Romania: Follow-up to Response to Information Request ROM30043.E of 21 September 1998 on the evidence needed to convict homosexuals or lesbians under article 200 of the penal code (January 1998 - September 1998)
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 December 1998|
|Citation / Document Symbol||ROM30762.E|
|Cite as||Immigration and Refugee Board of Canada, Romania: Follow-up to Response to Information Request ROM30043.E of 21 September 1998 on the evidence needed to convict homosexuals or lesbians under article 200 of the penal code (January 1998 - September 1998), 1 December 1998, ROM30762.E, available at: http://www.refworld.org/docid/3ae6ab0272.html [accessed 10 December 2013]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
In a 12 October 1998 facsimile sent to the Research Directorate, the project coordinator of Accept, a nongovernmental organization in Bucharest whose mission is to "protect and to promote the human rights and fundamental freedoms of gays, lesbians, bisexuals and transsexuals, educating and informing the Romanian Society about homosexuality," states the following:
What evidence is required in Romania in order to lay charges under article 200 (which authorizes penalties for gay or lesbian activists) of the Romanian penal code?
The evidence varies from the policeman's declaration that, for instance, the respective person was having sexual relations in public, to the neighbours' complaints that a person living close is gay or lesbian, or even complaints from ordinary people that they saw two men or two women kissing in the park. Anyway, according to the procedure, the prosecutor has to write a report (called in Romanian "rechizitoriu"). Juridical abuses happen due to the fact that the expression "public scandal", as it appears in the article 200, is not explained anywhere in the penal code....
What evidence is required in order to convict gays or lesbians under article 200 of the Romanian penal code?
The judge is going to analyze the above mentioned declarations and/or complaints. Usually, this evidence is enough for conviction, at least as far as gays or lesbians are concerned. The judge may ask for further evidence or not from the prosecutor. It depends on the judge.
Are court transcripts of decisions to acquit, or convict, gays or lesbians (under article 200 of the Romanian penal code) and the accompanying justification for acquittal or conviction available to the public?
No. The court transcriptions of these decisions are only available, upon request, to the people convicted.
This information represents my viewpoint.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Accept: The Bucharest Acceptance Group, Bucharest. 12 October 1998. Facsimile sent to the Research Directorate by the project coordinator.