HUMAN RIGHTS COMMITTEE CONTINUES CONSIDERATION OF ROMANIAN REPORT

AFTERNOON


HR/CT/99/18
20 July 1999





The Human Rights Committee continued consideration this afternoon of a fourth periodic report of Romania, querying a nine-member Government delegation on such issues as alleged discrimination against Roma, the extent of participation by women in the political system, and trial of citizens by military tribunals.

The Committee will issue final, written observations and recommendations on the report towards the end of its three-week session, which concludes 30 July.

Romania, as one of 144 States parties to the International Covenant on Civil and Political Rights, must present periodic reports to the Committee on measures taken to put the treaty into effect.

When the Committee reconvenes at 10 a.m. Wednesday, 21 July, it will conclude its review of the Romanian report and then discuss a report of a meeting of chairpersons of United Nations human-rights treaty bodies.

Discussion

Responding to questions raised by Committee experts during the morning meeting, the delegation said among other things that the principle of the separation of State powers had been respected and that the executive, legislative and judicial branches cooperated with each other without interference in their respective spheres of competence. The bicameral structure of the legislature had also enabled the two chambers to control each other. However, that structure had slowed down the process of proposed legislation submitted by the Government with hopes for prompt promulgation.

Concerning the responsibilities of the security system, the delegation affirmed that the function of that branch fell directly under the strict scrutiny of the country's Parliament, where the major part of political parties were represented. The head of the national security system, who was appointed by Parliament, had to submit an annual report to that body in a public hearing. In order to allow the public to be aware of the activities of the security system, any debate was held in public with radio and television coverage. In addition, the leadership of the security system was composed of civilians and not military personnel as in the past.

Answering a question on military jurisdiction, the delegation said that some special infringements and other cases pertaining to national security were still brought before military tribunals, even if the persons charged were civilians. Although the Government was aware that civilians should be judged in civilian courts, the transition process did not allow the situation to be changed for the moment. However, the Government had plans to alter the situation in the near future, said the delegation.

The arrest of a suspect for up to 30 days could only be ordered by a procurator and beyond that period it was a judge who must decide whether to prolong pre-trial detention, said members of the delegation, adding that the police could only detain a suspect for 24 hours.

Increased participation by women in the political process in Romania was part of a trend towards empowerment of women reflecting the spirit of the Programme and Plan of Action of the Beijing International Women's Conference, said the delegation. However, there was a paradox in that while the number of women politicians was on the increase, their representation was undermined. Since the Romanian electoral system was based on proportional representation of party lists, political parties were encouraged to include in their lists as many women as they could.

Police brutality against any citizen was severely sanctioned by the authorities and appropriate measures were taken to remedy the harm incurred, the delegation said. In 1998, some 250 police officers had been convicted of torture or other maltreatment of individuals. The Romanian authorities were convinced that any violation of the law by the police should be investigated and the culprit punished.

Responding to a second cluster of written questions prepared by Committee experts in advance, members of the delegation said it was forbidden to intercept communications carried out by telephone, telegraph or any other means of communication between citizens. In the same manner, the search of a residence without a warrant was prohibited.

Concerning allegations that homosexuals were discriminated against by law and subjected to police brutality, the delegation said the Government was not ready for the moment to change the law on homosexuals and particularly the provision that prohibited any sexual relations between an adult homosexual and a child. In addition, public opinion was not yet ready for homosexual activities in public. Thus, any act by homosexual individuals was considered a public scandal and 99 persons had been arrested last year in that connection.

Following the democratization process in Romania in 1989, religious freedom was guaranteed with individuals exercising their own choice of beliefs and creeds, the delegation said. Prior to 1989, except for the official religion, the Romanian Orthodox Church, whose members accounted for 86.6 per cent of the population, some religious groups were operating in secret. But now any religion could promote its beliefs once it was registered officially, a process which posed no impediment to the exercise of religious freedom. The act of registering one's religious organization enabled it to retain a legal personality within Romanian society and to have access to social and financial benefits.

The delegation said the problems of the Roma community had been seriously considered by the Government in terms of health assistance, education and social integration. In fact, there were no restrictions preventing the Roma people from participating in national life. The number of Roma organizations aimed at defending the interests of that community had now reached 50. The Roma political party, which held one seat in the Chamber of Deputies, was also active in promoting the Roma cause. Also, the Government had taken measures to admit, on a preferential basis, Roma students to universities. Although Roma minorities were discriminated against in employment, particularly in the private sector, the Government had taken measures to improve the situation.

Committee members said the situation of the Roma was still a matter for concern, and that a number of international organizations had reported that the atmosphere of discrimination had not changed. They wanted to know the number of complaints lodged by Roma alleging mistreatment by authorities or private individuals.

Committee members also put questions on such issues as access to the individual files of former members of the security forces; restitution of properties belonging to religious organizations; and the repeal of a law restricting freedom of expression.