advance.
FPAM invita activistii romani pentru drepturile animalelor, ONG-uri, iubitori de animale, detinatori de animale, cetateni care au avidente materiale referitoare la adaposturile publice din Romania, cazurile de cruzime asupra animalelor, sa li se alature in acest proces, ca martori.
Pe partea dreapta a pagini: Pentru a fi martor în proces trebuie să fi prezent la instanţă şi să ai dovezi (documente, foto, video) din care să rezulte cruzimile faţă de animale în adăposturile publice, lipsa înfiinţării serviciilor de gestionare la nivelul Consiliilor locale, adăposturi necorespunzătoare, mizerabile, focare de infecţie, maltartarea animalelor, etc. " Exista si posibilitatea legala de a nu fi obligati sa va deplasati la Bucuresti la proces, dar marturiile dumneavoastra sunt absolut necesare pentru aceasta actiune legala.
Pentru informatii suplimentare va rugam sa contactati FPAM: [email protected]
Va multumim anticipat pentru colaborare.
First court session set for 12th of May, 2014
1.350 people have agreed to be material witness in the trial
On 12th of May, 2014 FPAM has the first court session for their legal action against the government and the ANSVSA where they ask for the annulment of the recent Methodological Norms for the 'Slaughter Law'.
Almost 2,000 people have joined their legal action and 1.350 people have agreed to be material witness in the trial. For the complete list of these people, please click here.
To all involved, and especially to the good people who have agreed to be material witness, we would like to express our gratitude, admiration and deepest respect for their courage and their determination in standing up against their corrupt government. BRAVO! You are all wonderful!
We salute you!
Almost 2,000 people have joined their legal action and 1.350 people have agreed to be material witness in the trial. For the complete list of these people, please click here.
To all involved, and especially to the good people who have agreed to be material witness, we would like to express our gratitude, admiration and deepest respect for their courage and their determination in standing up against their corrupt government. BRAVO! You are all wonderful!
We salute you!