American Bar Association

      American Bar Association/CEELI
           740 15th Street, NW
           Washington, DC 20005-1022
           Phone:(202) 662-1950
           Fax: (202) 662-1597

4^th August 1999

Dear Sir,

My name is Mircea Pentia, I am a PhD scientific researcher in Bucharest, Romania. Upon the announcement of the upcoming 1999 CEELI Award ceremony, honoring Mr. Emil Constantinescu, President of Romania, by the prestigious American Bar Association, I decided to write you and express my surprise and disappointment with respect to this award. I am afraid that the Bar Association, which advances the "rule of law" in the world, has been mislead deciding to grant this award to Mr. Constantinescu. He did not deserve such an honor for his activity and results in implementation the "rule of law" in Romania. It could be done during his presidential mandate, but he didn't. When this task could be done better ? Of course, when he are in charge as the President of Romania.

A lot of Romanian people, including me, supported him in his bid to become President of Romania. He made a lot of promises, including the implementation of "rule of law", but very few of those promises were turned up. By contrary, during Constantinescu's government, for example, significant more illegally confiscated houses were sold to the tenants, even if those properties were being reclaimed through the Romanian courts by the rightful owners. To document the abuses occurring today in Romania, I am trying to do a short description of the case affecting me and my family.

In 1921 my grandfather Petru Pentia (lawyer - public notary) and his family bought a two apartment house in Timisoara, 10 Treboniu Laurean street, and in 1933 he built a new two apartment house for his two sons' future families in Timisoara, 12 Petre Carp (nowadays Trandafirilor) street. I and my sister Doina Pentia were born and lived some time in this last one house. In 1950, according to 92/1950 Decree of the Romanian Council of Ministers, an unconstitutional act even with respect to the Constitution of those days, these two properties has been confiscated by the communist regime and passed in the state property, without any compensation. In 1952 my father has been politically arrested and the family evacuated from the house in 24 hours. At any protest we did not received no any answer. In 1953 my grandfather 83 years old, dead especially due to inhuman life conditions.
After 1989, in the new democratic conditions in Romania, my sister and me renew the struggle for reestablishment the property rights and respect for
my predecessor's work and life. First we went to law to rectify the property evidence in favor of the true owner - my grandfather and to retrieve the
property to us as his successors. The justice refused to agree for such a data changing.
In December 1995 was issued the Law Nr.112/1995, which specifies in the first article on the restoring property rights for buildings passed to state
ownership without title. The authorized Commission of Timis county, agrees the two our properties have been passed to state ownership without title,
and we can claim them in justice. Therefore we opened an action in justice. It is coming on, and is not yet finished. Nevertheless, the state sold both
of the buildings to the tenants, at a very low price, though we noticed tenants for an illegal purchasing. We pointed out that the state is an precarious possessor and they cannot buy the apartments only from the real owner. Now we have been forced to open new processes for cancellation these illegal contracts, but it seems that we lost not only our properties but also the hope in Romania will be established the "rule of law".

Finally I must to mention that my situation is not a single one. Such abuses are frequently in the Romanian justice and the similar justice actions are innumerable. This is why I am asking you to use this opportunity to remind President Constantinescu the actual situation of Romanian justice and possible to discuss with him our case, even as an example.

I hope that my letter will provide your organization with a better understanding of the actual situation of implementing the "rule of law" in Romania during Constantinescu's government.
By awarding the Romanian President, the American Association proved an inexperienced American Association proved an inexperienced understanding of the major issues facing Romania today, especially in respecting the "rules of law" and for not recognizing one of the basic human rights, the private property guarantee.

With my best regards,

Dr. Mircea Pentia,

tel.(+40)-1-682-0962
Aleea Izvorul Oltului 6, Bl.29, ap.36,
75412 Bucharest, Sector 4, Romania

P.S. I am writing you from Geneva, Switzerland, where I am for a short period in connection with my job.