The Presumption of Innocence ”à la française”

High Profile Case, International Media Coverage

Faced with a case of international significance, it is time for us to set aside our provincialism and take note of the international press, specifically the French one. After all, aren’t we Europeans? Dâmbovita is nothing like Seine, just as winter is nothing like summer, but in other respects, Parisian customs seem somewhat familiar to us, Romanians.

The Romanian legal system was inspired by the French one. A well-known fact, facilitated also by the common origin of the two languages. The terms, concepts, and definitions in the Romanian legal vocabulary are almost identical to those in the French vocabulary. The two police forces also seem to be kindred spirits, as we learn from the Romanian police website: “The police is an important institution of the modern state, yet one with deep roots in history, having emerged as early as the period of the first state organization. […] Inspired by the model of the French state police, the Romanian police played an important role in the unification of January 1859, in the implementation of socio-economic reforms by Cuza, and especially during the War of Independence.”

Well, we’re reassured – it emerged during the period of the first state organization, and since then it’s kept everything under control; Gelu and Menumorut did their duty. The French police surely has ancient roots too; we’re not that familiar with French history, so it might trace its origins back to Asterix and Obelix. Anyway, the past is the past, but even in the 21st century the similarities are striking (literally, they knock you against the walls until you can’t see straight). And the presumption of innocence applies neither here, nor there; neither then, nor now. When it comes to Gregorian Bivolaru and yogis, of course.

Common Traits of Police Operations

Let’s find some common features of the two main police operations targeting Gregorian Bivolaru and the yogis. March 2004, Bucharest: brutal searches, destruction, property seized without a warrant, masked police force, violence, threats with weapons, insults, long hours of interrogation, intimidation, statements extracted under pressure – but at least the people taken away in police vans returned to their homes that evening. November 2023, the outskirts of Paris and the French Riviera: brutal searches, destruction, property seized without a warrant, masked police force, violence, threats with weapons, insults, long hours of interrogation, intimidation, attempts to extract statements under pressure. And on top of that, handcuffs – a “gift” from the “rescuers” to the “victims” – hours spent in the cold in underwear and slippers, nights spent on the concrete floor of the police station, alleged “victims” left on the street at night without money or phones, with their homes sealed off. In 2004, the Romanian media broadcast live footage; in 2023, there is less video footage, but details abound in the international press – whether French-speaking, English-speaking, or in languages with limited circulation. In 2004, they waved a warrant; in 2023, they claim they don’t need one – they are the judicial police and have full authority.

The sources of information for the dozens of articles in the French and international press seem to consist of one or two; the rest rely on the “copy-paste” investigative technique, spiced with apocalyptic headlines and shocking claims that shake public opinion, which has been numbed by vaccines. Journalists seem confident as they chorus: “26 women have been released, reportedly having been subjected to abuse and held in squalid conditions”; “some members of the organization were allegedly turned into supposed slaves for Bivolaru”; “through psychological manipulation, but also physical coercion, they [n.b. vulnerable individuals] ended up having sexual relations with the master.” They are not bothered by the fact that the “victims’ testimonies” they cite are just three, and even less by the fact that the women who, in their view, were “held captive” by evil people and “freed” by the police stated that they were not held by anyone anywhere against their will (except at the police station). And the labels “cult” and “abuse” appear in every headline; even if you’re illiterate, after a few days you’ll be able to read them and know that they’re associated with “yoga” or “tantra.”

No Hard Evidence. Over And Over

In 2004, journalists’ eyes nearly popped out of their sockets as they shouted out loud about drug trafficking, arms trafficking, organized crime, calling for everyone to be locked up so we could figure out later what to charge them with, claiming they should be lynched, and so on. Zero evidence, statements extracted under pressure or through blackmail, but on s’en fiche (in English, they don’t care). The media considered the yogis guilty from the very beginning; ordinary people thought there must be something to it – everyone’s talking about it, and anyway, isn’t it true that there’s no smoke without fire? (Although it also matters who started the fire.) And for 17 years, the duration of the trial, the yogis walked around with a tin can on their tail. So the presumption of innocence, a fundamental principle of justice, was nowhere to be seen.

Then in June 2007, if you recall, the same yoginis wrongfully accused of human trafficking learned from the press (!) that the case was being sent to trial, and a few hours later they were able to read the entire indictment, sitting at home in their armchairs, again from the press, in Jurnalul National. An illegal act and unheard of until then – and probably since then as well – since the confidentiality of information in criminal investigations is guaranteed by law (and not by the law of the jungle). The prosecutor’s office defended itself by claiming the information did not originate from them, Prosecutor General Laura Codruta Kovesi refused to grant a hearing to the yogis who were complaining about the illegal leaks of information to the press; obviously, no one was found guilty, so the logical conclusion is that the indictment took off on its own and went straight to the newspaper, aided by the malevolent Artificial Intelligence. In addition to the indictment, other items seized during the searches also “walked” to the press, including the diary of Gregorian Bivolaru’s alleged “victim,” personal photographs of those under investigation, all items unrelated to the search warrant, which referred only to “items containing computer data, data relating to information traffic, or to users.” With every new piece of information released by the press, the conviction that “those weirdos” are guilty and deserve it became cemented in the collective subconscious. All these abuses, plus many others, were recognized by the ECHR, which ordered the Romanian state to pay compensation to those whose rights were trampled upon by the very people who were supposed to protect them.

”Judicial Sources”

In France of 2023, newspapers cite (just like in Romania) “judicial sources” or, as the case may be, “sources close to the investigation” who leak information to them that they should not have access to, all suggesting, bien sûr, the indisputable guilt of Gregorian Bivolaru and the “organized gang” he created. Obviously, the Romanian press is also well aware of these highly professional police practices: “Shocking testimony from the Gregorian Bivolaru case has appeared in the French press. […] A source close to the investigation told France Presse that the entire case is madness.” (We couldn’t have put it better ourselves – it really is madness!) But the “leaks” come only from the direction that validates their narrative. Not a single police officer or journalist utters a word about the fact that the women “freed” by the police did not make any statements against Gregorian Bivolaru; on the contrary, they were left with a severe aversion to uniforms and a deep distaste for the “rescuing” police. No more Louis de Funès movies for the next five years. The problem here, however, is twofold. Not only are “judicial sources” illegally leaking information from the case file to the press, but some of these leaks are such blatant lies that they undermine their own credibility. For anyone who has had even the slightest contact with our yoga school, to say that “many women were under the influence of alcohol” – especially when you dragged them out of bed at 6 a.m. – is a bit like claiming you found a unicorn in the backyard among the pansies. There is simply no such thing.

The same “judicial sources,” eager to in the good graces of the press, since it never hurts to have friends everywhere, do not hesitate to reveal the name and address of the person in charge of the yoga school in France, along with their profession and other personal details. Added to this is the statement from the vigilant mayor, worried that many cars are coming and pollution levels are rising, and that the town will no longer win first prize in the county, as well as statements from neighbors – because people are people everywhere, especially neighbors – who can’t wait to tell you what they saw over the fence and how “orgies” were being organized there. And the same sources know from “former members” that “to make them consent” [n.b. to make pornographic films – how did they see what was going on inside the house, with infrared goggles maybe?] they were “deprived of food and sleep”. Please send us some photos so we can see how skinny you’ve become due to the deprivation of food. If we find a little roll or a tummy, will you retract these absurd claims?

So much for Liberté, égalité, fraternité. If abuses were committed in Bucharest, why shouldn’t some chic ones be committed in Paris too? When the Romanian press labels you guilty in advance, of everything and anything all at once, why would the French press hold back? After all, it’s easier to throw around slogans than to come up with evidence. And until proven otherwise, you’re the one declared guilty.

Now we’re not quite sure how things stand. Is Bucharest still “Little Paris,” or has Paris become “Big Bucharest”?

The article was originally published on MISA website.