1. The Assembly observes that Romania has made considerable progress
towards the fulfilment of her obligations and commitments since joining the Council of
Europe on 7 October 1993.
2. In particular, it welcomes Romania’s ratification, on 20 June
1994 with immediate effect, of the European Convention on Human Rights and all protocols
thereto, including Protocol No. 11, with recognition of the right of individual petition
(Article 25) and the compulsory jurisdiction of the European Court of Human Rights
(Article 46).
3. It also welcomes the fact that Romania ratified the European
Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
and its protocols on 4 October 1994 and was the first country to ratify the Framework
Convention for the Protection of National Minorities on 11 May 1995.
4. The Assembly takes note of Romania’s intention to ratify as soon
as possible the conventions which she has signed, particularly in the field of criminal
law, and by the third quarter of this year the European Charter of Local Self-Government
and the European Charter for Regional or Minority Languages which she signed on 4 October
1994 and 17 July 1995 respectively.
5. The Assembly also takes note of the intention of the Romanian
authorities to speed up the ratification process, currently under examination, of the
European Social Charter with a view to aligning their labour and social legislation with
European standards.
6. It takes note of the Romanian authorities’ resolve to further
the rights of national minorities and especially to amend the 1995 Education Act so as to
allow mother tongue instruction for members of national minorities.
7. The Assembly observes that Romania has honoured a significant number
of her commitments. Nonetheless, a few problems have still to be solved if Romania is to
comply with the obligations deriving from the Statute of the Council of Europe and the
European Convention on Human Rights.
8. Firstly, the Assembly urges Romania to ensure that the independence
of the judiciary is upheld and asks that Article 19 of Judiciary Act No. 92/1992 be
revised accordingly. It notes that the role of the Public Prosecutor’s office is
still very pronounced and urges Romania to continue reform in this area.
9. It also notes that certain provisions of the Penal Code now in force
are unacceptable and seriously imperil the exercise of fundamental freedoms, especially
Article 200 on homosexual acts and Articles 205, 206, 238 and 239 relating to insult and
defamation, which interfere with the freedom of the press.
10. The Assembly draws attention to the existence of deplorable
conditions in Romanian prisons and regrets that the country has made all too few efforts
to improve these conditions and to end overcrowding.
11. Regarding the situation of abandoned children in state orphanages,
the Assembly encourages Romania to pursue, as a matter of priority, a preventive policy
concerning the abandonment of children and a policy on family placement as an alternative
to institutionalisation, and to improve both the material and the childcare conditions in
orphanages. In addition, it considers that the relevant legislation should be clarified
forthwith so as to assist the adoption of these children in Romania and abroad.
12. The Assembly encourages Romania to settle the matter of return of
confiscated or expropriated real estate, in particular to the churches, to political
prisoners or to certain communities, with due regard to the principle of restitution in
integrum or, failing that, to pay just compensation and secure free access to the court
system for complainants.
13. Lastly, it wishes Romania to be firmly committed to fighting racism,
xenophobia and intolerance, particularly in respect of the Rom population, while
committing itself to basing its policy regarding the protection of minorities upon the
principles laid down in Recommendation 1201 (1993).
14. The Assembly therefore earnestly requests that the Romanian
authorities:
i. amend without delay the provisions of the Penal Code and the
Judiciary Act, which are contrary to fundamental freedoms as set forth in the European
Convention on Human Rights;
ii. improve conditions of imprisonment forthwith and amend the
legislative provisions permitting abuse of detention on remand;
iii. improve legal, physical and childcare conditions for children
abandoned in state institutions, amend the country’s legislation so as to assist
their adoption, and carry on a determined campaign against the abandonment of children;
iv. amend the legislation relating to the return of confiscated and
expropriated property, particularly Act No. 18/1991 and Act No. 112/1995, so as to provide
for the restitution of such property in integrum or fair compensation in lieu;
v. promote a campaign against racism, xenophobia and intolerance and
take all appropriate measures for the social integration of the Rom population.
15. Considering that Romania has honoured her most important obligations
and commitments, the Assembly hereby decides to close the monitoring procedure under Order
No. 508 (1995). However, it could decide to reopen the procedure, in accordance with its
Resolution 1115 (1997), should the conditions stated in the preceding paragraphs not be
fulfilled within a year after the adoption of this resolution, or if it considers that
Romania is not honouring her obligations and commitments as a member state of the Council
of Europe.
