Miercuri, 19 12 2018
Nici nu-i legea că vrea banii: Evazionist încarcerat la Botoşani, gând în gând cu Tudorel zis „prietenul puşcăriaşilor”

Nici nu-i legea că vrea banii: Evazionist încarcerat la Botoşani, gând în gând cu Tudorel zis „prietenul puşcăriaşilor”

Un proiect al Ministerul Justiţiei, privind posibilitatea despăgubirii băneşti a foştilor deţinuţi care şi-au executat pedeapsa în condiţii improprii, le-a dat deja idei unora dintre aceştia. Un ieşean care a fost încarcerat în Penitenciarul Botoşani solicită 8 euro pe zi daune pentru 444 de zile petrecute după gratii.

 

Nici n-a fost adoptat încă proiectul de lege al Ministerului Justiţiei care vizează acordarea unor despăgubiri între 5 şi 8 euro pe zi foştilor deţinuţi care au executat pedeapsa în condiţii necorespunzătoare şi nu au profitat de legea recursului compensatoriu, că unii dintre posibilii „beneficiari” se şi îmbulzesc să dea lovitura. 

Închis pentru evaziune fiscală

Un fost condamnat care s-ar încadra în „condiţiile” anunţate de ministrul Tudorel Toader a luat deja calea Justiţiei. Dumitru Georgescu din comuna Cepleniţa, judeţul Iaşi, a dat în judecată Statul Român, prin  Ministerul de Finanţe, şi a cerut 3.776 de euro daune. Acesta precizează că a fost condamnat pentru evaziune fiscală, fiind închis în Penitenciarul Botoşani din 3 octombrie 2011 până în 12 decembrie 2012. A fost eliberat condiţionat în urmă cu peste 5 ani, printr-o decizie a Judecătoriei Botoşani.

 

„Decizia pilot a Curţii Europene prevede un recurs efectiv, recurs efectiv neînsemnând doar pentru cei pe care legea i-a prins în penitenciar, şi care au putut beneficia de 6 zile considerate executate, la 30 de zile în condiţii necorespunzătoare. Să ne imaginăm că cineva a ieşit din penitenciar cu o săptămână înainte de apariţia legii, şi atunci n-a mai beneficiat de recursul compensatoriu, şi Curtea Europeană spune că trebuie să le dăm şi lor despăgbiri băneşti, materiale, pentru perioada în care au stat în detenţie necorespunzătoare”

Ministrul Justiţiei, Tudorel Toader, la sfârşitul lunii martie 2018

 

Peste 17.000 de lei despăgubiri

Pentru cele 444 de zile de detenţie pe care susţine că le-a executat în condiţii improprii, fostul deţinut a solicitat câte 8 euro pe zi despăgubiri, în total 3.552 de euro. În acţiunea depusă la Tribunalul Iaşi, ieşeanul prezintă un calcul detaliat al daunelor care susţine că i s-ar cuveni. Astfel, pe lângă cei 8 euro pe zi pentru fiecare zi de detenţie, acesta solicită alţi 224 de euro pentru 28 de zile pe care le consideră ca executate în compensarea cazării în condiţii necorespunzătoare. „Vă solicit să dispuneţi obligarea statului român, reprezentat prin Ministerul Finanţelor Publice la plata sumei de 17.557 de lei despăgubiri (n.r.-3.776 de euro X 4,65 de lei) ”, se arată în acţiunea depusă la Tribunalul Iaşi de Dumitru Georgescu. Primul termen al procesului va fi pe 23 aprilie.

Condiţiile lui Toader

Ministrul Justiţiei, Tudorel Toader, a anunţat, luna trecută, că este în lucru un proiect de lege ce vizează acordarea de despăgubiri financiare deţinuţilor care au executat pedepsa în condiţii necorespunzătoare şi nu au beneficiat de legea recursului compensatoriu. Între 5 şi 8 euro pe zi se vehiculează că vor primi drept compensaţii financiare foştii condamnaţi. „Dacă sunt bani pentru deţinuţi, să plătească şi colegilor mei cele peste un milion de ore suplimentare. Nu sunt bani pentru şcoli, nu sunt bani pentru spitale, dar sunt pentru deţinuţi. Cred că din 2018 ar trebui introdus în Codul Muncii o nouă meserie: cea de deţinut. Tot se spune că CEDO ne obligă să-i despăgubim, Nu! CEDO ne obligă să îmbunătăţim condiţiile de detenţie”, a precizat Dorin Şcarlii, preşedinte Sindicat Penitenciarul Iaşi.

Potrivit reprezentanţilor sindicatelor din penitenciare, deţinuţii care au stat în condiţii improprii în perioada 2012-2017 ar putea primi despăgubiri cuprinse între 370 milioane de euro (la o despăgubire de 5 euro/zi/deţinut) şi 550 de milioane de euro (la o despăgubire de 8euro/zi/deţinut).

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