THE BILL OF INDICTMENT AGAINST THE PROFESSOR GRIGORE OPRITA
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Note: The English version faithfully respected all the language awkwardness, grammar mistakes and typing errors of the original document, pointing them out in the most blatant cases by the mention (sic!).
PUBLIC DEPARTMENT
BRASOV DISTRICT
APPEAL COURT
ATTORNEY'S OFFICE
The Organized Crime and Drugs Brigade
File nr. 318/P/2002
CONFIRMED
GENERAL PROSECUTOR
VIOREL ADRIAN SARAMET
BILL OF INDICTMENT
May 20, 2003
Valentin Horia Selaru, prosecutor for the Brasov District Appeal Court Attorney's Office,
After analyzing the content of the criminal pursuit documents in the case of the defendant OPRITA GRIGORE, investigated for having comitted the offences of nationalist-chauvinist propaganda cf. art. 317 Crim. Code and disseminating, selling, producing, also posessing, with the intention of spreading, fascist, racist and xenophobe symbols, cf. art. 4. Gov. Urg. Ord. nr. 31/2002 regarding the prohibition of the organisations and symbols with a fascist, racist or xenophobe character, and promoting the cult of persons guily of offences against peace and humanity
I EXPOSE THE FOLLOSING:
I. DEFINITIONS, CONCEPTS, DOMESTIC AND INTERNATIONAL NORMS
"Chauvin is the type of enthusiastic French soldier from the First Empire. The term of 'chauvinism' spread gradually, pointing to the excessive, total patriotism, manifested by a sincere but blind and unlimited, non-critical, admiration for one's homeland." - DORIN CIUCAN, study note, September 6, 2001.
Fascism refers to, stricto sensu, the regime instituted in Italy between 1922-1945, characterized by the doctrine of the unique party, the nationalistic exaltation and corporatism.
National-socialism is the political doctrine of German fascism, founded by Hitler, right after First World War, a doctrine exposed in his book "Mein Kampf", written between 1925-1927 in the Landsberg-am-Lech Fortress and dictated to his personal secretary, Rudolf Hess, a doctrine that became the ideology of the German National Socialist Labour Party, and in 1933, the official ideology of Hitlerist Germany.
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According to Petre Tutea,the difference between fascism and national-socialism on one hand, and the legionary movement, on the other hand, consists on the fundamental religious aspect of the latter, Christian, the others are considered secularised ("Between God and My People", Anastasia Foundation, Arta Grafica publishing, Bucharest, 1992, p. 286).
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According to art. 2 of the Urgent Ordinance nr. 31/2002, by fascist, racist and xenophobe symbols one means the flags, the emblems, the uniforms, the slogans, the greeting forms, and any other such signs, which promote the ideas, conceptions or doctrines mentioned at point a), meaning the fascist, racist or xenophobe ideas, conceptions or doctrines, such as hatred and violence on ethnic, racial or religious basis, superiority of some races and the others' inferiority, antisemitism, incitement to xenophobia, recourse to violence for changing the constituional order or the democratic institutions, extremist nationalism.
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II. CIRCUMSTANCES REGARDING THE STATUS QUO AND THE PERSON OF THE DEFENDANT OPRITA GRIGORE
Presently, a director at S.C. CURIER PRESS S.R.L. BRASOV, within the PRESS GROUP TRANSYLVANIA EXPRESS, the defendant Oprita Grigore, 35, superior education, graduating the Physics University, and is adherent to extremist nationalist ideas (see the photos identified during the searches a, vol. 1, chap. I, p. 53-59).
Between 1991-1992, Oprita Grigore lived in Germany, where he contacted representatives of various right-wing extremist movements and legionaires living in that country, by reading books written by well-known legionaires, after writing various critical articles against the situation in Romania, def. Oprita Grigore began "doubting that it's fair that any alien tastes the benefits of a civilization built through the locals' effort" - "HOW I BECAME A RIGHT-WING EXTREMIST", p. 5, published in 1998.
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Although he doesn't display it, he is an attentive observer of human psychology and, learning the ways of recruiting and indoctrinating, processing his message under the guise of innocent humorous articles, harmless assertions and questions or traps, def. Oprita Grigore edited and published many articles in the paper "GAZETA DE VEST" and in the books "HOW I BECAME A RIGHT-WING EXTREMIST" and "THE IRON GUARD".
Knowing the legal provisions that condemn the emerging of extremist, legionaire movements, def. Oprita Grigore declares: "ever more frequently one raises the method of processing the legionary ideological assets by a new generation. To successfully achieve this transfer of experience to the young ones, one should rigorously separate the substance from the image, since the formal manifestation associated with the fashion of the times when the Legion was a main force in the Romanian scenery can't be today else but obsolete" ("How I became a Right-Wing Extremist", p. 52, published 1998), "the legionaire frame of mind, based on Christian ethics, pure nationalism and faith, can't be understood through revelation, but only in time, using documents and patience, following the path of the Captain's six laws with a permanent character: the discipline law, the labour law, the silence law, the education law, the mutual help law, the honor law", p. 54, "those who want to walk in the footsteps of the Captain and Commander must have in view the elementary fact that the fight is carried by entirely other means than in the past (...) the few people engaged in the legionaire activity will have to identify amoung the young ones, today of high-school age, the worthy carriers of the nationalistic faith for tomorrow, thus guaranteeing the crystallization germ for a solid alternative to the disintegration that threatens the Romanian society", p. 30.
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Not disposing of efficient means to manifest his convictions, in January 11, 1999, together with Toma Liliana-Mariana and the witness Covaciu Dinu, def. Oprita Grigore founded S.C. ARBEIT M.F. S.R.L. BRASOV, a society registered to the COMMERCIAL REGISTER in January 28, 1999.
By justifying the same humorous, harmless, innocent reasons, the def. Oprita Grigore shows that he wanted his company's name to reflect the motive that lead to its inception - that of labouring, but - in fact – this company name hides behind it one of the most odious messages known in history: ARBEIT M.F. = Arbeit Macht Frei - LABOUR MAKES YOU FREE - the slogan posted at the entrance into the extermination camps.
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Observer of the nationalistic movements in Romania, in April 2000 def. Oprita grigore contacted TUDOR IONESCU - president of the "NEW RIGHT" CHRISTIAN FORUM - conceiving and printing the brochure entitled PRESENTATION BOOKLET.
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III. THE STATUS QUO, PROVING METHODS and ANALYSIS OF THE PROVING MATERIAL
1. Propaganda within the education institutions
During the 1992-1994 period, while functioning as physics professor at the Theoretical Highschool of Codlea town, Brasov district, the defendant thought of the means to recruiting the young people for educating them according to the legionaire spirit and beliefs.
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The defendant reason was given by the idea "to trigger a fight aimed against the sinking of the young generation into the moral misery where the political demagogy is pushing it", the moral contamination of the young generation being considered as "leading unavoidably to the ruining of the Romanian nation's foundations and its transformation into a flock of obedient beasts, at the mercy of occult forces" (see the introduction to the Regulations, p. 545).
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2. The Propaganda By the Papers Published In the Magazine GAZETA DE VEST
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The articles edited and printed in "Gazeta de vest" are conceived on a humorous background, but their content reveals the pursued aim, that of attracting new adherents.
For this purpose, we point to:
* Nr. 32, April 1994, includes the article: "70 PERCENT OF THE POLITICAL PRISONERS WERE LEGIONAIRES", about the problem of the "sacrifices for the people and Christianty" suffered by the Legionaire Movement.
* Nr. 107, March 1995, published the article "THE MYSTIC AND THE INTELLECTUAL FASHION", inside which one treats the problem of belief in God and of the negative effects towards faith, due to the existence of certain points of view outlined by certain specialists.
* Nr. 108, April 1995, contained the article "HOW ONE MANUFACTURES 'THE PUBLIC OPINION'", treating the problem of the globalisation of the media institutions.
* Nr. 109, May 1995, published the article "THE NEO-LEGIONAIRE SOCIAL THERAPY", where one shows "the prime responsibility is the one of adjusting the old forms to the present times' conjuncture and keeping intact the legionaire ideatic fund. As the publications 'Gazeta de Vest' and 'Cardinal Points' firmly argued for 4 years, no justified fear should exist that actualising the Legionaire Movement (it exists de facto, but not de jure) would represent any danger for national security ... The few people who engaged on the Captain's footsteps will have to identify amoung the young ones, today of high-school age, the worthy carriers of the nationalistic faith for tomorrow... If we are careful not to compromise this beginning, a general neo-legionary concept of actuality won't be late to appear."
* Nr. 110, June 1995, includes the article "THE FAMILY ETHICS IN THE NEW BOLSHEVISATION ERA", regarding the family issues.
* In the nr. 111, July 1995, the defendant Oprita Grigore published the article "ROMANIA AND THE ROMS' ESSENCE", treating the gypsies’ condition.
* Nr. 113, September 1995, includes the article "FROM THE HISTORY OF FASCISM" conceived on the skeleton of Mussolini's speech in Napoli, in October 24, 1922, but also expressing the defendant's beliefs: "Born at the beginning of the XXth century as an ideological reaction against the offensive of the materialistic determinism, the fascism emerges as a synthesis of the anti-Marxist unionist movement and of nationalism, to become, after two stormy decades, the first well matured political concept of our century, with a coherent doctrine and specific solutions for instituting a state of a new kind."
* The article "WHERE THE IMPORT OF TOLERANCE LEADS TO" is published in nr. 114, October 1995: "Here comes the end of the international year of tolerance! With a big fuss, concerts and festivals of tolerance paraded up and down, our ways were crossed by tolerance trains with youth from various countries viziting different settlements in Bucharest representing various religions, and one poured into our ears honeyed speeches of the potent people, preaching messages of tolerance. Will follow a winter of tolerance."
* Nr. 117, January 1996, contains the paper "THE CRUCIFIX AND THE JACK", presenting the fact that in Germany one has declared non-constitutional the presence of crucifixes in the classrooms.
* Nr. 122, June 1996, published the article "CONTRIBUTIONS TO THE BIG BUSINESS", about the issues of the "Schindler's List" movie.
* Nr. 125, September 1996, includes the article "THE OLD WORLD ORDER", about globalisation.
* Nr. 128, December 1996, contains the article "ONCE AGAIN, OUR GOOD LADS OLD/ HIT US FULLY WITH THE GOLD!", treating the issue of the demands expressed by the Jewish community to retrieve the gold deposited by the Nazis in the Swiss banks.
3. The Propaganda Through the Books "The Iron Guard", published in 1995, and "How I Became a Right-Wing Extremist", published in 1998.
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To be able to write his works, the defendant benefited by works of a nationalist extremist character, received from ideologists of the legionary movement living abroad, mainly articles from newspapers of this nature. The books skillfully speculate various articles appeared in recognised newspapers abroad, but adapting them to his own purpose, the great majority of the chapters being written under a hilarious guise.
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4. The Propaganda by Founding the Arbeit M.F. Company
In January 28, 1999, at the Brasov Commercial Register, there was registered the Commercial Society with the firm name ABEIT MF (sic!), having as a manager the defendant Oprita Grigore. Although he asserts it has no connection with the historically known slogan ARBEIT MACHT FREI translated LABOUR MAKES YOU FREE, a slogan posted by the Nazis at the entrance into the extermination camps, under this name one functioned until the date of May 19, 2003, the defendant having the electronic postal box ArbeitMF(arbeit@arbeit.ro), an Internet site and he rented the postal box C.P. 132 at the Post Office nr. 2 Brasov.
Due to the activities deployed on the internet and to his messages with xenophobe content, in September 7, 2002, the defendant reveices the following message: "You lousy creep! Perhaps Arbeit macht frei is the idea behind which your address is hiding! I find a special pleasure in following the PRO TV news - once with the axe, once with the knife. Only a nation that brought forth a Codreanu and his bunch of sonovabitches can be in the situation that you are. You are a people of drunkard and backward gypsies. All you know is to lick the ass of the Westerners to receive some alms and, perhaps to accept you in the NATO and EEC. The Guard AS LIKE Captain" (sic!) - (see vol. 1, chap. V, p. 621)
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5. The Proaganda by Cooperating with the NEW RIGHT Organisation, Namely With the Witness MOLNAR VASILE ANDREI
After March 14, 2000, when was registered at the Bucharest Court the Organisation New Right Christian Forum, the defendant Oprita Grigore contacted the president of this one, the named Tudor Ionescu, following the conception and printing to this purpose a PRESENTATION BOOKLET (vol. 2, p. 89-97) for the organisation, booklet where one shows that its objective has as a ultimate goal the conquest of power, the organisation being open to all men and women in their blood community, who are attached to their mutual historic, biologic and cultural heritage.
Following this, in the nr. 1/2000 of the Nationalist Fight and Information Gazette NEW RIGHT, one clearly resumes the ideas presented in the booklet, namely: "solving the gypsy problem, fighting the sectarian proselytism, preventing the emigration, oposing the legalisation of homosexuality ".
At the same time, by the means of Tudor Ionescu, the defendant Oprita Grigore met the witness Molnar Vasile Andrei, a person who adheres to the extremist nationalistic and racist ideas, but who feels that the way of acting in this sense should be active and direct, inspired from the extremist nationalist movements existing in France, his residing country since 1991.
To be able to make a propaganda for the organisation's ideas, by cooperating with the witness Molnar Vasile Andrei, the defendant Oprita Grigore printed posters of various content and by which one tried to nurture feelings of conceit resulting from belonging to a nation and of adversity towards the Romanians who belong to other ethnic groups, respectively Rromani.
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Also, in cooperation with the witness Molnar Vasile Andrei, the defendant conceived the work "The Political Activist Guide" presented in a printed form too, but with another denomination: "Supreme Order - A Supremacism Guide"
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From the analysis, it results that the defendant was prepareing a backup version, in case that the activity of cooperating with Molnar Vasile Andrei and the New Right Organisation reached a dead-end, since in "The Supremacism Guide", at the chapter organising, he shows: "at this moment, one can recommend as an organisational model the Christian Forum New Right".
Symbolistically one shows that "the supremacist symbol is the one on the cover being created in 1999 when a flag with this insign was installed on the Moldoveanul mountaign peak too, the central sign representing a stylised cross that turns clockwise."
So, the defendant approaches another symbolism than the one presented by those from the New Right that he was supporting, respectively the Celtic Cross, met also at other nationalistic organisations of an extremist orientation in Europe, namely in Germany, Poland and France.
The green colored flag that bears the stylistic sign of a cross points out obviously to his legionary beliefs, being of notoriety that the legionaries were also called "the green shirts" due to the wore attire.
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This guide is proven as being the fruit of a cooperation between the defendant and the witness Molnar Vasile Andrei, both knowing the emergence of G.U.O. 31/2002, in this sense conceiving it as not to attract the authorities attention. Beginning in April 5, 2002, Molnar writes: "...for the POLITICAL SOLDIER magazine... the cover will be IF WE DON'T WAKE UP, ALL OF US WILL BECOME THE JEWS' SLAVES", and the defendant replying: "...we should also keep account of this imbecile ordinance (that as we aren't allowed to tack the Juden and gypsies).
6. The Propaganda by the Compilation Stocked on CD and Named "All About the Iron Guard"
In parallel with the above described activities, the defendant Oprita Grigore diversified the deployed propaganda, by conceiving and trading, under the aegis of the S.C. Arbeit MF S.R.L. company, Brasov, a CD with the title "All About the Iron Guard", the result of this action being materialised in delivering at least 129 such compilations that include a "history" about legionaries and the Iron Guard, at a cost of 300,000 lei/apiece.
I asserted history in guillemets, because the compilation is nothing else but a reunion of several works written by known legionaires or representatives of the legionary movement: Corneliu Zelea Codreanu, Horia Sima and others, presented only from their own point of view, the compilation not offering the making of an objetcive analysis by the reader or to offer also other sources that present a different point of view.
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7. The Propaganda by the Magazine ASSAULT
In the same way, of the extremist nationalistic propaganda, legionary, racist and xenophobe, and to obtain financial sources for supporting his actions, the defendant Oprita Grigore conceived, edited, printed and distributed in clandestine conditions a so-called bi-monthly informative bulletin entitled ASSAULT.
Under the name of the Arbeit MF firm he rented a postal box at the Post Office 2 Brasov, he obtained from informations existing on the internet the addresses of all the Romanian highschool where he started to distribute the magazine for 120,000 lei, the education institutions being taken in sight by means of the history departments.
Apparently the bulletin seems to be another source of information with a so-called historic character, that could interest a history teacher. One can accept this point of view relating the teacher, since due to the knowledge obtained during the university studies he possesses the necessary knowledge for making an analysis, but in fact the defendant meant something else: to identify those persons who would have similar ideas to his, for further implementation of an older wish of his, the creation of the young brotherhoods in highschools.
The content of the proving material proves that the defendant conceived "correctly" this recruiting method, since the magazine's distribution was followed by grateful letters from several persons and even orders for all the published numbers.
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8. Activities of Coalescing All the Nationalist-Extremist Movements, with the Same Convictions as His, In One Organisation, and of Identifying Some New Denominations to Make Propaganda at Several Levels
In his proganada activity, the defendant Oprita Grigore organised the coalescing under the same "umbrella" of the whole legionary, nationalist-extremist movement in Romania.
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The above exposed facts, at points 1-8 represent the specific activities of propaganda deployed by the defendant Oprita Grigore, but they didn't happen independenly, all being combined to give a maximum efficiency to the pursued goal: propaganda and recruitement of new adherents, the propaganda being proved by the correspondence discovered during the prosecuting and being found in vol. 1, chap. V, p. 461-467 corroborated with those included in vol. 5, p. 1-154.
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Between August 31, 2002 - September 2, 2002, the defendant took part in Poland, together with the named Tudor Ionescu and others, at the Nationalist European Jamboree "Sword&Cross", organised by a nationalist movement named NOP (Narodowe Odrodzenie Polski).
After his return, beginning in November 15, 2002, between the defendant and the New Right representativess began the preparations for a specific propaganda action of this organisation and fight against globalisation.
Based upon the agreements realised by the means of internet, the def. Oprita Grigore printed a number of 4000 posters meant for the active branches of the New Right in the towns of GALATI, BRAILA, IASI, TULCEA, BRASOV, GIURGIU, TELEORMAN and PLOIESTI.
In November 22, 2002, the witnesses Florea Florin, Dumitru Cristian, Aron Cristian and Negruta Maria came to Brasov to take the posters for nationwide distribution, but before they left, during the night of November 22/23, 2002 (in November 23, 2002, took place the official visit in ROMANIA of the President of the UNITED STATES OF AMERICA).
We mention that these posters do not meet the requirements of a criminal action as previewed by the Criminal Code or G.U.O. nr. 31/2002, the four witnesses receiving ordinary penalties.
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For the above exposed considerings,
Based on art. 262 point 1 let. a Criminal Proceeding Code,
I DISPOSE
Starting of the criminal action and sending to trial, in freedom, of the defendant OPRITA GRIGORE (...) for having comitted the crimes of
* Nationalist-chauvinist propaganda cf. art. 317 Cr.C. and
* Distributing, selling, producing, as also possesing, with the purpose of spreading, of fascist, racist and xenophobe symbols cf. art. 4 of G.U.O. nr. 31/2002 relative to the prohibition of organisations and symbols with a fascist, racist or xenophobe character and promoting the cult of persons guilty of having commited crimes against peace and humanity, with applying of art. 33 let. a Cr.C.
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ADDITIONAL DATA
cf. art. 263 rep. to art. 260. Cr.Pr.C.
Given the facts for which the defendant Oprita Grigore is to be tried, considering that one could affect some state interests, we request to the Court to made the application of the prev. of art. 290 par. 2 Cr.Pr.C. and declare secret session all during the trial of the case.
PROSECUTOR
Valentin Horia SELARU
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