CEU eTD Collection

Second Reader: Professor István Second Reader:Professor Rév ProfessorRenáta Supervisor: Uitz The Political Use of Capital Punishment in in Punishment Capital of Use Political The In partial fulfillment of the requirementsthe Inpartial forof offulfillment the degree Communist Romania Communist Central European University Central European Constantin-Raducu Stancu Constantin-Raducu Stancu History Department Budapest, HungaryBudapest, Master of Arts Arts Master of Submitted Submitted to 2012 by

CEU eTD Collection made benot writtenthe may permission the of Author. without instructions such in withmadeaccordance copies Further made. copies of such any formpart a must page This librarian. the from obtained be may Details Library. European Central the in lodged and Author the by given instructions the with accordance in only made be may part, or full in either process, any by Copies Author. the with rests thesis this of text the in Copyright 2

CEU eTD Collection

highlight practice politicizationthe itself.penalty death the of into put when interpretation chapters their and both provisions Ultimately,legal the 1980’s. that second the demonstrate refined during more the the use, by a propagandistic and become chapter, opponents the eliminate to to research to limited means evolved direct tool first slowly a political itas both the how period inStalinist about the in evidence described Used provides as chapter research effect, deterrent its for propaganda a to relation in than might expect. rather one than ideology by events, influenced less ultimately specific by was thus dictated and to policy, was criminal coherent that reactions manner and a in “needs” penalty death political the immediate of use the was incoherent result the The and irregularities existence. frequent by its defined was penalty death the of was use This The aims. main its end the of at itsof verybeginningthe close weakest, and to then it especially wasat case when the one in perpetuation own its transformed that regime a of policies in politics and penalty death the between attitude state’s relationship the how the illustrate capitalevolved. towards reveal punishment to order to in aims examples provides thesis and This use, actual the of survey a statistical takes framework, legal the examines It period. the communist Romania,throughout Abstract Abstract 3

CEU eTD Collection

Bibliography ...... 63 Bibliography ...... 60 Conclusions ...... Punishment Capital and Politics in CommunistRomania after the PenologicalReformin 1969 42 III. Ideology,Repression and the Romania Death Penaltybetween in Communist 1944 and1969...... 23 II. 14 Theoretical Framework ...... I. Table of Contents Contents of Table III.4. 1989 and the Abolition ...... 57 1989 III.4. andthe Abolition ...... 54 TheIII.3. Traitors ...... 50 TheIII.2. Campaign(Economic) against Criminality ...... 42 1969.A III.1. New Penal Code ...... Decree33 II.5. no.318/1958, the Harsheningof the CodeAfterwards Penal and ...... 31 II.4. TheAbolitionist Attempt ...... 27 II.3. TheDeath Penaltyin Law 1949 ...... 24 War CriminalsII.2...... 23 EarlyII.1. Years ...... 5 Introduction ...... 4 CEU eTD Collection pentru-pedofilii-ai-caror-victime-decedeaza-228971.html http://www.romanialibera.ro/timpul-liber/fapt-divers/iulian-urban-propune-pedeapsa-cu-moartea- 2012, February Proposes Urban DeathPenalty the for Pedophiles who’s Victims Die], 3 Death PenaltyEasternin Europe”, 2 1 o al crimes. all for great abolitionist were countries a 16 only when back, years as 35 than more seenno look ifwe advancement be might which practice, in or law in punishment capital abolished the world in countries the of thirds two and abolitionist were countries 96 2011, in International, Amnesty to According penalty. death the of abolition the concerning documents 1994, May in Rights Human on Convention European the to 6 no. Protocol ratified also and Rights Political and 27 Civil on Convenant on International UN ratified the to Protocol and Optional Second 1990 the 1991 February March 15 on signed Romania regime. communist after days few a 1990, January 7 the on Romania in abolished been has punishment Capital of fall the of deathpenalty.the reintroduction the proposed Iulian Urban Senator when 2011 June in Romania in emerged idea penalty. death the reintroduce to countries EU the to appeal an launched Kaczynski Lech President Polish the 2006 July 28 on that remembering worth is it Furthermore, world.

Monica Ionita, “IulianUrbanPropune Ionita, Pedeapsa MonicaPedofilii Victime caror cuDecedeaza”[IulianMoartea ai pentru the of Abolition the Socialization: State and Compliance Elite “Between Imami, Arben and Peshkopia Ridvan FiguresDeath onthe Penalty, Introduction Introduction 1 It is, thus, a legitimate question to ask how abolition happened around the the around happened abolition how ask to question legitimate a thus, is, It 3

http://www.amnesty.org/en/death-penalty/numbers TheInternational Journal of Human Rights,

5 RomaniaLibera, Vol. 12, No.3 (June 2008), 353. ,accessed January 21 2012. 212011, June accessed 21 2 A similar similar A CEU eTD Collection Power, Hodgkinsonand AndrewRutherford, (Winchester:Waterside 1996), Press,215-243. 5 4 ethnicity, race, a on applied arbitrary be to tends punishment capital rates, crime and penalty death the between relationship a proves that data statistical no of know I because abolitionist an am I abolitionist. an am I position: my beginning very the from state to punishment capital studying in honesty academicmatter of a it consider I Nonetheless,another. or position one for effective. proven be could it if even abolitionist an be can another while unproven still is efficiency penalty’s death the if or moral different a on based penalty death the againsteven retentionist or a favor be in can pledges one one sometimes: Usually intercalate they that true is It perspective. utilitarian itknow about todaymoreuncertain.what we even making works, academic few the in abound mistakes and perception public the characterizes mystification and Ignorance executed. not but sentenced those for same the do to impossible virtually is it and executed were people many how estimate to full is andlargely unknown difficult is in Romania communist capital punishment history of The is It ambiguities. of regimes. communist past in penalty death the of peculiarities the through understand better can we that countries communist are punishment capital applying still states In the of public. some this larger to addition the and specialists by both known is history its that important extremely is it penalty,death for support popular the given debate, serious a to related be should penalty warning Foucault’s Michel Following punishment. capital Stanislaw Frankowski, “Post Communist Europe”, in in Penalties”, Replacement “Against Foucault, Michel ed. Pauled. Rabinow,(New York:New The Press,York 2000),459-461. I strongly believe that there are lessons to be learnt from the communist experience of of experience communist the from learnt be to lessons are there that believe strongly I 5 It is beyond the scope of this thesis to get into details or to pledge to or details into get to thesis this of scope the beyond is It

CapitalPunishment. Global Issues andProspects, 6 seta Wrs f ocut 15-94 Vlm 3: Volume 1954-1984, Foucault. of Works Essential 4 that the abolition of the death death the of abolition the that ed. Peter CEU eTD Collection Fugitive Prisoners] 8 (Stanford:Stanford University2005), Press, 31. 7 Press, 1996), 907-908. 6 19 the guards”. prisoners fugitive and detainees the “shooting of practice the condemned them of the by One topic. the on published provided were works several War, World Second crimes the Before Code. Military military few a of exception the with state, Romanian established an newly the in 1864 followedin abolished was It not itperiod. this in iscountries other century, to War compared path unusual World nineteenth Second the the of before Romania half in first punishment capital the of in history intermittently The Used spectacular. isas a historical barely reality known. punishment capital where countries, communist European East former and USSR the for case the not is this known, less or more is history this capital Europe Western of for Although history punishment. the in deeper lie that characteristics in resides distinctiveness its Hence, distinctions. such to immune is penalty death The day. present the until US the in application explicit by proven been extensive its has and 1987 in GDR it the in penalty death as the of abolition the as punishment, with such developments capital penalty of death history the the relates at that looking of perspective way Manichaean a not is thesis overrated and simplistic a is This dichotomy This enemy. liberal its with abolition and circumstancesinfluence ofcapital regulation the often andpunishment. use occur. can errors judicialandcriteria, etc., class Constantin Filiti,Constantin Christian BoulangerAustin and Sarat (ed.), Evans, Richard th 8 etr Rmna wie t ato ws srio o a atmtd political attempted an of survivor a was author its while Romania, century Another book backed up abolitionism making a short history of capital punishment in capital punishment of history short making a abolitionismbacked up book Another Rituals of Retribution: Capital Punishment in Germany, 1600-1987Germany, Punishmentin Capital Retribution: of Rituals Despre Impuscarea Osanditilor si Arestatilor Fugari [About the Shooting of the Detaineesandthe ImpuscareaofDespreShootingArestatilor OsanditilorsiFugari the [About (Bucuresti: NouaTipographie Nationala, 1882).

The CulturalLives ofCapitalPunishment. Comparative Perspectives 7 6 Furthermore, as this study will show, political show, will studythis as Furthermore, (Oxford: Oxford UniversityOxford(Oxford:

by prison prison by 7

CEU eTD Collection 1927 and 1933, when it became it when 1933, and 1927 1924 in party communist the outlawing repressive, more and more laws…werepenal bourgeois“ulterior 74: 1974), Romania, Punishment]Capital of Study the to [Contributions Capitale Pedepsei Studiul 12 11 the Project of theNew Constitution] 10 Century Romania] 9 this mystification.this inoculated that historiographyand propaganda communist probably it was and provision such a include not did law The agitators. communist against enacted was punishment capital when capital supported criminology, Romanian of punishment. founder the Tarnoviceanu, Ion professor of one the like voices important 1923, in Constitution new a of adoption the of context the in established newly the of Constitution new the February onauthoritarian 28 KingII of 1938: regime Carol with accordance in latter of Code Penal new the ofimplementation the for the 3247 no. law 1938, September 24 On put 1936 Frankowski, Stanislaw author, (the 1924 in law or retention the that show scholars, legal from them of most contributions, thesea to related is All point curious A intellectualdebate. an to open was penalty death the of abolition assassination. the government during strikesthe inValea Jiului in1929 and Grivita in 1933.” osatn . Angelescu, C. Constantin n xml f hs truh n netoal vgesaeet w cn id n uin Poenaru, Iulian in find can we statement, vague intentionally an through this, of example An Frankowski,“Post-Communist Europe…”, 217. Pella, V. Vespasian as for casesas of robberymurder and andpolitical assassinations. family, during royal the paragraph of well entrustedfunctionsas them,dignitaries related to for the reasons previous to foreign membersstate chiefs and king, the the of against directed dispositions attempts assassination the for ofpeacetime application the decide may Ministers of Council code. military the to according wartime during applies punishment Capital 15. Art. , repressing some crimes against public order public against crimes some repressing , 10 9

A few years before the prodigious jurist Vespasian V. Pella backed abolitionism backedabolitionism Pella VespasianV. jurist prodigious the yearsbefore fewA (Bucuresti: Tipografia Inchisorii Centrale “Vacaresti”, 1927). Marzescu Act Marzescu 12 Pedeapsa cu Moarte in Legatura cu Proiectul Constitutiei [The Death Penalty Related to Related Penalty Death [The ConstitutieiProiectul cu Legatura in Moarte cu Pedeapsa

eepa u ore a oai n ecl l I-e [h Dah eat i 19 in Penalty Death [The XIX-lea al Veacul in Romani la Moarte cu Pedeapsa Marzescu-Mironescu law Marzescu-Mironescu

(Bucuresti: Tipografia Curierul Judiciar, 1923). 11 ) that prohibited the activity of the communist party. A Western A party. communist the of activity prohibitedthe that ) is not the only one who erroneously records it as the moment the as it records erroneously who one only the not is 8 , through which were justified the the justifiedwere which through , through Marzescu law in the same year, modified in modified year, same the in lawMarzescu through (Bucuresti: Editura Academiei RS Academiei Editura(Bucuresti: excusable killings excusable otiui la Contributii of th

CEU eTD Collection version. 16 Unit [subfonds],Subject Files[series], container no. 14. 15 Review, 14 JudiciaryUnit] 13 Brasov in attorneyan was author The established. be to yet are appeared book this which period, same the in Poland Punishment called book a 1974, Nevertheless, period. in communist the during taboo was arose punishment capital of topic appearance The exotic an interpreted, focusexplain Romanian the case. whyon the was punishment capitalto seek also will it how while Romania, communist in used politically show ultimately, and transformed will study following The changed. be to had aspast but the predecessors, to its from received regimerelated communist everything the almost that inheritance that the is This different so general in were aims its know we framework. legal the analysis of poor a with few pages, a in only coveredis in(1944-1989) interested am policy. I penal communist of consequence period the versions, both In 1992. in published was book natural the of version revised a Interestingly, a as position abolitionist an suggest somehow conclusions the but book, the overwhelms rhetoric Communist world. the in penalty death the of situation the of survey comprehensive a providing 1974, in book his published increasedof numberthe executions rapidly. while crimes, other several and espionage, treason, rebellion, crimes, insurrection, robbery, capital including of number the increased regime fascist the War, World Second the During The only difference is the removal of the parts that were evidently soaked with communist rethoric in the first the in communistrethoric with soaked evidentlywere that parts the of removal the is difference only The Romanian[fonds], Institute Research RFE/RL of Records HU-OSA-300-60-1, (OSA), Archives Society Open Europe”, Eastern and Central Penaltyin Death the of Abolition Fijalkowski, “The Agata Fond (NAR), Romania of Archives National 9 (2001),9 74. 16 , file no.83/1944. y uin onr. vn huh iia bbigahc perne eitd in existed appearances bibliographic similar though Even Poenaru. Iulian by

14 h lcl otx ws ifrn ad h eat icmtne in circumstances exact the and different was context local the

iitrl utte – ieta uiir Mnsr o Jsie – Justice of [Ministry Judiciara Directia – Justitiei Ministerul 13

9 otiuin t te td o Capital of Study the to Contributions Tilburg Foreign LawForeign Tilburg 15 and CEU eTD Collection cs suy n lvka a pbihd y oet io fre Mnse o Jsie n hs country: this in Justice of Minister former Fico, Robert by published was Slovakia on study case A in Punishment “Capital Fijalkowski, Agata Poland: on study case a published also Fijalkowski PenaltyFico,Robert Slovakia” Death “The in Agata Poland”, in 20 19 Guarantee for the Right to Life] Iancu, Marcel 18 Romanian Law.Origins and Evolution] 17 Frankowskiin based mainlybeing that provides data the his research. on - data of lack the – field research the of problems major the of one confronts study The one. legal a than rather issue political a becoming population, the intimidate to used was penalty death the period Stalinist the during that stresses It countries. European Central-East in period communist the during punishment capital of legal summary extensive of an approaches makes also the it scholars, of most like abolitionism post-communist on focused Although Europe Eastern and Central in Penalty Death the of Abolition The article, an is study second The context. political the to it relates and countries European East Prospects, and called book a in chapter Frankowski’s Stanislaw one, first universities, Western in scholars legal by The period. European communist duringapproachedthe incountriesEast deathpenalty the that done was studies major research two are deeper There importance. their a stressing also However, and aspects political addressing in appendix. to given that than less pages, two in summarized Law Romanian OlivianMastacan, jurist, by in a a doctoral 2008 published book, thesis Another in Punishment Evans also dedicatedchapter a toGDR the in his Europe Publishing,1999),117-129. Fijalkowski,“TheAbolition…”, 62-83. Frankowski,“Post Communist Europe…”,215-243. same case The is the in abookby written two specialized policemen forensics:in GheorghePopescu Adrian and Mastacan, Olivian TheCultural Livesof Capital Punishment…, Interzicerea Pedepsei cu Moartea – Garantie a Dreptului la Viata [Banning the Death Penalty – a – Penalty Death the [BanningViata la DreptuluiGarantie a – Moartea Pedepseicu Interzicerea 19 is a comprehensive survey of the evolution of capital punishment in all the the all in punishment capital of evolution the of survey comprehensive a is eepa aiaa n rpu Rmns. rgn s Eoui [aia Pnsmn in Punishment [Capital Evolutie si Origini Romanesc. Dreptul in Capitala Pedeapsa (: Sitech, Editura 2009).

17 ,(Targoviste: Bibliotheca, 2008). rfss o el ih h cmuit period communist the with deal to refuses , , , in in TheDeath Abolition Penalty:in Europe 10 ed. Christian BoulangerandAustin Sarat, 147-168. Ritualsof Retribution… . Jesus Christ’s sentence to death to sentence Christ’s Jesus Capital Punismhent. Global Issues Global Punismhent. Capital 20 y gt Fijalkowski. Agata by (Strasbourg: CouncilOf , reproduced reproduced , 18 hc is which Capital Capital CEU eTD Collection 1990):503-520. 23 Dilemmas”, Penalty Studies Europe-Asia Monitor, Issues, 154-174;Konstantin Simis, “DeathPenalty Socialism”, under 22 DemocraticGerman Republic”, 21 h is catr O cus, ot tde fcs n h oit Union, Soviet the on focus studies most course, Of chapter. first the an to lead communism couldn’t why and used continuously punishment capital was Why penalty. death the used propaganda how see lay ideologymechanismsanalyzeand both sight.behind is Mypractice, first andaim the that to in rooted punishment, capital of rejection the ideologicalat intriguing is the 1989 until between 1944 from contradiction Romania in The use continuous almost its and Marxism, illustrate successfully politicizationthe of deathitself. penalty the use actual their and provisions legal the that assert will I view, of point quantitative a from other especially to inprison, deaths or executionslike extrajudicial period, in the compared phenomena repressive marginal Although coexist? killing state of forms two the did how and them of few legally a just for path were this choose regime the hundred did Why show. will three study this inas executed, than power took less communists while the after actors 1950’s, state late by killed until were mid-1940’s people of the Thousands in Romania on communistwillfrom otherChina countriesinsistparts I not on. of world different the or that focus studies other Several model. role a was case Soviet the that extent the to relevant USSR, China, on Scobell Andrew of study comparative the mentioning worth also is It GDR, the and Cuba (2005): 367-376; Andrew Scobell, “The Death Penalty in Post-Mao China”, China”, Post-Mao in Penalty Death “The Scobell, Andrew367-376; (2005): oit n Es Erpa Rsac, rn ar olg, a 18, cesd 7 eebr 2011: December 27 accessed 1987, May College, Mawr Bryn Research, European www.ucis.pitt.edu/nceeer/1987-800-14-Kline.pdf East and Soviet forCouncil National toReport InterimToday”, Union Sovietthe PropertyPublicin andState Against Crimes for Hong Lu and Lening Zhang, “Death Penalty in China: The Law and Practice”, and LawThe China: Penaltyin “Death Zhang, Lening and Lu Hong the VandenP. See Berg, and“The Ger. theand Death Penalty”, Cuba Union, Soviet the China, 1917-1990: Socialism, under Penalty Death “The Scobell, Andrew o 1 18) 2-7 Mroi Fruasn “or xSve Sae ad h Dah Penalty”, Death the and States ex-Soviet “Four Farquharson, Marjorie 23-27; (1981): 1 no. o 2 20) 8-0; ila A Cak “rm ad uihet n oit fiilo. 1965-90”, Officialdom. Soviet in Punishment and “Crime Clark, A. William 89-100; (2003): 2 no. vl 4, o 2 19) 2929 Dnl D Bry n Ei J Wlim, Rsi’ Death “Russia’s Williams, J. Eric and Barry D. Donald 259-279; (1993): 2 no. 45, vol. , Criminal Law Forum, LawCriminal 21 an article that I will come back to for the methodological discussion in discussion methodological the for to back come will I that article an Criminal JusticeHistory: International An Annual,

vol. 8, No. 2 (1997): 231-258; George L. Kline, “Capital Punishment“Capital Kline, L. George 231-258; (1997): 2 No. 8, vol. . ideological abolition? ideological 11 Russia.AQuarterly Review ContemporarySovietof SovietStudies, Was there a specific debate on debate specific a there Was The China Quarterly, China The Journal of Criminal Justice,Criminal of Journal 12 (1991):189-234. 22 and their findings are findings their and vol.35,2 (Apr. 1983): no. no. 123 (sep. 123 no. Helsinki 23 33

CEU eTD Collection 25 24 cases most in applied, still was punishment capital However, guidance. Soviet the from more depart to started Romania as case the especially was This increased. norms and organizations international the to paid attention the and released were prisoners were political be the period condemned, Stalinist to the of seem excesses The procedures period. legal previous the the from different all substantially and established legal the attentively Firstly, more advancement. were important an provisions marked which 1969, in Code Penal new a a leadership, of change into generational translated change was This Ceausescu.youngNicolae bythe his death after being replaced the with only possible was shift authors, paradigm some A by emphasized peculiarity byintimidating bywhether others. suppressingdirectly the or people aims political achieve help utilitarian to intended an tool a into in transformation its penalty words, other death In manner. the of use the and proceedings criminal swift were period Stalinist this in Specific 1958. in significantly increased crimes capital of number the 1956, in it abolish defined to attempted jurists leading Although mentioned. above the concealing or vaguelycomplicity against 1949 in extended acts beingcounterrevolutionary criminals, war against enacted first was penalty death the period this In 1969. and 1944 between punishment capital of evolution essential their the to penalty, dedicated be will chapter first death the way, this In the period. the of politics the of being influence use the and both framework dictated be will legal thesis my of structure the the questions, of research these from evolution Starting the by a political weapon? wasin fact usedas society, or in other any as used was punishment the ideologicalissues or the Scobell,“TheDeath PenaltyunderSocialism…”, 218. Frankowski,“Post-Communist Europe…” ie osiay tesn eooi sbtg, r vn instigation, even or sabotage, economic treason, conspiracy, like

, 218. 25 the old Stalinist ruler Gheorghe Gheorghiu-Dej Gheorghiu-Dej Gheorghe ruler Stalinist old the 12 24

CEU eTD Collection years 1945,1947findwhichbelieve.1944, andimpossible1948, to I the for execution any mention not do documents other the Meanwhile, higher. much was number the that obvious is it executed, and sentenced people 101 over for details offers not is years1944-1957 the for gathered I that data the importantly, more and Secondly, document Although a period. ofthe rest the for available asthose and reliable asrich manyits capitalverythe for use was sentence offences, rare. stipulated provisions legal the although that, show press and cases law common among found data some However, sources. of scarcity the to due application its regarding questions other address fully not will I offences, military for penalty death although the iswill analyze first the that I mymajorThelimitations of thesis. two There are concerning provisions legal capital on mark its left also willitsand Asecond distinctiveness.punishment. 1969-1989 period the chapter analyze built, Ceausescu regime neo-Stalinist the of aims political the to due faced Romania crisis economic severe the with 1980’s, The murder. aggravated for 13 CEU eTD Collection and Ronaldand Speirs, (Cambridge: Cambridge University1994), Press, 310-311. 27 26 opeesv apoc, ae o a itricpiay esetv. oe f h leading the of field scholars of the Some perspective. interdisciplinary a anuse to necessary is it punishment, on capital of image historical a reconstruct based to order In approach, comprehensive a by seizure power of period the during dominated was law that observed Kirchheimer Otto further, Going legitimacy. its demonstrate to capital way a as of understood be use to has the also punishment and challenges newly many the faced of Romania legitimacy in The regime state. communist established the of hands the in instrument coercive the ultimate from the starts punishment capital on politics of influence the of understanding My of concept Weberian cases. individual the of examination closer a allow which theories range medium with coupled be to has it therefore and misleading, always theory aggregate an consider each theyMeanwhile, country. of context peculiar the in basis, case by case a on manner, different a in important all opinion; public and religion type, regime indicators, socioeconomic rates, crime of analysis an presumes manner this in constructed framework theoretical The insights. historical deep needs cases most in which analysis cultural of importance the stressed Sarat Austin and Boulanger Christian pluralism, methodological for Advocating penalty. death the of content intimate the Max Weber, “The Profession and Vocation of Politics” ofVocation and Profession “The Weber, Max Boulangerand Sarat, I.

Theoretical Framework Theoretical 26 TheCultural Lives ofCapital Punishment… have attempted to link legal studies with social sciences in order to reveal to insocial order linklegal withsciences studies to have attempted monopoly on the legitimate use of violence useof legitimate the on monopoly

14 , in Max Weber, Max in . Political Writings Political , 27

the death penalty being thus thus being penaltydeath the , ed. Peter LassmanPeter ed. , CEU eTD Collection 111-121. in Foucault”, de 30 29 University1961),Press, 288. 28 was newmanipulationwill a level politicized, at whichbut I manner andthat anew in of describe. punishment, capital with case the also is It practice. real-socialist and ideology communist between shift a time more one proving force, in still provision legal communist pre- old on was based way, the control lead also sometimes improvisation sometimes However, that indirectly. exercised or controlled, was everything not that see can we draconian, Foucault’s Michel worthanalyzing. half is first also period the of the throughout principle the of The recurrence means regime. the a of into law transforming the power disciplinary modern to references his nadirFoucauldianwasfollowof ifcommunismthe paradigm, totalitarianisms the we wererare, Although relevant. is both of study the and it societal, be or political normativity, and laws by defined rules mixed through behavior individual evaluated the jurisprudence, liberal unlike peculiarities: some been also have there But body. social the into inoculated indirectly mechanisms disciplinary subtle but anymore, public not were executions where paradigm new the obeyed countries Evidently,communist justice. criminal communist inanalyzing arise, will that comparisons the all through and, societies Western of system judicial the understanding in helpful is It modern times. the until Middle-Ages from the evolved system punishment how the purpose. main the was Party legality revolutionary Roumen Daskalov, “Le Pouvoir Disciplinaire et le Socialisme d’Etat: Quelques Reflexions Accrochees a celles QuelquesReflexionsAccrocheesa d’Etat: Socialisme le etDisciplinaire Pouvoir Daskalov,“Le Roumen Foucault, Michel Kirchheimer, Otto Hommage de l’Est a Foucault, a l’Est de Hommage Disciplineand Punish: The Birth of thePrison oiia Jsie Te s o Lgl rcdr fr oiia Ends Political for Procedure Legal of Use The Justice: Political . 30 Meanwhile, if we agree that the totalitarian control was not that that not was control totalitarian the that agree we if Meanwhile, , when strengthening the state under the leadership of the Communist Communist the of leadership the under state the strengthening when , icpie n Punish and Discipline icpiay penalty disciplinary

28

hs a tasae i sit rmnl rceig o in or proceedings criminal swift in translated was This ed. Alain Brossat, (Nancy: Press Universitaire de Nancy, 1994), 1994), Nancy,de Universitaire Press (Nancy: Brossat, Alain ed. 15 , which developed in communist countries countries communist in developed which , 29 marked a paradigm shift in understanding understanding in shift paradigm a marked (New York:Books, Vintage 1995). Pictn Princeton (Princeton: CEU eTD Collection 32 C.and H.Wellman, (Oxford:Blackwell, 2008), 75-87. 31 First and most is important and First of concept the the of lot a deal with to hadUnion, Soviet the by imposed them most of region, the new a on constructed were they opinion my concepts:conceptualby basis which wasdefined antagonistic in but decades, two last the in deterrence general of importance the about also and war the after decade first the in opponents political eliminating in retribution about talk can We ideology. on focused more becomes discussion communist in struggle class “exceptionaland capitalaccept asan to punishment argument wasbuilding perfect the the societies of intensification the three of these the but theory in ways, Firstly, Stalin’s see. two period, will in Stalinist we mainly as surpassed confusing was be contradiction can this result that this argue and I intersected often elements re- although - itselfeducationterror -. often achievedthrough was re-education on based was that policy penological general the with penalty death the of use inconsistent justifythe to wanted regime the when especially changes, attitude punishment. capital against himself positions clearly he where articles youth his of one to penalty, death the to related specifically and, Marx, back to idea us takes this archaeology of Thesociety. the communist made useful to and re-educated be can past, their of regardless individuals, that was concept Man New the of ideas core the of one However, convictions. ideological communist serious lacking them of most citizens, regular or fascists defeated newly they be state, the inside from citizens them of consequentialism/utilitarianism or around carried is binomial, punishment concepts, capital about discussion justice legal the society liberal retributive/restorative a In deterrence, RobertBohm,“Karl Marx and theDeath Penalty”, in Penalty” Death the and Punishment “State Dolinko, David 31 while for the communist societies their conceptual strength weakens and the the and weakens strength conceptual their societies communist the for while

32 On a lower, political and public discourse level, the the level, discourse public and political lower, a On Critical Criminology 16 NewMan A Companion to Applied Ethics, Applied to Companion A , vol. No.4 16, (2008):285-286. . The new communist regimes in regimes. The new communist enemies ed. R. G. Frey G. R. ed. , many , CEU eTD Collection a Mre Ppsu (uuet: dtr Pltc, 94, 3-5; ioa Ceausescu, Nicolae in 137-152; ContemporanaLumea 1984), Legislation]”, Politica, and Editura (Bucuresti: Law Popescu, Mircea Socialist Dan the of “Umanismul Vida, Humanism Rights]Human and HumanismRevolutionary Ioan[The OmuluiDrepturile [The si Revolutionar and Socialiste Lörincz Legislatiei Ladislau si see: perspective, Dreptului Romanian the regarding Particularly 28-29. 34 33 sue hs efr ad t rtcs h hpies f h woe society. whole the of happiness the protects it and welfare his assures it because it, obey to but anymore, state the fight to have not does individual the that results It society. whole the of happiness of achievement the through only possible is form social new the in happiness individual that is rights human to approach communist the of thesis basic The in respect. this social order of type of their and achievements advantages the show to were keen immediate by dictated was that manner a in penalty death the of use the in resulted This end. its to and close beginningvery the at weakest, it was when especially goals mainits of one into perpetuation own its it transformed achieveas them, to ways the or aims its of be aware always not to seemed who regime a of representatives the of policy incoherent frequent an and illustrates irregularities successfully penalty death the of use the that show will I mechanisms. disciplinary of theory Foucault’s with convergent also is which state, the with negotiated say, would I independent, or, more lifewere of aspects certain how emphasize who revisionists, the Thisislife deniedcoercion by of socialand politicalterror. assertion every through the and part rules state almighty the approach, totalitarian the In schools. totalitarian/revisionist between one the namely communism, of historiography the defined that debate the to refer will I this to answer To instrument? political a as used punishment capital was How discussion. ideological the in than reality in rooted more is posed and I question that methodological addresses another layer of the discussion A second discourse, the beyond goes which introduction, the in aelement, certainly but retributive a deterrent is one denied. temporarymeasure”. Roman Wieruszewski, “The Evolution of the Socialist Concept of Human Rights”, Human of Concept Socialist the of Evolution “The Wieruszewski, Roman Frankowski,“Post Communist Europe…”,215-243.

[Human Rightsin ContemporaryWorld] 33 Later on, countries on, debate humanappearedandthe communist rights Later the

17 (Bucuresti: EdituraPolitica, 1984). , ed. Victor Duculescu and DuculescuVictor ed. , SIM Newsletter, SIM 34 hrfr tee is there Therefore rpuie mli in Omului Drepturile Umanismul 1 (1988): 1 CEU eTD Collection 35 He differentiatesfivemainuse of capital punishment. stages: the and countries communist in systems justice criminal of evolution the between relationship study comparative scientist) the political regarding conclusions (a general some Scobell’s draws and Andrew GDR) and Cuba China, (USSR, cases four schools appropriate. by most the two the offered perspective balanced a find I so provisions, legal through state the by established were game the of rules the However, expect. might one than ideology by influenced less ultimately was thus and policy, criminal coherent a than rather events, specific to reactions and “needs” Scobell,“TheDeath PenaltyunderSocialism…”, 189-234. 4. 3. 2. 1.

population. The influence of of influence The population. prison the of decreasing and terms prison maximum of shortening offences, many Reform economic of numberofespecially capitaleconomic offenses. crimes, period a to the in increase parallel an includes It criminality. power, economic increases which liberalization, takes leader new a after usually Readjustment decreases penalty death the of violentforespecially crimesincreasespoliticalfor and crimes -. use The - Codes. Penal new and bureaucracy specialized countries); communist many in system assesors' popular (the system repression of codification or Routinization with - population criminals,emphasiswar on counter-revolutionaries and reactionaries. of support gaining executions, summary and imprisonment stage Terror . Radical reform of the criminal justice system meaning decriminalization of of decriminalization meaning system justice criminal the of Radicalreform . : after approximately 10 years, the penal code is subject to revision, to subject is code penal the years, 10 approximately after : : seizure of power, elimination of political enemies through through enemies political of elimination power, of seizure :

human rights human 18 concept and the public awareness of the the of awareness public the and concept through establishment of a formal court court formal a of establishment through 35 provides the analysis of of analysis the provides CEU eTD Collection Vasiliu et al., al., et Vasiliu vol.] 4 Code, Penal Romanian 38 37 36 presented to the public at large through commented and annotated versions of the Penal Code Penal the versions of annotated and commented large through at public the to presented were they way the analyze also will I two them. amended from that laws crimes subsequent the capitalall and Codes the established that framework Penal the legal in appeared the they that form describe the will in provisions I legal the 1. identify will I Firstly angles. followingthe scheme: by dividemyperiods applying that thesis inmechanism, ofeach two the disciplinary of the part mentalities.sociologicalhistory Aries’s and Philippe ofperspective Evans’ punishment, capital about modern study about theory Foucault’s on based perspective, historical major only The Retribution, its what fits, case Romanian the extent what to verify to approach this on rely will I if itpeculiarities can and/or scheme. were this challenge press or Stiintificasi Enciclopedica, 1975-1977). vol.] 2 Part, Special Annotated. andCommented Romania, of Republic Socialist the of Code Vintila Dongoroz et al., et Dongoroz Vintila Evans, Scobell,“TheDeath PenaltyunderSocialism…”, 216-217. Thus, I will try to closely trace the relationship of the death penalty with the state, as state, the with penalty death the of relationship the trace closely to try will I Thus, 5. Rituals ofRetribution… . , n cnrs ti wt te otx fo te ea mle ad h dbts ht they that debates the and milieu legal the from context the with this contrast and

stages instagescertain countries. some at stagnation caused absence whose leadership, in change generational the is aspect important One Codes. Penal the of leniency the characterize that rates crime high of context the in measures harsh for demand public represents stage last The example,forChinathis wasskipped. step in but in1987 GDR in the abolition its to led penaltydeath the of character barbaric Codul Penal al Republicii Socialiste Romania, Comentat si Adnotat si ComentatRomania, Socialiste Republicii al Penal Codul 37 rvds mtoooia apoc o te et pnly rm historical a from penalty death the on approach methodological a provides Explicatii Teoretice ale Codului Penal Roman, 4 vol. [Theoretical explanations of the of explanations [Theoretical vol. 4 Roman, Penal Codului ale Teoretice Explicatii Bcrsi Eiua cdme Rpbii Scait Rmna 17) Teodor 1970); Romania, Socialiste Republicii Academiei Editura (Bucuresti:

36

19 disciplinary mechanisms disciplinary , , Partea Speciala,Partea (Bucuresti: Editura(Bucuresti: , Norbert Elias’ Norbert ,

Rituals of of Rituals 2 vol. [Penal vol. 2 38

CEU eTD Collection http://crimelecomunismului.ro/en/penal_registration_forms/ Memorytheof Romanian Exile, accessedNovember 22 2011: Forms], Registration 42 41 40 39 h nme o cptl rms n ter otn, ht curd rm 94 o 1989, to 1944 the from reports like and from Securitate the documents result as interferences politicaleventual they direct framework occurred political larger that the to content, reference with policies their penal the and contextualizing crimes capital of number the in both changes, the all track to perspective, evolutionary an through provisions legal the see brief criminal record, the type of crime for which they were sentenced, but also the the also but sentenced, were they which for crime of type the record, criminal brief a like data essential and basic contain of also They number Romania. communist the in prisoners counting executed for opportunity extensive most the provide forms common The and prisoners. political into separated also were They held. separately were executed those of files the detainees, of thousands of tens Among executions. regarding data of set complete most the is and period, communist the throughout detainee, each forin fill to had penitentiaries numbers, see to only not me allow will that sources of categories form main registration two penal are The There data. important other also but addressresearchnot will them. therefore my and followed, were proceedings legal no since latter the of account an have to impossible virtually is It spot. the on executions do to entitled temporarily were that agents Securitate or tribunals ad-hoc like representatives power other through and penalty, trial a death without often place, the took of application the address executions swift will other analysis my executions, legal of Besides part it. second The executing and 2. sentencing both including meetings or transcripts the ofCentralthe of Party.the Committee the Justice. ofMinistry the fromdocuments through jurists, among created [Documentary]. rhv o Te ainl diitain f eietais AA) Fond (ANAP), Penitentiaries of Administration National The of Archive NAR, Fond Fond (ANCSAS), “Securitate” of Archive the of Study the for Council National the of Archive Archive ofthe MinistryJustice of unprocessed(AMJ), fond. Comitetul CentralalPCR –Cancelarie[The Central Committeeofthe –Chancellery]. RCP

ulse oln b Te nttt fr h Ivsiain f omns Cie ad the and Crimes Communist of Investigation The for Institute The by online published

20 . 42 is a short two-page form that the the that form two-page short a is ieMtioe Penale Matricole Fişe 39 41 Secondly, I will try to willtry Secondly, I

Documentar

social social [Penal 40

CEU eTD Collection 43 someof groups, numerous the of members the at look also will I States. United the to defected who Inteligence, Foreign of Department the of leader and Ceausescu of Mihai advisor an Ioan Pacepa, Justice, of Minister and leader communist former Patrascanu, Lucretiu of that War, World Second the during Romania of to ruler fascist related the , was Ion penalty of condemnation death the how the accounts: illustrate biographical that (collective) cases short some through are described best there Finally, be will 3. that and politics condemned to. subjected were the of most that examination psychiatric the of result the or sentence, the in contained aspects legal main the as well as crime the detail in describe they because source archival valuable a are reports The decision. final the with coincided it cases the of 90% than more in because important very is which Council/President State the for recommendation a contained and case Prosecutor the on the perspective their offer to wasdesignated report This Interior, Tribunal. Supreme the and General of Ministry the Justice, of Ministry The institutions: state several by issued report a was there petition, clemency the Alongside President. the to year that after and 1974 to prior Council State the to petition clemency a address could death to sentenced Decrees Presidential and Council’s person State A 1980’s. forms, and 1970’s registration for penal mainly available the are Unlike they although information, more much wastheir officiallydeath not registered. because date that to prior issued not was certificate death a which for detainees executed with in 1957 Securitate by the listscompiled as such sources by other completed and with compared be will content their 1950’s and 1940’s late of period data poor the for However, deduced. be origin CouncilDecrees]. – NAR, Fond Fond NAR, , political status, and the execution day. Even the waiting time before the execution can can execution the before time waiting the Even day. execution the and status, political , Comitetul Central al PCR – Consilul de Stat - Decrete- Stat de Consilul– PCR alComitetul Central

21

[The Central Committee of the RCP – State– RCP the Committee of Central [The 43 offer CEU eTD Collection Co-Victims 44 pursue in hope to future. the I that project research depth in another for room leaving thus thesis, be short this not in addressed will - approach methodological different a require and perspective different totally testimonies oral and petitions clemency like documents by revealed most the penalty death of the of one experience individual However,the is that etc. phenomenon, the of exempted, aspects interesting was who executions, punishment, capital the of aspects specific other of include will research my manner of part Another the like inetc.economic 1980’s, the crimes incident, involved inleader group the the the Bankof “Great Communist Robbery”; of the authors mountains; the in opponents the of groups the include: will This condemned. only someothers executed, them For this perspective Vollum, Scottsee:this For , (NewLFBYork: Scholarly 2008). Pub, hc atce te oain mas i Sizrad te rus etne for sentenced groups the Switzerland; in embassy Romanian the attacked which Piteşti group inin ofmatter re-education prisons; the the group the

Last Words and the Death Penalty: Voices of the Condemned and TheirCondemnedand the VoicesPenalty: of Death Wordsand the Last

22 44 - which would add a a add would which - Ioanid group of the ofthe group Berne Berne CEU eTD Collection ResearchInstitute [fonds],Romanian Unit [subfonds],Subject Files[series], container no.14. 46 45 The history of the death penalty in communist Romania begins with an ambiguity. ambiguity. an wartimein usedbe only could it previously crimes; civil with of number a “for 1949 in Romania begins Romania communist in penalty death in the introduced was of punishment capital history 1989, in The Report International Amnesty an to According 318/1958.no. Decree of enactment the after 1958-1959 in climax its reached it 1956, in attempt abolitionist different fight and consolidate to had regime the when period a in reasons political for used was penalty death the how describe then will I fascists, and criminals war of punishment the with Starting enacted. was Code Penal new a when 1969, until regime, the yearsof founding the during had ideology and humanity and peace against crimes wartime for 1945 in reintroduced subsequently country”, the of liberation the “after abolished was punishment capital latter, the to According Romania. in Justice of Minister the and jurists leading by in1956 issued document bya supported is information This

ANCSAS, Fond hn tt kills… state When n hs hpe I il ecie h eouin f aia pnsmn ad h influence the and punishment capital of evolution the describe will I chapter this In II. II.1. Early Early Years II.1.

Communist Romania between Romania1944Communist and 1969 Repressionand theDeathPenaltyin Ideology, Documentar [Documentary], (met Itrainl Lno, 99, 9, n UOA306-, eod o RFE/RL of Records HU-OSA-300-60-1, in 195, 1989), London, International: (Amnesty , enemies . With ups and downs like downs and ups With . 46 ie 2 Ags 14, hn oai jie te lis being Allies) the joined Romania when 1944, August 23 (i.e.

fileD11069/1, no. 136. 23 The Death Penalty Law Penalty Death The in 1949 and the the and 1949 in . ” 45

CEU eTD Collection - ThePolitical-Administrative- Section], 51 ThePolitical-Administrative- Section] 50 49 48 47 report of the minister of justice, D. D. Negel also requested on 12 October1944, Negel on requested D. justice, also ministerD. of of report the no. law in see may we as defined, vaguely were 1945 in regime the by targeted 1945 Those January 15 on 50 willsee. we as lie, a was law 1949 the of character non-political the while purposes, political for used were criminals war to related provisions the Furthermore, it. from advantage political a take to tried communists the isit that obvious fabrication, just a or thistrue not was case Whetheror criminal.” war a considered being required, be will Nicolescu Gen. of arrest the meantime the in and days following the publicized be will case “This way. this cases, particular these in give to had they sentences the judges the to suggest to used - House Military Royal the of time the C. or M initials: of types two were there war the the during no.483/1945,showsfiles Martial trialreport, at of that onthe communists the Court, attitude the with unsigned and contrasts undated An beginning. very the from this penalty death the towards had However, communists available. is measure this to related reference other no Unfortunately, takeover. communist the preceded that governments provisional the in1947. thesefor crimes abolished even NAR, Fond NAR, Fond NAR, Fond “M”for NAR, Fond ANCSAS, Fond II.2. War Criminals War II.2.

is that General Nicolescu, the former commander of the Martial Court - in 1945 chief chief 1945 in - Court Martial the of commander former the Nicolescu, General that is moarte (death) Ministerul Justitiei –Directia Judiciara, [Ministryof Justice - JudiciaryUnit], Fond Comitetul Central al PCR - SectiaAdministrativ-Politica- Central PCRFond Comitetul al Central RCPtheCommittee [The of SectiaAdministrativ-Politica- Central PCRFond Comitetul al Central RCPtheCommittee [The of Documentar [Documentary], and “C” forand Pentru urmarirea şi pedepsirea criminalilor şi profitorilor de razboi de profitorilor şi criminalilor pedepsirea şi urmarirea Pentru

alte condamnari (other sentences). , file no. 3/1945, 2. file no. 3/1945, 2. 47 fileD11069/1, no. 136. If the death penalty was abolished in 1944, as a draft a draft as in 1944, abolished was penalty death If the 24 49 The interpretation of “political circles” “political of interpretation The

file no. 83/1944, 74. 48 it was during it wasduring 50 at 51

CEU eTD Collection 56 1995), 257-275. Within, from in System”,Justice Criminal Romanian “The Dianu, Tiberiu 55 54 1945, PartI, 3362. Disaster]”, Country’s the for Guilty Those of Penalization and 53 1945, PartI, 3362. Disaster]”, Country’s the for Guilty Those of Penalization and 52 May 1945, were commuted byMaywere commuted Council Ministries. 1945, the of in first trial,incapital 28the the avoid sentences after sentences death People’s the Tribunals to fighters communist underground former like regime, the to loyal but training, legal no with judiciary laymen new appointing often very Tribunals, People’s andAccusers, Publicincluded whichsystem, a established communists Romanian the this, For fascists. the communists, characteristicsimportant political most werethe ofdeathpenaltyin period. the opponents this 1o) (art. people Romanian the of interests the against of purposes economic and political the of achievement the to deeds own their through period. interwar the during 1e)”, (art. population civil the against purposes racial or political for repressions individual or collective disaster] committing country’s the for guilty those of penalization 1945 profiteers] and criminals war of punishment and pursuit the [For h Rmna Ciia Jsie ytm 14-93” (A Thesis, (MA (1945-1953)”, System Justice Criminal Romanian the Program Yearbook2009-2010, Muraru, “Legislation andWar Criminal…”, 140. in Romania”, in Trials Criminal War and “Legislation Muraru, Andrei Romanian The for termthis is Pursuitthe [For Tarii Dezastrul de Vinovati celorSanctionarea si UrmarireaPentru April, 21 on 312 no. “Law Pursuitthe [For Tarii Dezastrul de Vinovati celorSanctionarea si UrmarireaPentru April, 21 on 312 no. “Law Pentru urmarirea si sanctionarea celor vinovati de dezastrul tarii dezastrul de vinovati celor sanctionarea si urmarirea Pentru Finally, the above mentioned laws actually targeted the former political enemies of the the of enemies political former the targeted actually laws mentioned above the Finally, See also: Maria Andreea Cojocariu,SovietizationAndreeaRomania:“SubordinatingCommunistofThe Maria inJustice Seealso: edited by Stanislaw Frankowski and Paul B. III Stephan, (Dordrecht: Martinus Nijhoff Publishers, Nijhoff Martinus (Dordrecht: Stephan, III B. Paul and Frankowski Stanislaw by edited 52

but ultimately “those who served fascism and hitlerism and contributed contributed and hitlerism and fascism served who “those ultimately but ed.Vainovski-Mihai, Irina (:New Europe College,2010), 129. 55 ilegalisti In spite of that, some authors claim that there was a consensus in consensus a was there that claim authors some that, of spite In

,derivingfrom the periodwhen Communistthe Party wasillegal. 25 Legal Reform in Post-Communist Europe. The View ThePost-Communist Europe. in Reform Legal oiou Oiil[fiil Monitory] [Official Oficial Monitorul Monitory] [Official Oficial Monitorul . ” 56 53

Retribution and elimination of the the of elimination and Retribution uaet CU uaet olg, 2011); College, Budapest CEU Budapest: :

“…those guilty for ordering or or ordering for guilty “…those New Europe College, Stefan Odobleja Stefan College, Europe New and law no. 312 on 21 April 21 on 312 no. law and

[For the pursuit and and pursuit the [For 4 April 24 , April 24 , 54

CEU eTD Collection 62 61 60 59 58 57 several Romanian prisoners. Romanian several regarding act similar a did it as government Hungarian the by demanded were commutations between place took executions other Three 1946. June 1 on execution filmed a in shot were Vasiliu Z. Constantin and Alexianu Gheorghe Antonescu, Mihai collaborators, his of three and Antonescu Ion state, of head former the passed, were sentences capital 16 which in trial show in Bulgaria. sentences death 2680 than less no and 1700 in recorded: executions were 180 executions Poland, in of executions lot a countries the of most In allies. its a and of Germany part are laws especially two war, the the by after provided countries crimes European capital Central-East fifteen all respectively in eight, The common quite process legal 1943 whose regulationin war. war, the andAugust apparently wasdiscussed after extended a actually pardoned…” be should condemned] the [i.e. they that time is it support, mutual and friendship, sincere vicinity, good of are neighbors its all with Romania of relations the and over is war when order, social popular a has country our when “Now, espionage. or treason high of crimes their of because exempted were persons granted” been has amnesty large a 1944, 23, August “after that claimed authorities exist. May, death 31 on to 1017 sentenced no. decree people on 10 based 1948, than in more applied were of exceptions pardoning certain the Thus, about evidence when I, 32-35. I, Frankowski,“Post-Communist Europe…”, 219. NAR, Fond NAR, Fond NAR, Fond NAR, Fond NAR, Fond 62 gentlemen’s agreement gentlemen’s paety fw esn wr eeue i Rmna o wr rms Floig a Following crimes. war for Romania in executed were persons few Apparently, Ministerul Justitiei – Directia Judiciara, [Ministry ofJustice - Judiciary Unit], Ministerul Justitiei –Gratieri, [Ministryof Pardons], Justice - Ministerul Justitiei –Gratieri, [Ministryof Pardons], Justice - Ministerul Justitiei –Gratieri, [Ministryof Pardons], Justice - Ministerul Justitiei –Gratieri, [Ministryof Pardons], Justice - 60

In this case politics prevailed, since the basis of these actions is actions these of basis the since prevailed, politics case this In between Romanian and Hungarian governments during the the during governments Hungarian and Romanian between 59

26 They were all Hungarian citizens and their their and citizens Hungarian all were They file no.518/1948, 44. file no.518/1948, 32. file no.518/1948, 32. file no.518/1948. file no.34/1943, vol. 58 but these but 57 The 61

CEU eTD Collection

66 65 64 63 As Otto Kirchheimer put it, “doctrinal disquisitions on the law's lasting normative normative lasting law's the on disquisitions “doctrinal it, put Kirchheimer Otto As mushroomed” validity in1305and death while people during died executed other or prison. the prosecution to sentenced were them of 101 issued reports, special never three was to According certificate 1958. and death 1946 between a whom for prisoners dead 1406 of believe. death to the to relatives, register the impossible of complaints the therefore following decided, disproportionate, authorities the 1968 too in Furthermore, are Romania for numbers the legal important most the of One tool. political a into Code Penal the of transformation the for important very were provisions its included, not was punishment capital 1948 February required and continued saboteurs and counter-revolutionaries like opponents political of types other Partiinost’ Ciupea (Ion Todea).period and Stancuta same the for roughly 15.000-20.000 to Boldur-Latescu) (Gheorghe 1964 and 1948 between 500.000 from ranging various, are activists memory and researchers by advanced figures The prisons, in especially practices, communist the of part research. also this of part were not are killings and establish Extrajudicial to difficult also is condemned the of number the but humanity. against crimes for 1953 and 1951 Otto Kirchheimer, Dobrincu, Dorin Dobrincu, Dorin ANAP, Fond II.3. The Death Penalty Law in 1949 in Law Death Penalty The II.3. the existence of the death penalty. Although in the amended Penal Code enacted on 27 enacted on Code in PenalAlthough amended penalty.the of death the existence the (party and proletariat interests) prevailed. The fight against fascists, but also against against also but fascists, against fight The prevailed. interests) proletariat and (party FişeMatricole Penale [Penal RegistrationForms], Listele Mortii, Listele Mortii Lists[The Death] of Political Justice…, 66

n h pro o pwr ezr, or seizure, power of period the in 18,20.

288. 65

63 (Iasi: Polirom, 2008), 65. 27 However, even if little evidence was identified, was evidence little if even However, author’s computing. eouinr legality revolutionary 64

when , CEU eTD Collection 71 70 ProsperityofNational the Economy], theEndanger Security State’sthatCrimes Penalization and ofthe 16/1949the forNationale” [LawEconomiei no. 69 ProsperityofNational the Economy], theEndanger Security State’sthatCrimes Penalization and ofthe 16/1949the forNationale” [LawEconomiei no. 68 (Bucuresti: Humanitas,2007), 189.Report] Final Romania. in Dictatorship Communist the of Analysis the for Commission Presidential [The Final 67 USSR, the inits that even - exist informants Securitate not to according did - law declared Ilfov a of such county the and in strong Lawyers too were provisions byMilitary Tribunals. allbe law trialed stipulatedarticle that The last same wereto the cases to the punishment. of service of fulfillment negligent duties.” willfully or failure “knowingly or arson, infrastructure, Romania”, of Republic People’s the of security state: external or internal the against conspiracy of against kind “any and secrets crimes state passing treason, them of some established, were crimes capital Several enacted. the of prosperity the and economy], national security State’s the endanger that crimes some of penalization 1949, January 13 nationale On economiei propasirea si Statului securitatea primejduiesc 1950. until peacetime, during 1947 in abolished was punishment legalthe provisions. are that crimes in crimes as “the encoded not are Moreover, they if even punished ignored. be can society the endanger totally to considered was it Code Penal the of version 1949 the in and measures, safety some for suspended was law, the of non-retroactivity principles, Van den Berg, “TheSoviet Union and Deaththe Penalty”, 159. ANCSAS, Fond Propasirea si Statului Securitatea Primejduiesc care Crime unor Sanctionarea pentru 16/1949 nr. “Legea Propasirea si Statului Securitatea Primejduiesc care Crime unor Sanctionarea pentru 16/1949 nr. “Legea al., et. Tismaneanu,Vladimir 69 On top of that, instigation, complicity, concealing or preparing the crimes above led above crimes the preparing or concealing complicity, instigation, that, of top On Documentar [Documentary], ”67 the so-called the

Comisia Prezidentiala pentru Analiza Dictaturii Comuniste din Romania. RaportRomania. din DictaturiiComuniste Analiza pentruPrezidentialaComisia

Official Bulletin Official Bulletin Legea nr. 16/1949 pentru sanctionarea unor crime care care crime unor sanctionarea pentru 16/1949 nr. Legea Legea pedepsei cu moartea cu pedepsei Legea 68 file13209, no. vol. 3, 139.

and other economic: destroying industrial assets and assets industrial destroying economic: other and , 15 , JanuaryPartIA,550-551. 1949, 15 , JanuaryPartIA,550-551. 1949, 28

[Law of capital punishment] capital of [Law 71 The new law’s extremely extremely law’s new The

[Law no. 16/1949 for the for 16/1949 no. [Law 70 where capital capital where was

CEU eTD Collection 76 75 74 73 72 order, against this Republic, that there is no forgiveness and no oblivion.” no and forgiveness no is there that Republic, this against order, this against conspires who anyone understand to making Romania, of Republic People’s the of order the protect to institutions, our protect to determination our emphasize we authorities, the of hands the in instrument this giving “By that: stressed Groza, Petru Dr. Minister, Prime received was The it way factories. the inand law held the were of passing that the presentations saluted press propagandistic official the the However, during class working the by alreadyis beitthose onlyappliedimprisoned. to to designed disease” contagious a is house that at that door his on sign a “put will he before had Vasilescu Nicolae and Nichita, Dumitru Rozei, Aurel saboteurs the behavior the unreliable, and poor again are 1957 and 1949 like between penalty, executions death the regarding of facets data Other The executions. few very recording forms registration penal legislation. penal concerning trend general a of part was punishment capital regarding legislation the respect, this In population. whole the but opposition, political the only not intimidate to meant was no one”, to talk and house your inside stay to better is it “nowadays that declared also Finance of Minister former the governments.” weak of sign a always are laws “strong since measures, such to appeal to authorities some the prompted that events believed politicians opposition terrified; were categories professional other and railways airports, industry, extraction petrol in employees informants, the to According report. Securitate informative an byillustrated as servants, publicamong terror spread content unclear “The Speech “The of PrimeMr. Minister, Dr. ” ANCSAS, Fond ANCSAS, Fond ANCSAS, Fond ANCSAS, Fond Documentar [Documentary], Documentar [Documentary], Documentar [Documentary], Documentar [Documentary], 74 while two merchants considered that it is meant to scare people or or people scare to meant is it that considered merchants two while 72

Iancu Ianculescu, a former liberal, declared to an informant that that informant an to declared liberal, former a Ianculescu, Iancu file11069/1, no. 138. file11069/1, no. 137. file11069/1, no. 137. file11069/1, no. 136. , Scanteia, 29 , 14, January1949, 5. 75

73

76 and A. Alexandrini, A. and

The death penalty penalty death The CEU eTD Collection 82 CodePRR], ofthe 81 CodePRR], ofthe 80 79 78 colony.Then he became chief the of intelligence important structures. 77 uih n ao o te eie A efc eape f aig datg, hog capital through advantage, taking prison Pitesti the is of themselves authorities the by examplecreated situation repressive a of punishment, perfect A regime. the of favor in punish consequences.” economy provided 209 Article crime: latter the re-defined 202 no. decree 1952. in crime of type this for person one of execution the regarding evidence is law in stipulated crimes economic the all grouped 1950 August 12 on there 199 and economy” nationalno. the of Decree development the of “sabotage name the under 16/1949 no. terror. of acts for others three and interests, state against plotting for one treason, for executed were people six interestedfor capitalist them the benefittheirorganizations.” or ex-owners of sabotaging or using as well as activity, normal their of sabotage the or factories, or institutions Nicolae Colonel renowned the Doicaru, by signed report 1952 a by depicted were execution their ANAP, Fond Penal the of Modification the for 202 no. [Decree RPR” al Penal Codului Modificarea pentru 202 “Decretul Penal the of Modification the for 202 no. [Decree RPR” al Penal Codului Modificarea pentru 202 “Decretul ANAP, Fond ANCSAS, Fond in prisoners the to applied he treatment harsh the for famous became Doicaru Nicolae

Following the adoption of these amendments, records show that between 1952 and 1957 betweenandrecords 1952 1957 show that Following adoption amendments, these the of that hethat wasterrified. face unrecognizablehis while on down see could lookingone town, and of out trembling gets wasvan the Dumitru that Nichitasaw he When prison, window. the left van the After Nicolaethroughwheretryingdriver’staken, arethe van’s see route, attention to they paid to the Vasilescu that observed I Meantime, word. no said head, his over cap his pulling Aurel, Rozei andkissexchangedhethe with from well prisoner as Cernatescu,entreaties… as his expression face his from resulted which executed, be to going is he that realized he “transfer”, 77 as a capital crime, “when the actions determined or could determine severe severe determine could or determined actions the “when crime, capital a as chief in countySecuritate the of Constanta: of FişeMatricole Penale FişeMatricole Penale hn e Ncia uir) a anucd y h pio cif o rpr fr his for prepare to chief prison the by announced was Dumitru) (Nichita he When 80 Official Bulletin Official Bulletin Documentar [Documentary], The actions were: “undermining national economy through the use of state state of use the through economy national “undermining were: actions The 82 hs nmes r lw bt aiu ohr en eitd o hre and charge to existed means other various but low, are numbers These 78

, 14May1953, 162. , 14May1953, 162.

[Penal RegistrationForms], [Penal RegistrationForms]. fileD016243, no. 68. 30

author’s computing. undermining of the national the of undermining Canal 81

corrective labor corrective 79 In 1953, 1953, In CEU eTD Collection of the CommunistRepression in Romania] 86 85 84 83 A short period of attempted restoration of of restoration attempted of period short A after thein death ofStalinparty period USSR. the spiritdefined the of Marxism-Leninism) shortly released. were and sentences light received experiment the for responsible agents Securitate the 1954, December 17 placeon took executions 16 and passed were sentences death 22 While Interior. of Minister the Georgescu, Teohari and Gheorghiu-Dej Gheorghe between power for maneuvers internal the of context the in 1952 in trial secret a through stopped a was experiment colleagues, own their of torturers into The estimations. lowestthe inmatesaccording to 1000 affected over that brainwashing program victims the of transformation forced the was of experiment But the the core severe torture. through parties membersex-opposition student of They criminals. war of prosecution the in roles key playing jurists communist top were them of all and 1949 in enacted was law penalty death the when Justice of Minister former the was punishment. capital abolish to attempted which Justice, of Minister the latter the Diaconescu, Gh. and Maurer Gh. I. Voitinovici, Al. Alexa, A. Bunaciu, A. by 1956, July legalon 5 in results being its this of one course, the hadanaswell, proposal Romania echo foravoid thenegative regime. consequences any to attempt the and itself concept reeducation the of trivialization the shows - Securitate the 1949. in started experiment Polirom, 2011), 26. ANCSAS, Fond Otto Kirchheimer, Rusan, Romulus Muresan, Alin II.4. The Abolitionist Attempt Attempt Abolitionist The II.4. 84 Blatantly putting the blame on blame the putting Blatantly iet. rnc ni iuiei ssae[iet. h Crnce fa sitd Suicide] Assisted an of Chronicle The [Pitesti. Asistate Sinucideri unei Cronica Pitesti. Documentar [Documentary], Cronologia si Geografia Represiunii Comuniste in Romania [The Chronology and GeographyChronologyand Romania [The Geografia Comunistein RepresiuniiCronologiasi Political Justice… 83 Briefly it can be described as the re-education process of mainly of process re-education the as described be can it Briefly

, 289. (Bucuresti: Fundatia Academia Civica, 2007), 318. file13209, no. vol. 3, 136-139. enemies 31 - US and agents who infiltrated who agents Guard Iron and US - legality detrimental to the the to detrimental 86 Surprisingly, the first the Surprisingly, Partiinost’ 85 (Iasi: (the (the Of CEU eTD Collection 90 89 88 87 at least important restrictionthe at crimes. most the deathpenaltythe of to or abolition the proposed they Code, new Penal a adoption of until the important, Very murder. aggravated also but crimes wartime them, of 8 except crimes, the of most for imprisonment lifetime by replaced be to punishment capital proposed jurists five The report. the to according peacetime, during crimes the of most for abolished was penalty death the USSR the In Code. Penal new the of project the part Romanian the with discussed they when injurists1945 Soviet Code. Penal new the from crimes capital as espionage and treason of exclusion the and penalty death the of abolition temporary the rejected exactly report this of period short a called Kirchheimer legality of restoration what in happened This measure. abolitionist the jurists, leading the of voice the through temporarily, least at ask to them determined elite new ofthe large part a purges of future fear the of is that interpretation My in 1954. trial a show and imprisonmenta long Lucretiubetweenand humiliating after Justice and Patrascanu, 1948, 1944 of Minister former the of execution the determined also purges The Luca. Vasile and Pauker Ana like leaders party top arena political the from eliminated and years previous the in party the dominated that purges heads the of of the He was one headSecuritate. of the and ofInterior be Minister Draghici, Alexandru like canofficials top by analyzed be answer to was itsince The so, be to reasons proposal? a the all such had make it and to cautious, is them tone drive The measure. could abolitionist reasons the other of fate What the in exactly found its contradicts which crimes, 48 for altogether punishment capital provided laws several 1952 and 1949 between that stressed ANCSAS, Fond Otto Kirchheimer, ANCSAS, Fond ANCSAS, Fond Documentar [Documentary], Documentar [Documentary], Documentar [Documentary], Political Justice…, detrimental to the the detrimentalto

exceptional character exceptional 288-192. file13209, no. vol. 3, 130-131. file13209, no. vol. 3, 136-139. file13209, no. vol. 3, 136-139. revolutionary legality. revolutionary 32 . 87 The problem was also underlined by underlined also was problem The 89 Minister Draghici’s answer to answer Draghici’s Minister 88

90 The problem was was problem The CEU eTD Collection Afterwards Afterwards 94 93 92 91 rmnl dcbe n te uihet mas f edcto ad oil reinsertion.” social and reeducation of means a punishment the and educable criminal the consider which principles, Marxist-Leninist the with contradiction in is it because measure the of delimitation precise a for of case the instancein for death, by punished crimes were advocates and the of definition vague the magistrates of becausefirstly concern, their expressedmajority vast the the penalty, death and the field concerning the 44, into article sent Regarding was 1957. in Code only Penal critiques draft their A express to required 43.” article in punishments list discretely of the of top the at shouldbe It “temporarymeasure”. bea as code in the inserted to has exists…it punishment this “since why, understand not does Hilsenrad sense.” the of scope the with the confused no makesreeducation death, is ofpunishment the iswhere crimes the For (reeducation). punishment punishment definition of vague notion “The the general: in criticized punishments Sfantu-Gheorghe from Reneti Adolf advocate judicial perspective, and ideological itself.From an punishment the critique of a addressed they verysoon. Code. Penal new the of adoption the until postponed AMJ,unprocessed file fond, AMJ,unprocessed file fond, AMJ,unprocessed file fond, AMJ,unprocessed file fond, 92 II.5. Decree no. 318/1958, the Harshening of the Penal Code and Penal the the Harshening of 318/1958, Decree no. II.5.

Advocate Ioan Dumitrescu from Giurgiu is even more explicit: “We are against this against are “We explicit: more even is Giurgiu from Dumitrescu Ioan Advocate 94 “The multiplicity of the capital crimes demonstrates that the punishment is not is punishment the that demonstrates crimes capital the of multiplicity “The Observations Proposalsand for thePenal Code, Vol.II, 1957. Observations Proposalsand for thePenal Code, Vol.II, 1957. Observations Proposalsand for thePenal Code, Vol.II, 1957. Observations Proposalsand for thePenal Code, Vol.II, 1957.

serious character, eventually setting a threshold. a setting eventually character, 33 particularly serious embezzlement serious particularly Partiinost’ was about to be back in power inpower back be to about was

91 Secondly, , asking asking , 93

A. CEU eTD Collection Official Bulletin 98 97 96 95 grvtd udr y ere o 49 n 0 etme 15 ad n hs er t es one least crime. this for at executed is year person this on for and extended 1957 September was 20 on penalty 469 death no. decree the by murder of aggravated use The years. following the laws during several but it 1969, amended until adopted not was code new A possible. as soon as provisions forms.”morevarious and subtle and morein but underground, or overtly power, popular against fighting class social numerous and enough, wide not a were exists stillcountry our in that ignores definitions It neglected… was state our of the security the “defending included, were crimes the all Not code. the of draft a was probably what of Interior content weak the for of Justice of MinistryMinistry the criticized heavily the of report secret a amended, was be Code Penal to regime the the Before of achieved. aims main by the accompanied for tool were a these was Code law But Penal the justice. as the unimportant of were of act difficulties the part in substantive provisions the legal of the interpreting critiques in These difficulties procedural be enough.”formnot offence would of the follows: for penalty death the provided decree same The 1944. after crime capital a became murder aggravated of Penalthe Code.” exceptional” “Decretul nr. 469 pentru Modificarea Codului Penal” [Decree no. 469 for the Modification of the Penal Code],Penal the ofModification the for 469 [Decreeno. Penal” CoduluiModificarea pentru 469 nr. “Decretul ANAP, Fond ANCSAS, Fond AMJ,unprocessed file fond, h atoiis eie, n h matm, h aoto o te bv mentioned above the of adoption the meantime, the in decided, authorities The “ the application of the maximum of the punishment provided by law for the simple simple the for law by provided punishment the of maximum the of application the particularly serious embezzlement. embezzlement. serious particularly , FişeMatricole Penale ,30 September1957, 229. advocate Dan Victor argued, “and if it is indeed temporary, it should not be a part part be a itnot should indeedis ifargued,it temporary, “and Danadvocate Victor Documentar [Documentary], 95

Observations Proposalsand for thePenal Code, Vol.II, 1957.

96 [Penal RegistrationForms]

97

It is very important to mention that this was the first time time first the was this that mention to important very is It file10172/19, no. 389-390. 98

34 It explains the the explains It . particularly serious particularly

character as character CEU eTD Collection 101 100 Modificationof Penal the Codeand of Criminalthe Procedure Code], 99 The Gheorghiu-Dej. Gheorghe leader Stalinist-type unreformed the by threat a as perceived the Hungary to in added uprising policies, his of condemnation and Stalin of death the following andtightening events suchof What penal could a The the attitude determine policy? this USSR the in to determined crimes other any for undermine unity.” state applied be will punishment same “The paragraph: very Article a be contentof summarized the decreethrough the comprehensive confiscated. 184 had to executed the of possessions all the and death, bypunished also was crimes these most of commit to attempt the important, Very previously crimes. capital as were not but Code, crimes Penal the in stipulated these of Most repeatedly. committed were or threat social severe a represented actions the if level this below or lei, 100.000 over of prejudice a with cases the to restrained was cases embezzlement for death application The 202/1953. by no. decree punished to according already economy, national undermining of cases the describes widely 209 Article -. too crime capital a terror of act an commit to attempt the makes 1959 January 3 1 on no. Decree - terror. of acts to refers opponents political inreprieving used most the of one Article207, state. the of security internal against crimes including those were crimes capital of set important Another cases of espionage. to whileetc.,refers article 194 an state, allied against act any defense, of capacity the regarding secrets state passing like forms, several in treason describe 184-192 articles The capital. became newly which crimes political many includes The July. 17 also on but 318 no. 1949-1958, decree period by amended the heavily in was decreesCode Penal other the later, several year of A provisions the summarizes decree “Decretul nr. 318 pentru Modificarea Codului Penal si a Codului de Procedura Penala” [Decree no. 318 for the for 318 [Decreeno. Penala” Procedura deCodului a si Penal CoduluiModificarea pentru 318 nr. “Decretul The eventsThe similar had a effect thein GDR. Forthis, see Evans, ANCSAS, Fond Documentar[Documentary], 100 99 n 96 n te ihrwl f h Sve top i 1958 in troops Soviet the of withdrawal the and 1956 in

file10172/19, no. 390. 35 Rituals of Retribution… OfficialBulletin ,21 July 1958,202. , 845, 867. 101 were CEU eTD Collection Political-Administrative Section] 103 102 proceedings legal the how about petition his in talks arrested, first the Uriciuc, Roman forced inserted files, declarations into the how under weretaken fake evolved evidence was and 1940's. late the in happened activities these all persecutions; the fearing country the flee to plans had also them of Some need. in those for funds raising in consisting legionnaires, other helping of developed, they mechanismthat the for arrested actually were they and false, were accusations Legionary to the According reorganize movement. to trying organization, terrorist a up set and armament gathered have to alleged were they this, For order. social the against insurrection armed an planning petitions clemency their from results it but kept, not was report official An expected. be might as period war the to related crimes other any or crimes war of consist laborcamps.not The didin accusations Romanianprisons or trials sentences and served these to prior imprisoned been had them of most and Guard Iron former the of members were them All of 1959. in Bucharest of MilitaryTribunal the of83 no. and 62 no. sentence by death to sentenced and arrested were Tenpeople weretried. complots imaginary and were re-arrested After them Romania. ofin someregime 1958-1959 communist In the of spot. constant the a on was again fascism were against legionaries fight war, The the following trials the murder onlyyearscases.for executionsforthe 5 8 the next reached (1961-1965) all since crime, this regarding regime the of policy incoherent the reveals 1960 in crime same the for executions 8 other by followed murderers, 16 of execution The terror. of acts for 24 while only, embezzlement for death to put were people 28 1959. in 55 and 1958 in executions 32 height: its reached penalty death the of use the 1959 and 1958 In expected. as were results NAR, Fond ANAP, Fond Comitetul CentralalPCR -SecţiaAdministrativ-Politica [The CentralCommittee of theRCP The- FişeMatricole Penale [PenalRegistration Forms],

rsoo Dancu, Cristofor , file no. 17/1959, 1-42.

mme o te lry and clergy the of member a 36 author’s computing. 103 that they were accused of of accused were they that

one of the ten, the the ten, the of one 102

CEU eTD Collection Political-Administrative Section], Political-Administrative Section] Political-Administrative Section] Ioane!] 108 107 106 105 104 the Iron Guard and, although accused of armed insurrection, the real reason for his death death his for poems. his reasonsentence was real the insurrection, armed of accused although and, Guard Iron the fewdeath?).”beforebeingbeto sentenced condemneda times to wanted you Maybe what? So (Dej: before condemned been never have I then?); guilty, are you If guilty…(Dej: “Although Atanasiu: Constantin of petition clemency the on annotations targeted by regime. the for absentia in “Curentul” of directors the Manoilescu, Grigore the in accused 13 the among was he a a political or terroristadventurer.” not and ill, and old poet, naïve and poor a clemency, asks poet A sentence. my to commute heart my all from you ask I and life mentions mywho Gyr, all Radu poet poet the was naïve group mentioned a above the was of member “I Another petition: clemency his in released. were detainees political the of most when 1962-1964, in released were They executed. was staged.” be will break prison a and fence, the on hanged shot, be the for movement will I this Legionary declare don't ifI that told was “I the upheaval. of case in institutions state of occupation of reorganizing the planned they that declare to asked and tortured was He house. his in found ammunition some from started all It torture. severe The most famous poem of Radu Gyr, Gyr, Radu of poem famous most The NAR, Fond NAR, Fond NAR, Fond NAR, Fond ,was considered an instigation tofascism. 105 But the attitude of the top authorities is synthesized by Gheorghiu-Dej’s Gheorghiu-Dej’s by synthesized is authorities top the of attitude the But Comitetul CentralalPCR -SecţiaAdministrativ-Politica [The CentralCommittee of theRCP The- Comitetul CentralalPCR -SecţiaAdministrativ-Politica [The CentralCommittee of theRCP The- ConsiliuldeDecrete, Stat. [StateCouncil. Decrees] Comitetul CentralalPCR -SecţiaAdministrativ-Politica [The CentralCommittee of theRCP The- otiuin o h saes disaster state’s the to contribution 108 He was imprisoned for his poetry two times before. On 2 June 1945 June 1945 On times 2 before. two his poetry forimprisoned He was , file no. 17/1959, 1. , file no. 17/1959, 37. file no. 17/1959, 42.

107 iiat Gerh, iiat Iae Rie p hoge Rie Up Raise Gheorghe, up [Raise Ioane! Ridica-te Gheorghe, Ridica-te But the naïve poet was one of the most prominent poets of most prominent was the naïve one of the poet But ra of trial 37

journalists

and “Buna Vestire”, were sentenced to death to sentenced were Vestire”, “Buna and , showing that the intellectuals were also also were intellectuals the that showing , , file no. 411/1964. . Two of them, Pamfil Seicaru and and Seicaru Pamfil them, of Two . 106

104 Apparently none of the 10 10 the of none Apparently CEU eTD Collection al., France-Romania-Germany-UK,2004,70 min. Haralambie Obedeanu,SasaMusat, IgorSevianu andMonica Sevianu. 113 112 111 110 109 treason on 31 OctoberFebruary1959,and on 31 treason on 2 executed 1960. order. state against plotting but robbery, simple a not was accusation The it. spend not could they where country a in money of amount enormous an stealing vehicle, bank a robbed allegedly nomenklatura, the of members and all Sevianu, Monica and Igor Ioanid, Musat, Sasa Paul Obedeanu, and Haralambie Alexandru woman, a and men Five 1959. infilm documentary a by illustrated position case, another Yet unusual more even agents. Securitate and by West in abducted was group, the of leader released the Beldeanu, Oliviu when Western Guard, Iron former their inrevenge Romanian the intelligence government, andtook agents authorities Swiss 1957, the of members émigré the by event staged Switzerland. a in it attackers Considering the of imprisonment the with days, few a within ended situation hostage The activities. espionage its unmask to also and regime, communist Romanian the of abuses the to attention attract to intention declared the with Switzerland Berne, in embassy Romanian the seized group armed an when 1959 in case1955, particular one as in borders, Romanianbeyond went place regime the of wrath Thetook events actual The illustrates. while 1959, July 18 on inArsenescu only andColonelwas 1960 captured in executed 1962. Gheorghe executed were Arnautoiu Petre and Toma brothers terror, of partisan the acts of leaders the for of accused punishment Being possible example. only for the mountains, Fagaras was from sentence ones death the The with happened as fighters, NP Fond ANAP, ANAP, Fond Stejarel Olaru, ANAP, Fond MareleComunist Jaf [Great Communist Bank Robbery] FişeMatricole Penale [PenalRegistration Forms], FişeMatricole Penale ie arcl Penale Matricole Fişe Cei Cinci Care au Speriat Estul [The FiveWho Frightened the East] 113 110 n i documentary, his In After being brought to Romania, Beldeanu was sentenced to death fordeath to sentenced was Beldeanu Romania, to brought being After

[PenalRegistration Forms], [ ea Rgsrto Forms Registration Penal 38

h drco A Slmn dacs several advances Solomon A. director the ,directed bySolomon,Alexandru produced byBBC et. form ofGheorgheArsenescu. form ofGheorgheBeldeanu. , om o Aeadu ond Pu Ioanid, Paul Ioanid, Alexandru of forms ], 112 in 2004, put the authorities in an in authorities the put 2004, in 111

Polirom,(Iasi: 2003). 109

CEU eTD Collection ofSentences],Capital Official Bulletin 1989, in Archives” 117 116 115 114 loo wr alwd bt n 98 hs poiin ae l dne. ny eti legal certain Only denied. all are provisions these 1958 in but allowed, were alcohol of glass a and will a writing of possibility the relatives, and priest a seeing regulation, 1942 the In rejected. was appeal the after hours 48 not and 24 within formulated be to had petition law.” of rule its against or Romania, of Republic People’s the in order state and social against directed crimes gravest the for measure exceptional an “as -, article separate a in the June, but on 17 212 no. punishments, of Decree the of 24 article through firsttime,scale the generalfor 1960, the in Only on not - punishment a as mentioned is penalty death formedmembersitno doubtaudiencebydelicatewas propaganda only; a case. party executed. and death to sentenced were men five the which in trial real the but though, reconstruction 1958 in regulation execution the place, 1942. since took use executions in already the one the way to the compared changes Regarding few a introduced were abolished regardingby embezzlement same decreeuntil 1969. the provisions The probably context. cold-war the defined, in 1955 in clearly Geneva in reached more agreements the following are crimes war other and crimes capital among included called deeds, own their about movie propaganda a in play to asked were robbers potentially alleged the appear capture, their hypotheses After plausible. these all witnesses by corroborated When etc. years, those in operated Party the that purges anti-Semitic the of victims were they that or took, regime party the bymemberstop turn the unsatisfied group of a defying itact wasa hypotheses: that “Regulamentul Asupra Normelor de Urmat la Executarea Pedepsei cu Moartea” [Regulation for the Executionthe for [Regulation Moartea” cuExecutareaPedepsei la Urmat de NormelorAsupra “Regulamentul ANCSAS, Fond Code], Penal the ofModification the for 212 no. [DecreePenal” Codului Modificareapentru 212 nr. “Decret Alexandru Solomon,“The ExperiencesFilmmaker. ofa Reconstructing RealityDocuments from inCommunist ed. OksanaSarkisova and Péter Apor, (Budapest: Central European UniversityPress, 2008), 57-79. Reconstruction at o te ys at uoenRpeettoso Cmuimi Cnm ad uem after Museums and Cinema in Communism of Representations European East Eyes: the for Past ,17 1960, June 47. Documentar[Documentary], Official Bulletin was shown in private screenings at the time, but only for a specific specific a for only but time, the at screenings private in shown was

, , 27April 1942. Reconstruction file13209, no. vol.3, 269-281. 39 . 114 h fnl at f h mve a nt a not was movie the of part final The 117 115 h clemency The

eoie is Genocide

116

CEU eTD Collection (e.g. 310/16 June1964 and 411/24July 1964). 122 121 120 119 118 hl pro. h pnl eitain om poie nomto aot eeuin cases execution 8 about information provide forms registration penal The period. whole the during recorded murder for 12 and year same the in terror for one 1960, in embezzlement for execution one the only with decreased, until executions of years number the the 1969, in In reform penological recorded. are order state against plotting for of 8 5 executions, 17 when in1960, decreasing was and in1958-1959 executions of peak The murder for them inmurderforherforcapital 1965. sentence more tobeginsubtle, deathpenalty, this,the after wassee. asabout we shall political regarding policy new most A released. also of were meantime release the in the commuted were sentences with death ended repression direct of era the 1962-1964 decrees the In to According prisoners. be they consideredeach other, to have relative. cases. condemnation 11 mentions Justice of Ministry the from situation statistical a and 1968, and 1965 between was 1944 March from sentence death commuted; Aurelia’s Cosma 1948 May in exist: sentences more 9 after but capital ofalthoughexamples child, recorded, are women of executions casesof no the However, months. of birth the after immediately executed be not will she to death, sentenced was woman pregnant a if that established regulation new The blindfolded. be had to firing by executed the squadand out a execution wascarried casesthe both execution.In the of supervision the for present be to allowed were examiner medical a and representatives Between1962 1964several and decreeswere this somesense,containing issuedin of thousands them ofnames AMJ,Fond ANAP, Fond NAR, Fond NAR, Fond 118 SecretariatulGeneral [General Secretariat] ConsiliuldeDecrete, Stat. [StateCouncil. Decrees], MinisterulJustitiei –Gratieri, [Ministryof Pardons], Justice - Spanu Sabina from Prigoria also received a commutation to 20 yearslabor 20forced commutation to a received Spanufrom also Prigoria Sabina FişeMatricole Penale [PenalRegistration Forms], 121 Although this seems to be a credible proportion, and the data confirm data the and proportion, credible a be to seems this Although

122 issued in this respect, more than 70 detainees whose whose detainees 70 than more respect, this in issued 119

40 ,file 75,vol. no. 6, 2. file no. 35/1967, 1. author’s computing. file no.518/1948, 9.

120

CEU eTD Collection 124 123 Party. General Communist Romanian of the Secretary new the became Ceausescu Nicolae when 1965, in died Romania of ruler Stalinist the Gheorghiu-Dej, Gheorghe 1950’s; late in earlier much place took which crimes, capital economic the of increase an with or liberalization, economic of period a with either coincide not does it case Romanian the in However, provisions. legal the of accuracy the increasing a marking Code, Penal the of revision Readjustment. a by accompanied penalty, death the regarding Scobell As system. new court a of establishment the and Code Penal the amending decrees several through enacted study, the to corresponds power, of seizure by dominated Scobell, “TheDeath PenaltySocialism…”, Under 189-234. Scobell, “TheDeath PenaltySocialism…”, Under 189-234. 123

In conclusion, the initial focus on war criminals/political enemies, in an atmosphere atmosphere an in enemies, criminals/political war on focus initial the conclusion, In while a second stage, assuming assuming stage, second a while This also happened in Romania, where a new Penal Code was adopted in 1969, 1969, in adopted was Code Penal new a where Romania, in happened also This 124 noticed, the leadership change usually determined a policy change change policy a determined usually change leadership the noticed,

Routinization or codification of the repression the of codification or Routinization 41 err stage Terror delimited by Scobell in his his in Scobell by delimited was was CEU eTD Collection

by more refined measures of coercion like home imprisonment, marginalization and and firstitsfollowed in by use,legislative by authorities,relation to a the change. marginalization imprisonment, home initiated were changes important like punishment, capital Regarding dissidents. the coercionof atomization of measures refined more by what replaced were perspective, tortures or camps prison imprisonments, Foucauldianbrutal The interesting. very is followed a From 1964. and 1962 most of between release the with ended Romania in prisoners 1950’s the of repression political harsh political The the of executionthe abolitionthe Ceausescu ofcouple capital and of the punishment. including regime, the of year last the analyze will I Finally traitors. with had couple ruling the obsession continuous the and 1984 in criminality economic against campaign the of examples the through use political its illustrate will I punishment, capital concerning provisions legal the of description Followingthe penalty. death the of use the into insights accurate more offers the until 1969, period in this legality,reform penologicaltowards the state from the decades of two attitude new the addresses a bychapter This Defined 1989. in regime the of fall

III. III.1. 1969. A New Penal Code ANew Penal 1969. III.1.

Romania after theafterPenological in1969Romania Reform Communist Politicsin and Punishment Capital 42 CEU eTD Collection 21 August2011, 21 August2011, 129 128 127 126 125 o h dsrblt o aoihn ti pnsmn i al countries.” all in punishment this abolishing of desirability the to progressively view of a with imposed be might that punishment capitalwhich for is offences of number the restricting pursued be to objective main “the that stated May 20 of 1574 no. death”. by punishable crime a of accused those for safeguards legal careful provide “to 2393, no. resolution through states, member the asked UN the of Council Social and Economic the 1968 November 26 On period. this in norms and of inlegallycapital this contradicts established attitude. 1980’s the punishment use the while policy, penalty death new the of subtleness the shows legality to attention force. into came Code Penal new a when Ceausescu, Nicolae younger the of leadership the under 1969, in only happens framework legal the of change massive a see, can we As well. as case Romanian the to applies largely commentary, are officialchanges the its behind by intentions Code the and Penal provisions newlegal the the of of analysis The adoption the after explained politicized the more of deathpenalty.the character once shows which Justice, of Ministry the by not and Penitentiaries, of Direction General the and Securitate Militia, by provided were 1980. answers in these However, only penalty death the regarding questionnaire UN quinquennial comprehensive official the of adjustment the marked usually leadership of change generational The Andrewrevealed. Scobell as countries, in communist penalty death the policy regarding ANCSAS, Fond Scobell, “TheDeath PenaltySocialism…”, Under 217. OfficialBulletin Quinquennial Report of the Secretary-General of the United Nations on Capital Punishment (1975),Punishment Capital on Nations United the Secretary-Generalof the of ReportQuinquennial (1975),Punishment Capital on Nations United the Secretary-Generalof the of ReportQuinquennial The Romanian authorities paid a lot more attention to the international organizations organizations international the to attention more lot a paid authorities Romanian The http://humanrightsdoctorate.blogspot.com/2010/07/secretary-generals-quinquennial-reports.html http://humanrightsdoctorate.blogspot.com/2010/07/secretary-generals-quinquennial-reports.html , 21 June1968., Documentar[Documentary],

129 126

Its provisions were more attentively established and the the and established attentively more were provisions Its file14867/14, no. 31-57. 43 127 Two years later, in 1971, another resolution, another 1971, in later, years Two 128 Romania answered the the answered Romania Theoretical Theoretical accessed: accessed: 125 This This

CEU eTD Collection 135 134 28-29. 133 132 131 130 our society…”our manof new formation the of the man,to the the humanization of to intimatelyconnected islaw the to discussion has bemadedeviation punished; exception. no Romania to this of introduction cultural and economicbe useless.” penalty will death where the point the to closer getting we are political, development, the of “Because street: way one a as penalty death the of of. general care assure taking to was order state in the prevail that happiness to had that duties collective to rights individual from moved Roman was emphasis The content. its all denied practically to that rights human towards attitude According principle. original an by rights defined was countries human communist in interpretation official the this Wieruszewski, of emergence international the of humanism.” socialist of principle the with inisThisa revengeaccordance instrument… not societyand ofmeans the defense “a is of Penal Code. Romanian the of Explanations Nicolae Ceausescu, Lörincz andVida, “Umanismul Dreptului siLegislatiei…”, Rights”, Human of Concept Socialist the ofEvolution “The Wieruszewski, Roman Dongoroz et al., Dongoroz et al., Dongoroz et al., atclry eadn te oain esetv, w atos onc te legal the connect authors two perspective, Romanian the regarding Particularly we will still be stuck in the old Stalinist conception according to which while socialism socialism while which to according be to conceptionincreased…” have measures repressive Stalinist the and old sharper becomes struggle the class the in stronger, becomes stuck be still will we old conception…Otherwise bourgeois the withlaw, with the bourgeois anyto connection break 134

It is necessary to start from the fact that the socialist law, the socialist legislation have have legislation socialist the law, socialist the that fact thefrom start to necessary is It Explicatii Teoretice…, Explicatii Teoretice…, Explicatii Teoretice… , whileStalinism, himselfin Ceausescu words: rambling denounced New Man New 135 Drepturile OmuluiLumea…, in socialist humanism socialist

concept in an utopian manner: “The humanization process of the the of process humanization “The manner: utopian an in concept

24. 24. . 131

principle has to be understood under the circumstances circumstances the under understood be to has principle The official ideological perspective pictures the future the pictures perspective ideological official The 130

123. The volume firstly stresses that the death penalty penalty death the stressesthat firstly volume The 44 133 In this way rights become duties and any any and duties become rights way this In

151. SIM Newsletter, SIM 1 (1988):1 132

The The CEU eTD Collection http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-6&chapter=4&lang=en accessedApril 02 2012, 139 138 137 136 the applicationthe deathpenalty. of the affect deficienciesto abstract theseallow not should courts the ofinterpretation and carefuluse capital 224-3), a represented Code (art. Penal new The 223-3). consequences (art. embezzlement for reintroduced severe is punishment with property state from theft and 165-2) (art. economy national undermining 176), (art. murder aggravated 161), 160, (art. attacks terrorist crimes wartime were 156), 155, (art. Besidestreason etc.). them capitulation, battlefield, from desertion navy, the (leaving of Seven 48. enumerates jurists the when 1952, in than less five Code, Penal 1969 the in the crimes capital 30 over ofwere There report abolitionist criminal.” the reeducating of quality the lacks and errors, judicial of case in irreparable so irremissible, is it (because) punishment Explanations Theoretical in1969. it ratified and signed Romania 1968. November 26 on Humanity against Crimes and CrimesWar to Limitations Statutory of Non-Applicability the the on Convention of the context of UN the the by in adoption read be to has This treatments. inhumane and genocide exceptions: two with imprisonment, years 15-20 alongside punishment alternative an as only mentioned character.” temporary its of the from “because separately mentioned 24, and crimes form particular of aggravated the for is only provided penalty importantly, death the again is art. punishment in capital Code punishments, Penal new of the In list general Dongoroz et al., Dongoroz et al., Humanity”, against Crimes and Crimes War toNon-Applicability Limitations Statutorytheof on “Convention Dongoroz et al., 137 Stressing that capital punishment was kept for its deterrent role, the authors of the the of authors the role, deterrent its for kept was punishmentcapital that Stressing Explicatii Teoretice…, Explicatii Teoretice…, Explicatii Teoretice…, mention, however, that it “lacks some of the attributes of a good good a of attributes the of some “lacks it that however, mention,

25. 25. 24. 139 138

The experts The 45 of the official commentary concluded the the concluded commentary official the of . 136 Very CEU eTD Collection no.176/1968, 15. no.95/1968, 78. 145 144 143 142 141 140 application of capital punishment for some crimes that are not included in not project…” the are that somefor crimes capitalapplication punishment of the property, public against crimes for penalty death the of non-application (…) to refer them of most proposals, formulated 7000 over Of Pantilinet: Vasile “Tov. perspective: balanced more a presents and this, admit to fails Party Communist Romanian the of Committee Central role.” deterrent its of because crimes serious for necessaryis punishment this phase inthis because rejected been have The proposals 54). (art. property public against crimes for provided be not should or 54), (art. crime any for provided be not should penalty death the that proposed been death has “It shows: the Tribunal Supreme surrounding issues the the of President stressed and Code General Penal Prosecutor Justice, the of around Ministry debates the of the report Again, joint a as penalty, the of members when year, same the in events international This the following severe. happened probably were consequences the or death person’s a in resulted an it if hijacking added 1972 was aircraft in although crimes, capital of number decreasing the recorded 1970’s, them, of One period. this during published also changes important most the 1989, before times several amended was Code Penal The 1973. in operated being from property,state asit results response.theirwritten against crimes for role penaltyimportant again, had death the supporting an Interior Ministry of apparatus. stillinbut substantialpowers state retained the punishment, capital regarding provisions legal defined clearly more to advancement definite Vasiliu et al., ANCSAS, Fond Fond NAR, Fond NAR, This also happenedin othercountries, like the GDR.See Evans, OfficialBulletin Comitetul Central al PCR – Cancelarie [The Central Committee of the RCP – Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul CodulPenalal Republicii Socialiste Romania… . , , no. 55-56/23 April 1973. Documentar[Documentary], 144 Other annotated and commented versions of the Penal Code were Code Penal the of versions commented and annotated Other

141 fileD10172/13, no. 379.

The official transcript of a plenary session of the the of session plenary a of transcript official The 46 145 hs vlms perd hogot the throughout appeared volumes whose 143

Rituals of Retribution…,

140

857. 142 The file file CEU eTD Collection 150 149 148 147 146 the child. In this case it would be commuted to a 25 year sentence. year 25 a to commuted be would it case this In child. the of life the affect negatively would executed be to expecting mother a of state psycho-physical the that was motivation The countries. other in as years, 3 of age the reaching child the and/or not birth irrevocably be only todeath.penaltythe In these cases, put until commuted, would the event. that to prior problemsmental from suffering was he of report as a Code, Penal debates the around the during rejected was yearsold 60 persons over high. still death re-education the of possibility the of and ineffective considered application was result the deterrent The fromcommitted. exceptions few was crime a the when provided time the Code at 18 under Penal were newthey if exempt The were Minors 54). (art. penalty mentioned.not usually pardoned, was Guguila George Doru However, them. for responsible fully made be should he and discernment, criminal’s the alter not did it that usually concludes report The reason. this for pardoning suggests report official the when period the communist case throughout recorded no is there issues, mental any analysis revealed and antisocial element, parasitic hardened a “is jobless”, he that suggested only report official the Although failed. he minor, a by Helped law. the with had he problems other avoid to order in country, the flee to airplane an hijack to tried Guguila George Doru when in1984, occurred case a such Romania, In airliner. Lufthansa a hijacked organization terrorist September Black Dongoroz et al., Dongoroz et al., NAR, Fond NAR, Fond NAR, Fond 146 149 his mother’s clemency petition revealed through annexed medical documents that that documents medical annexed through revealed petition clemency mother’s his Also a pregnant woman or a woman with a child no older than three could not be not could three than older no child a with woman a or woman pregnant a Also ConsiliuldeDecrete, Stat. [StateCouncil. Decrees], ConsiliuldeDecrete, Stat. [StateCouncil. Decrees], ConsiliuldeDecrete, Stat. [StateCouncil. Decrees], Explicatii Teoretice…, Explicatii Teoretice…,

27. 26. 47 148 although the reasoning behind pardons was pardons behind reasoning the although file no. 94/1985, 1. file no. 94/1985, 37. file no. 94/1985, 13. 147 Invariably, even if the psychiatric ifthe even Invariably, 150 Asmlrpooa for proposal similar A CEU eTD Collection no.95/1968, 78. 157 156 155 154 153 152 151 the right to sentence me to death if I am not guilty.” not ifdeatham I to sentenceme to right the proposalinminimum21 wasrejected increasingand to1980. another the age improveshallascriminalityHis we was statistics, execution see. to prevailed. delayed 1986 October 31 on Church Unification the of member a am “I denied: he that murder triple a for 1982 March 7 on death to sentenced was He shows. case Parvulet’s Ion as respected, not was provision this However, detention. lifetime to commuted cases most in was sentence the which after years, two for execution the adjourn to possibility the establishing China, post-Mao in applied was tradition, shattering execution. inthe which time, weakens intimidation, the increase could penalty the of application prompt the only that commentary, official the by revealed as legislator, the of belief the but humanitarianism, on not was reliance the stipulation, this justifying In arrested. been not had he/she if decision the of delivery the yearsafter and prisoner, seven yielded himself/herself or been as arrested he/shehad yearsafter two for postponed was execution whose convict the for respectively case the was This trial. on convict the for decision the of delivery the after years two within executed been not had sentence the if –, prescription the one should dealing not of newparticular articleCode, elementemphasize As 55, the Penal a and – sentence prison year 25 a to commutation the with reveals, Tribunal Supreme the of President and General Prosecutor Justice, of Ministry the ANAP, Fond NAR, Fond Modern religious movementemerging fromSouth-Korea. Scobell, “TheDeath PenaltyPost-Mao in China”, 503-520. Vintila Dongorozet al., ANCSAS, Fond Fond NAR, 155 (…), but I never killed anyone and never threatened someone’s life and no one has one no and life someone’s threatened never and anyone killed never I but (…), ConsiliuldeDecrete, Stat. [StateCouncil. Decrees] Comitetul Central al PCR – Cancelarie [The Central Committee of the RCP – Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul FişeMatricole Penale Documentar[Documentary], 157 Explicatii Teoretice…, eas te eies neet n h cmag aant economic against campaign the in interest regime’s the because

[ Penal RegistrationForms 28-29. fileD8850/16, no. 123. 48 153 A similar stipulation, although relying upon althoughstipulation, relying Asimilar 156 He was executed after more than 4 years morethan after 4 wasexecuted He ], form of form ], Parvulet. Ion , file no. 193/1986, 51. 152

file 154 151

CEU eTD Collection no.170/1968, 10-11. 164 163 162 under Communist Rule 161 160 159 158 1970 and 3 in 1969. in 3 and 1970 Twelve in executions Romania. 7 only to communist compared murder, aggravated of for all history 1971, in place the took executions in period neo-Stalinist a of beginning the when in1971, events the of echo anwas executions of number in the variationfirst The called later the announced through Ceausescu Code Penal 1969 the in Tribunals Military by tried be to still were cases political the squad and firing bywas deathmethod The pronounced. sentence was final the petition after imprisoned was She group. resistance Arnautoiu the of member a as terror, of acts for 1959 in even and Securitate the by cases. some surveyed in imprisoned were 1950’s the in condemned the of relatives the official regime.the of discourse the following closely abolitionist, is penalty death the of future the that suggested final conclusions The Romania. communist in it towards practice actual the to reference no with world Punishment and thin was cases political and civil between interpretable. line the that showed practice further general the in included penalty, death the of execution the for regulation new The punishments of execution the for ANCSAS, Fond Poenaru, ANAP, Fond Deletant, Dennis Seeconformity. ideological for mainly asking projected, was revolution cultural A I refer here tomost of treasonthe cases during the 1980’s. Fond NAR, OfficialBulletin The politicization of the death penalty went so far during the latefar 1970’s andduringso 1980’s the that Thepenalty went politicizationof death the Contributii la StudiulPedepsei Capitale, takes a comprehensive survey of the evolution of the death penalty around the the around penalty death the of evolution the of survey comprehensive a takes 160 Comitetul Central al PCR – Cancelarie [The Central Committee of the RCP – Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul FişeMatricole Penale

, , no. 132/18November 1969, 1084. Documentar[Documentary], (Bucuresti: TheCivic Academy Foundation, 1998), 120. 162 In 1974, Iulian Poenaru’s book book Poenaru’s Iulian 1974, In 164 Iuliana Predut was the daughter of Ion Constantinescu, executed executed Constantinescu, Ion of daughter the was Predut Iuliana

163 [ in 1969, in Penal RegistrationForms

fileD13349/136. no. 158 provided 5 working days to address the clemency clemency the address to days working 5 provided 205-210. July 49

], author’s], computing. Contributions to the Study of Capital of Study the to Contributions a return to real-socialism; to return a 159 161 although this was this Romania Law Law file CEU eTD Collection no.64/1981, 3-5. 169 168 167 166 165 exploitation of the amnesties had to be maximized, as one can see from a meeting of the the of meeting a from 1981:19 August BureauofPermanent Politicon the Committee Executive see can one as propagandistic maximized, be the to had but amnesties the difficult, of by exploitation was marked prisons was regime’s in regime the situation prove the the to of Actually attempt policy an humanitarianism. criminal in the 1988, provisions, 1984, 1981, legal 1972, the in Besides amnesties considerable livedmotherand in andher Israel,and withthem. U.S. shecorresponded sister the abroad because in1983 surveyed stillwas in1959, robberybank the of authors the of one Ioanid, Paul headaches”. have I and me scares sound every fear, in live “I informant: Securitate still but free,closeIuliana under surveillance. was interests. state against plotting for prison in years 12 to 1975 in again condemned and 1964 in released date, unknown an at NAR, Fond NAR, ANCSAS, Fond ANCSAS, Fond ANCSAS, Fond ANCSAS, Fond III.2. The Campaign against (Economic) Criminality Criminality against (Economic) Campaign The III.2.

Com. Nicolae Ceausescu: Alright darling, no propaganda now. We have to analyze this this Com.Ceausescu: Elena darling,itisa simple No amnesty. analyze to have We Com.Curticeanu: Silviumeans This substantive a modification the of PenalCode. now. propaganda no darling, situation. Alright Ceausescu: Nicolae Com. to want and crimes their regret reallychange… prisoners many this, Besides Postelnicu: Tudor Com. of lack of because release a not “housing amnesty, space”. an is this but Alright, Radulescu: Gheorghe Com. General com. report, thatSecretary,the to wehave reasonone more isthat prisoners third now thethan want in past. I said, Curticeau com. what Regarding Postelnicu: Tudor Com. talking are We (…) August. 23 5000-6000about people. of occasion the on amnesty collective a through it do should we think I and prisons, releasefrom their now, for is, problemthe So Ceausescu: Nicolae Com.

Comitetul Central al PCR – Cancelarie [The Central Committee of the RCP – Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul Documentar[Documentary], Documentar[Documentary], Documentar[Documentary], Documentar[Documentary],

165 e mte, utn Cntniec, elrd n 98 o a to 1978 in declared Constantinescu, Justina mother, Her fileD13349/136, no. 64. fileD13349/136, no. 42. fileD13349/136, no. 44. fileD13349/136, no. 47. 50 167 Similarly, Gabriela Ioanid, the daughter of daughter the Similarly,Gabriela Ioanid, 169

166 In 1980 In 168

file CEU eTD Collection 1984, 120 min. Records of RFE/RLInstitute Research [fonds],Romanian Unit [subfonds], SubjectFiles [series],container 14. no. Law], the of Enforcement [series], container no. 14. 173 ResearchInstitute [fonds],Romanian Unit [subfonds],Subject Files[series], container no.14. 172 171 170 w ohr cnend o dslsn sae cnmc ert i 1976. in secrets economic state disclosing for condemned others two of case the in or commuted, was penalty death defendant’s the when 1974 in case espionage economic an example for public, made not were them of beingofcases crimeswere important economic accused Some After1969, ordinary of citizens courts. the of front in brought for interview an in Negrescu, Irina Bucurestiului Tribunal, Bucharest the of president the by summarized were criminality economic regarding regime the of aims the year, same large with transactions of result the as embezzlement for executed and death to sentenced was film, propaganda a inused also case, publicized highly decrees.” amnesty and pardoning countless granting year every humanity his proves Mr. Ceausescu Nicolae penalties, harsher apply to general in and death embezzlers, the apply counterrevolutionary to to hesitate penalty to not asked are they while that colleagues former my remind to want “I commentator: Europe Free Radio Georgescu, E. by criticized been has as policies, Firm and Knowledge [Throughout Legii a Ferma Aplicarea si Temeinica “Cunoasterea Voiculescu, Val Files Subject [subfonds], Unit Romanian [fonds], Institute Research RFE/RL of Records HU-OSA-300-60-1, Secretul lui Bachus [Bachus’ Secret], [Bachus’ Bachus lui Secretul kills… state When

The amnesties expressed a severe inconsistency of the regime with its own penal penal own its with regime the of inconsistency severe a expressed amnesties The source of wealth for the whole people – takes very different forms, being the agency that that agency the being Eachjustice timeintervenedwith force. all forms, different very property. public on takesunscrupulously feast that elements hardened – some of activity people the facilitates whole the for wealth only the of – source and property public should, for it indifference as This misinterpreted. action is not legislation does financial where control financial preventive where unities the in produced 170 A similar amnesty decree, no. 290 was issued on 9 August 1984. In January the the January In 1984. August 9 on issued was 290 no. decree, amnesty similar A : : Regarding the crimes directed against state property, very important prejudices are are prejudices important very property, state against directed crimes the Regarding , (Amnesty International: London, 1989), 195, in HU-OSA-300-60-1, Records of RFE/RL of Records HU-OSA-300-60-1, in 195, 1989), London, International: (Amnesty , nomta Bucurestiului Informatia

directed by Geo Saizescu, produced by Casa de Filme Unu, Romania,Unu, Filme de Casa by produced Saizescu, Geo by directed Jnay , 94 12 rcr ie) n HU-OSA-300-60-1, in item) (record 1-2 1984, 5, January , 51 171

173 ended in 1981. Gheorghe Stefanescu Gheorghe 1981. in ended 172 oee, h first the However, Informatia Informatia CEU eTD Collection CouncilDecrees] – CouncilDecrees] – (London:Frances Printer Publishers, 1985). Gabanyi Decrees] – Council [series], container no. 14. 179 178 177 176 175 1984, 120 min. 174 In 1983, murder and robbery cases resulting in death sentences started to be heavily heavily be to started sentences death in resulting cases robbery and murder 1983, In by publicized Libera before. Romania them mention to allowed not was it as abound, involving cases the and to again,message deterrent the disseminate began to used was press property The public from theft morein year1985. 5 and same during the by President the commuted from were property public theft for sentences other context economic severe same the in robbery and murder for were them many 11, of 6 to from year, a within doubling almost executions numberof inthe This resulted pay debts. Ceausescu’s external by decisionto ofeconomic determined the grounds the crisis on by authorities the in 1984 launched economic criminality against fierce campaign of the part products. basic of scarcity plants, severe the examples, other processing alongside shows, which from meat stealing for death to sentenced were people several 1984, In showinglike “decadence that, the ofsome elements”, largelypublicized was it Nevertheless, classification. a this avoiding authorities the one, aspolitical treated never was case the Legally, trial. year 3 a after 1981, in sentence death a issue in members party local to decided several Tribunal Supreme the death, involvedto sentenced initially not case was he Although Bucharest. the winery; state a in wine of quantities NAR, Fond NAR, Fond Shafir, Michael NAR, Fond Files Subject [subfonds], Unit Romanian [fonds], Institute Research RFE/RL of Records HU-OSA-300-60-1, Secretul lui Bachus [Bachus’ Secret] [Bachus’ Bachus lui Secretul ], file no. 313, 70. Comitetul Central al PCR – Consilul de Stat - Decrete [The Central Committee of the RCP – State CommitteeCentral- DecreteRCP – Statthe [The ofde – Consilul CentralPCR Comitetul al State CommitteeCentral- DecreteRCP – Statthe [The ofde – Consilul CentralPCR Comitetul al State CommitteeCentral- DecreteRCP – Statthe [The ofde – Consilul CentralPCR Comitetul al Romania Libera, Libera, Romania ,files 237/1984,no. 124/1984, 94/1985. ,files 124/1984no. and 237/1984. , file no. 124/1984 and 23/1984; NAR, Colectia NAR, 23/1984; and 124/1984 no. file , eotd n 1 eebr 93 “ cie omte aant national against committed crime “A 1983: December 21 on reported oai: oiis Eoois n Scey Pltcl tgain n Smltd Change, Simulated and Stagnation Political Society. and Economics Politics, Romania: 179

a central newspaper central a , directed by Geo Saizescu, produced by Casa de Filme Unu, Romania,Unu, Filme de Casa by produced Saizescu, Geo by directed ,

52

which presented at least five such cases. such five least at presented which 174 as the mentionedfilm asthe us. tells Anneli Ute Gabanyi Ute Anneli 178 [Collection N ls ta 14 than less No . 176 The cases are cases The Anneli Ute Anneli 177 175

CEU eTD Collection CouncilDecrees] – RFE/RL InstituteResearch [fonds],Romanian [subfonds], Unit Subject Files [series], container no.14. Property]”, Public from 183 ResearchInstitute [fonds],Romanian Unit [subfonds],Subject Files[series], container no.14. 182 181 180 property. from state theft for were them of most and higher is number the executed, not were that sentences capital Regarding the 1944-1969. the period to differences compared biggest ofis the cases, one which murder aggravated were cases the all 1973, in economy national of undermining on case a and lack Amnestyreport wonderfailed that information. themto to International of due no executions; of number the in increase massive a reporting avoid to preferred authorities the that shows This -. Parvulet Ion of case mentioned above the including – 1985 and 1984 the although 1970, in political, murder. as was accusation classified one only with executions, 99 more be reveal can executions forms of number the regarding make to able am registration I penal the Overall, estimation one. previous The the than 1969-1989 period the regarding accurate place, took executions 15 1986, In year. one only lasted 1984 in started which campaign the although 1989, in regime the of fall the until unchanged remained things Romania in but USSR the in when de-criminalized was members later, regime Ceausescu the family involving enterprise by private small-scale 1986, In abuses. Stalinist-type launched the condemning critiques severe of object the became whole the of interests the affects that people.” act counterrevolutionary a itself by is economy ANAP, Fond NAR, Fond Steal who Those Against Measures [Severe Obstesc Avutul din Fura Care Celor Impotriva Severe “Masuri When state kills… state When 180 rncly cnieig cnmc rms cutreouinr atvt i 1958 in activity counterrevolutionary a crimes economic considering Ironically, Comitetul Central al PCR – Consilul de Stat - Decrete [The Central Committee of the RCP – State CommitteeCentral- DecreteRCP – Statthe [The ofde – Consilul CentralPCR Comitetul al FişeMatricole Penale ,file no. 101/1986and 193/1986. , (Amnesty International: London, 1989), 195, in HU-OSA-300-60-1, Records of RFE/RL of Records HU-OSA-300-60-1, in 195, 1989), London, International: (Amnesty , oai Libera Romania 183 Except for the embezzlement case of Gheorghe Stefanescu in 1981 in Stefanescu Gheorghe of case embezzlement the for Except

[ Penal RegistrationForms 2 Dcme 18 (eod tm i H-S-0-01 Rcrs of Records HU-OSA-300-60-1, in item) (record 1983 December 21 , 181 but all of them were postponed murder cases from cases murder postponed were them of all but

53 ], author’s], computing. 182

CEU eTD Collection no.15/1989, 1-3. Gateway,c1987). 186 international185 the in perceived better be tocontext, GDR the leaderabolished wantingdeath the penaltyimportant 1987, beforevisitan tothe . in Later, threat. imperialist the like with argumentsbloc, the classicsocialist whole ofthe for rise use eventual its The defending representatives light. GDR the bad in a result should in UN the them at put question have would which GDR, the in penalty death the of problem 184 His clemency petition was desperate and justifiably so, as we willassee:justifiablyHis we and soon wasdesperate so, clemency petition the of context the in Romania 1980’s the in events the place to important very is It inin penalty1987. GDR the death the abolitionof the and reformsin USSR the beganactivitiesforinin Washington. the Romanian heworking when 1974, embassy hisespionage started he that showed sentenceThe agent. secret American an beingand secrets, by state disclosing oftreason accused heAffairs, was Foreign of Ministry the America at North with relations diplomatic for division the of Chief 1989. July 21 on Romania, in executed) not (although death to sentenced person last the was Raceanu towards attitude Mircea This 1989. year, final their anddefected totheUS sentence receiveddeath a Ceausescu, of advisor personal and service, intelligence foreign the of chief the Pacepa, Mihai Ion 1978 July In period. the throughout cases, treason towards couple ruling the of position the with and criminality economic against campaign the with contrast starkly amnesties the NAR, Fond NAR, Pacepa, Mihai Ion Evans,

III.3. The The Traitors III.3. the given trust and, more importantly, instead of finding the necessary force to prove the the prove to force interestsofAmerican thesecret Romania. services socialist necessaryagainst the finding of instead myself driven toservingcouragedignity the the for I let be Romanian characteristic people, and importantly, more and, trust given the u h i sil ne ivsiain I eie ta tmro te rcrc ad u Security our and Procuracy the tomorrow that decided I organswill givepress release, a sothe will be facts known. publicly investigation. under still is he time, but long a for arrested been has He it… admitted he that after and act, the in caught was He Raceanu.guy, this about is It (…). say to so shamelessperson, a about is It Nicolae Ceausescu: iul o Retribution…, of Rituals Comitetul Central al PCR – Cancelarie [The Central Committee of the RCP – Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul Through my actions, I violated and disregarded the laws of the country, I dishonored I country, the of laws the disregarded and violated I actions, my Through e Hrzn: hoils f Cmuit p Chief Spy Communist a of Chronicles Horizons: Red

traitors 6. codn t Eas i 18 te et emn wne t rie the raise to wanted Germans West the 1981 in Evans, to According 860. , especially of Nicolae and Elena Ceausescu, lasted until until lasted Ceausescu, Elena and Nicolae of especially , 54 in absentia. in 185

(ahntn DC: Regenery D.C.: (Washington, , 186

184 However, allHowever,

file CEU eTD Collection no.15/1989, 4. CouncilDecrees], – CouncilDecrees], – 190 UniversityofPress, California 2003), 263. 189 188 187 in statement own his to according letter, the of content the deny publicly to him convince to Ceausescu of main counter-candidate the six,was one of the another Apostol, Gheorghe hoped investigators his and house arrest placedunder was He Gheorghiu-Dej. of death the after 1989. March on 11 and RFE BBCthe by Party, released membersthe of bytop signed 6 the of one Raceanu, Gheorghe of son the was Raceanu story. this to more is there But of signatories was report their and by1989. approved 19 Septemberon Ceausescu sentence, the of commutation the the recommended of Tribunal President the Supreme and Prosecutor General Interior, of Minister Justice, of Minister The MarchMircearule on case,on131989: Raceanu’s they when Committee Executive Political the of meeting same the during discussed is event NAR, Fond NAR, Tismaneanu, Vladimir NAR, Fond NAR, Fond I don’t think a man can decay more than that (…) Now, at the hour of truth, truth being truth truth, ofthe hour at Now, (…) that morethandecay man can thinka don’t I punishment,theof shame having committed the crime. severe most the inside bear decision.I your hopeand trust my withall obey I defense,only my Com.Ceausescu: Elena matterwho Notreason is; thetraitor istreason. to identical is because treason istreason. action Their this, about provides them. law the what to provides, Constitution the what talking see to have in We (…). treason point no is There Ceausescu: Nicolae Com. some took already Party Com.Ceausescu: Elena istreason. It the whom towards political say, déclassé,measures. to politically so clients, and old morally some to vagabonds, refers problem second A Ceausescu: Nicolae Com. Comitetul Central al PCR – Consilul de Stat - Decrete [The Central Committee of the RCP – State CommitteeCentral- DecreteRCP – Statthe [The ofde – Consilul CentralPCR Comitetul al State CommitteeCentral- DecreteRCP – Statthe [The ofde – Consilul CentralPCR Comitetul al Comitetul Central al PCR – Cancelarie [The Central Committee of the RCP – Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul The Letter of the Six, the of Letter The file no. 121/1989. file no. 121/1989, 4-5. tlns fr l Saos A oiia Hsoy f oain Communism Romanian of History Political A Seasons: All for Stalinism

a document that severely criticized the Ceausescu regime, regime, Ceausescu the criticized severely that document a 55 188

187

190

(Berkeley: 189 The file CEU eTD Collection no.4/1988, 6. no. 56/1989, 12-19. 193 192 191 An amnesty decree, no. 11 on 26 January 1988, was meant to mark Ceausescu’s 70 Ceausescu’s mark to meant was 1988, January 26 on 11 no. decree, amnesty An decidingit,those have problempunishment. it consideringright not a the did applying that Party the of Committee Central within discussions the of content the from results clearly it 1980’s, the during cases treason in used not was punishment capital Although Ceausescu. of betrayal a actually December inare casesRevolution the untiltreason sentenced allbeing without seen, continued haveinterrogations Hiswe As apart. fell regime the when 1989, RCP: Political Executive the Committee: in level high a at discussed again were provisions Its anniversary. 2006. NAR, Fond NAR, Fond NAR, Nicolae Balint, “Principiul Dominoului” [DomninoPrinciple], 191 Com. Nicolae Ceausescu: Of course, there is no hurry. But we have to take a clear position, clear a take to have we draw conclusionsmeasuresand severe have be to taken. But hurry. no is there course, Of Ceausescu: Nicolae Com. Com.Ceausescu: Elena towhohas One be made betrays (…) responsible hisacts. for case. this in the auto-critique an in of point noTreasonable front consequencesown- one’s treason- cannot country be solved is auto-critique. through in There (…) clemency. said for he asks and yesterday this regrets he anymore, it that declares he do course, Of (…) punishment. not capital deserves he willthat realizes he that hecomrades promises he after now, And the materials, likeThisisthe traitor. any main point. joined He (…) clemency. for askingof sort their all request, drafted, at he isadmitted that andespionage. The fact imperialistSoviet and activities espionage his admitting Party the of Committee Central the to letter a sent recently has Apostol GheorgheCeausescu:Nicolae Com. o. ioae euec: pooe o omt te et snecs o 0 years 20 to sentences death the commute to propose I imprisonment. Ceausescu: Nicolase Com. Com.is Dumitru Apostol: true. That wemorehavealso death true? two that sentences. Is that seems it And (…) punishments. some of reduction the also And Ceausescu: Nicolae Com. Com. GheorgheRadulescu:good. Very Com. Nicolae Ceausescu:considerthe I ofcrimes. amnesty all On 18 August 1989 the case was discussed in the Political Executive Committee of the ofCommittee the in Political Executive the casethe wasdiscussed 1989 18 August On Comitetul Central al PCR – Cancelarie [The Central Committee of the RCP – Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul 193

56 Ziarulde Mures, 192

13 March2006. file file th

CEU eTD Collection CouncilDecrees], – no.4/1988, 6. 197 196 195 194 for appeal to right (the safeguards procedural other Ignoring penalty. death the apply to not judge the asked advocate their Still, economy. national the undermining and money, of amount large leave a with country to the property,attempt the state destroying of diversionacts through power, state undermining victims), 60.000 than (more genocide of others among accused were a summary After they CouncilSalvation. of Front the trial, National by newlyof the constituted up set was Defense) of Minister deputy the Stanculescu, Atanasie Victor by (chaired Tribunal Military Exceptional An Bucharest. of city Ceausescu capital the the from were away ironically kilometers 80 Romania, Targoviste, in in executed day, and same the sentenced during caught be were they to 1989, last December 22 The on Bucharest Fleeing couple. condemned,Mircea Raceanu. one only to referred 1989 September 19 on 121 no. year, that for identified I commutations sovereignty. Romanian and security state involving cases serious to punishment capital restrict to 1988 February in proposed had Ceausescu that book his in improvement. general executions, their awaiting were prisoners 27 abolished, was penalty death the when 1990, January in that states Frankowski are courts by provided sentences “Capital that established decree the of imprisonment.” 3 years 20 Art. to commuted NAR, Fond Frankowski, “Post-Communist Europe…”, 226. Roger Hood, Fond NAR, III.4. 1989 and the Abolition theAbolition 1989and III.4. Comitetul Central al PCR – Consilul de Stat - Decrete [The Central Committee of the RCP – State CommitteeCentral- DecreteRCP – Statthe [The ofde – Consilul CentralPCR Comitetul al Comitetul Central al PCR – Cancelarie [The Central Committee of the RCP – Chancellery], – RCP the of Committee Central [The Cancelarie – PCR al Central Comitetul The DeathThe Penalty: a WorldwidePerspective file no. 121/1989, 4-5.

Presumably Roger Hood wrongfully refers to this episode when he notes notes he when episode this wrongfullyto refers Hood PresumablyRoger 197

196 hc i hgl ulkl, ic te ny ere for decree only the since unlikely, highly is which 194 This measure was easy to mistake for a sign of of sign a for mistake to easy was measure This 57 (NewOxford York: University 2002),Press, 17. 195 n h contrary, the On file CEU eTD Collection York: BerghahnYork: Books,2004), 123-148. [series], container no. 14. Culture”, 2012, May 22 accessed Died], Ceausescu how or 202 201 200 199 whiskey-sau-cum-a-murit-ceausescu/ 198 also be interpreted as the fear of former communists to be punished in such troubled times, troubled such in punished be to communists former of fear the as interpreted be also may decision rapid This debate. previous no with 1990, January 7 on 6 no. decree-law through on blame the all put to and Ceausescu’s shoulders. institutions, its including whole, a as regime the of process forms, new in - criminality rising the conditions, transition new the in that observation, other community. Western the joining of goal the and Stalinism, of excesses the to reaction late a 1990’s: the during them of most another, after one decision this European took which East countries, the of rest the to apply better that 1989 after abolition the for reasons more influence, political of result the also was penalty death the of abolition the that noted rightly Frankowski held. never was this discussions the determined referendum, a through also punishment capital of restoration punishment the regarding capital for support general context, this In structures. power new in the positions leading the of most occupying were them ofmany while a affair, internal an was nomenklatura. the itofrevenge that being Their them of 1989. one scenarios, December of lot 25 a on generated execution Targoviste in executed immediately were they instance), Frankowski, “Post Communist Europe…”,226. Frankowski, “Post Communist Europe...”,231. Files Subject [subfonds], Unit Romanian [fonds], Institute Research RFE/RL of Records HU-OSA-300-60-1, and Society Romanian in Politics Paternalist and Ceausescu Nicolae Undead: “The Kideckel, A. David Whiskey, and Lies[Blood,Ceausescu” Murit a cum Whiskey,sau si Minciuni“Sange, Tismaneanu, Vladimir A few days later, the death penalty was abolished by the National Salvation Front Front Salvation National the by abolished was penalty death the later, days few A

in in Death of the Father: an Anthropology of the End in Political Authority, Political in End the of Anthropology an Father: the of Death 198

. The new leaders wanted in this manner to avoid a real politicalreal avoid a to manner in this leaderswanted newThe 201 as well as most of its other aspects. Still, he identifies two two identifies he Still, aspects. other its of most as well as 58 www.contributors.ro/politica-doctrine/sange-minciuni-si- 200 ed. John Borneman, (New Borneman, John ed. in January 1990, but but 1990, January in 202 His 199

CEU eTD Collection 204 203 observedin Romanian case. the regime. the of days last the until tool political a was punishment capital where exception, an Romania made leader backward a and ideology antiquated an in stagnation Unfortunately punishment. capital used heavily machine propaganda the Romania 1980’s in place, take not did dissidents the of executions direct Although place. take not did change generational the where countries harsher for demand applythe not to mentioned, did this asScobell also increasing But, criminality. public measures to due a by followed GDR, the in as punishment, capital of abolition the ultimately and terms, prison the of shortening the and penological decriminalization the through system of reform a included countries communist in penalty death the and policy punishment, capital for level support high a determined - unknown previously Scobell, “TheDeath PenaltySocialism…”, Under 189-234. Frankowski, “Post Communist Europe…”,226. olwn Soels scheme, Scobell’s Following

204 the last two stages in the development of criminal criminal of development the in stages two last the 59 203 could also be also could CEU eTD Collection directly eliminate them, the authorities decided to follow the legal procedures. This was meant meant was This procedures. legal the follow to decided authorities the them, eliminate directly also could it Although etc. groups, resistance eliminate the of to members mainly or traitors penalty saboteurs, fascists, death the used regime the executions, the of effect deterrent specific the on first Counting audience. limited a to presented was which case robbery bank the for except cases, particular on not and provisions legal the of publicity the on centered was use propagandistic The population. the of part large a frighten to intended crimes, political and economic several to extended were punishment capital concerning provisions legal the 1949, a while phenomenon, this of In incomplete. is data the that states confirms dimensionscommunist East-European other with comparison the on account full a have to us allow not does data Poor communists. the of rivals political former fascists, the punishing of way disguised a form, retributive a took often which criminals, war of issue the by dominated was start Its the of legalRomanianlargercontext history the of communism. political and as well as people the in scheme interpretative executed an within placed been have and All cases. particular of reconstruction sentenced of number an the framework, legal of the account of approximate survey a allowed which sources primary various of analysis extensive in an required politics it unexplored, previously and was area punishment this Because Romania. capital communist between relations the historiography: Romanian for

In terms of the death penalty, the first half of the communist period was very dynamic. dynamic. very was period communist the of half first the penalty, death the of terms In topic taboo a been has what of interpretation an and examples data, offered thesis This Conclusions 60

CEU eTD Collection the of adoption the followed 1971, in executions, of number the in increase first the example, For machine. propaganda the by disseminated campaigns deterrent various on dependent use, inconstant its at look we if observed be can punishment capital of politicization the However, treason. for executed was person no that consider we if especially disappears, opponents eliminating as such purposes interpretation politicized usepunishment. the and of capital its with less even and framework legal tight the with connection no had discussion ideological the of accompanying construction the an abolition of dream The period. Stalinist the to specific repression violent thus the and blamed regime, the of humanitarianism claimed a of spirit the in developed were public, wider the to explained were they as provisions, legal The Ceausescu. Nicolae of personality matter. political a again was provisions legal the of application the that demonstrating 1969, in Code Penal new the of adoption the until normal to back came figures the 1958-1959, in registered highexecution rates the Afterin from 1958. Romania troops Soviet of 1956 and withdrawal the de- the in Hungary in were events the USSR, the reasons in Stalin of The death the followed that position. process Stalinization his about secure less felt Gheorghiu-Dej Gheorghe ruler Stalinist the when 1958 in tightened use actual and provisions legal 1956, in punishment capital abolish to attempted and debated jurists leading Although feature. deterrent a general had also and image regime’s improve to aimed that legality of appearance the provide to Compared to the Stalinist period, the use of the death penalty for direct political political direct for penalty death the of use the period, Stalinist the to Compared the to linked particularly was 1969 in reform penological the after period The is recycled through a discourse on the natural disappearance of the death penalty penalty death the of disappearance natural the on discourse a through recycled is July Theses July New Man New , a statement of return to real-socialism. The regime regime The real-socialism. to return of statement a , 61 and the decrease of criminality in general. This inThis general. criminality decreasethe of and ideological ideological CEU eTD Collection bycommunistdominated the throughout factors period. political a as well an as was was Romania in periods, penalty death the nonetheless tool, political a as two use there its in decrease substantial the Although of penalty. discourse death official the the between of difference application interpretative the in as well as discussed decisions important the took who Justice were legal provisions the whenmakers main decision the were the Party Communist Romanianthe not was it 1989 and 1944 Between of Committee Central the and Securitate the Interior, ofMinistry punishment. capital regarding Ceausescu Ultimately, image. death duringhimself and1989. executed to upheavalwasthe December of sentenced own his improve to aimed which amnesties large granting by reacted Ceausescu criminality, rising the and discourse official the between gap deepening the offace the In interesting. case Romanian making the thus interests, political by the dictated European East the and uneven of application was its because but punishment, capital of use excessive the just for not most and penalty death the abolished GDR the exception, an period was Romania respect, this this In In punishment. capital of use the decreased countries no dissidence.allowed who couple ruling intransigent increasingly the by meetings level high in discussed secretly central through propaganda by publicized with cases treason andmurderUnlike were newspaperscases. robberyexecution largely these, together 1985, and 1984 in for crimes sentences capital economic 19 least at in resulted and facing was Romania crisis economic deep the of result a as attention draw criminality Economic crimes. capital main the were treason and crimes economic murder, degree first after when 1980’s, the in turn neo-Stalinist a took 62 CEU eTD Collection Memory of the Romanian Exile. Accessed 22 NovemberMemoryAccessed2011: Exile. 22 Romanian of the Forms] Fond (ANAP), Penitentiaries] of Administration Filescontainer 14.Romanian [fonds],Institute no. Subject [series], [subfonds],Unit Political-Administrative - Party Communist Romanian the Section]. of Committee Central [The Decrees].– theCouncil CentralCommitteeof CommunistState Romanian [The Party – Communistthe RomanianChancellery]. PartyCommittee – of fond. [Documentary]. Fond (ANCSAS), “Securitate”] of Archive the of Study the for Council National Bibliography Arhiva Administratiei Nationale a Penitenciarelor [Archive of the National National the of [Archive the and Crimes Communist of Investigation the for Institute Penitenciarelor The by online published , a Nationale Administratiei Arhiva Fond Arhivele (NAR): ArchivesofRomania] ale Nationale Romaniei [National the of [Archive “Securitatii” Arhivelor Studierea pentru National Consilului Arhiva Legislation: Research RFE/RL of Records HU-OSA-300-60-1, (OSA), Archives Society Open Colectia Fond Fond Fond Fond unprocessed (AMJ), Justice] of Ministry the of [Archive Justitiei Ministerului Arhiva Newspapers: Primary sources: sources: Primary

http://crimelecomunismului.ro/en/penal_registration_forms/ Comitetul Central al Partidului Comunist Roman – Cancelarie [The Central Central [The Cancelarie – Roman Comunist Partidului al Central Comitetul Ministerul Justitiei - DirecţiaJudiciara[Ministry Justice- - Justitiei Ministerul of Judiciary Unit]. GraţieriJustice [MinistryPardons].- Justitiei of - Ministerul Administrativ-Politica Secţia - Roman Comunist Partidului al Central Comitetul Decrete - Stat de Consilul – Roman Comunist Partidului al Central Comitetul Archival Sources: filmsPress,other sources: and Anneli Ute Gabanyi Ute [ Anneli Monitorul Scanteia

[The Spark], [The Oficial

Collection [Official Monitory], Buletinul Oficial [Official Bulletin]. [Official Monitory],Buletinul Oficial Bulletin]. [Official

Romania 63 Anneli Ute Gabanyi]. Anneli ie arcl Penale Matricole Fise

Libera [Free Romania].

[Penal Registration Registration [Penal Documentar Documentar CEU eTD Collection

reports.html 6&chapter=4&lang=en CrimesHumanity”.02 AprilAccessed, against 2012. 120 min.1984. FilmeRomania, Unu, France- Films, Libra d’Ici, Films Les France2, Arte, 70 Romania-Germany-UK,2004, min. ZDF, BBC, by Produced Solomon. Contemporary World]. Comparative Perspectives 285-291. 4 (2008), law forum, March2006. 1927. 19 in Death Penalty Punishment.

http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV- and Crimes War to Limitations Statutory of Non-Applicability the on “Convention Report. Amnesty International Secret] [Bachus’ Bachus lui Secretul Robbery] Bank Communist [Great Comunist Jaf Marele neec, osatn C. Constantin Angelescu, euec, Nicolae. Ceausescu, Sarat. Austin and Christian Boulanger, M.“Karl Bohm,Robert Deaththe Penalty”.andMarx Dilemmas”. Penalty Death “Russia’s Williams. J. Eric and D., Donald Barry, Principle]. [Domnino Dominoului” “Principiul Nicolae. Balint, Capital on Nations http://humanrightsdoctorate.blogspot.com/2010/07/secretary-generals-quinquennial- United the of Secretary-General the of Reports Quinquennial Secondary Sources: Secondary Sources: vol. 8, no. 2 (1997), 231-258.no. 2(1997),vol. 8,

Accessed 2011. 21 August

th Century Romania]. Romania]. Century

Bucuresti: Editura Politica,Bucuresti: 1984. Editura . Stanford: StanfordUniversity 2005. Stanford: . Press, Drepturile Omului in Lumea Contemporana [Human Rights in in Rights [Human Contemporana Lumea in Omului Drepturile Pedeapsa cu Moarte la Romani in Veacul al XIX-lea [The XIX-lea al Veacul in Romani la Moarte cu Pedeapsa London: AmnestyLondon: 1976-1989. International Publications, Bucuresti: Tipografia Inchisorii Centrale “Vacaresti”, “Vacaresti”, Centrale Inchisorii Bucuresti:Tipografia . Directed by Geo Saizescu. Produced by Casa de de Casa by Produced Saizescu. Geo by Directed . 64 The Cultural Lives of Capital Punishment: Punishment: Capital of Lives Cultural The CriticalCriminology, Drce b Alexandru by Directed . irl e Mures, de Ziarul vol. 16, no. 16, vol. Criminal Criminal 13 13 CEU eTD Collection :UniversityStanford Stanford 2005. 168. Press, Perspectives Comparative Punishment: Europe”. Europe Monitor, UniversityOxford1996. Oxford: Press, AcademieiEditura1970. Republicii Romania, Socialiste Rosca. Victor Roman. Stanoiu, Rodica Bulai, Constantin Ethics, Stephan,257-275. Within, from View The Europe. Communist 1998.Foundation, Nancy:111-121. Brossat, 1994. Press Universitaire de Nancy, In Foucault”. de a celles AccrocheesReflexions College,2011.CEU Budapest Thesis, MA (1945-1953)”, System Justice Criminal Romanian the of Sovietization Studies Asia

, 117-129. Strasbourg:Council 117-129.Publishing, , 117-129. Europe of1999, Clark, William A. “Crime and Punishment in Soviet Officialdom. 1965-90”. 1965-90”. Officialdom. Soviet in Punishment and “Crime A. William Clark, In Poland”. in Punishment Eastern “Capital______. and Central in Penalty Death the of Abolition “The Agata. Fijalkowski, Slovakia” in Penalty Death “The Robert. Fico, Penalty”. Death the and States ex-Soviet “Four Marjorie. Farquharson, J., Richard Evans, Iliescu, Nicoleta Fodor, Iosif Oancea, Ion Kahane, Siegfried and Vintila Dongoroz, In System”. Justice Criminal Romanian “The Tiberiu. Dianu, Dennis. Deletant, Quelques d’Etat: Socialisme le et Disciplinaire Pouvoir “Le Roumen. Daskalov, The Romania: Communist in Justice “Subordinating Andreea. Maria Cojocariu, Dolinko, David. “State Punishment and the Death Penalty”. In Penalty”. Death the andPunishment David.“State Dolinko, Dorin.Dobrincu, edited by R. G. Frey and C. H. Wellman.editedFreyH. byBlackwell, Oxford: and C. G. 2008. R. vol. 4 no. 2 (2003), 89-100.no.2 (2003), Tilburg Foreign Law Review, , vol. 45, No. 2 (1993), 259-279.No.vol.2 (1993), , 45, Tertcl xlntos f h Rmna Pnl oe 4 vol.]. 4 Code, Penal Romanian the of Explanations [Theoretical

Dordrecht:Martinus 1995. NijhoffPublishers, Listele Mortii [The Lists of Death]. of [The Lists Listele Mortii Rituals of Retribution: Capital Punishment in Germany, 1600-1987, 1600-1987, Germany, in Punishment Capital Retribution: of Rituals Romania under Communist Rule. Rule. Communist under Romania 9 (2001), 62-83. (2001), 9 , edited by Austin Sarat and Christian Boulanger, 147- Boulanger, andChristian Sarat Austin by edited , edited by Stanislaw Frankowski and Paul B. III III B. Paul and Frankowski Stanislaw by edited 65 Hommage de l’Est a Foucault, a del’Est Hommage Explicatii Teoretice ale Codului Penal Penal Codului ale Teoretice Explicatii . . In Iasi:Polirom,2008. h dah eat: blto in Abolition penalty: death The uuet: h Cvc Academy Civic The Bucuresti: h Clua Lvs f Capital of Lives Cultural The A Companion to Applied to Companion A ea Rfr i Post- in Reform Legal edited by Alain Alain by edited Bucuresti:

Budapest: Budapest: Helsinki Helsinki Europe- CEU eTD Collection cu-moartea-pentru-pedofilii-ai-caror-victime-decedeaza-228971.html 1882. Prisoners]. Fugitive and Detainees the of Shooting 137-152. (Bucuresti:Politica,Dan 1984). Editura Popescu, Mircea Rights], Human and Humanism Revolutionary [The Omului In Legislation]”. and Law Socialist the of Humanism European East and Soviet for December 27 Research,2011. MayBrynAccessed College, Council Mawr 1987. National to Report Interim Today”, Union Soviet the Princeton University Princeton: 1961. Press, Authority,Political In Culture”. and Society Romanian Die], Victims who’s Pedophiles for Penalty Death the Proposes Urban [Iulian Decedeaza” Victime University2002. Press, Waterside Winchester: 1996. Press, Prospects and Issues 2000. Press, New York Power, 3: Volume 1954-1984, Foucault. 2000.Press, Power, 3: Volume 1954-1984, 1995. Books, Romania Libera, Romania Foucault, Michel. Foucault, iii Constantin. Filiti, [The Socialiste Legislatiei si Dreptului “Umanismul Vida. Ioan and Ladislau Lörincz, in Property Public and State Against Crimes for Punishment “Capital L. George Kline, Otto. Kirchheimer, in Politics Paternalist and Ceausescu Nicolae Undead: “The A. David Kideckel, caror ai Pedofilii pentru Moartea cu Pedeapsa Propune Urban “Iulian Monica. Ionita, G. Roger Hood, In Europe”. Communist “Post Stanislaw. Frankowski, in DifficultPunishThing Is” is“To Most the There ______. in Penalties” Replacement “Against ______. http://www.romanialibera.ro/timpul-liber/fapt-divers/iulian-urban-propune-pedeapsa- www.ucis.pitt.edu/nceeer/1987-800-14-Kline.pdf ed. John2004.ed. Berghahn 123-148. New York: Borneman, Books, 21 June 2011. Accessed21 June February 2011. 21 2012. 215-243 Rutherford, Andrew and Hodgkinson Peter by edited h Dah eat: Wrdie Perspective. Worldwide a Penalty: Death The Discipline and Punish: the Birth of the Prison the of Birth the Punish: and Discipline epe mucra sniio s Aettlr uai Aot the [About Fugari Arestatilor si Osanditilor Impuscarea Despre oiia Jsie Te s o Lgl rcdr fr oiia Ends. Political for Procedure Legal of Use The Justice: Political edited by Paul Rabinow, 459-461. Rabinow, Paul by edited et o te ahr a Atrplg o te n in End the of Anthropology an Father: the of Death dtd y al aio, 462-464. Rabinow, Paul by edited 66 Bucuresti: Noua Tipographie Nationala, Nationala, Tipographie Noua Bucuresti: Umanismul Revolutionar si Drepturile Drepturile si Revolutionar Umanismul . edited by Victor Duculescu and and Duculescu Victor by edited seta Wrs f Foucault. of Works Essential aia Pnsmn. Global Punishment. Capital

New York: The New York York New The York: New

. New York: Vintage York: New . e Yr: Oxford York: New Essential Works of Works of Essential

e Yr: The York: New . .

CEU eTD Collection Sitech, (Craiova:2009). Editura Life] to Right the for Guarantee a – Penalty Death the [Banning Viata la Dreptului a Garantie Contra?]. Capital Punishment]. Human Rights, of Europe”. in Eastern Penalty Death the Abolitionof Socialization: the 1923. Judiciar, Constitution] New the of Project the to Related Penalty Death Regenery D.C.: c1987. Gateway, Iasi: 2003. Polirom, Assisted Suicide.] College,New Europe 177. Bucharest:2010. Program Odobleja 2009-2010, College, Stefan Yearbook Law. Punishment[Capital inRomanianEvolution]Origins and CriminalJusticeof 123 (sep. 1990), 503-520. 123 (sep. Princeton University Princeton: 2001. Press, Romania 2007. Academia Civica, in Repression Communist the of Geography and Chronology atcn Olivian. Mastacan, andPractice”. Law in“DeathChina: The Zhang. Penalty Lening Hong and Lu, ua, Romulus. Rusan, Iancu. Marcel Adrian and Gheorghe Popescu, ______. State Iulian. Poenaru, and Compliance Elite “Between Imami. Arben and Ridvan Peshkopia, V. Vespasian Pella, Mihai. Ion Pacepa, Stejarel. Olaru, Alin. Muresan, In Romania”. in Trials Criminal War and “Legislation Andrei. Muraru, cbl, nrw “h Dah eat i Ps-a China”. Post-Mao in Penalty Death “The Andrew. Scobell, Austin. Sarat, Bucuresti: Editura LuminaBucuresti: Editura 1994. Lex, Vol.No. 353-372. 3(June12, 2008), Iasi:2011. Polirom, 33 (2005), 367-376. 33 (2005), Bucuresti:AcademieiEditura RS Romania,1974. When the State Kills. Capital Punishment and the American Condition. Condition. American the and Punishment Capital Kills. State the When Cei Cinci Care au Speriat Estul [The Five Who Frightened the East] the Frightened Who Five [The Estul Speriat au Care Cinci Cei an of Chronicle The [Pitesti. Asistate Sinucideri unei Cronica Pitesti. Contributii la Studiul Pedepsei Capitale [Contributions to the Study of Study the to [Contributions Capitale Pedepsei Studiul la Contributii Pedeapsa cu Moartea, Pro sau Contra? [The Death Penalty, Pro or Pro Penalty, Death [The Contra? sau Pro Moartea, cu Pedeapsa rnlga i egai Rpeini ouit i Romania in Comuniste Represiunii Geografia si Cronologia Red Horizons: Chronicles of a Communist Spy Chief Spy Communist a of Chronicles Horizons: Red eepa aiaa n rpu Rmns. rgn s Evolutie si Origini Romanesc. Dreptul in Capitala Pedeapsa Pedeapsa cu Moarte in Legatura cu Proiectul Constitutiei [The [The Constitutiei Proiectul cu Legatura in Moarte cu Pedeapsa 67 Interzicerea Pedepsei cu Moartea – – Moartea cu Pedepsei Interzicerea edited109- by Vainovski-Mihai, Irina . Bucuresti: Tipografia Curierul Curierul Tipografia Bucuresti: . . Targoviste: Bibliotheca, 2008. The China Quarterly, China The The International JournalInternational The ]. Bucuresti: Fundatia Fundatia Bucuresti: ]. . Washington, . New Europe Europe New Journal Journal [ The no. . .

CEU eTD Collection Newsletter, University1994. Press, Writings Co-Victims Stiintifica Editura 1975-1977). si Enciclopedica, 2 vol.] Special Part, Annotated. CommentedRomania, and of Republic the Socialist Adnotat si Comentat Romania, Socialiste Republicii al Ramureanu. Virgil Popescu, Dumitru Pavel, Doru Papadopol, Vasile Lucinescu, no.2 1983), 35, (Apr. 154-174. 2012, May 22 Accessed Died]. Communism. Ceausescu how or Whiskey, and -ceausescu/www.contributors.ro/politica-doctrine/sange-minciuni-si-whiskey-sau-cum-a-murit Lies [Blood, Report]. Final Romania. in Dictatorship Communist the 2007.Humanitas, of Analysis the for CommissionPresidential [The Final Raport Romania. din Comuniste Dictaturii Analiza pentru Budapest: Central57-79. University 2008. European Press, 1989, after Museums and Cinema in Communism In Archives”. Communist in Documents Issues,Contemporary Soviet Simulated Change. Republic”. Democratic German the international annual, and Cuba Union, ______. “The Death Penalty under Socialism, 1917-1990: China, the Soviet Soviet the China, 1917-1990: Socialism, under Penalty Death “The ______. Wieruszewski, Roman. “The Evolution of the Socialist Concept of HumanConcept Rights”, Socialist the “TheWieruszewski,Roman. of Evolution Politics” of Vocation and Profession “The Max. Weber, Scott. Vollum, Dumitru Daringa, Gheorghe Danes, Stefan Antoniu, George and Teodor Vasiliu, Penalty”. Death the and Union Soviet “The P. Ger Berg, den Van Vladimir. Tismaneanu, Ceausescu” Murit a cum sau Whiskey, si Minciuni “Sange, Vladimir. Tismaneanu, Vasile. Cristian and Dobrincu Dorin Vladimir, Tismaneanu, from Reality Reconstructing Filmmaker. a of Experiences “The Alexandru. Solomon, Socialism”. under Penalty “Death Konstantin. Simis, Michael. Shafir, , edited by Peter Lassman and Ronald Speirs, 310-311. Cambridge: Cambridge Cambridge Cambridge: 310-311. Speirs, Ronald and Lassman Peter by edited , . New York: LFB New York: Scholarly 2008. . Pub, 1 (1988): 28-29. 1 (1988): Berkeley: University of California Press, 2003. Berkeley:2003. CaliforniaUniversity Press, of London:Publishers,Frances 1985. Printer 12 (1991), 189-234. Last Words and the Death Penalty: Voices of the Condemned and Their and Condemned the of VoicesPenalty: Death the Wordsand Last Romania: Politics, Economics and Society. Political Stagnation and and Stagnation Political Society. and Economics Politics, Romania:

no. 123-27. no. (1981): tlns fr l Saos A oiia Hsoy f Romanian of History Political A Seasons: all for Stalinism Past for the Eyes: East European Representations of of Representations European East Eyes: the for Past 68 edited by Oksana Sarkisova and Péter Apor, Apor, Péter and Sarkisova Oksana by edited , Partea Speciala, Partea Criminal Justice History: An An History: Justice Criminal Russia. A Quarterly Review of of Review Quarterly A Russia. . In Max Weber, Weber, Max In Comisia Prezidentiala Prezidentiala Comisia

2 vol. [Penal Code of Code [Penal vol. 2 Soviet Studies, Soviet Codul Penal Penal Codul Bucuresti: (Bucuresti: Political Political SIM SIM vol. vol.