Romania Still Faces Judicial Impartiality, Discrimination, Corruption – Report

The report reveals poor prison conditions, police violence and discrimination against Roma people, lack of judicial impartiality sometimes subject to political influence, limited religious freedom, public sector corruption, human trafficking and sexual exploitation.

The report's section 1 "Respect for the Integrity of the Person" indicates that the Romanian government or its agents did not commit any politically motivated killings; however, there were reports that police officers shot and killed two men. The Association for the Defense of Human Rights in Romania- Helsinki Committee (APADOR-CH) asserted in previous years that police made excessive use of firearms in cases of minor crimes.

According to the report, the Romani Center for Social Intervention and Surveys (Romani CRISS) criticized the disproportionate use of force in Roma neighborhoods, including the use of firearms. There were numerous nongovernmental organizations (NGOs) and media reports of police mistreatment and abuse of detainees and Roma, primarily through excessive force and beatings by police. There were also reports of mistreatment of abandoned children with physical disabilities in state institutions and of prolonged incarceration for misbehavior within state orphanages.

Romani CRISS and other NGOs continued to claim that police used excessive force against Roma and subjected them to maltreatment and harassment. Romani CRISS also criticized the police raids in Roma communities, which involved large numbers of policemen, often accompanied by special intervention police. In some instances of police violence against Roma, police claimed they used force in self-defense, responding to alleged hostility by Romani communities during police raids in search of criminal offenders, the report also noted.

The report lao says prison conditions remained harsh and generally did not meet international standards. The government permitted monitoring visits by independent human rights observers and such visits occurred during the year.

In 2009, APADOR-CH visited several prisons, including some it had visited in previous years, and noted that, despite some improvements, in many cases conditions continued to be poor. Sanitation and hygiene in prisons did not meet international standards. Medical facilities were not sufficient to care for all prisoners and detainees, and access to health care was limited by a lack of doctors. Heating and hot water were not available in several facilities, mattresses were old and rotten, and lighting was poor. In many penitentiaries prisoners complained about the insufficient availability of medications and medical treatment, the report also reads.

APADOR-CH reported that prison meals did not provide the minimum necessary calories, water at some prisons was unsuitable for drinking and in many facilities the kitchens were infested with mold. APADOR-CH also stated that daily activities, work opportunities, and educational programs continued to be insufficient. The government continued efforts, including partnerships with NGOs, to alleviate harsh conditions, improve the condition of detention rooms, provide more daily activities, training courses, and educational programs available to prisoners, and deter the spread of HIV and tuberculosis, according to the report.

NGOs and public officials frequently criticized the judicial system in 2009. One cause was the failure of the judiciary's oversight body, the Superior Council of Magistrates (CSM), to create procedures for addressing potential conflicts of interest among its members. The CSM's practice of delegating magistrates to non-judicial positions within the judiciary and appointing them to various government agencies also contributed to depleting the already understaffed courts and prosecutors' offices, according to the report.

As regards property restitution, the report finds that the law allows for property restitution and establishes fines for officials who hinder the process. Former owners' organizations continued to assert that inertia hindered property restitution at the local level. In some cases local government officials continued to delay or refuse to provide necessary documents to former owners filing claims. They also refused to return properties in which county or municipal governments had an interest.

The report's section 2 "Respect for Civil Liberties" indicates that the law provides for freedom of speech and of the press, and the government generally respected these rights in practice. Journalists and private citizens could criticize government authorities, including those at senior levels. There were isolated cases of authorities intimidating or censoring the press or attacking journalists.

Laws restricting freedom of speech continued to cause concern among the media and NGOs. Insulting state insignia (the coat of arms, national flag, or national anthem) is also an offense punishable by imprisonment; however, there were no reports of prosecutions or convictions under these provisions during the year. The religion law includes a provision that forbids acts of "religious defamation" and "public offense to religious symbols"; there were no reports of prosecutions or convictions under this law's provisions during the year, according to the report.

The independent media was active and expressed a wide variety of views without restriction. However, politicians and others with close ties to various politicians and political groups either owned or indirectly controlled numerous media outlets outside of the capital, and the news and editorial tone of these outlets frequently reflected the views of the owners. The tendency towards the concentration of national news outlets in the hands of a few wealthy individuals continued, according to the report.

The NGO Center for Monitoring Anti-Semitism in Romania (MCA Romania) noted that authorities tended to play down anti-Semitic vandalism, usually attributing the acts to children, drunks, or persons with mental disorders. MCA Romania noted that Jewish establishments appeared to be targets of choice for vandals and asserted that investigations of such acts were not thorough. MCA Romania also criticized the lack of prosecutions as failing to deter future acts, the report also noted.

The report also indicates that the government continued to make progress in its effort to expand education on the history of the Holocaust in the country and included the Holocaust in history courses covering World War II in the seventh through 12th grades. On various occasions throughout the year, high-level officials continued to make public statements against extremism, anti-Semitism, and xenophobia and criticized Holocaust denial. In January government officials and members of parliament attended and addressed the commemoration of the 1941 pogrom in Bucharest.

In 2008 the Romanian government opened an Emergency Transit Center in the city of Timisoara. This is the second facility of its type in the world for the interim receipt of refugees pending processing and final transit to a receiving country. In practice the government provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group or political opinion, according to the report.

Under the law, refugees and those granted subsidiary protection enjoy equal access to employment, basic services, education, police and courts with citizens. According to an amendment to the citizenship law, those receiving subsidiary protection have to wait for a longer period of time than refugees to acquire citizenship, a provision viewed as discriminatory by the former. The government also has a voluntary repatriation program for refugees and rejected asylum seekers, the report also indicates.

The report's section 3 "Respect for Political Rights: the Right of Citizens to Change Their Government", indicates that the law provides citizens with the right to change their government peacefully, and citizens exercised this right in practice through periodic, free, and fair elections held on the basis of universal suffrage.

As regards elections and political participation, the report says the national elections for president held in Romania on November 22 and December 6 were generally judged free and fair, despite some irregularities, including numerous allegations of vote buying and of multiple voting.

The report's section 4 "Official Corruption and Government Transparency" indicates that the law provides criminal penalties for official corruption; however, the government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity. Authorities' ineffective response to corruption remained a focus of intense public criticism, political debate, and media scrutiny throughout the year.

The report's section 5 "Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights" indicates that A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

The report's section 6 "Discrimination, Societal Abuses, and Trafficking in Persons" notes that the law forbids discrimination based on race, gender, disability, ethnicity, language, or social status, among other categories. However, the government did not enforce these prohibitions effectively in some circumstances, and women, Roma, and other minorities were often subject to discrimination and violence.

Violence against women, including spousal abuse, continued to be a serious problem, and the government did not effectively address it. The law prohibits domestic violence and allows police intervention in such cases, according to the report.

The report also indicates that the law grants women and men equal rights, including under family law, property law, and in the judicial system. In practice, the government did not enforce these provisions, and authorities did not pay significant attention ordevoteresources to women's issues.

If you liked this story, please follow MEDIAFAX.RO on FACEBOOK »

The content of mediafax.ro is for your information only. Republishing or using this content is forbidden without express consent of MEDIAFAX. For this consent, please ask for it by mail at vanzari@mediafax.ro.