Information on whether the law against "vagrancy" (unemployment or "parasitism") is still in effect and the penalty [ROM11036]

Please consult ROM9109 (7 Aug. 1991) for information on Decree 153 which deals with "parasitism."

None of the detention regulations in the Constitution of Romania applies to Decree 153, a much-cited legal holdover from the Ceausescu era. Decree 153, which is not considered a criminal statute, provides for a maximum jail term of six months and involves "an expedited civil procedure" to detain those who have committed offences against public order (Helsinki Watch Mar. 1991, 44-5; Lawyers' Committee May 1992, 126; Country Reports on Human Rights Practices for 1991 1992, 1219). International observers are critical of Decree 153, stating that it "violates the basic concepts of a fair trial," that its wording is "extremely vague", and that it has been used against those who have criticized government policies (Helsinki Watch Mar. 1991, 44-5; Lawyers' Committee May 1992, 126; United Nations 3 Jan. 1992, 15).

Although a January 1992 report states that Decree 153 has "hardly been applied in recent times," there is at least one documented case of its application in Bacau in October 1991 (Lawyers' Committee May 1992, 126; United Nations 3 Jan. 1992, 15).

References


Helsinki Watch. March 1991. Since the Revolution: Human Rights in Romania. New York: Human Rights Watch.

Immigration and Refugee Board Documentation Centre (IRBDC), Ottawa. 7 August 1991. ROM9109.

Lawyers' Committee for Human Rights. May 1992. In Defence of Rights: Attacks on Lawyers and Judges in 1991. New York: Lawyers' Committee for Human Rights.

United Nations. 3 January 1992. "Report on the Situation of Human Rights in Romania." Economic and Social Council. E/CN.4/1992/28.

Attachments

Helsinki Watch. March 1991. Since the Revolution: Human Rights in Romania. New York: Human Rights Watch, pp. 44-45.

Lawyers' Committee for Human Rights. May 1992. In Defence of Rights: Attacks on Lawyers and Judges in 1991. New York: Lawyers' Committee for Human Rights, p. 126.

United Nations. 3 January 1992. "Report on the Situation of Human Rights in Romania." Economic and Social Council. E/CN.4/1992/2, p. 15.