October 10, 2021
Freedom, While I Still Can
#Freedom! I say it plainly, while I still can here, and I urge you first of all to fight for your Freedom: take to the streets! And, as usual, I urge you to #Boycott! For…
I do not know how others are… how they can say almost anything, at any time; but I, ever more often and ever more devoid of any semblance of justification, am blocked on fb!
Today I became (partly) free again.
A conditional freedom and, obviously, under surveillance.
For the post of 2 October (a partial screenshot of which I leave below) I received a week of virtual prison. And another 3 MONTHS of a ban on going live (3 months coming after another month and a half of a ban)… that is, exactly as long as the campaign of gathering signatures for #TheSovereigntyLaw will last… a coincidence, of course!
I do not know what I say that is so bad for them, but it is certain that they do not at all like what I say, or how.
I am beginning to think they are actually afraid…
And that makes our undertaking all the more legitimate!
I shall not stop: I shall go on telling that truth which hurts them!
What matters is that we are still together. I was unable to comment either on the turning of Cîțu into dust (may he at least like what he has become!) or on the little Facebook apocalypse… but we got the work done:
The Sovereignty Law is ever more present in the consciousness of the Romanian. Sign it!
And, I almost “forgot”… on Thursday, together with 42 other citizens, I lodged with the NATIONAL AUTHORITY FOR CITIZENSHIP an application FOR THE WITHDRAWAL OF ROMANIAN CITIZENSHIP from one Raed Arafat.
The application reads as follows:
The undersigned …
pursuant to the provisions of art. 32(1) in conjunction with art. 25(1)(d), final sentence, of Law no. 21/1991, republished and as subsequently amended, submit the following
NOTIFICATION FOR THE WITHDRAWAL OF ROMANIAN CITIZENSHIP
from one Raed Arafat, at present holding the office of Secretary of State and Head of the Department for Emergency Situations (DSU) within the Ministry of the Interior,
for the intentional breach of the provisions of art. 20(5) of Law no. 21/1991, republished and as subsequently amended, in conjunction with art. 16(1)–(3) and art. 53 of the Constitution of Romania, on the following
GROUNDS:
In fact, on 04.10.2021, the said Raed Arafat, in his capacity as “Commander of the operation”, issued Order no. 9490 on the institution of certain measures necessary at the level of public health units with beds for combating the pandemic of the SARS-CoV-2 virus, by which there was ordered, at the level of the country’s hospital units, the suspension of admissions for a period of 30 days for surgical interventions and for other treatments and medical investigations, with the exception of emergencies, pregnant women requiring obligatory check-ups, patients with chronic oncological conditions and patients requiring dialysis.
In this context, the said Raed Arafat stated at a press conference that he had been told — without specifying by whom — that the Order in question need not be published in the Official Gazette, and then acknowledged that the document does not comply with the Constitution: “It is an order which is already published on all the media sites and everywhere. It is not among the orders that we were told had to be published in the Official Gazette. Besides, it is an order of management and triage in a disaster situation and, I am very sorry, if disaster medicine is not in accordance with the Constitution, I, as a doctor, until I am told to stop BECAUSE OF THE CONSTITUTION, must observe the saving of life and the principles I have learned in this field.”
Worth mentioning is that Raed Arafat’s statements came also in reply to the declarations of the Ombudsman, Renate Weber, who took up the matter of her own motion, stating in a press release that the right of citizens to medical assistance in health units cannot be restricted, given that for them there is no option other than to have consultations and medical procedures carried out in the private sector. What is more, the Ombudsman stated that where the suspension of admissions for surgical interventions is effected by an administrative act (order) issued by an administrative body without legal personality (the Department for Emergency Situations), or by order of the Minister of Health, this is unconstitutional, hence unlawful, in so far as it permits the ordering of measures restricting the exercise of the right of persons to benefit from medical assistance in State health units.
In the face of this situation, it is evident that the said Raed Arafat, by issuing Order no. 9490/04.10.2021 and by the statement he made, consciously and deliberately — hence intentionally — breached the following provisions of the Constitution of Romania:
“In Romania, the observance of the Constitution, of its supremacy and of the laws shall be mandatory.” — art. 1(5);
“(1) The national sovereignty resides within the Romanian people, who shall exercise it through their representative bodies, resulting from free, periodical and fair elections, as well as by referendum. (2) No group or person may exercise sovereignty in their own name.” — art. 2(1) and (2);
“(1) Citizens shall enjoy the rights and freedoms granted to them by the Constitution and by other laws, and shall have the obligations laid down thereby. (2) No one is above the law.” — art. 16(1) and (2);
“(1) The right to life, as well as the right to physical and mental integrity of the person, shall be guaranteed. (2) No one may be subjected to torture or to any kind of inhuman or degrading punishment or treatment.” — art. 22(1) and (2);
“Individual freedom and security of the person shall be inviolable.” — art. 23(1);
“The right to free movement, within the country and abroad, shall be guaranteed. The law shall lay down the conditions for the exercise of this right.” — art. 25(1);
“(1) The public authorities shall respect and protect intimate, family and private life. (2) Any natural person has the right to dispose freely of himself, unless by this he infringes the rights and freedoms of others, public order or morals.” — art. 26;
“(1) The right to the protection of health shall be guaranteed. (2) The State shall be bound to take measures to ensure public hygiene and health.” — art. 34(1) and (2);
“(1) The exercise of certain rights or freedoms may be restricted only by law and only if necessary, as the case may be, for: the defence of national security, of public order, health or morals, of the rights and freedoms of citizens; the conduct of a criminal investigation; the prevention of the consequences of a natural calamity, of a disaster or of an extremely severe catastrophe. (2) The restriction may be ordered only if it is necessary in a democratic society. The measure must be proportionate to the situation that occasioned it, be applied without discrimination and without infringing the existence of the right or freedom.” — art. 53.
In the light of these provisions of our fundamental Law, the undersigned request you to assess the intrinsic content of the manifestly unconstitutional measures adopted by the said Raed Arafat through the above-mentioned Order, and the content of the defiant statement given to the press concerning the Constitution, as incontestable proof of the fact that, 23 years after acquiring Romanian citizenship, the said Raed Arafat:
has no bond with, and no belonging to, the Romanian State, as Romanian citizenship is defined by art. 1(1) of Law no. 21/1991, republished and as subsequently amended;
undertakes and supports actions against the rule of law and national security through his conduct, actions and attitude, which runs counter to another condition essential to the granting of Romanian citizenship, namely that laid down by art. 8(1)(b) of the aforesaid law;
although he knows the Constitution of Romania — an essential condition for the granting of Romanian citizenship to a foreign citizen, laid down by art. 8(1)(g) of the same law — he defies and deliberately breaches it;
has breached the oath he took in solemn session under art. 20(5) of the aforesaid law, on the occasion of receiving Romanian citizenship, namely:
«I swear to be devoted to the Romanian homeland and people, to defend the national rights and interests, to observe the Constitution and the laws of Romania.»;
has breached the provisions of art. 35 of the same law: “Persons who have been granted Romanian citizenship according to the law have all the rights and freedoms, as well as the obligations, laid down by the Constitution and by the laws of the country for Romanian citizens”;
believes himself to be above the Constitution of Romania.
From a reading of the legal texts mentioned, we conclude that the retention of Romanian citizenship by persons who acquired it upon request is indissolubly bound to the fulfilment of the same conditions laid down by law for its granting, namely the observance of the Constitution and of the laws of the country.
We ask you to take note of the fact that, by his attitude, his actions and his statements in his capacity as Secretary of State and Head of the Department for Emergency Situations (DSU) within the Ministry of the Interior, the said Raed Arafat endangers national security, indubitably inciting to disobedience towards the constitutional and legal provisions of the Romanian State, the provisions of art. 25(1)(d) of Law no. 21/1991, republished and as subsequently amended, being thus applicable.
Under art. 25(1)(d) of Law no. 21/1991, republished and as subsequently amended, “Romanian citizenship may be withdrawn from a person who (…) d) (…) has committed other deeds that endanger national security.”
Thus, the undersigned consider inadmissible, and a downright unpardonable defiance, the manner in which the said Raed Arafat spoke at the press conference of 6 October 2021 about the fundamental Law in relation to emergency medicine, and likewise his repeated breach of the provisions of the Constitution through the successive acts issued since the beginning of the pandemic, such as the recent Order no. 9490/04.10.2021, which he did not even publish in the Official Gazette because he had not been told he had to — although he too must know and observe the laws of this country, all the more so in his capacity as Secretary of State and Head of the Department for Emergency Situations (DSU) within the Ministry of the Interior.
We draw attention to the fact that the defiance and deliberate breach of the Constitution by the said Raed Arafat must be assessed in relation to his office as Secretary of State and Head of the Department for Emergency Situations (DSU) within the Ministry of the Interior, and not in the capacity of a mere citizen, since it is in this first-rank office which he holds within the architecture of the Romanian State that he persistently and repeatedly disobeys the Constitution and the laws of the country (including the provisions of Law no. 21/1991, republished and as subsequently amended, referred to in the present notification).
Now, by his attitude, his actions and his statements in his capacity as Secretary of State and Head of the Department for Emergency Situations (DSU) within the Ministry of the Interior, the said Raed Arafat indubitably incites to disobedience towards the constitutional and legal provisions of the Romanian State, thereby endangering national security.
§§§
In conclusion, the undersigned have proceeded to formulate this notification under the provisions of art. 32(1), which confers upon any person who has knowledge of the existence of a ground for the withdrawal of Romanian citizenship the right to notify the Citizenship Commission within the National Authority for Citizenship; whereby we respectfully request that, under art. 14(1), you proceed to verify and establish the fulfilment of the conditions laid down by law for issuing the order withdrawing Romanian citizenship from the said Raed Arafat, having regard to the applicability in this case of the provisions of art. 25(1)(d), final sentence.
§§§
We reserve the right to return with clarifications and additions to the present notification up to the date you will set for the examination of this notification for the withdrawal of Romanian citizenship from the said Raed Arafat.
§§§
In evidence:
the statement of the said Raed Arafat of 6 October at the press conference held after the Government meeting, when he replied to the Ombudsman concerning the Order suspending admissions and non-urgent surgical interventions and concerning its legal aspects;
Order no. 9490/04.10.2021 — unpublished in the Official Gazette.
The application was signed by Zară Ovidiu-Dumitru, Adv. Deseagă Cristian-Alexandru, Popa Ioan-Aurelian, adv. Dume Alexandra-Mihaela, Adv. Cerva Nadia-Cosmina, Roșca-Stănescu Sorin-Ștefan, Voiculeț Iulian-Nicolae-Mihail, Ionescu Mihai, Golban Radu-Eugen, Ștef Mihai-Adrian, Iancu Liliana-Florina, Alecu Mariana, Cochină Luchian-Florin, Șerb Horațiu-Alexandru, Maior Florina, Mirea Călin-Eusebiu, Popa Dan Petre, Negrotă Angela, Capsali Pericle-Iulian, Dume Cătălin-Daniel, Vasile-Stoicescu Bogdan, Vîrlan Irina-Elena, Constantin Simona, Modoran Gabriela, Radu Ancuța-Valentina, Constantin Mircea-Tudor, Văleanu Ana, Belean Adrian, Lăzărescu Cătălina, Susanu Ana-Claudia, Lăzărescu Ion-Laurențiu, Duță Eugen, Joseanu Ciprian-Flaviu, Stan Mihaela-Carleta, Stanciu Florența, Căpitan Florina-Constanța, Neacșu Costel-Adrian, Duca Bogdan-Alexandru, Bibby Angela-Iuliana, Adv. Andrei Stefan Mitrea, Adv. VÂJDEA LIVIU DANIEL and, last on the list, the undersigned.
#ToTheVeryEnd!
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