Romania: Human rights in Romania especially regarding 1) freedom of expression, 2) freedom of religion, and 3) freedom of movement

1. Specific articles of the Romanian Criminal Code and other bodies of law provide specification as to the practical application of constitutional principles regarding freedom of expression in Romania. Article 166 of the Criminal Code punishes "propaganda against the socialist state" with between 5 and 15 years imprisonment. The same penalty can be applied to those who produce "Propaganda of a fascist nature made public by any means." Also covered by the article are people engaging in "any action in order to change the socialist order, or from which danger to the security of the State may result." [ Amnesty International, Amnesty International Report 1988 (London, 1988), p. 210; Amnesty International, Cases of Religious and Political Imprisonment (AI Index: EUR 39/15/85; Distr: SC/CO/GR; September 1985), pp. 66-7.] Amnesty International states that Article 166 is often used against those who "express opinions critical of the authorities, [and] especially of [Romanian] President [Nicolae] Ceausescu personally." [ Amnesty International, Romania: Human Rights Violations in the Eighties (London: Amnesty International Publications Ltd., 1987), p. 11.]

Article 69 of the 1974 Press Code effectively limits freedom of the press. It states that such freedom "cannot be used for purposes which are contrary to the socialist system, the legal order established by the Constitution and the other laws, contrary to the rights and interests of physical and juridical persons and to socialist morality." [ Amnesty International, Romania: Cases of Religious and Political Imprisonment, p. 2.]

A final legislative hindrance to freedom of expression is the so-called "typewriter decree" of October 1985. This made the renting or lending of typewriter illegal. Owners have to receive an authorization from the militia. The purchase and inheritance of typewriters also has to authorized. Personal details such as address of owner are included with registration. [ "The Great Romanian Typewriter Decree," Index on Censorship, January 1986; William Echikson, "Ceausescu stands firm as workers rebel," The Christian Science Monitor [London], 21-27 December 1987.]

In practice, freedom of expression in Romania has been described as "severely restricted" with the government controlling the domestic dissemination of information. [ U.S. Department of State, Country Reports on Human Rights Practices for 1988 (Washington: U.S. Government Printing Office, 1989), p. 1173.] A 1981 report indicates that at that time, the regime countered various attempts at independent political expression through opening mail, tapping telephones, and police surveillance. [ Internationale Gesellschaft für Menschenrechte, Menschenrechte in der Sozialistischen Republik Rumänien (Frankfurt, 1981), p. 7.] Amnesty International provides six specific examples of people imprisoned for attempting to exercise freedom of expression. [ Amnesty International, Romania: Human Rights Violations, pp. 11-2.]

A common form of protest in Romania has been the open letter. The most recent and well-known example of this is the letter sent, by six former high-ranking officials of the Romanian Communist Party (RCP), to Ceausescu in March 1989. At first the government arrested some of the immediate family members of the signatories. One was charged with "spying for a foreign power." [ Jonathan Eyal, "Ceausescu seeks to snuff out party dissidents' spark of protest," The Financial Times [London], 20 March 1989.] Soon, the six signatories themselves were thought to be under house arrest and a report in The Financial Times of London states this was still the case in early June 1989. [ Leslie Colitt, "Spirit of glasnost fails to reach Romania," The Financial Times, 7 June 1989; see also Ian Traynor, "Resentment grows over `Maosescu's rule," The Manchester Guardian Weekly, 8 May 1988.] They were reportedly being interrogated daily, except for the 94-year-old Constantin Pirvulescu. [ Colitt, "Spirit of glasnost".]

In November 1987, workers in Romania's second largest city of Brasov demonstrated. The unrest began when 20 000 workers were told that their pay would be cut by 20 percent because of shortfalls in production quotas. In the demonstration that followed, they reportedly attacked the city hall and the communist party headquarters. [ Michel M. Solomon, "Le Roumanie, l'éthiopie de l'Europe?," Le Devoir [Montréal], 18 December 1987; Staar, 1988 Yearbook, p. 308.] Reports, some emanating from Romanian exiles, state that at least 200 were arrested and one report mentions that 80 disappeared. At least 60 were sentenced to prison terms of one to four years for "hooliganism". The riots were followed by demonstrations in other cities but details of arrests are less clear. [ See Echikson, "Ceausescu stands firm"; Europa Year Book 1988 (London: Europa Publications Ltd., 1988), pp. 2238-9; Documentation Réfugiés, 24 June/3 July 1989, p. 8; Radio Free Europe, "Situation Report: Romania," Radio Free Europe Research, 13 January 1988, p. 25.] In mid-January, a report from the research branch of Radio Free Europe speculated that many involved in the unrest would relocated to work in mines in other parts of the country. This reportedly happened to as many as 4000 involved in the Jiu Valley strikes of 1977. [ Radio Free Europe, "Situation Report," 13 January 1988, p. 26.] After the unrest in Brasov, 7 prominent Romanian dissidents were arrested. [ Ibid., pp. 26-7.] By July 1988, at least one had been released. [ Radio Free Europe, "Situation Report: Romania," Radio Free Europe Research, 20 July 1988, p. 27.]

There is a report of students burning portraits of Ceausescu in February 1987 in Transylvania. Skirmishes with police resulted and 20 were reportedly hospitalized. [ "Création d'un mouvement d'opposition en Roumanie," Le Devoir [Montréal], 18 March 1987.]

There are numerous reports of individual acts of protest as well, most of which are met with arrest and detention, if not imprisonment. In one case the author of a critical letter to Ceausescu, Don Desliu, was transferred to a Bucharest psychiatric hospital in April 1989. [ Documentation Réfugiés, 15/24 April 1989, p. 9.] Other cases involved persons who had complained of wrongful dismissal from a job, complained to relatives visiting from abroad, or had been accused of distributing leaflets encouraging opposition to the government. In the first two cases, the defendants were sentenced to 8 and 6-year imprisonments respectively. [ Amnesty International, "Romania: Cases of Religious and Political Imprisonment," pp. 66-7; Amnesty International, 1988 Report, p. 210.]

In at least two instances, Romanians have been dismissed from their jobs and/or expelled from the Communist Party after granting interviews with a Western newspaper in which they criticized the government. They were Mircea Dinescu and Don Petrescu, former a journalist/writer. [ Documentation Réfugiés, 16/25 March 1989, p. 8.] In late December 1987, police entered the home of on e romanian man and found manuscripts critical of the government. he was arrested but Amnesty International remained unaware of the charges. [ Amnesty International, Urgent Action, AI Index: EUR /39/01/88 Distr: UA/SC 22 June 88.]

Doina Cornea and three others were arrested in December 1987 for trying to talk to Western reporters. In June 1989, she was still under house arrest and prevented from attending a symposium in Paris with other internationally known women active in human rights. [ "Doina Cornea, fantôme de l'Opéra," Libération [Paris], 24/25 June 1989; "Rumania Said to Bar Dissidents From Visitors," The New York Times, 17 December 1987.] On 1 December 1987, Silviu Brucan, a veteran state and party official, was also put under house arrest for attempting to talk to reporters. After the unrest in Brasov, he had issued a statement urging the government to come to address workers' grievances. [ Radio Free Europe, "Situation Report," 13 January 1988, p. 27; "Rumania Said to Bar".]

Journalists have been targets of the government. In late January 1989. three journalists were arrested and accused of producing "anti-Ceausescu" pamphlets. [ See following issues of Documentation Réfugiés: 4/13 February 1989, p. 9; 4/13 July 1989, p. 7. The 5/14 April 1989 issue states that two journalists with Romania Libre and two art critics with Romania Pitoreascu were arrested. See also "Four countries hold political prisoners," The Ottawa Citizen, 27 October 1989, p. A9.] They were reportedly still in detention in mid-July 1989, their place of detention being still unknown. [ Documentation Réfugiés, 4/13 July 1989, p. 7.] In early May 1989, the League for the Defence of Human Rights in romania reported that three other journalists had been jailed for defending their colleagues in jail. [ Documentation Réfugiés, 25 April/4 May 1989, p. 6.]

Regarding freedom of association, Article 27 of the Constitution states that citizens "shall have the right to associate themselves in trade unions, in co-operative, youth, women's and socio-cultural organizations, in creative unions, scientific, technical and sports associations, and in other public organizations." [ Gisbert H. Flanz, "Romania," in Albert P. Blaustein and Gisbert H. Flanz, eds., Constitutions of the Countries of the World (Dobbs Ferry, NY: Oceana Publications, Inc., 1987), p. 11.] Decree 153 of 1970, dealing with "parasitism," also addresses itself to the formation of groups. The "launching or forming of groups which by their behaviour show that they have a parasitical or anarchist view of life running counter to elementary rules of descent behaviour and to whom the principles of socialist co-existence are alien; as well as supporting such groups in any way or joining one of them," is punishable by imprisonment of 1 to 6 months. Judgements are made summarily. Specific cases indicate that actual sentences have ranged from 4-6 months. [ Amnesty International, "Romania: Cases of Religious and Political Imprisonment," pp. 5-6; Amnesty International, Romania: Human Rights Violations, p. 17.]

According to the U.S. Department of State Country Reports, the end effect of the above legislation is that no group independent of the government or the party is permitted to exist. [ U.S. Department of State, Country Reports 1988, p. 1174.] Association with foreigners is also constrained by Decree 408 which obligates citizens to report all such contacts within 24 hours. [ Ibid.. See also "Romania's darkness," The Economist, 22 April 1989, p. 16; "In the land of Decree 408," The Economist, 15 November 1986.]

In February 1985, a member of the outlawed National Peasant Party wrote a letter to Ceausescu stating his intention to run for election as a member of the Grand National Assembly. He also protested the monopoly of power by the RCP. He was subsequently detained and fined in April 1986. He and his family were under house arrest in October 1986 after he wrote a letter in support of a joint declaration on the anniversary of the Hungarian revolution of 1956. [ Amnesty International, Romania: Human Rights Violations, pp. 25-6.]

2. Religious guarantees within the Romanian Constitution are limited by Decree 177 of 1948, which states, "Anyone can belong to any religion or adhere to any belief, providing that their proactive does not stand in contradiction to the Constitution, to public security and order and to good morals." [ Amnesty International, "Romania: Cases of Religious and Political Imprisonment," p. 4.]Before the Second World War, there were over 60 recognized religious denominations in the country. In 1948, this number was reduced to 14 and all recognized denominations were put under state supervision. [ Internationale Gesellschaft für Menschenrechte, Menschenrechte in der Sozialistischen Republik Rumänien, pp. 9-10; Amnesty International, "Cases of Religious and Political Imprisonment," p. 4; U.S. Department of State, Country Reports, p. 1174.] The view of the party to religion in Romania was summarized in a statement by Ceausescu to the RCP Congress of 1977. He stated that "backwardness, superstition, and religion" [translation] had no place within the ideal of Communist society. [ Internationale Gesellschaft für Menschenrechte, Menschenrechte in der Sozialistischen Republik Rumänien, pp. 9-10]

The largest religious denomination is the Romanian Orthodox Church, which accounts for between 80 and 85 percent of the population. [ U.S. Department of State, Country Reports 1988, p. 1174; Europa 1988, pp. 2251-2.] While the Orthodox Church "usually avoids confrontation" with the government, [ Echikson, "Ceausescu stands firm".] a November 1986 report states that younger clergymen in the Orthodox Church were becoming more critical of "the hierarchy's failure to stand up to the state." [ Human Rights Internet Reporter, November 86, Article number 8143.001.] An August 1989 report by the League for the Defence of Human Rights in Romania mentions "a series of aggressions" against Orthodox priests in the Bucharest area. In one instance, the victim died of his wounds. [ Documentation Réfugiés, 24 July/2 August 1989, p. 6.]

There are a number of religions not recognized by the government, whose members risk punishment for holding unauthorized meetings. These include the Uniate Church (also known as the Catholic Church of the Byzantine Rite), the Lord's Army (a revival movement within the Orthodox Church; 400 000 members), the Church of Jesus Christ of Latter Day Saints, the Nazarenes, the Jehovah's Witnesses, and unofficial Baptist groups. [ U.S. Department of State, Country Reports 1988, p. 1174; Amnesty International, "Cases of Religious and Political Imprisonment," p. 4; Bernard Gwertzman, "Schultz in Rumania, Warns Chief On Treatment of Christian Sects," The New York Times, 16 December 1985.] The government considers the Nazarenes and Jehovah's Witnesses to be groups that inspire "anti-social" behaviour, while member's of the Lord's Army have reportedly received fines for illegal assembly, been the targets of surveillance, and have lost their jobs. [ U.S. Department of State, Country Reports 1988, pp. 1174-5.] Baptists and Adventists are frequent targets of government coercion. [ See Internationale Gesellschaft für Menschenrechte, Menschenrechte in der Sozialistischen Republik Rumänien, pp. 11-18.]

3. Article 245 of the Romanian Criminal Code deals with the "fraudulent crossing of national boundaries". Those convicted can be sentenced to prison terms between 6 months and 3 years. [ Documentation Réfugiés, 15/24 January 1989, p. 8; Amnesty International, The Imprisonment of Persons Seeking to Leave a Country or to Return to Their Own Country (AI Index: POL 03/02/86; Distr: SC/PG, April 1986); Elzbieta Godziak, East to East: Refugees From Rumania In Hungary (Washington: Refugee Policy Group, 1989), p. 5; Amnesty International, Romania: Human Rights Violations, p. 18.] Amnesty International documents cases where actual sentences ranged between 1 year to 18 months. [ Amnesty International, Romania: Human Rights Violations, p. 20.] The county court of Timis, at the western edge of the country, tries most Article 245 cases. Amnesty International documents 11 cases on 11 December 1986 alone. [ Amnesty International, Romania: Human Rights Violations, p. 19.] Assisting people to leave illegally is also a punishable offence. In one case, a man received a 2 1/2 year sentence for helping his brother cross the border illegally. [ Amnesty International, "Cases of Religious and Political Imprisonment," p. 11.]

Article 253 of the Romanian Criminal Code states that those entrusted on a state mission abroad or in possession of state secrets, who fail to return after their assigned period out of the country, face imprisonment of 1 to 7 years. [ Office of the United Nations High Commissioner For Refugees (UNHCR), Memorandum on "Illegal Departure and Unauthorized Absence ("Republikflucht") as an Element in the determination of refugee status," 21 January 1981, p. 10.]

While this does not apply to ordinary tourists who overstay their exist permits, Article 237 of the Criminal Code specifies that those charged with "slandering of a governmental or public organization" face imprisonment of 3 months to 2 years, or a fine. In addition Article 251 of the Criminal Code provides for a prison term of 6 months to 5 years, for "divulging data and information which are State secrets but which are not intended for the public". [ Ibid.] As a UNHCR memorandum states, "It could be imagined that applications for asylum abroad, in the course of which applicants usually claim to have been persecuted or discriminated against, could be considered to be slanderous as per paragraph 237, or to divulge information as per paragraph 251." [ Ibid.]

Unauthorized absence can also lead punishments of an administrative nature. Those remaining abroad illegally could have their private property confiscated by the state.("Romania to Make Emigrants Repay Costs of Education Before Leaving" in The International Herald Tribune (January 1987); unhcr, jan 81). There are also some reports that late returnees are discriminated against in matters of employment. [ UNHCR Memorandum.]

One source states that some Romanians who left illegally, return home to visit and "most do so without serious difficulty if they have first renounced their Romanian citizenship or have received Government approval as Romanian citizens resident abroad." [ US Department of State: World Refugee Report (Washington, September 1988) p. 61.]

Those who apply to emigrate legally reportedly face harassment, imprisonment and torture. Sometimes, an application results in lose of job and anonymous threats. [ Amnesty International, "Cases of Religious and Political Imprisonment," p. 11; Amnesty International, The Imprisonment of Persons; Amnesty International, 1988 Report, p. 211; "Rights group accuses Romania of using harassment, torture," The Globe and Mail, 8 July 1987, p. A1.] Amnesty International describes one case in which an ethnic German man was imprisoned in 1987. He had been requesting legal emigration to West Germany since 1982. [ Amnesty International, 1988 Report, p. 211.] In another case, a man was denied a tourist visa because his daughter had left the country illegally. [ Amnesty International: "Imprisonment of Persons Seeking to Leave a Country or Return to their Own Country" (April 1986), p. 14)]