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Romania: This Extended Response updates the Extended Response to Information Request ROM25232.EX of 27 November 1996, which, among other things, reviewed the role of the Romanian Intelligence Service (SRI). In the text that follows, frequent reference is made to a number of documents recently produced by The Association for the Defense of Human Rights in Romania (APADOR-CH). APADOR-CH is a nongovernmental organization for the defence and promotion of human rights in Romania. In addition to conducting investigations, publishing reports and studies and participating in conferences, APADOR-CH publishes the Human Rights Quarterly, a periodical dealing with human rights in Romania. Please note that while efforts have been made to corroborate the information provided by this source, for the most part, there is little other recent information available specific to this subject

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 1 May 1998
Citation / Document Symbol ROM29196.FEX
Cite as Canada: Immigration and Refugee Board of Canada, Romania: This Extended Response updates the Extended Response to Information Request ROM25232.EX of 27 November 1996, which, among other things, reviewed the role of the Romanian Intelligence Service (SRI). In the text that follows, frequent reference is made to a number of documents recently produced by The Association for the Defense of Human Rights in Romania (APADOR-CH). APADOR-CH is a nongovernmental organization for the defence and promotion of human rights in Romania. In addition to conducting investigations, publishing reports and studies and participating in conferences, APADOR-CH publishes the Human Rights Quarterly, a periodical dealing with human rights in Romania. Please note that while efforts have been made to corroborate the information provided by this source, for the most part, there is little other recent information available specific to this subject, 1 May 1998, ROM29196.FEX, available at: https://www.refworld.org/docid/3ae6ad878.html [accessed 4 June 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

     Legislative Changes

             Following the November 1996 elections, the government tabled a bill amending the National Security Law, which provides the legal framework for Romania's security services (APADOR-CH 1998a, Section IIb). The bill restricts some of the intelligence services' powers; for example, it limits the duration of electronic surveillance operations to a maximum of 18 months (ibid.). At the same time, APADOR-CH considers that the bill also contains a number of disquieting clauses that could threaten civil liberties: it gives added powers to the Supreme National Defence Council (CSAT) and continues to allow electronic surveillance warrants to be issued by the chief prosecutor or his representatives instead of by a judge (ibid.). Ziua reported on 28 July 1997, however, that according to the draft law, magistrates would issue warrants, but only the police would be authorized to make arrests or conduct searches. The bill is still being studied by two parliamentary committees (APADOR-CH 1998c, Introduction).

     Changes made on 1 November 1996 to the Criminal Procedure Code provides for agencies investigating criminal acts to use electronic surveillance (APADOR-CH 1998b, Section II2). A prosecutor can issue an electronic surveillance warrant if he considers that a criminal act belonging to a designated category (90% of the criminal acts described in the Criminal Code) is being planned or perpetrated (ibid.). The warrant can be renewed at the end of its initial 30-day period of validity and every 30 days thereafter (ibid.). Another amendment to the Criminal Procedure Code resides in Section 224, Subsection 2, which states that

[...] with a view to gathering information necessary to criminal investigating bodies to start criminal procedures, preliminary actions may be taken by officers of the Ministry of Interior and by other state agencies with attributions in the field of national security if the deeds are defined by law as threats to national security (ibid.).

APADOR-CH notes that any security service could use this provision to intercept communications by claiming that such a measure was needed as a preliminary step in the investigation of a threat to national security (ibid.). This provision however contravenes Section 13 of Law No. 14/1992,1 which places criminal investigations outside the SRI's jurisdiction (ibid.).

     The Romanian governement has indicated that it is in favour of passing a bill that would give members of the public access to files created by the Securitate, the former political police under the Ceausescu regime (Keesing's Oct. 1997, 41874; The New York Times 4 Feb. 1998). Which files should be declassified and who should have access to them are issues that are being debated (ibid.). APADOR-CH co-chair Manuela Stefanescu maintains that many files contain information that has been falsified since 1989 in order to denigrate certain people and improve the image of others (ibid.). Manuela Stefanescu considers therefore that it would be dangerous to allow unrestricted access to these files, since information contained in them could be used to wrongly accuse people (ibid.). In her opinion, people should be allowed access only to their own files (ibid.).

The bill would require the country's leaders and senior officials (for example, the president, government members, other members of parliament, senators, prefects, senior officials of the secret services, and ambassadors) to declare, when taking their oath of office, whether they used to be Securitate informers; if they are found to have made a false declaration, they would have to resign (AFP 20 Oct. 1997). According to some estimates, the Securitate had some 400,000 informers, and about 100,000 of them are reportedly still alive; most of the latter are now between 51 and 70 years old (Adevarul 6 Nov. 1997).

             Intelligence Services

        In April 1997, the Supreme National Defence Council (CSAT), taking into account the interests of the state, established a policy governing the future evolution of the intelligence agencies (Radio Romania Network 8 Apr. 1997). Romania has several intelligence agencies; the two major ones are the Romanian Intelligence Service (SRI) and the Foreign Intelligence Service (SIE), both of which report to the Romanian parliament (Xinhua 24 July 1997; APADOR-CH 1998a, Section IIb). The Xinhua press agency places the total number of  intellegence services at seven (24 July 1997). However, according to APADOR-CH, the bill on national security reform tabled in parliament in December 1997 confirms that there are nine intelligence services (1998c, Introduction). They are the SRI, the SIE, the Protection and Guard Service (SPP), the Special Telecommunications Service (STS), two intelligence services in the Ministry of Internal Affairs, two in the Ministry of Defence, and one in the Ministry of Justice (ibid.). A plan has been drawn up that calls for the principal security organizations to cooperate in neutralizing threats to national security and preventing terrorism (Radio Romania Network 8 Apr. 1997).

     AFP and Ziua report that the Roma of Romania have set up their own security organization called the Intelligence and Security Service, tasked with protecting their interests, preventing interethnic conflicts and eliminating racism (AFP 4 Aug. 1997; Ziua 4 Aug. 1997). The sources consulted by the Research Directorate do not provide any additional information on this topic.

Since it came to power in November 1996, the governing coalition has attempted to rejuvenate the Romanian intelligence services by restructuring them and replacing a number of their senior managers (AFP 27 Aug. 1997; see also Adevarul 24 July 1997). In particular, General Dumitru Ciofina was removed from his position as chief of staff and replaced in January 1997 by a new appointee (Reuters 23 Jan. 1997; AFP 22 Apr. 1997). Observers believe that these changes are part of Romania's effort to improve the image of its security forces in an attempt to speed up its admission to the North Atlantic Treaty Organization (NATO) (Reuters 23 Jan. 1997). Some Romanians, including the Parliamentary Oversight Commission's chairman Senator Nicolae Ionescu-Galbeni, had attributed NATO's rejection of Romania to the fact that, among other things, security service officials who had had ties to former Soviet organizations were in senior positions in the new Romanian organizations (Radio Romania Network 24 July 1997). The Romanian Ministry of National Defence emphasized however that the NATO officials had not criticized the activities of Romania's military secret services (ibid.).

             Romanian Intelligence Service (SRI)

             In 1990, the SRI became the successor to the Securitate, which had been disbanded in late 1989 (APADOR-CH 1998a, Section I; see also AFP 25 Mar. 1997). Eager to refurbish its image, which has often been tarnished by the use of unlawful methods such as illegal wiretaps and by dubious decisions to arrest journalists and politicians, the SRI is now attempting to project itself as [translation] "a modern intelligence agency operating within the limits fixed by democratic principles" (AFP 25 Mar. 1997; see also Rompres 27 Mar. 1998). To this end, various restructuring measures are planned, such as the abolition of regional operation centres in an effort to simplify the organization's structure and facilitate the flow of information between the head office and the county offices (Dimineata 8 Oct. 1997). In addition, the proposed amendments to the National Security Law call for the SRI's mandate to be broadened to include the fight against organized crime (Evenimentul Zilei 31 Oct. 1997).

When the SRI was created, it simply hired thousands of former Securitate agents (Financial Times 2 Jan. 1998; see also AFP 9 Mar. 1998a; The Washington Times 18 Apr. 1997). In addition, former Securitate agents reportedly occupy powerful and influential positions in the country's political and corporate structures as well as in the clergy (AP 18 Mar. 1998; AFP 9 Mar. 1998a; see also AP 11 July 1997; The Washington Times 18 Apr. 1997). According to observers, the heads of the various SRI units belong to the old guard and are unwilling to jettison the methods of the past (Ziua 24 Sept. 1997b; AFP 22 Apr. 1997; see also AP 11 July 1997). Mircea Raceanu, a political dissident under the Ceausescu regime, is of this same opinion (Ziua 30 June 1997). The mayor of the town of Iasi, Constantin Simirad, also stated in October 1997 that the SRI was using the same methods as the Securitate (AFP 29 Oct. 1997), an opinion shared by Democratic Party M.P. Corneliu Ruse (Evenimentul Zilei 31 Oct. 1997). The SRI has launched an investigation into Simirad's allegations (AFP 29 Oct. 1997). Ruse stated that the SRI was closely monitoring state institutions, including those at the local level (Evenimentul Zilei 31 Oct. 1997).

SRI director Virgil Magureanu submitted his resignation in late April 1997 (AFP 25 Apr. 1997; Radio Romania Network 30 Apr. 1997; Reuters 25 Apr. 1997) following pressure exerted on the government both from within Romania2  and from abroad (ibid.; Keesing's Apr. 1997, 41607). Costin Georgescu, a close colleague of President Constantinescu, succeeded Magureanu as SRI director (Reuters 18 May 1997; East European Constitutional Review Fall 1997, 34). Georgescu and the new SIE director, Catalin Harnagea (see below), announced intentions to introduce major changes in their respective organizations, but their credibility was reportedly undermined by controversies (East European Constitutional Review Fall 1997, 34). In particular, Georgescu found himself having to explain why he had appointed a former Securitate colonel as a department head (ibid.).

             Foreign Intelligence Service (SIE)

             In January 1998, a law defining the SIE's mandate was passed by the Romanian parliament (Radio Romania Network 6 Jan. 1998; see also APADOR-CH 1998a, Section I); prior to that the SIE's only legal foundation was the 1991 National Security Law (ibid.). The new law, No. 1/1998, states that the SIE is "'the specialized body in the field of foreign intelligence concerning national security and the defence of Romania and its interests'" (APADOR-CH 1997, 135; see also Radio Romania Network 6 Jan. 1998). The SIE is to operate under the supervision of a joint parliamentary commission that has yet to established (ADAPOR-CH 1998c; see also Ziua 10 Sept. 1997). APADOR-CH states that in practice, the SIE reports only to CSAT (1997, 136).

In July 1997, SIE director Ioan Talpes also had to resign following a scandal over the SIE's involvement in a case of espionage against Switzerland (Xinhua 24 July 1997; AFP 30 July 1997; JIR Oct. 1997, 479). President  Constantinescu appointed Catalin Harnagea as his successor a week later (ibid.; AFP 30 July 1997; East European Constitutional Review Fall 1997, 34). Not long afterwards, Harnagea had to deal with suspicions that the SIE was behind then-Foreign Minister Adrian Severin's allegations that leading Romanian politicians and newspaper editors were spying for foreign agencies (ibid.; AFP 24 Sept. 1997; RFE/RL 23 Sept. 1997). In addition, Severin had suggested that some people claiming to be human rights activists were in reality former Securitate informers (AFP 24 Sept. 1997; RFE/RL 23 Sept. 1997). The SRI and SIE stated that they could not confirm Severin's allegations (Romanian Radio 7 Jan. 1998; Adevarul 26 Sept. 1997; Ziua 24 Sept. 1997a; Rompres 23 Dec. 1997). In late 1997, Severin announced his intention of resigning as foreign affairs minister (Rompres 23 Dec. 1997; Keesing's Dec. 1997, 41978; see also AFP 11 Jan. 1998).

             Protection and Guard Service (SPP)

             Since 1991, the SPP has been regulated by the National Security Law (APADOR-CH 1998a, Section IIb). The SPP is currently responsible for watching over and protecting high-ranking Romanian officials and their families, other important Romanians who serve the country, and representatives of foreign countries in Romania (Evenimentul Zilei 1 Aug. 1997; see also Ziua 28 July 1997). In the course of their duties, SPP members can detain any person who is planning or committing an act that threatens the life or health of the people under their guard (Evenimentul Zilei 1 Aug. 1997). However, the SPP is not mandated to carry out criminal investigations (ibid.). It must hand the suspect over to the appropriate authorities, along with the evidence that was used to justify the arrest (ibid.).

In 1997, a bill on the organization and operations of the SPP was tabled in parliament and discussed in parliamentary committees (APADOR-CH 1998a, Section IIb; see also Rompres 9 Apr. 1997). The bill calls for the SPP to be organized as a military structure coordinated by the Supreme National Defence Council (CSAT) and operating under parliamentary oversight (ibid.; Evenimentul Zilei 1 Aug. 1997). Under the bill, the SPP would be responsible for protecting Romanian and foreign dignitaries on Romanian soil, conducting investigations (both independently and jointly with other security services), doing intelligence work and combating terrorism (Rompres 9 Apr. 1997; Evenimentul Zilei 1 Aug. 1997; see also APADHOR-CH 1997, 18).

     The bill would also allow the SPP to engage in activities similar to those carried out by the police and the SRI in the course of their duties; in particular, the SPP would be able "'to demand and obtain objects, [and] documents of official information from public institutions, [...] take photographs and video records'"and engage in "technical operations" (APADOR-CH 1997, 19). According to APADOR-CH, the bill allows but does not require the SPP to ask a prosecutor for a warrant before carrying out these activities (ibid.). Like the police and the SRI, the SPP would be able to record phone conversations, open mail and "enter houses in order to leave or seize objects"; according to APADOR-CH, these powers constitute a "serious threat to human rights" (ibid).

On 4 May 1998 Radio Romania Network reported the appointment of Brigadier General Anghel Stefan Andreescu as head of the SPP. According to the broadcast, "the new director has a mandate from the head of state to submit a restructuring and reform plan for the SPP... within 15 days". Also on 4 May 1998, Rompres reported that the deputy chief of the SPP, Colonel Trutulescu, among others, was arrested "in a case involving an illicit shipment of cigarettes to Bucharest' International Otopeni Airport".

        Internal Affairs Ministry Intelligence Service (UM 0215)

             In 1997, the director of UM 0215 (Military Unit 0215 of the Internal Affairs Ministry), Colonel Constantin Danga, announced that a major restructuring of this unit had been undertaken in order to, among other things, establish closer ties with other intelligence services (Ziua 4 Sept. 1997). In an effort to improve the unit's efficiency, redundant activities were eliminated and seven county section chiefs were dismissed, along with the head of a division, because they only dealt with minor cases (ibid.). The revamped organization will be called the Anti-Crime Investigation and Protection Service (ibid.). Further information on this organization is not available among the sources consulted by the Research Directorate.

             Military Intelligence Department (DIM)

             Major structural changes based on Western models have reportedly been implemented in the DIM and have apparently managed to instill new attitudes in the DIM while avoiding political turmoil (Radio Romania Network 24 July 1997). Details on these changes are not available among the sources consulted by the Research Directorate, however. DIM chief General Decebal Ilina resigned in July 1997 (AFP 22 July 1997; JIR Oct. 1997, 479; Adevarul 24 July 1997) after consulting with Defence Minister Victor Babiuc and the chief of staff, Constantin Degeratu (AFP 22 July 1997). He was replaced by Colonel Cristian Dumitru Bernevig (ibid. 27 Aug. 1997; Rompres 27 Aug. 1997).

             National Council for the Fight against Corruption and Organized Crime

             The National Council for the Fight against Corruption and Organized Crime was established by President Constantinescu soon after he took power in November 1996 (East European Constitutional Review Winter 1997, 24). It is made up of President Constantinescu, the SRI director, and the Justice, Defence and Internal Affairs ministers (ibid.). In January 1997, Miron Cosma, a union leader who had headed the miners' demonstrations in Bucharest in 1990-1991, was arrested  (ibid.; Keesing's Jan. 1997, 41461). The authorities had been accusing him for a long time of crimes involving firearms and sabotage (East European Constitutional Review Winter 1997, 24). In addition, the Council's work led to executives of the first private Romanian bank being arrested for fraud (ibid.). At an April 1997 meeting, the Council decided that it would only deal with extremely serious cases that posed a significant threat to the country's economy or national security (Rompres 5 Apr. 1997).

             Police

        In its review of the events of 1996, APADOR-CH reported that no additional provisions had been introduced into Romania's legal framework in order to prevent police abuses (1996, 21). In fact, the new 1996 Criminal Code and Criminal Procedure Code provisions legalize two police practices that contravene the European Human Rights Convention: wiretapping and intercepting the mail of individuals and corporate bodies in order to prevent a criminal act (ibid.). Although penalties for abuses were increased, there remain a number of unclear points with respect to procedures such as searches, which require either a search warrant issued by a prosecutor or the consent of the person whose quarters are to be searched (ibid.). People can still be detained without an arrest warrant in a police station for an additional 24 hours following the initial 24-hour detention period (ibid.). The legislation regulating police use of firearms contravenes the United Nations' Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (AI Mar. 1997, 1, 8). According to APADOR-CH, there were no major developments in the situation in 1997 (1997, 21; see also RFE/RL 21 Apr. 1998).

     In late February 1997, it was announced that Colonel Pavel Abraham was replacing General Costica Voicu as the new Romanian police chief (AFP 27 Feb. 1997; Daily Digest 28 Feb. 1997). Abraham was promoted to the rank of general in June 1997, but was then removed from his post in early September 1997, reportedly because his performance had been unsatisfactory (Rompres 9 Sept. 1997). Brigadier General Nicolae Constantin Berechet took over as the new police chief in November 1997 (ibid. 6 Nov. 1997). In addition, about 20 generals and senior police officers were replaced in February 1997 because of their poor results in the fight against organized crime (Daily Digest 3 Mar. 1997; see also The Economist 3 May 1997). However, APADOR-CH notes that there has been [translation] "no purge" as such in the police forces since 1989 (AFP 9 Mar. 1998b).

Police reportedly use excessive force when arresting people suspected of a crime; in such cases, they later justify their actions by claiming that the suspect had insulted them (APADOR-CH 1996, 37; ibid. 1997, 2; see also AI Mar. 1997, 1; AFP 9 Mar. 1998b). Cases of police ill-treating people continued to be reported throughout 1997 (APADOR-CH 1997; AP 18 Mar. 1998; AFP 9 Mar. 1998b). Human Rights Watch and Amnesty International registered numerous cases of police brutality against Roma (HRW 1998, 269-270; AFP 22 Apr. 1998) and homosexuals (HRW 1998, 270.; see also In These Times 16 Feb. 1997). Police reportedly detained people and beat them to get information or confessions (AP 18 Mar. 1998; Country Reports 1997 1998, Section 1c; United Nations 10 Jan. 1997, para. 166). Police are also reported to have inflicted torture and other ill-treatment on detainees3 (Country Reports 1997 1998, Section 1c; APADOR-CH 1997, 55; RFE/RL 21 Apr. 1998).

     According to a number of sources, police use firearms in circumstances that do not warrant such action (APADOR-CH 1997, 22; AI Mar. 1997, 1; RFE/RL 21 Apr. 1998); such unjustified use of firearms has reportedly resulted in several people being killed and a number of others being wounded (AI Mar. 1997, 1; AFP 22 Apr. 1998).

APADOR-CH reports that police frequently misuse their power; for example, people arrested for not having proper identity papers (only passports and identity cards are recognized as official identity documents by police) are taken to a police station and detained for up to 24 hours without any legal action being instituted against them (1997, 21-22). People sometimes find out only when they are brought before a court that they had been fined and that the fine was changed to a prison term because they had not paid it (ibid., 22). Police often ignore the Criminal Code provision that requires family members of a detainee to be informed within 24 hours of the latter's arrest (United Nations 10 Jan. 1997, para. 167).

APADOR-CH cites the case of Ion Laurentiu Corneliu Apostolescu, who was beaten and wounded by policemen who accosted him in the Bucharest subway in the night of 17 November 1996 (1996, 36-37). Apostolescu, his son and his nephew had been returning from a demonstration held at the university after the presidential elections were announced when one of the policemen ordered Apostolescu to hand over the Romanian flag he was carrying; the policeman then began to brandish the flag and insult Apostolescu (ibid.). Two civilians claiming to be firemen joined the fray, and the situation degenerated (ibid., 37). Although an investigation was held after the victims lodged a complaint, no charge was brought against either the policemen or the firemen while the victims were accused of disturbing the peace (APADOR-CH 1997, 28).

In another case, this time in December 1996, police ill-treated two men whom they had arrested because of alleged irregularities in their identity cards; the victims were beaten by the policemen and bitten by dogs that the policemen set on them (AP 18 Mar. 1998; APADOR-CH 1997, 29). An investigation launched after the two men lodged complaints with the appropriate authorities (including the police) singled out two policemen as being responsible for the incident, and the victims were notified that these policemen would be prosecuted; however, there are no reports indicating that prosecution actually took place (ibid., 29).

In yet another incident, on 3 February 1997, police burst into the home of Danut Iordache without a warrant or any other proper authorization and carried out a search (APADOR-CH 1997, 35-36). They took Danut Iordache to a police station and detained him until the afternoon of 5 February, when he was released (ibid.). He was reportedly ill-treated while in detention (ibid.). On 19 February 1997, police again came to Iordache's house and confiscated a number of objects before arresting him (ibid.). As of the 1997 date of the APADOR-CH report, he was reportedly being held in the Bucharest penitentiary without having been informed of the reasons for his arrest and without having been charged (ibid.). He has complained to the military department of the chief prosecutor's office about the police's improper behaviour, but has received no word of any investigation into the matter (ibid.).

In June 1997, a child caught stealing some ice-cream was captured by police, who proceeded to beat and kick him after hanging him by his feet from a bridge (APADOR-CH 1997, 43-49; AP 18 Mar. 1998; AFP 9 Mar. 1998b). The police were trying to obtain information about a gang that had committed a robbery a few months earlier in the store where the boy had been caught (APADOR-CH 1997, 45-46). After an investigation conducted by the military prosecutor's office, the policemen responsible for mistreating the child were charged; their trial opened in January 1998 (ibid., 47).

Also in June 1997, three men from Constanta accused of engaging in homosexual acts claimed to have been beaten by members of the Civilian Guard and a major in the municipal police (HRW 1998, 270).

According to APADOR-CH, police beat a number of Roma who were detained in July 1997 (AP 16 Mar. 1998). In Mangalia, in particular, police are reported to have seriously injured Belmondo Cobzaru, the son of a Romani leader, in July 1997, when Cobzaru went to the police to report a dispute between himself and a relative (APADOR-CH 1997, 41-43; AP 16 Mar. 1998). The police beat Cobzaru and then forced him to sign a declaration that he had actually been beaten by his relative and the latter's friends (APADOR-CH 1997, 41-42). Cobzaru asked the Internal Affairs Ministry and the military prosecutor's office to conduct an inquiry into the matter and punish the policemen who had beaten him; the case is under investigation (ibid., 42-43).

     Sources report that investigations launched by the authorities (the police and the military prosecutor) into allegations of abuse have never thoroughly examined the cases or the evidence submitted (AI Mar. 1997, 9; United Nations 10 Jan. 1997, para. 168, see also Country Reports 1997 1998, introduction). Policemen have very rarely been punished for their crimes (Country Reports 1997 1998, introduction). Charges can be laid only if there is irrefutable evidence, but the only witnesses in such cases are other policemen who are unwilling to testify against their colleagues (La lettre hebdomidaire de la FIDH 5-12 Feb. 1998). As a result, charges are rarely laid by the military prosecutors responsible for investigating complaints against the police (APADOR-CH 1997, 22; United Nations 10 Jan. 1997, para. 168); further, if a new investigation is ordered, it is entrusted to the same person who conducted the initial investigation (APADOR-CH 1997, 22). The decisions rendered by military  prosecutors cannot by appealed to civilian courts; the complainant can only appeal to a higher military court (United Nations 10 Jan. 1997, para. 168).

According to an AP report, the authorities are reportedly lenient towards policemen even when charges are formally brought against them (AP 18 Mar. 1998; see also HRW 1998, 270; La Lettre hebdomidaire de la FIDH 5-12 Feb. 1998). Other reports allege that people who complain about police abuse are intimidated and harassed (AFP 9 Mar. 1998b; APADOR-CH 1997) and that some are formally charged with insulting the police officers (AFP 9 Mar. 1998b).

     Internal Affairs Minister Gapril Dejeu announced in 1997 that more than 5,700 cases of abuse by the police and Internal Affairs Ministry agents had been registered in the first quarter of 1997 (APADOR-CH 1997, 55).

        Further Considerations

        APADOR-CH emphasizes that those who want to protest against their treatment at the hands of the security services cannot bring their case before a court (1998a, Section IV). Rather, they have to take their complaint to a prosecutor or a parliamentary commission mandated to oversee the security services (ibid.). In one instance, a Romanian asked the European Commission of Human Rights to judge a case where Romanian security services allegedly gave out false information about a Romanian citizen; the European Commission of Human Rights  agreed to hear the case (ibid.).

     Country Reports 1997 states "there were no confirmed instances" in 1997 where the security forces violated the right to privacy of citizens (by opening mail or wiretapping) (1998, Section 1f). Country Reports 1997 also indicates that no one was detained in 1997 because of his or her political activities (ibid., Section 1d). However, according to Amnesty International, there was at least one such case in 1996 (1997, 265) and several others in 1997 (RFE/RL 21 Apr. 1998).

For more information on the structure and activities of the intelligence services and the police in Romania, please see APADOR-CH's report for 1997. APADOR-CH has also published three reports in 1998 on the Romanian security services: Report on Security Services in Romania, Report on Wiretapping and Electronic Surveillance in Romania and Parliamentary Oversight on Security Services in Romania.

     This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

     Adevarul (Internet Version) [Bucharest, in Romanian]. 6 November 1997. "Romania: 'Sources' Say 'Only' 100,000 Securitate Informers Alive." (FBIS-EEU-97-310 6 Nov. 1997) [Internet] [Accessed 18 Mar. 1998]

     _____. 26 September 1997. "Romania: Daily Cites Severin's Remarks in TV Dialogue." (FBIS-EEU-97-272 29 Sept. 1997) [Internet] [Accessed 18 Mar. 1998]

_____. 24 July 1997. "Romania: Daily Views 'Pangs' of Change of Secret Services." (FBIS-EEU-97-205 24 July 1997) [Internet] [Accessed 18 Mar. 1998]

Agence France Presse (AFP). 22 April 1998. "Romanian Press Blasts Amnesty Report on Rights Abuses."

_____. 18 March 1998. Calin Neascu. "Romanians Still Looking Over their Shoulders." (NEXIS)

_____. 9 March 1998a. Calin Neacsu. "La Securitate, encore omniprésente à tous les échelons de l'État."

_____. 9 March 1998b. "Nombreuses violations des droits de l'homme en Roumanie, selon une ONG."

_____. 11 January 1998. "Réunion à huis clos pour tenter de résoudre la crise gouvernementale."

_____. 29 October 1997. "Les services de renseignements accusés d'utiliser les méthodes de la Securitate."

_____. 20 October 1997. "Les ex-informateurs de la Securitate, devront démissionner, selon un projet de loi." (NEXIS)

_____. 24 September 1997. "Romanian FM Accuses Media, Political Chiefs of Spying." (NEXIS)

_____. 27 August 1997. "Nomination d'un nouveau chef des renseignements militaires roumains."

_____. 4 August 1997. "Les Tziganes roumains créent leur propre "service secret"."

_____. 30 July 1997. "Nomination d'un nouveau chef du Service d'informations extérieures."

_____. 22 July 1997. "Le chef des renseignements militaires annonce sa démission."

_____. 25 April 1997. Mihaela Rodina et Calin Neacsu. "Crise à la tête des services secrets et 'guerre des barbouzes' en Roumanie."

_____. 22 April 1997. "L'ex-chef de la Securitate réclame un 'nettoyage'."

_____. 25 March 1997. Calin Neascu. "Les Roumains pourront bientôt consulter leurs dossiers de la Securitate."

_____. 27 February 1997. "Limogeage du chef de la police roumaine."

Amnesty International (AI). March 1997. "Roumanie. Usage illégal d'armes à feu par des responsables de l'application des lois." (AI Index: EUR 39/01/97). London: Amnesty International.

     _____. 1997. Amnesty International Report 1997. London: Amnesty International.

The Association for the Defense of Human Rights (APADOR-CH). 1998a. Report on Security Services in Romania. Electronic version sent to the Research Directorate by an APADOR-CH representative.

_____. 1998b. Report on Wiretapping and Electronic Surveillance in Romania. Electronic version sent to the Research Directorate by an APADOR-CH representative.

_____. 1998c. Parliamentary Oversight on Security Services in Romania. Electronic version sent to the Research Directorate by an APADOR-CH representative.

_____. 1997. Human Rights Development in Romania. The Activities of the Romanian Helsinki Committee (APADOR-CH). Electronic version sent to the Research Directorate by an APADOR-CH representative.

_____. 1996. Human Rights Development in Romania. The Activities of the Romanian Helsinki Committee (APADOR-CH). Bucharest: APADOR-CH.

     Associated Press (AP). 18 March 1998. "Police Abuses Reported in Romania." (NEXIS)

_____. 16 March 1998. Mihaela Armaselu. "Gypsies Protest Against Racism with AP Photo BUC101." (NEXIS)

_____. 11 July 1997. "Defector Warns U.S. Against Early NATO Admission of Romania." [Internet] [Accessed 20 Mar. 1998]

     Country Reports on Human Rights Practices for 1997. 1998. United States Department of State. Washington, D. C.: United States Government Printing Office.

Daily Digest [Prague]. 3 March 1997. Michael Shafir. "Police Shake-up Continues in Romania." [Internet] [Accessed 26 Mar. 1998]

     _____. 28 February 1997. Zsolt Mato. "Romanian Police Chief Replaced." [Internet] [Accessed 26 Mar. 1998]

     Dimineata (Internet Version) [Bucharest, in Romanian]. 8 October 1997. "Romania: Official Outlines SRI Restructuring Plans." (FBIS-EEU-97-281 8 Oct. 1997) [Internet] [Accessed 18 Mar. 1998]

East European Constitutional Review (EECR) [Chicago]. Fall 1997. Vol. 6, No. 4. "Constitutional Watch: Romania."

     _____. Winter 1997. Vol. 6, No. 1. "Constitutional Watch: Romania."

     The Economist [London]. 3 May 1997. "Romania's Chief Sheriff." (NEXIS)

Evenimentul Zilei [Bucharest, in Romanian]. 31 October 1997. "Romania: PD Legislator Accuses SRI of 'Illegal' Activity." (FBIS-EEU-97-307 3 Nov. 1997) [Internet] [Accessed 18 Mar. 1998]

     _____. 1 August 1997. "Romania: Draft Law on Protection Service Reviewed." (FBIS-EEU-97-166 1 Aug. 1997) [Internet] [Accessed 18 Mar. 1998]

Financial Times [London]. 2 January 1998. "Revealing Romania's Shameful Past: Anatol Lieven on a Fight Over Communist Files, Eight Year After the Revolution." (NEXIS)

     Human Rights Watch (HRW). December 1997. Human Rights Watch World Report 1998. New York: Human Rights Watch.

Jane's Intelligence Review (JIR) [London]. October 1997. Vol. 9, No. 10. Ben N. Venzhe. "Recent Intelligence Community Developments; Romania."

Keesing's Record of World Events [Cambridge]. December 1997. Vol. 43, No. 12. "Romania; Replacement of Foreign Minister."

     _____. October 1997. Vol. 43, No. 10. "Romania; Agreement to Open Securitate Files."

_____. April 1997. Vol. 43, No. 4.  "Romania; Resignation of Intelligence Agency Director."

_____. January 1997. Vol. 43, No. 1.  "Romania; Arrest of Miners' Leader."

     La Lettre hebdomadaire de la FIDH. 5-12 February 1998. Nos. 729-730. "Roumanie. Des efforts à confirmer. Analyse et résumé d'un rapport annuel (1997) sur la situation des droits de l'homme, établi conjointement par quatre ONG roumaines."

The New York Times. 4 February 1998. Jane Perlez. "Romania Still Divided by Issues of Opening Old Secret Police Files." (NEXIS)

     Radio Free Europe/Radio Liberty (RFE/RL). 21 April 1998. Ben Partridge. "Romania: Amnesty International Reports Further Human Rights Abuses."

_____. 23 September 1997. "Romania: Minister Calls Politicians and Journalists Spies."

Radio Romania Network [Bucharest, in Romanian]. 4 May 1998. "Romania: President Appoints General Andreescu as new SPP Chief." (FBIS-EEU-98-124 4 May 1998) [Internet] [Accessed 11 May 1998]

_____. 6 January 1998. "Romania: Romanian President Promulgates Law on Operation of SIE." (FBIS-EEU-98-006 6 Jan. 1998) [Internet] [Accessed 7 Apr. 1998]

_____. 24 July 1997. "Romania: Defense Ministry Issues Statement on Intelligence Service." (FBIS-EEU-97-205 24 July 1997) [Internet] [Accessed 18 Mar. 1998]

_____. 30 April 1997. "Romania: SRI Head Presents Activity Report, Addresses Parliament." (FBIS-EEU-97-120 30 Apr. 1997) [Internet] [Accessed 9 Mar. 1998]

_____. 8 April 1997. "Romania: Constantinescu Chairs Supreme Defense Council Meeting." (FBIS-EEU-97-098 8 Apr. 1997) [Internet] [Accessed 9 Mar. 1998]

Reuters. 18 May 1997. "Romanian President Nominates Ally to Head Spy Agency" (NEXIS)

_____. 25 April 1997. "Romania's Chief Spy Tenders Resignation-Spokesman." (NEXIS)

_____. 23 January 1997. "Romania Replaces Top-Echelon Army Officers." (NEXIS)

Romanian Radio [Bucharest, in Romanian]. 7 January 1998. "Supreme Defence Council Rejects Ex-Minister's Espionage Allegations." (BBC Summary 9 Jan. 1998/NEXIS)

Rompres [Bucharest, in Romanian]. 4 May 1998. "Romania: Police Arrest SPP Colonel Involved in Smuggling Affair." (FBIS-EEU-98-124  4 May 1998) [Internet] [Accessed 11 May 1998]

_____. 27 March 1998. "Romania: Constantinescu Congratulates SRI on Anniversary." (FBIS-EEU-98-086 27 Mar. 1998) [Internet] [Accessed 7 Apr. 1998]

_____. 23 December 1997. "Romania: Romanian Foreign Minister Severin to Resign." (FBIS-EEU-97-357 23 Dec. 1997) [Internet] [Accessed 20 Mar. 1998]

_____. 6 November 1997. "Romania: Romanian Government Appoints Berechet as New Police Chief." (FBIS-EEU-97-310 6 Nov. 1997) [Internet] [Accessed 20 Mar. 1998]

_____. 9 September 1997. "Romania: Politicians React to Police Chief's Dismissal." (FBIS-EEU-97-252 9 Sept. 1997) [Internet] [Accessed 20 Mar. 1998]

_____. 27 August 1997. "Romania: New Military Information Department Head Appointed." (FBIS-EEU-97-239 27 Aug. 1997) [Internet] [Accessed 18 Mar. 1998]

_____. 9 April 1997. "Romania: Parliament Forwards Proposal for SPP Operation." (FBIS-EEU-97-099 9 Apr. 1997) [Internet] [Accessed 9 Mar. 1998]

_____. 5 April 1997. "Romania: Constantinescu Chairs Anticorruption Council Meeting." (FBIS-EEU-97-095 5 Apr. 1997) [Internet] [Accessed 9 Mar. 1998]

     In These Times [Chicago]. 3 February 1997. Paul Hockenos. "Romania's New Anti-Gay Law." (NEXIS)

United Nations. Economic and Social Council. Human Rights Committee. 10 January 1997. Rapport soumis par le Rapporteur spécial, M. Nigel S. Rodley, en application de la résolution 1995/37 B de la Commission des droits de l'homme. (E/CN.4/1997/7)

The Washington Times. 18 April 1997. Michael Ledeen et Ion Mihai Pacepa. "NATO Expansion and Romanian Blackmail."

     Xinhua News Agency. 24 July 1997. "Spying Scandal Makes Romanian Intelligence Chief Resign." (NEXIS)

     Ziua [Bucharest, in Romanian]. 24 September 1997a. "Romania: Security Implications of Espionage Claims Viewed." (FBIS-EEU-97-269 26 Sept. 1997) [Internet] [Accessed 18 Mar. 1998]

     _____. 24 September 1997b. "Romania: Former Securitate Agent Asks for Employment with SRI." (FBIS-EEU-97-269 26 Sept. 1997) [Internet] [Accessed 18 Mar. 1998]

_____. 10 September 1997. "Romania: SIE Chief Confers with Defense Commission Legislators." (FBIS-EEU-97-253 10 Sept. 1997) [Internet] [Accessed 18 Mar. 1998]

_____. 4 September 1997. "Romania: Interior Ministry Intelligence Service to be Restructured." (FBIS-EEU-97-247 4 Sept. 1997) [Internet] [Accessed 18 Mar. 1998]

_____. 4 August 1997. "Romania: Romanian Gypsies Ready to Set Up Own Secret Service." (FBIS-EEU-97-217 5 Aug. 1997) [Internet] [Accessed 18 Mar. 1998]

_____. 28 July 1997. "Romania: Liberal Party Draft Law Detailed on National Security." (FBIS-EEU-97-210 29 July 1997) [Internet] [Accessed 20 Mar. 1998

_____. 30 June 1997. "Romania: Daily Views Reasons for 'Shock' at US Stance on NATO." (FBIS-EEU-97-181 30 June 1997) [Internet] [Accessed 20 Mar. 1998]

NOTES:

1 Law No. 14/1992, passed by the Romanian parliament in April 1992, defines the organization and operations of  the SRI (APADOR-CH 1998a, section 1).

2 It was believed by some that the departure of Magureanu, a former Securitate agent, would help Romania in its bid to join NATO (ibid.; Reuters 25 Apr. 1997).

3 For more information on conditions of detention, please see pages 57-100 of APADOR-CH's 1997 annual report, entitled Human Rights Developments in Romania. The Activities of the Romanian Helsinki Committee.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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