Distr.

GENERAL

HRI/CORE/1/Add.13

21 September 1992

ENGLISH

Original: FRENCH

CORE DOCUMENT FORMING PART OF THE REPORTS OF STATES PARTIES

ROMANIA

[24 July 1992]

TABLE OF CONTENTS

Paragraphs Page

I.	LAND AND PEOPLE	1	-	3	1

II.	GENERAL POLITICAL STRUCTURE	4	-	54	2

A. Historical background	4	-	36	2

B. Structure of State; organization of the

legislative and executive powers	37	-	45	5

C.	Organization of the judicial power	46	6

D.	Respect for human rights in the

administration of justice	47	-	54	7

III.	GENERAL LEGAL FRAMEWORK WITHIN WHICH HUMAN

RIGHTS ARE PROTECTED	55	-	83	10

A.	Judicial, administrative or other authorities

with jurisdiction over human rights issues	55	-	65	10

B.	Remedies available to an individual who claims

that his rights have been violated and systems

of compensation and rehabilitation available

to victims	66	-	74	11

GE.92-17586 (E)

TABLE OF CONTENTS (continued)

Paragraphs Page

C.	Protection of the rights provided in the

various human rights instruments and possible

derogations from them	75	-	76	13

D. Way in which human rights instruments are

made part of the national legal system	77	-	81	13

E.	Can the provisions of the human rights

instruments be invoked directly or must

they be transformed into internal laws

in order to be enforced by the

authorities concerned . . . . . . . . . . . .	82	14

F.	Institutions or national machinery with

responsibility for overseeing the

implementation of human rights	83	14

IV.	INFORMATION AND PUBLICITY	84	-	93	15

Core document on Romania drawn up in accordance with General Assembly

resolution 45/85 and the Consolidated guidelines for the initial

part of the reports of States parties (document HRI/1991/1)

I. LAND AND PEOPLE

1.	Romania a country situated in central Europe, with a land area of 237,500 km2 and a population of 22,760,449 inhabitants (according to the preliminary results of the census taken on 7 January 1992) has common frontiers with the Republic of Moldova, Ukraine, Hungary, the Federal Republic of Yugoslavia and Bulgaria. The country has a continental climate and a landscape of surprising diversity, from Alpine peaks to the beaches of the Black Sea and the Danube.

2.	While nature has been generous to Romanians, history has dealt rather harshly with this country. Living for centuries at the crossroads of the migrations of peoples, then at the intersection of the interests of three great empires, the Romanian people have not been able to develop fully the material and human resources at their disposal.

3.	After 45 years of communism and foreign political and economic domination, the main economic indicators and the statistical data for the year 1991 are as follows:

Per capita income	lei 44,987 (provisional data)

Gross national product	lei 2,065 billion (provisional data)

(US$ 25.77 billion)

Per capita GNP	US$ 1,132 (provisional data calculated

by the National Statistical Commission)

Inflation rate: monthly	10.3 per cent

average

Foreign debt	US$ 1,121 million (medium- and long-term debts)

Unemployment rate	3.0 per cent

Literacy rate	95 per cent

Religion (per capita)	Preliminary data taken from the census of 7 January 1992

Orthodox	86.8 per cent

Catholic	5.0 per cent

Protestant	3.5 per cent

Uniate	1.0 per cent

Other religions	4.5 per cent

No religion	0.2 per cent

Structure of the population	Provisional data taken from the census of

by mother tongue	7 January 1992

Romanian	89.4 per cent

Hungarian	7.1 per cent

German	0.5 per cent

Other languages	3.0 per cent

Life expectancy

Men	66.6 years

Women	72.7 years

Infant mortality rate	22.7 per 1,000 births of children under one year old

Maternal mortality rate	0.66 per 1,000 births

Fertility rate	48.7 per 1,000 births for women of 15-49 years old

Percentage of the entire

population under 15 years

old and over 65 years old	33.7 per cent

Urban population	54.4 per cent (provisional data taken from the census of 7 January 1992)

Rural population	45.6 per cent (provisional data from the census of 7 January 1992)

Percentage of women who

are heads of households	8.0 per cent

II. GENERAL POLITICAL STRUCTURE

A. Historical background

4.	In 106 AD, after the second Dacian war, the Emperor Trajan succeeded in conquering Dacia which he organized as the province of Dacia. He paid special attention to the new province; sending troops to colonize it on a large scale.

5.	In 271 AD, the Emperor Aurelian withdrew his army as well as the administration from the Province of Dacia under the pressure of the migratory peoples. After the intensive Romanization process, a stable Dacian-Roman population remained.

6.	The period from the third to the ninth centuries saw large migratory movements which had a major political and ethnic impact on the Carpathian-
Danubian-Pontic area. By the end of this period, the formation of the Romanian people was complete.

7.	Between the ninth and thirteenth centuries, the Hungarian tribes penetrated central Europe, the kingdom of the Hungarians was set up and Transylvania was gradually conquered from the north-east to the south-east following protracted conflicts with the Romanian political groupings.

8.	The fourteenth century saw the formation of the feudal Romanian States of Walachia and Moldavia east and the south of the Carpathians. This process was the result of the unification of previously existing groups of States. The first conflicts occurred between Romanians and Ottomans.

9.	In the fifteenth and sixteenth centuries, major military conflicts occurred between Romanians and the Ottomans and the suzerainty of the Ottoman empire was finally accepted, in exchange for the internal autonomy of the Romanian States.

10.	Between 1600 and 1601 the first political union of the Romanian States was formed under Michael the Brave and the common anti-Ottoman front was organized.

11.	During the eighteenth century, the Romanian principalities were the theatre of the wars between Russians, Austrians and Turks. In 1775 the northern part of Bukovina was annexed by the Hapsburg Empire acting as mediator for peace between Russia and Turkey, following the 1768-1774 war.

12.	In 1812, there was another flagrant violation of the autonomous status of the Romanian States. After the Russo-Turkish War of 1806-1812, which ended in the defeat of the Sublime Porte, the Tsarist Empire proceeded to annex the territory located between the Prut and Dnestr (Bessarabia), which was an integral part of the autonomous principality of Moldavia.

13.	In 1848, the Ottoman and Russian armies crushed the revolution for national liberation.

14.	In 1859, Moldavia and Walachia was united under Prince Alexander Ion Cuza.

15.	Between 1859 and 1866 the united principalities were unified administratively and legislatively and organized on a modern basis.

16.	In 1866, Prince Carol I of Hohenzollern was crowned and the first Constitution of modern Romania adopted. This Constitution established the principle of separation of the powers of the State.

17.	In 1877 and 1878, Romania took part in the Russo-Turkish war. It proclaimed its independence, which was recognized by the Congress of Berlin in 1878. The territory of Dobruja situated between the Danube and the Black Sea was ceded to Romania.

18.	On 10 May 1881, the Kingdom of Romania was proclaimed.

19.	In 1916, Romania entered the First World War on the side of the Entente Powers.

20.	In 1918, following the exercise of the right to self-determination by the majority of the population of the Romanian provinces (Transylvania, Banat, northern Bukovina and Bessarabia) the formation of the national unitarian Romanian State was completed by means of the freely expressed will of the representative assemblies.

21.	1919-1920:	The Paris Peace Conference endorsed the new political and territorial situation in central and eastern Europe also including the formation of the national and unitary Romanian State, following the Romanian people's exercise of their right to self-determination, and of their territory (Treaty of Trianon).

22.	In 1923, the new Constitution of Romania was adopted.

23.	In June 1940, following an ultimatum issued by the USSR, on the basis of the Molotov-Ribbentrop Pact, and that country's threats to resort to the use of force, Romania was compelled to evacuate Basserabìa and northern Bukovina, which were occupied by the USSR.

24.	In the same year, Romania was forced to cede to Bulgaria southern Dobruja, an area which had reverted to Romania in 1913.

25.	In August 1940, after the Vienna Award imposed by Nazi Germany and fascist Italy, Romania was compelled to cede north-western Transylvania to Horthy's Hungary.

26.	In June 1941, Romania entered the war against the USSR.

27.	In August 1944, Romania went over to the side of the Allied Powers and fought against the Axis powers until the end of the war.

28.	In March 1945, under Soviet pressure, a communist-dominated Government was imposed on Romania.

29.	On 30 December 1947, King Michael I was compelled to abdicate. A Republic was proclaimned and a full communist dictatorship established.

30.	In 1948 and 1965, communist-inspired Constitutions were adopted.

31.	In 1965, Nicolae Ceaucescu became Secretary-General of the Party and in 1967, Head of State.

32.	In 1977, a big strike was staged by the miners of the Jiu Valley.

33.	In 1987, the revolt by the workers of Brasov was quelled.

34.	From 16 to 22 December 1989, there were widespread popular demonstrations, at Timisoara, then at Bucharest which were brutally put down by the forces of law and order. On 22 December, Nicolae Ceaucescu fled and the Provisional Council of the National Salvation Front took power. The "historical" parties reappeared on the political scene and other parties emerged as well.

35.	On 20 May 1990, elections were held for the Constituent Assembly and Ion Iliescu was elected President of the Romanian State.

36.	On 8 December 1991, the new Constitution came into force. It had been adopted by Parliament, the Constituent Assembly, on 21 November 1991 and approved by a national referendum.

B. Structure of the State; organization of the legislative

and executive powers

37.	In accordance with article 1 of the Constitution:

"1.	Romania is a national State, sovereign and independent, unitary and indivisible.

2.	The form of government of the Romanian State is the republic.

3.	Romania is a social and democratic State of law ..."

Article 2 (1) provides that "National sovereignty belongs to the Romanian people who exercise it through their representative bodies and through referendums".

38.	Because of Romania's unhappy experience with the one-party system in recent decades, the new Constitution has established special provisions to guarantee a multi-party system. To that end, article 8 (1) of the Constitution provides: "Pluralism is a condition and a guarantee of constitutional democracy in Romanian society".

39.	Parliament is the highest representative body of the Romanian people and the sole legislative authority of the country, being made up of the Chamber of Deputies and the Senate (art. 58 (1) and (2)). The Chamber of Deputies and the Senate are elected by universal equal, direct, secret and freely expressed vote for a term of four years, which can be extended by statutory law in case

of war or disaster (arts. 59 (1) and 60 (1)).

40.	The Chamber of Deputies and the Senate meet in separate sessions and in joint sessions. The two chambers meet in two regular sessions a year and also in extraordinary sessions, at the request of the President of Romania, the permanent bureau of each chamber or at least one-third of the deputies or senators (arts. 62 (1) and 63 (1) and (2)). The Chamber of Deputies and of the Senate adopt laws, decisions and motions, in the presence of a majority of the members. The sessions of the two chambers are public. The chambers can decide to hold certain sessions in camera (arts. 64 and 65).

41.	Legislative initiative can be taken by the Government, the deputies, and the senators, as well as at least 250,000 citizens with the right to vote (art. 73 (1)).

42.	In accordance with its programme for governing approved by Parliament, the Government ensures the implementation of the domestic and foreign policy of the country and exercises the general management of the public administration (art. 101 (1)).

43.	The Prime Minister directs the Government and coordinates the activity of its members, respecting the powers assigned to them (art. 106 (1)). The Government adopts decisions and rulings. Decisions are issued for the purpose of organizing the implementation of laws. Rulings are issued on the basis of a special enabling law, within the limits and in the conditions specified by the law (art. 107 (1), (2) and (3)).

44.	The Government and the other organs of public administration, within the framework of the monitoring of their activity by Parliament, must provide the information and documents requested by the Chamber of Deputies, the Senate or the parliamentary commissions, through their chairmen. The members of the Government have access to the proceedings of Parliament; if their presence is requested, their attendance is mandatory (art. 110).

45.	The President of Romania acts as a mediator between the powers of the State as well as between the State and society; the President represents the Romanian State and is the guarantor of the country's national independence, unity, and territorial integrity (art. 80). The term of the President is for four years and it begins on the day that he is sworn in (art. 83). No one can serve as President of Romania for more than two terms. These terms can be successive (art. 81 (4)).

C. Organization of the judicial power

46.	The fundamental principles for the organization and functioning of the judicial authority are established by the Constitution of Romania:

-	The independence of judges (art. 123);

-	The irremovability of judges (art. 124 (1));

-	The incompatibility of the position of judge with any other public or private position, with the exception of teaching positions in higher education (art. 124 (2));

-	The prohibition of the establishment of extraordinary courts (art. 125 (2));

-	The role of the Prosecutor's Department which represents the general interests of society and defends the legal order as well as the rights and freedoms of the citizens in judicial activities (art. 130);

-	The status of the prosecutors who carry out their activities on the basis of the principles of legality, impartiality and hierarchical monitoring under the authority of the Minister of Justice (art. 131);

-	The incompatibility of the position of judge and prosecutor with membership of a political party (art. 37 (3)).

Most of these principles were not included in the previous legislation and the respective provisions (arts. 124, 125 (2), 130, 131 and 37 (3)) have no

counterpart in the Constitutions of the communist era.

D. Respect for human rights in the administration of justice

47.	This principle is guaranteed by the Constitution in the following terms:

(a)	Equality of rights: "Citizens are equal before the law and before public authorities, with no privileges and with no discrimination" (art. 16 (1));

(b)	The supremacy of the law: "No one is above the law" (art. 16 (2);

(c)	Free access to justice: "Any person may appeal to the organs of justice for the protection of his legitimate rights, freedoms and interests" (art. 21 (1);

(d)	"A person's right to life and to physical and mental well-being are guaranteed. No one shall be subjected to torture or to any kind of inhuman or degrading punishment or treatment. Capital punishment is prohibited" (art. 22 (1), (2) and (3));

(e)	Individual freedom: "Individual freedom and personal security are inviolable. The searching, detention or arrest of a person is allowed only in cases specified by law and according to the procedure specified by law" (art. 23 (1) and (2));

(f)	The presumption of innocence (art. 23 (8));

(g)	The right to defence counsel by a counsel chosen by him or appointed by the court is guaranteed for everyone (arts. 24 and 23 (5));

(h)	The right to an interpreter, for citizens belonging to national minorities as well as persons who do not understand or speak the Romanian language (art. 127);

(i)	The public nature of the court sessions (art. 126);

(j)	The right to contest court decisions (art. 128);

(k)	The right of a person who has suffered damage at the hands of a public authority to compensation and the material responsibility of the State for the damages caused by judicial errors occurring in criminal trials (art. 48).

48.	The Constitution provides that "justice shall be dispensed by the Supreme Court of Justice and the other bodies established by law" (art. 125). At present, the courts function according to the law on the organization of the judiciary No. 58/1968 which stipulates the following:

1. The civil courts

49.	Courts with overall competence, of first instance (first level of jurisdiction).

50.	Departmental courts exercise overall competence as courts of appeal or courts of first instance for:

(a)	Administrative litigation;

(b)	Extremely serious offences: slavery, piracy, murder and other offences having caused death;

(c)	Offences against public property (theft, embezzlement, fraud, abuse) if they have had extremely serious consequences;

(d)	Offences committed by judges of the courts, the staff of the local prosecution service and by state notaries.

2. Military courts

51.	Military courts of major units exercise primary jurisdiction over the following:

(a)	Offences committed by military personnel up to the rank of captain;

(b)	Offences committed by civilians:

(i)	Certain offences against state security;

(ii)	Offences against property administered by military units;

(iii)	Certain military offences: jeopardizing state secrecy,
disclosing certain economic secrets;

(iv)	Certain offences against the country's defence capacity, refusal to perform compulsory military service, etc.

(c)	Offences committed in the course of their duties by civilian employees of military units.

52.	Territorial military courts exercise jurisdiction as appeal courts over the decisions of the military courts of major units, as well as primary jurisdiction over the following:

(a)	Offences committed by higher-ranking officers;

(b)	Certain extremely serious offences committed by military personnel up to the rank of captain;

(c)	Offences committed by civilians:

(i)	Offences against the State (treason, hostile acts, espionage, diversion, conspiracy);

(ii)	Offences against peace and mankind (propaganda in favour of war, genocide);

(d)	Offences committed by the judges of military courts of major units and by the staff of military courts;

(e)	Offences against the State committed by the (civilian) judges of the courts, by the staff of the local (civilian courts) and by notaries.

3. The Supreme Court

53.	The Supreme Court exercises the following jurisdiction:

(a)	Appeal jurisdiction against decisions of primary jurisdiction by the departmental courts, the territorial military courts and by the civil, criminal and military divisions, as appropriate;

(b)	Overall supervisory jurisdiction, exercised through special appeal against final decisions;

(c)	Primary jurisdiction over the following:

(i)	Offences committed by generals, admirals and marshals;

(ii)	Offences committed by judges (civilian and military), prosecutors (civil and military) other than those mentioned above;

(iii)	Other actions over which it has jurisdiction pursuant to law.

4. The future

54.	New legislation for the reorganization of the judicial system is currently being adopted; it provides for:

(a)	The restoration of three levels of jurisdiction (primary, remedial and appeal) and the restoration of the courts of appeal which operated in Romania until 1952;

(b)	The restriction of the jurisdiction of the military courts solely to offences committed by or against military personnel;

(c)	The dissolution of the military division of the Supreme Court; cases which normally came under its jurisdiction will in the future be handled by the criminal division;

(d)	The reorganization of the prosecutors into prosecution services attached to the courts.

III. GENERAL LEGAL FRAMEWORK WITHIN WHICH HUMAN RIGHTS ARE PROTECTED

A. Judicial, administrative or other authorities

with jurisdiction over human rights issues

1. The civil courts

55.	The local courts, the departmental courts and the Supreme Court.

2. The military courts

56.	The military courts exercise jurisdiction if the offence involving a violation of human rights has been committed by a member of the military or by a civilian employee of a military unit during or in connection with his duties. In addition, in accordance with the current procedural rules, military courts exercise jurisdiction over offences against the State and against peace and mankind - regardless of whether the accused was a member of the military or a civilian when he committed the offence.

3. Authorities with jurisdiction over criminal prosecution

57.	(a)	In the case of offences that come under the jurisdiction of the civil courts:

The prosecution service exercises overall and exclusive jurisdiction, although only over certain serious offences;

The police forces, under the supervision of the prosecution service.

58.	(b)	In the case of offences coming within the jurisdiction of the military courts:

The military prosecution service;

The specially appointed officers whose jurisdiction is restricted by law.

4. Administrative and fiscal litigation, breaches of regulations, etc.

59.	There are no special courts to deal with administrative and fiscal litigation, breaches of regulations or labour litigation and no juvenile courts. If a person considers that any of his rights has been infringed by an administrative authority he must file a suit with the administrative litigation division of the departmental civil court competent to resolve the dispute.

60.	Where breaches of regulations are concerned, it should be emphasized that complaints relating to official reports as well as against the penalties applied are decided either by the administrative body immediately senior to the official who reported the offence, or directly by the local court in cases specifically stipulated by law. An appeal may also be made before the courts against the decision of the administrative body that rules on a complaint relating to a breach of regulations.

61.	In the case of labour litigation, the law entitles employees to apply to the courts, and the action comes within the jurisdiction of the civil courts.

62.	Cases in which the offenders are minors are heard by specially appointed judges.

5. The Constitutional Court

63.	In conformity with and within the six months following the entry into force of the new Constitution (art. 152) the Constiutional Court was established with jurisdiction "to pronounce on the constitionality of laws, before their promulgation" (art. 144) and "to decide on exceptions brought before the courts in regard to the unconstitutionality of laws and rulings (art. 144 (c)).

64.	Accordingly, the Constitutional Court also exercises jurisdiction over the regulation, by a specific act or ruling, of certain human rights which are guaranteed by the Constitution. Article 20 of the Constitution will be applied, it provides that "Constitutional provisions on the rights and freedoms of citizens shall be interpreted and applied in accordance with the Universal Declaration of Human Rights, and with the other Covenants and treaties to which Romania is a party". In the case of "lack of conformity between the human rights covenants and treaties to which Romania is a party and domestic law, the international legislation shall have priority".

6. The Ombudsman

65.	Another institution which is to be introduced under article 55 of the Constitution is that of the Ombudsman. The stated purpose of the institution of the Ombudsman is "to defend the rights and freedoms of citizens".

B.	Remedies available to an individual who claims that his rights

have been violated and systems of compensation and

rehabilitation available to victims

66.	If the injurious act constitutes an offence, the victim may: (a) file a suit with the criminal prosecution body by lodging a complaint in person or by proxy, in writing or orally, to the police or prosecution service (Code of Penal Procedure, art. 222); (b) bring criminal indemnification proceedings to establish the civil liability of the accused and/or of the party that bears civil liability (art. 14).

67.	If the act is a breach of regulations, the person whose rights have been infringed may:

(a)	request the appropriate administrative body formally to report the breach, and if he fails to obtain satisfaction from the body's decision, bring a suit against it through administrative litigation proceedings;

(b) bring a civil action to compel the offender to make good the damage.

68.	Civil liability arising from an offence may be determined and damages granted for the violation of a right, through the civil courts (pursuant to article 998 et seq. of the Civil Code) directly without their being subject to any criminal proceedings or to proceedings to determine and punish the breach of regulations.

69.	If the person considers that any of his legally recognized rights have been infringed by an administrative act or by an unjustified refusal by an administrative body to act on his application relating to one of his legally recognized rights, he may bring a suit through the administrative litigation division of the appropriate departmental court to obtain recognition of the right, to have the administrative act in question quashed and/or to obtain redress for the injury suffered.

70.	If the person's rights have been injured by acts or measures relating to criminal proceedings, he may file a complaint with the prosecutor. The prosecutor is required to settle the complaint within 20 days of its submission, and to inform the person of his decision, as well as of the means by which the complaint has been settled (Code of Penal Procedure, arts. 275-277).

71.	In accordance with the amendments made to the Code of Penal Procedure by Act No. 32/1990, if an arrested person contests the lawfulness of the measures taken against him (by which he has been arrested or his freedom has been restricted), he may lodge a complaint with the judge. If the competent court finds that the act is unlawful, the person who has been arbitrarily arrested is entitled to redress for the injury suffered (Code of Penal Procedure, art. 5).

72.	In the case of a judicial error, anyone who has been finally convicted shall be entitled to compensation from the State for the damages sustained, if, following the re-trial of the case, it is established under a final decision that the person has not committed the act attributed to him or that the act in question was non-existent (Code of Penal Procedure, art. 50 (1). In order to obtain redress for the damages sustained, the person concerned must bring proceedings before the departmental court of his place of residence and the State shall appear as a defendant in the case (art. 506).

73.	In all cases, the amount of compensation for the injury shall be decided in accordance with the law. Accordingly, even if the criminal indemnity action is decided in a criminal case, financial compensation may be awarded, including compensation for "loss of earnings" (Code of Penal Procedure, art. 14, last para.). The category of damages sustained for which persons are entitled to compensation also includes the cost of treatment to restore health and capacity for work.

74.	Regardless of the right to financial compensation, anyone who at the time of his arrest was in employment is also entitled to have the period of his arrest counted as part of his period of continuous employment (Code of Penal Procedure, art. 504 (4)); this is extremely important, particularly for the calculation of certain salary entitlements, sickness benefits and pensions, under the present social security system.

C.	Protection of the rights referred to in the various human

rights instruments and possible derogations from them

75.	The human rights covered by the International Covenant on Civil and Political Rights, as well as by the other United Nations conventions to which Romania is a party, and by the documents relating to the human dimension of the Conference on Security and Cooperation in Europe, which have been accepted by Romania, and by the Convention for the Protection of Human Rights and Fundamental Freedoms (to which Romania wishes to accede as soon as possible) are specifically regulated by the new Romanian Constitution. They are set out in Title II, Chapter II, which is devoted entirely to fundamental rights and freedoms (arts. 22-48).

76.	Such derogations as are provided for by the Romanian Constitution are the same as those referred to by the international instruments; possible restrictions on the exercise of certain rights or freedoms are specified in article 49, which reads:

"1. The exercise of certain rights or freedoms may be restricted only by law and only if this is necessary depending on the circumstances, in order to defend national security, public order, health or public morals, the rights and freedoms of citizens; to investigate a crime; to prevent the consequences of a natural disaster or a particularly severe catastrophe.

2. The restriction must be in proportion to the situation that caused it and it may not impinge on the existence of justice or freedom".

D. Way in which human rights instruments are made part of the

national legal system

77.	The relationship between international and national law is governed by article 11 of the Constitution:

"1. The Romanian State undertakes to discharge, fully and in good faith, its obligations under the treaties to which it is a party.

2. The treaties ratified by Parliament, in accordance with the law, are part of domestic law".

The provision contained in paragraph 2 is new and is intended to solve the dilemma that arose in the past over the hierarchy of national or international sources of law.

78.	As far as the international instruments relating to human rights are concerned, the Constitution establishes the principle of their primacy whenever there is non-conformity between the covenants and treaties to which Romania is a party and its domestic law. Accordingly, article 20 states:

"1. Constitutional provisions on the rights and freedoms of citizens shall be interpreted and applied in accordance with the Unviersal Declaration of Human Rights, and with the other covenants and treaties to which Romania is a party.

2.	In the case of non-conformity between the human rights covenants and treaties to which Romania is a party and domestic law, the international legislation shall have priority".

79.	Depending on the area of the international legislation, it may also be incorporated in domestic law by means of a special act. This solution was adopted by the Romanian Parliament in 1990, after Romania's accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in New York on 10 December 1984. The fact that at the time the Constitution had not yet been adopted was not the only reason. Consideration was also given to the question of punishment for acts which, under the Convention, constitute torture. It was felt that there was a need to prescribe heavier sentences in accordance with the objectives of the Convention. Accordingly, Act No. 20 of 9 November 1990 introduced into the Penal Code the offence of torture, which carries a sentence of from two to seven years' or even life imprisonment if the torture has caused the death of the victim.

80.	In accordance with the provisions of the Convention on the Rights of the Child, to which Romania acceded on 27 October 1990, Romanian legislation will be completed by measures to implement the rights recognized by articles 12 to 19 of the Convention.

81.	Similarly, pursuant to Act No. 46 of 4 July 1991 concerning Romania's accession to the Convention relating to the Status of Refugees and its Protocol, a bill on the regulation of the procedure for granting refugee status and for issuing identity documents to refugees lawfully on Romanian territory has been brought before Parliament.

E. Can the provisions of the human rights instruments be

invoked directly or must they be transformed into

internal laws in order to be enforced by the

authorities concerned?

82.	The terms of article 11 (2) of the Constitution, pursuant to which "The treaties ratified by Parliament, according to the law, are part of domestic law" mean that the provisions of those international instruments to which Romania is a party may be invoked directly before the courts and administrative authorities. However, domestic law must be taken into account whenever the treaty itself refers to domestic law or whenever the provisions of the treaty do not establish the procedures for its implementation (see para. 77).

F. Institutions or national machinery with responsibility for

overseeing the implementation of human rights

83.	The replies to the foregoing questions show that the Constitution designates several categories of national institutions and public authorities as having responsibility for overseeing the implementation of human rights:

(a)	The Constitutional Court, in connecton with monitoring the constitutionality of laws;

(b)	The Ombudsman, whose responsibilities relate exclusively to the protection of human rights;

(c)	The Prosecutor's Department whose role is to represent the general interest of society and to defend the rights and freedoms of citizens before the courts so that anyone guilty of an offence which violates another person's rights is punished;

(d)	There are also numerous national non-governmental organizations including the League of Human Rights, the Association for the Defence of Human Rights, the Romanian Helsinki Committee and the Romanian Amnesty International Committee.

IV. INFORMATION AND PUBLICITY

84.	In order to familiarize both the general public and the authorities responsible for their implementation with the rights contained in the various human rights instruments, the international covenants and conventions, as well as domestic legislation are published and distributed.

85.	The following have been published in the Monitoral Oficial of Romania:

(a)	The Convention against Torture (a translation of the full text), ratified by Act No. 19/19, of 19 October 1990;

(b)	Act No. 20, of 9 October 1990, establishing the offence of torture in the Romanian Penal Code;

(c)	Act No. 32, of 16 November 1990 amending and completing the Code of Criminal Procedure (specifically relating to the guarantee of individual freedom and the right to a defence);

(d)	The Convention on the Rights of the Child, which entered into force in Romania on 28 October 1990;

(e)	The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of capital punishment, ratified by Act No. 7 of 25 January 1991;

(f)	The Convention and Protocol relating to the Status of Refugees, to which Romania acceded by Act No. 46, of 4 July 1991;

(g)	The Charter of Paris for a New Europe and the 1991 Vienna Document;

(h)	The Statutes of the Hague Conference on Private International Law, accepted by Romania in Act No. 25, of 6 March 1991;

(i)	The Convention on the Recovery Abroad of Maintenance, to which Romania acceded through Act No. 26, of 6 March 1991.

86.	The Constitution was published in draft form and submitted for public debate in the press, on radio and television. After its adoption by the Constitutive Assembly it was published in the Monitoral Oficial of 21 November 1991 and as a brochure in order to enable the population to participate in the referendum organized on 8 December 1991 in an informed manner.

87.	It should also be mentioned that the Romanian Human Rights Institute was established at the beginning of 1991 in order to "foster a better awareness on the part of Romanian public bodies, non-governmental organizations and private citizens of human rights problems, as well as of the manner in which human rights are guaranteed in other countries" (Act No. 9 of 29 January 1991, art. 2)

88.	It has also been decided to publish a human rights bulletin, which would be widely distributed. However, the rise in the price of paper and printing costs are factors inhibiting its publication.

89.	On 1 October 1991, the Government of Romania decided to establish the Centre for European Studies of Ethnic Problems (CEEPE) as an institute of the Romanian Academy. Pursuant to its constituent instrument, CEEPE's objective is to study various issues relating to Europe's ethnic, linguistic or religious groups, their evolution and communications between them, as well as to promote common standards relating to the rights of persons belonging to ethnic, religious or linguistic minorities and the preservation of their identity.

90.	It has been proposed that the Monitoral Oficial should publish the United Nations instruments to which Romania acceded almost 20 years ago, such as the International Covenant on Civil and Political Rights or the International Convention on the Elimination of All Forms of Racial Discrimination, the details of which are not familiar to the Romanian public.

91.	Similar efforts are also being made by the press, which has published a number of extracts from the Universal Declaration of Human Rights.

92.	The periodic reports on the implementation of international covenants and conventions are drafted by groups of experts from the human rights units and divisions set up in 1991 within the Ministry of Foreign Affairs, the Ministry of the Interior and the Ministry of Justice, assisted by specialists from the research and documentation departments of the Supreme Court and the prosecution service. As a rule, these agencies do not encounter obstacles in collecting the information required from throughout Romania.

93.	During the 1990-1991 period, the transmission of reports to the Centre for Human Rights in Geneva was held up in order to enable comprehensive documents based on the new Constitution to be prepared. When the reports have been finalized, they will be issued to the national bodies to whom they are of interest and public debates will be organized through the press, in meetings of experts, symposia and lectures in Bucharest and other towns.

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