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The issues before the Republic of Romania are

1. The Use of Torture and Degrading Treatment to War Prisoners

2. The Violation of Rights of Refugees.

I - The Use of Torture and Degrading Treatment to War Prisoners

Since Romania has signed the convention against Torture and Degrading Treatment in 1990 and sharing the
principles of the universal declaration of human rights, has starting a process for deleting any kind of torture
and asserting human rights worldwide.

Romania has acceded to the Convention Relating to the Status of Refugees (CSR51) (7 August 1991) and the
1967 Protocol (7 August 1991); ratified the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (18 December 1990); the Convention on Discrimination Against
Women (7 January 1982); the Convention on the Rights of the Child (28 September 1990); the Convention
on the Prevention of the Crime of Genocide (2 November 1950); the International Covenant on Civil and
Political Rights (9 December 1974); the International Covenant on Economic, Social and Cultural Rights (3
January 1976); the European Convention for the Protection of Human Rights and Fundamental Freedoms (20
June 1994); acceded to the Convention on Elimination of Racial Discrimination (15 September 1970) and
signed the European Convention for the Prevention of Torture (4 November 1993).

During the soviet period a large number of people were arbitrarily imprisoned for political, economic or
unknown reasons: detainees in prisons or camps, deported, persons under house arrest, and administrative
detainees. Political prisoners were also detained as psychiatric patients. Estimations vary, from
60,000,80,000,up to two million. There were hundreds of thousands of abuses, deaths and incidents of torture
against a large range of people, from political opponents to ordinary citizens. Most political prisoners were
freed in a series of amnesties between 1962 and 1964.

In 1997 the government has invited the Special Rapporteur (SR) of UN to visit Romania. The SR raised the
issue of revisions to the Code of Criminal Procedure that: (a) meant that anyone claiming to be the victim of
acts of torture or other inhuman treatment committed by members of the police would be left with no
effective legal remedy; and (b) did not always allow the civil courts to exercise jurisdiction in the case of
proceedings undertaken against members of the police force or prison personnel.

From the 1997 Romania starts a long and brave project of reforms including the stabilizations of the
macroeconomic situation and structural reforms. These programs includes many privatizations, but until the
2002 the scenery remained dramatic.

Today the situation is going change. Romania is one of the most important economical country for EU. The
support of EU is making Romania a stable and steady state, also as regards human rights.

Therefore, the republic of Romania

1. proposes the creation of a fund financed by UN, underlying the commitment of all international
community against torture.
2. supports a new definition of the term torture
II- The Violation of Rights of Refugees.

Romania supports, throught the Refugee Convention, refugee’s rights.

In a report wrote by the Commission on Human Rights in 1997, the legal regime applicable to asylum
seekers is considered : “Romania is a transit country for asylum seekers; many asylum seekers seeking to
enter Romania use forged documents and false identities; when apprehended they are detained, since illegal
entry is a criminal offence; on occasion, when asylum seekers with forged passports and visas travelling
towards Western Europe are apprehended, they apply for asylum in order to avoid prosecution; in many
instances, asylum seekers have no original documentation and, as soon as they land at the border they
request asylum; and Romania is clearly not a target country but a transit country for asylum seekers.” The
report also notes that on the basis of humanitarian considerations, individuals are not deported to countries
that are in a state of civil war or which face ethnic conflict.

The legal regime applicable to refugees is controlled by the Romanian Refugee Law (Law No. 15/1996),
which came into force in May 1996. The report also notes that despite the constitutional protection against
expulsion, the 1969 Law relating to the Regime of Foreigners (No. 25/1969) is still in force and, inter alia,
confers authority on the Minister of the Interior to issue an expulsion order against an alien. Anomalies in the
application of laws on refugees are identified as including: internment and application of criminal statutes
against those who orally requested asylum rather than in writing as the law requires; that under the 1996 law,
those with applications pending or who have been granted asylum may have their status as refugees revoked
or their application rejected on the basis of unsubstantiated or vague criteria; the fact that the Law relating to
the Regime of Foreigners affords no real remedy; the remedy of habeas corpus is neither applicable nor
available; the expulsion or deportation of a person regarded as an alien under Law 25/1969 is not effected
pursuant to any judicial proceeding in which the person concerned is ordered to be deported; the right to
protection against refoulement applies to recognized refugees only and not to asylum seekers; grounds for
exclusion set out in Law No. 15/1996 far exceed the exclusion clauses of the 1951 Convention on the status
of refugees; asylum seekers held in the transit zone of Otopeni international airport and subjected to
deprivation of liberty do not benefit from the constitutional guarantees related to the right to be informed of
the charges and the right to counsel; neither are such persons informed about the practical steps they must
take in order to request refugee status if they have a well-founded fear of persecution if returned to their
country of origin.

Romania passed a Government Decision in December 2002 to raise the level of accommodation and meal
allowances for asylum seekers. The new Labour Code adopted in February 2003 exempts recognised
refugees in Romania from the requirement of having a work permit for regular employment. A manual of
best practice intended to support the work of all institutions in the asylum field was approved in July 2003.
In August 2003 a database to hold details of refugee's countries of origin became operational and will be
used in the status determination procedure. The National Refugee Office has opened a refurbished
accommodation centre in Bucharest during the reporting period. Use of the accelerated procedure has been
reduced, the average detention in airport transit zones shortened and 94 % of asylum applications received in
2002 were processed within the legal deadline of 30 days.

Today after the entrance in European Union, Romania musts follow directives of Bruxelles. Our new border
position creates new concerns about migration flows. The Republic will probably has to renegotiate the
foreign policy with the neighbours.

The republic of Romania therefore:

1. ask to encourage the creation of economical links with all country that stands migrations of their
2. asks to redefine the status of refugee and the criteria of the asylum