Tech & Rights

Romanian Unlawfully Detained for 1 Year and 9 Months

A Romanian woman was unlawfully detained in 2001 due to a series of judicial errors. After 15 years of legal proceedings before national and European courts, the errors were finally recognized.

by Dollores Benezic

In February 2001, Daniela Tarău, 43, was accused of fraud and was placed in pretrial detention. She stayed in jail for 1 year and 9 months, during which she was sentenced to 3 years and 3 months (in the first instance), and then to 3 years and 3 months suspended on appeal.

She was released in November 2002, after successfully appealing the pre-trial detention. Later, with the help of the Association for the Defense of Human Rights in Romania – the Helsinki Committee, she complained to the European Court of Human Rights because of the excessive length of pre-trial detention and infringement of the right to a fair trial.

She has always maintained she was innocent and asked that several witnesses be heard, but her requests were denied by the national courts. In 2009, she won her case before the court, and in 2010 she was awarded a retrial.

After a retrial that lasted more than four years, the national court rendered the final decision in March 2015, and Daniela Tarău was found innocent in respect to the charges she was arrested and detained on. Now she is pursuing a PhD at the Police Academy on Romanian prisons. According to her, she's a fighter, even if she is a nobody. She is just a person who mistakenly entered the Romanian justice system and was soon buried in paper that nobody wanted to read on time.

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