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Nicolae Mischie is a Romanian politician from Gorj. He was elected representative for Gorj (1990-1992, 1992-1996) to the Chamber of Deputies and later served as Chairman of the Gorj County Council (1996-2000, 2000-2004). In 2000 he was elected Senator, representing the County of Gorj.
Through his political and economic achievements, Nicolae Mischie contributed to the economic, social and cultural development of Gorj County, propelling it, as reflected by the performance indicators, from a county holding one of the last places in the country, among the Romanian counties with the best performance (ranked first at many indicators).
He was falsely accused of corruption. During the lawsuits that followed, crucial expertise reports were omitted and many testimonies and evidence were not taken into account, the case being judged superficially, which led to a 4-year sentence to be served. Later, Nicolae Mischie was released on parole. In the absence of any higher court, Mischie chose to bring the case before the European Court of Human Rights (ECHR). Currently, the ECHR awarded damages in his favour, payable by the State of Romania, in the two major trials in which he was a party.
Nicolae Mischie continues to be a prominent figure in the County of Gorj and in Romania in general.
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The “HUNTING RIFLE” case file: Nicolae Mischie, NOT GUILTY. Mischie wins the lawsuit versus the State of Romania brought before the ECHR.
The Strasbourg Court sharply criticised the High Court of Cassation and Justice for having issued a one-year suspended sentence to be served by Nicolae Mischie without new evidence, but by reinterpreting the same rules of evidence based on which lower courts had issued rulings for acquittal.
ANTENA3: “ECHR – a historic ruling for Romanian justice. Acquitted parties may not be convicted in appeal proceedings in the absence of new evidence. “
The information was submitted on Monday, 13th October 2014, on the show “100 de minute”, on Antena 3.
He has founded the "Constantin Brancusi" University of Targu Jiu, converting the Municipality of Targu Jiu and Gorj County into a university city, with over 7,000 local students.
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He has achieved, due to his position as a Member of the Chamber of Deputies and as Secretary of the Parliamentary Committee for Education, Science, Youth and Sport of the Chamber of Deputies, a GDP increase for teachers from 2.8% to 4%, which resulted in an increase of their salaries.
Under his coordination and with the support of the local mayors, over 40 localities in Gorj County benefited from civil works to the water and gas supply networks, as well as road rehabilitation works.
He initiated the bill on forest restitution to all the citizens of Romania.
Case file no. 3/95/2005 ECHR: Romania, the guilty party, yet again.
The Strasbourg Court ordered the State of Romania to pay Nicolae Mischie damages worth EUR 4,300 for the violation of Article 6 of the Convention, in respect of Nicolae Mischie.
“Mischie, dragged to court for no reason”
Romania, 2010. On 25th October 2010, businessman Clement Mocanu, who had made the “self-denouncement” that led to the criminal investigation of Nicolae Mischie, testified in front of the magistrates that apparently he didn’t make the denouncement on his own initiative:“I would like to mention that the denouncement placed on record on page 27 of the criminal prosecution case file – 27, volume I, was not made on my own initiative, but because I was asked to do so by the investigators, who told me that the National Anticorruption Prosecution Office (NAPO) is moving very sowly and that they intended to take action in this case file. Please note that there were a number of interests that made themselves known, from the political and administrative circles, concerning the accused, Nicolae Mischie.”
Romania, 2013. However, under the pressure of the media, that was hostile to NM, the High Court of Cassation and Justice decided to disregard this testimony made under oath and convicted NM. Unbelievable, isn’t it?
According to the ruling of the ECHR, in thepolitical case file no. 3/95/2005, Nicolae Mischie shall be compensated by the State of Romania with EUR 4,300 in damages, as his right to a fair trial had been violated.
“ECHR proved, once again, that the civil rights of an EU citizen have been violated. Thus, the Strasbourg Court ordered the State of Romania to compensate me with EUR 4,300 in damages for the violation of Article 6 of the Convention. As this amount does not cover even 1% of the damage caused by these trials, in which I was unfairly involved, I will donate the bulk of this amount to charity. It is, however, most unfortunate that you, the citizens of Romania, have to pay for the injustices occurring in the justice system, injustices which were, in my case, ordered at the highest political level.”
Download the decission from the ECHR web-page here: http://hudoc.echr.coe.int/eng#{“fulltext”:[“mischie”],”itemid”:[“001-158324”]}
It would appear that I have suffered a minor stroke. A month after this event, everything is all right and I feel great. I would like to thank the medics and paramedics coordinated by Prof. Bogdan Popescu, neurologist, for their support.
aug. 2015, Nicolae MischieAccording to the ruling of the ECHR, Nicolae Mischie shall be compensated by the State of Romania with EUR 3,000 in damages, as his right to a fair trial, under Article 6 of the European Convention, has been infringed.
“I take note, with satisfaction, of the ruling of the European Court of Human Rights, by means of which this international body has proven my innocence in the “Hunting Rifle” case – a case that affected my moral, political and professional image in unreasonable ways, having unpleasant repercussions on my family, on my relatives and on all those who have appreciated and respected me along the years. The ruling of the European Court of Human Rights is proof, once again, that it treats Romanians as European citizens with equal rights, with seriousness and responsibility. I would like to thank the European Court of Human Rights for the responsiveness, impartiality and availability shown to do right by me, diminishing to some extent the unjustified, unfair and defamatory actions of the judicial, political and administrative institutions in Romania.”
Download the decission from the ECHR web-page here: http://hudoc.echr.coe.int/eng#{“itemid”:[“001-146378”]}
I would like to thank Mr. George Parcalabu, attorney at law, for his continued help during the trials. I would also like to thank him, publicly, for winning the ECHR trial. In the same vein, I would like to thank Mr. Valeriu Radu, attorney at law.
April 2014, Nicolae Mischie
