Romanian Court Tells Man He Is Not Alive.

Discussion in 'UK and World News' started by classic33, Mar 16, 2018.

  1. classic33

    classic33 Well-Known Member

    Reliu.jpg

    Constantin Reliu, 63, fails to overturn 2003 death certificate because he appealed too late

    "In a case reminiscent of a Kafka novel, a Romanian court has ruled that a 63-year-old man is dead despite what would appear to be convincing evidence to the contrary: the man himself appearing alive and well in court.

    Constantin Reliu asked the court in the town of Barlad to overturn a death certificate obtained by his wife after he had spent more than a decade in Turkey, during which time he was out of contact with his family. The court told him he was too late, and would have to remain officially deceased.

    “I am officially dead, although I’m alive,” a bemused Reliu told local media outlets. “I have no income and because I am listed dead, I can’t do anything.”

    Reliu left Romania for Turkey in 1992, apparently to seek employment. He last returned to the country in 1999, and appears to have cut off all contact with his family. After years of silence from her estranged husband, Reliu’s wife obtained a backdated death certificate for him.

    The Romanian daily Adevarul said Reliu’s wife had argued in court that having heard nothing from her husband since 1999, she had assumed he had died in an earthquake while in Turkey. The paper said Reliu believes she sought the death certificate in order to annul the marriage and allow her to remarry.

    He may never have found out about his death in his homeland had he not been apprehended by Turkish authorities earlier this year and deported back to Romania because of expired documents. Reliu had planned to renew his passport in Romania and return to Turkey, but on arrival, he was detained by immigration officers who informed him he had died in 2003.

    Reliu said he wants to return to Turkey and has set up a small company there, but is now faced with a confusing legal battle to regain his identity and obtain a passport.

    A spokeswoman for the court explained to local news outlets that Reliu had been too late with his appeal against the death certificate and had thus lost the case. The ruling is apparently final and cannot be appealed against, leaving Reliu in legal limbo."



    https://www.theguardian.com/world/2018/mar/16/romanian-court-tells-man-he-is-not-alive
     
  2. Welsh dragon

    Welsh dragon Senior Member Staff Member

    And i thought i had trouble getting a passport. At least i wasn't declared dead. So a lose lose situation. Poor man. What now?
     
  3. OP
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    classic33

    classic33 Well-Known Member

    Why was a backdated death certificate issued?
    I can sort of understand the reason for a death certificate, if she(wife/ex-wife?) wanted to re-marry, but getting it backdated!
     
  4. Welsh dragon

    Welsh dragon Senior Member Staff Member


    Hadn't thought of that. Conspiracy maybe:smile:
     
  5. OP
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    classic33

    classic33 Well-Known Member

    Insurance money, pay for her wedding?
     
    Welsh dragon likes this.
  6. Welsh dragon

    Welsh dragon Senior Member Staff Member


    Could be . ^_^
     
  7. OP
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    classic33

    classic33 Well-Known Member

    Declared Legally Dead, as He Sat Before the Judge
    Donald E. Miller Jr. is legally dead, an Ohio judge explained to Donald E. Miller Jr. this week in court.

    The judge, Allan H. Davis of Hancock County Probate Court, had declared Mr. Miller dead in 1994, several years after he mysteriously disappeared, leaving thousands of dollars of child support unpaid. His ex-wife, Robin Miller, had requested the declaration at the time so that she could apply for Social Security benefits for their two daughters.

    In fact, Mr. Miller, 61, had simply drifted away to work in Georgia and Florida, he told the judge on Monday in Findlay, Ohio. Now, he said, he wanted to apply for a driver’s license and needed to reactivate his Social Security number.

    The judge noted that Ohio law does not allow a declaration of death to be reversed after three years or more have passed.


    “I don’t know where that leaves you, but you’re still deceased as far as the law is concerned,” Judge Davis told Mr. Miller during the 30-minute hearing, according to The Courier, a newspaper in Findlay.


    The newspaper called Mr. Miller “the most famous dead man alive.”

    In an interview, Judge Davis said that the case was decided “in strict conformity with Ohio law,” but that it had led to “a bizarre set of circumstances.”

    He suggested that Mr. Miller’s situation could lead the Ohio legislature to rethink the law. In the meantime, he said, Mr. Miller can appeal the decision or take the matter up with the Social Security Administration, which might have a different view of the law.

    “Every time you think you’ve seen everything,” the judge said, “something like this comes along.”

    Ms. Miller’s lawyer, James Hammer, opposed Mr. Miller’s resurrection on the ground that Ms. Miller might have to return the several years of benefit payments she received for her daughters. “You just didn’t want to open a Pandora’s box of possibly having to return the benefits,” he said in an interview.

    Ms. Miller, a nurse who cannot work because of a disability, said she was not trying to be vindictive toward her former husband, but could not afford to repay the money. She first learned that Mr. Miller was alive when he showed up in front of her home more than a year ago, sitting at a picnic table with his girlfriend. “I said, ‘Oh, my gosh!’ ” recalled Ms. Miller, who has married again to a man whose surname is also Miller. “It was civil the whole time. We were both very nice.”

    Francis Marley, Mr. Miller’s lawyer, said that his client, who is not giving interviews, probably could not afford to appeal the decision. He said that Mr. Miller simply wanted to be able to work with a valid Social Security number. “We hoped the judge would see the equity of giving his life back,” he said.

    As for why his client, who told Judge Davis that he is an alcoholic, disappeared for so many years, the lawyer said that “he was just — I guess you would call it a man-of-the-road, free-spirit type.”

    Had he ever encountered a case like this? “No,” Mr. Marley said, “but I’ve only been practicing for 43 years.”


    https://www.nytimes.com/2013/10/12/us/declared-legally-dead-as-he-sat-before-the-judge.html
     
  8. Welsh dragon

    Welsh dragon Senior Member Staff Member

    Blimey. So that leaves everything up in the air. That is def a lose lose situation.
     
  9. OP
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    classic33

    classic33 Well-Known Member

    What happens when either shuffle of this mortal coil for real though?

    Can they be buried/cremated?
     
  10. OP
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    classic33

    classic33 Well-Known Member

    Or in the words of Probate Judge Allan Davis, who declared him to be dead despite having him sat before him in court,
    “I thought that was a no-brainer. If he’s alive, he’s alive,” said Judge Davis, who had declared the Arcadia man dead in 1994 some eight years after he dropped out of existence. “But then I went to the statute, and the statute says you can declare somebody legally alive, provided they make application within three years of the date when you declared them dead.”
     
  11. Welsh dragon

    Welsh dragon Senior Member Staff Member


    I don't suppose either of them will care one way or another about that.
     
    classic33 likes this.
  12. OP
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    classic33

    classic33 Well-Known Member

    He's alive...

    Romanian court gives dead man his life back

    A Romanian man who was declared dead has finally won acknowledgement from a court that he is alive, despite its earlier refusal to do so —even though he was there to defend himself in person.

    Reliu Constantin, 63, returned to Romania in January after almost 20 years spent living in Turkey, but was shocked to discover that he had officially been declared dead. At first he thought it was a joke, but he soon discovered that life as a dead man in Romania was no laughing matter.

    He moved to Turkey for work in 1992.

    https://www.thetimes.co.uk/article/...-man-reliu-constantin-his-life-back-dj9hj0ld7
     
    Welsh dragon likes this.
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