The Human Rights Actions Network - Derechos Human Rights http://www.derechos.org/human-rights/actions/ THE MAGNUS HIRSCHFELD CENTRE FOR HUMAN RIGHTS CROSSWICKS HOUSE 551 VALLEY ROAD, SUITE 169 UPPER MONTCLAIR, NEW JERSEY U.S.A. 07043 E-MAIL: CROSSWIX@IX.NETCOM.COM FACSIMILE: 201-746-3147 VIA ELECTRONIC MAIL: Guv@kappa.ro 8 December 1996 The Hon. Emile Constantinesco President of the Republic Executive Office of the Presiden Palatul Cotroceni Bucharest, ROMANIA RE: Continuing Violation of International Obligations in Connection with Legislation Affecting the Homosexual Community in Romania Dear President Constantinescu, Your Excellency: I am advised that on September 26, 1996, the Romanian Parliament voted to retain sections of Article 200 of the Romanian Criminal Code, which article appears to place discriminatory legal burdens on homosexual persons resident in your country. While the amended version of Article 200 no longer criminalizes all homosexual conduct, it retains unacceptable legal penalties for consensual homosexual acts between adult Romanian citizens. Paragraph 1 of the aforecited article criminalizes sexual relations occuring between persons of the same sex, which either take place in public or which cause a public scandal, with a penalty of one to five years' imprisonment. It should be noted in this connection that (a) similar penalties are not applied toward persons of differing genders engaging in the same conduct, and (b) the only definition of "public scandal" contained in your country's law is embodied in a 1938 statute that defines "public sca ndal" as "an act which becomes known to more than two persons who disapprove of it." This vague language clearly allows the continued persecution of gay, lesbian and bisexual persons in Romania. The only comparable provision regarding heterosexual acts is Article 321 of the Romanian Criminal Code, which punishes "acts, gestures, words, or expressions which offend against good manners or cause public scandal," and imposes a disproportionately less severe penalty of three months' to two years ' of imprisonment. Paragraph 5 of Article 200 prohibits, with a similar penalty, "propositioning or enticing a person to take part in sexual relations with a person of the same sex, as well as propaganda or association or any other acts of proselytism with the same purpose." This provision is a clear infringement upon fundamental rights to freedom of speech, assembly,and association, and persecutes all Romanian citizens who even present homosexuality in a positive light, all of which blatently contravene Romania's legal obligations under international human rights agreements to which it is a willing party, most particularly the European Convention on Human Rights and Fundamental Freedoms . In October 1993, the United States Congress voted to restore Most-Favored-Nation status to Romania. In September 1993, the Council of Europe admitted Romania as a member of its ranks. Both acts were based on the assumption that your country would be making further concrete progress in the protection of the human rights of all her citizens. Regretably, this has not been the case. Some three years later, Romania continues to defy clear directives from numerous regional and international human rights bodies to eliminate all legal penalties for consensual homosexual conduct, and for organizing for the purpose of advocacy of the right s of homosexual and bisexual men and women. In a September 18, 1996 statement, the (then) government of Romania expressed its resolve "to fulfill in good faith the international commitments she has assumed." The newly adopted version of Article 200 falls so far short of this expressed desire, that it calls in question the Romanian governmentıs true level of commitment to the democratic principles of civil society, as well as the seriousness with which it treats and its capacity to respond to its legal, voluntarily assumed obligations. Even as Romanian parliamentarians quibbled over specific provisions of this unjust law, gay men and lesbians continued to suffer repercussions of their inaction. Several recent incidents of police persecution of gay men in Romania have been brought to the attention of the International Gay & Lesbian Human Rights Commission (IGLHRC). Particularly egregious is the case of Adrian Gabriel Presnat and Dumitru Radu Vasiliu, two seventeen year-old Romanian men from the town of Iasi. It is reported that the two were forcibly detained, severely beaten, and interrogated by police on the even ing of September 15, 1996 in the town of Iasi. The Iasi police reportedly failed to specify the reason for their incarceration. My understanding is that the Iasi police have been contemplating charges of rape against the two, as well as the application of Article 200, Paragraph 1 which criminalizes acts which cause ³public scandal. IGLHRC has brought this case to the attention of the Romanian Embassy, and has urged a thorough investigation of this and other incidents of police harassment of Romanian gay men and lesbians. It is clear that the newly adopted version of Article 200 exposes gay men and lesbians to continued persecution. Romanian police continue to harass, blackmail and detain gay men and lesbians with impunity. IGLHRC, and the Magnus Hirschfeld Centre for Human Rights which have worked closely together in connection with this issue, are closely monitoring all developments in Romania; we join numerous regional and international human rights bodies, as well as thousands of concerned individuals internationally in demanding the immediate, full repeal of Article 200 and like legislation, as well as the implementing of all of the obligations assumed by Romania upon its accession to membership in the Council of Europe. I and my colleagues urge, in the strongest possible terms, that the Romanian government immediately conducts a full investigation into the case of Adrian Presnat and Dumitru Vasiliu and to instruct the appropriate authorities, most paricularly the county prefect of Iasi, to take immediate action to protect Messrs. Presnat and Vasiliu from further persecution. Be assured, Your Excellency, that this request come with our highest regard and respect. The favor of Your Excellency's reply is respectfully requested. Sincerely yours, William A. Courson Executive Director, The Hirschfeld Centre for Human Rights cc: The Hon. Adrian Nastase, President of the Chamber Permanent Bureau of the Chamber of Deputies Aleea Patriarhiei nr. 1, Bucuresti, ROMANIA Depro@dias.vsat.ro The Hon. Oliviu Gherman, President Permanent Bureau of the Senate Piata Revolutiei nr. 1, sector I, Bucuresti, ROMANIA Senatro@dias.vsat.ro The Hon. Nicolaie Vacaroiu, Prime Minister Government of Romania Piata Victoriei nr. 1, Bucuresti, ROMANIA Iasi County Prefect Str. Anastasie Panu 60 6600 Iasi Iasi, ROMANIA The Hon. Bill Clinton, The President The White House Washington. D.C. 20500 President@whitehouse.gov The Hon. Mircea Dan Geoana, Ambassador Embassy of Romania 1607 - 23rd Street, NW Washington, D.C. USA 20008 Romania@embassy.org ACCEPT/APADOR 120 Calea Victoriei, Bucharest, ROMANIA 70179 Ion@apador.sfos.ro IGLHRC 1360 Mission Street, Suite 200 San Francisco, California U.S.A. 90278 Iglhrc@iglhrc.org The Embassy of the United States Attention: The Ambassador Str. Tudor Arghezi 7-9 Bucharest, ROMANIA 70132 The Permanent Mission of Romania to the United Nations Attention: The Ambassador 573-577 Third Avenue New York, New York USA 10016 The Permanent Representative of Romania to the Council of Europe Attention: The Representative 6, rue Gustave Klotz 6700 Strasbourg, FRANCE The Chair, Committee on Legal Affairs & Human Rights, The Parliamentary Assembly The Secretary-General, The Council of Europe B.P. 431 Strasbourg Cedex R-6700, FRANCE ===================================================== To unsubscribe send a message saying: unsubscribe to hr-actions-request@lists1.best.com For help contact marga@derechos.org