Subject: Amnesty International and Gays in Romanian Jails

From: Bj|rn Skolander <[email-masked]>
Date: Tue, 17 Oct 1995 18:24:53 +0100 (MEZ)

From: [email-masked]

This News Service is posted by the International Secretariat of Amnesty
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ROMANIA: AMNESTY INTERNATIONAL CALLS ON EUROPEAN AND ROMANIAN
PARLIAMENTARIANS TO ENSURE THAT LEGISLATIVE REFORMS RESPECT
HUMAN RIGHTS

European and Romanian parliamentarians should review recent
legislative amendments and the human rights situation in
Romania, Amnesty International said on the eve of a meeting
between the Mixed Parliamentary Commission of the European
Union and the Romanian Government on 16 October in Brussels .

      "Far from guaranteeing freedom of expression, many of
these amendments would impose even greater restriction on
this fundamental human right than those already in force,"
the organization said. 

      On 22 May 1995 Amnesty International published a
report, presenting cases of continued violations of human
rights. These included the imprisonment of prisoners of
conscience, the torture and ill-treatment of detainees, death
in detention in suspicious circumstances and a nationwide
pattern of police failure to protect the Roma minority from
racist violence. 

      The international human rights organization made
extensive recommendations to the Romanian Government
regarding legislative and judicial reforms, the investigation
of allegations of torture and other ill-treatment by law
enforcement officers, as well as the effective protection of
Roma from racist violence.

      Following the publication of its report further cases
of imprisonment of homosexuals considered prisoners of
conscience by Amnesty International, ill-treatment and a
death in suspicious circumstances have been brought to the
attention of the organization. 

      In the past month the Chamber of Deputies of the
Romanian Parliament has continued to debate the reform of the
Penal Code, begun in the autumn of 1993. Although Amnesty
International and other international and Romanian human
rights organizations have repeatedly called for their
revision, the reform has proceeded on the wrong tack, at
variance with Romanian international commitments. 

      "We are concerned that the amended Penal Code could be
used to silence any criticism of public authority and its
officials and lead to the prosecution of people who
peacefully exercise their right to freedom of expression,"
Amnesty International said.

      The following amended articles violate the right to
freedom of expression guaranteed by Article 19 of the
International Covenant on Civil and Political Rights  and
Article 10 the European Convention for the Protection of
Human Rights and Fundamental Freedoms: 

~     Article 168 would punish by imprisonment of one to five
      years "dissemination of false news, facts, information
      or false documents, which is aimed at impairing the
      security of the Romanian state or its international
      relations" 

~     Article 236 would prohibit any "manifestation of
      contempt for the emblems or insignia used by the
      authorities" as well as "displaying of a flag or
      insignia or intonation of the anthem of other states on
      Romania's territory"

~     Article 2361 would punish by imprisonment of one to five
      years "public defamation, committed by any possible
      means, of the Romanian country or nation"

~     Article 238 would punish anyone who "casts slurs upon
      the honour" of a public official

~     Article 239  would punish anyone who would "insult,
      libel or slander" a public official

      "We urge the Romanian parliamentarians  to reject such
a revision of the Penal Code and to ensure that all adopted
laws conform to Romanian's commitments under international
human rights treaties," Amnesty International said as the
Chamber of Deputies is due to vote on the amendments this
week before they can become law. 

      At the same time Amnesty International reiterates its
appeal to the Romanian Government to comply with extensive 
recommendations contained in its report  Romania: Broken
commitment to human rights.  
ENDS\

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For further information please refer to the following
documents:
Romania: Broken commitments to human rights (AI Index: EUR
39/01/95) and 
Romania: Update to May 1995 Report (AI Index: EUR 39/19/95).

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