2020 Country Reports on Human Rights Practices: Romania

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The bicameral parliament consists of the Senate and the Chamber of Deputies, both elected by popular vote. Observers considered local elections held on September 27 and parliamentary elections held on December 6 to have been generally free and fair and without significant irregularities.

The General Directorate for Internal Protection has responsibility for intelligence gathering, counterintelligence, and preventing and combatting vulnerabilities and risks that could seriously disrupt public order or target Ministry of Internal Affairs operations. The minister of interior appoints the head of the directorate. The Romanian Intelligence Service, the domestic security agency, investigates terrorism and national security threats.

Civilian authorities maintained effective control over the intelligence service and the security agencies that reported to the Ministry of Internal Affairs. Members of the security forces committed some abuses. Significant human rights issues included: cases of cruel, inhuman, or degrading treatment or punishment by the government; widespread official corruption; lack of investigation and accountability for violence against women and girls; and crimes of violence targeting institutionalized persons with disabilities and members of ethnic minority groups.

The judiciary took steps to prosecute and punish officials who committed abuses, but authorities did not have effective mechanisms to do so and delayed proceedings involving alleged police abuse and corruption, with the result that many of the cases ended in acquittals. Impunity for perpetrators of some human rights abuses was a continuing problem.

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Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings There were no reports during the year that the government or its agents committed arbitrary or unlawful killings. There is no agency specifically designated to investigate whether police killings were justified. In July in the city of Vatra Dornei, three gendarmes tried for 10 minutes to immobilize physically a year-old man suspected of inappropriately touching a child and used tear gas spray against him.

During the intervention, the man became unconscious and was taken to the hospital, where he died the following day. In the trial began of former communist-era Securitate officials Marin Parvulescu, Imita ridurile de pe frunte Hodis, and Tudor Postelnicu, accused of crimes against humanity before the Bucharest Court of Appeals.

They were charged in the death of dissident Gheorghe Ursu, who was arrested and allegedly beaten to death by investigators and cellmates in According to official figures, the violence resulted in hundreds of injuries, illegal arrests, and four deaths. Media estimates of the number of injuries and deaths were much higher.

Prosecutors opened the preliminary phase of the case before the High Court of Cassation and Justice inbut on December 10, the court returned the indictment to prosecutors, citing irregularities.

2020 Country Reports on Human Rights Practices: Romania

Disappearance There were no reports of disappearances by or net tours suisse anti aging behalf of government authorities. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The constitution and law prohibit such practices, but there were reports from nongovernmental organizations NGOs and media that police and gendarmes mistreated and abused Roma, primarily with excessive force, including beatings.

On April 23, media circulated a video showing the chief of police in the town of Bolintin Vale in Giurgiu County beating several Romani persons immobilized in handcuffs on the ground and verbally abusing them for speaking in the Romani language. Following expressions of public outrage, the Ministry of Interior announced it had started an investigation of the incident.

In September prosecutor indicted the employees, and the case remains pending before the Bucharest Tribunal. The NGO CRISS stated that in 44 cases of police brutality against Roma over the previous 13 years, there were no convictions at the national level, often because prosecutors did not take the cases to court. The European Court of Human Rights ECHR ruled in several cases that the justice system had failed to deliver a just outcome in cases of police brutality, particularly against Roma and cases involving abuses in psychiatric hospitals.

It shifts the phenomenology to making the wholly Other not something distant but ethically immediate and obligating. These challenges to rigidity and binaries are performed over and over even as, ironically, they are also setup in order to be subverted. The gift, the other, hospitality, even justice—all are what Derrida calls impossible possibilities. Impossible because they are so enmeshed in webs of meaning and movements of difference that they are ungraspable and unachievable; possible because they place such a demand on us and offer such explanatory power and meaning that we must pursue them.

The average time for a ruling in cases of alleged police abuse of Roma was nearly four years. In March the ECHR issued a ruling on a case involving the shooting of a year-old Romani girl at close range by a police officer at a train depot in Chitila.

As a result of the shooting, the victim suffered severe wounds and required surgery to remove part of her liver. The ECHR noted that authorities failed to ensure that physical evidence linked to the incident was gathered and preserved.

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Technical and medical expert reports were not produced until several years later, preventing the investigating authorities from making conclusive findings. According to the ECHR, authorities did not make genuine efforts to establish the events of the police operation. Impunity was a significant problem in the security forces, particularly among police and gendarmerie. Police officers were frequently exonerated in cases of alleged beatings and other cruel, inhuman, or degrading treatment. Low salaries also contributed to making individual law enforcement officials susceptible to bribery.

The Directorate for Internal Review within the Romanian Police can conduct, under prosecutorial supervision, criminal investigations of abuses committed by members of the police as well as internal administrative investigations.

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The government took the following steps to increase respect for human rights by the security forces: members of the police and gendarmerie were provided briefings on a wide range of human rights issues, including a European Court of Human Rights decision on police violence against Roma; police schools and academies reserved several seats for admission opened only to persons of Romani ethnicity; the Ministry of Interior, the police, police schools and academies, as well as gendarmerie schools provided trainings to students, noncommissioned officers, and officers on a wide range of human rights issues, including gender-based violence, racism, discrimination, and diversity.

According to the United Nations, three allegations of sexual exploitation and abuse by Romanian peacekeepers reported in and were pending. One case involved the alleged sexual abuse rape of a minor. The peacekeeper in question was repatriated by the United Nations. The other two cases involved alleged sexual exploitation transactional sex. Investigations by Romanian authorities were pending. Prison and Detention Center Conditions Prison conditions remained harsh and overcrowded and did not meet international standards.

The abuse of prisoners by authorities and other prisoners reportedly continued to be a problem.

Physical Conditions: According to official figures, overcrowding was a problem, particularly in those prisons that did not meet the standard of 43 square feet per prisoner set by the Council of Europe. Conditions remained generally poor within the prison system, and observers noted insufficient spending on repair and retrofitting. According to the Ministry of Foreign Affairs, men and women, juveniles and adults, and pretrial detainees and convicted persons were not held together.

Media outlets, NGOs, and the ombudsperson reported that prisoners regularly assaulted and abused fellow inmates. Several prisons provided insufficient medical care, and inmates complained that food quality was poor and sometimes insufficient in quantity. According to the MFA, during the year the amount and quality of food improved.

In some prisons heating and ventilation were inadequate. Persons with mental disorders did not receive sufficient care and were frequently isolated by other inmates. The ADHR-HC stated that the actual number of persons who had mental health problems was three times higher than the number of inmates who received treatment for mental illness.

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In May several inmates set fire to the Satu-Mare Penitentiary, resulting in the death of three inmates and the hospitalization of two others. Following the incident, the NPA notified authorities and started an internal investigation. The ADHR-HC stated that some pretrial detention facilities had inadequate conditions, particularly in terms of hygiene. Such facilities were often located in basements and had no natural light and inadequate sanitation. In some pretrial facilities and prisons, there was no possibility for confidential meetings between detainees and their families or attorneys.

Administration: Inmates have the possibility of filing complaints with law enforcement agencies and judges. Independent authorities did not always investigate credible allegations of inhuman conditions.

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Independent Monitoring: The government permitted monitoring visits by independent human rights observers, and such visits occurred during the year. The ombudsperson also visited prisons as part of her mandate to monitor places of confinement. Arbitrary Arrest or Detention The constitution and law prohibit arbitrary arrest and detention, and the government generally respected these prohibitions.

The law provides for the right of net tours suisse anti aging person to challenge the lawfulness of his or her detention. To prevent the spread of COVID, the government hospitalized or placed in supervised quarantine tens of net tours suisse anti aging of persons between March and June based on regulations later deemed unconstitutional.

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In June the Constitutional Court found unconstitutional a law and an emergency ordinance passed during the year that allowed the Health Minister to authorize mandatory hospitalization and quarantines in order to prevent the spread of epidemics.

According to the Constitutional Court, mandatory hospitalization and placement in quarantine represented deprivations of freedom and the procedures related to these measures should have been clear and predictable, included provisions for the protection of fundamental rights, and based on law. Arrest Procedures and Treatment of Detainees By law only judges may issue detention and search warrants, and the government generally respected this provision. Authorities must inform detainees at the time of their arrest of the charges against them and their legal rights, including the right to remain silent and the right to an attorney.

Police must notify detainees of their rights in a language they understand before obtaining a statement and bring them before a court within 24 hours of arrest.

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Although authorities generally respected these requirements, there were some reports of abuses during the year. Depending on the circumstances of the case, the law allows home detention and pretrial investigation under judicial supervision, which requires the person accused to report regularly to law enforcement officials. A bail system also exists but was seldom used.

Detainees have the right net tours suisse anti aging counsel and, in most cases, had prompt access to a lawyer of their choice.

Authorities provided indigent detainees legal counsel at public expense. A detainee has the right to meet privately with counsel before the first police interview. A lawyer may be present during the interview or interrogation.

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The law allows police to take an individual to a police station without a warrant for endangering others or disrupting public order. A court may extend this period in day increments up to a maximum of days. Under the law detainees may hold courts and prosecutors liable for unjustifiable, illegal, or abusive measures.

The law allows for home detention using electronic monitoring devices, but the government did not procure such devices, and persons were placed under home detention without them. A judge may detain a person for up to five years during a trial, which is deducted from the prison sentence if the person is convicted. Denial of Fair Public Trial Lack of sufficient personnel, physical space, and technology to net tours suisse anti aging the judiciary to act swiftly and efficiently continued, resulting in excessively long trials.

The constitution provides for an independent judiciary. It generally maintained transparency and suspended judges and prosecutors suspected of legal violations. In May, the CSM voted against disbanding the Section to Investigate Offenses in the Judiciary, an entity that judicial and law enforcement stakeholders criticized as having the potential to intimidate judges and prosecutors.

The government generally respected judicial independence and impartiality. Trial Procedures The constitution and the law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Under the law defendants enjoy the right to the presumption of innocence, have the right to be informed promptly and in detail of the charges against them, and have the right to free linguistic interpretation, as necessary, from the moment charged through all appeals.