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PUBLIC SCANDALS: Sexual Orientation and Criminal Law in Romania

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PUBLIC SCANDALS: Sexual Orientation and Criminal Law in Romania PUBLIC SCANDALS: Sexual Orientation and Criminal Law in Romania (ADVANCE COPY) A report by Human Rights Watch and the International Gay and Lesbian Human Rights Commission New York A Washington A London A Brussels Copyright 8 January 1998 by Human Rights Watch and IGLHRC All rights reserved. Printed in the United States of America ISBN 1-56432-178-9 Library of Congress Catalog Card Number: 98-84053 Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. HUMAN RIGHTS WATCH Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people. Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children=s rights, and women=s rights. It maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Dushanbe, Rio de Janeiro, and Hong Kong. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, executive director; Susan Osnos, associate director; Michele Alexander, development director; Cynthia Brown, program director; Barbara Guglielmo, finance and administration director; Patrick Minges, publications director; Jeri Laber, special advisor; Lotte Leicht, Brussels office director; Carroll Bogert, communications director; Jemera Rone, counsel; Wilder Tayler, general counsel; and Joanna Weschler, United Nations representative. The regional directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Sidney Jones, Asia; Holly Cartner, Europe and Central Asia; and Hanny Megally, Middle East and North Africa. The thematic division directors are Joost R. Hiltermann, arms; Lois Whitman, children=s; and Dorothy Q. Thomas, women=s. The members of the board of directors are Jonathan Fanton, chair; Lisa Anderson, Robert L. Bernstein, William Carmichael, Dorothy Cullman, Gina Despres, Irene Diamond, Adrian W. DeWind, Fiona Druckenmiller, Edith Everett, James C. Goodale, Jack Greenberg, Vartan Gregorian, Alice H. Henkin, Stephen L. Kass, Marina Pinto Kaufman, Bruce Klatsky, Harold Hongju Koh, Alexander MacGregor, Josh Mailman, Samuel K. Murumba, Andrew Nathan, Jane Olson, Peter Osnos, Kathleen Peratis, Bruce Rabb, Sigrid Rausing, Anita Roddick, Orville Schell, Sid Sheinberg, Gary G. Sick, Malcolm Smith, Domna Stanton, Maureen White, and Maya Wiley. Robert L. Bernstein is the founding chair of Human Rights Watch. Addresses for Human Rights Watch 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 290-4700, Fax: (212) 736-1300, E-mail: [email protected] 1522 K Street, N.W., #910, Washington, DC 20005-1202 Tel: (202) 371-6592, Fax: (202) 371-0124, E-mail: [email protected] 33 Islington High Street, N1 9LH London, UK Tel: (171) 713-1995, Fax: (171) 713-1800, E-mail: [email protected] 15 Rue Van Campenhout, 1000 Brussels, Belgium Tel: (2) 732-2009, Fax: (2) 732-0471, E-mail: [email protected] Web Site Address: http://www.hrw.org Listserv address: To subscribe to the list, send an e-mail message to [email protected] with Asubscribe Human Rights Watch-news@ in the body of the message (leave the subject line blank). *** Addresses for the International Gay and Lesbian Human Rights Commission Main Office: IGLHRC 1360 Mission Street, Suite 200 San Francisco, CA 94103, USA Tel: +1-415-255-8680, Fax: +1-415-255-8662 New York Office: IGLHRC c/o Human Rights Watch 350 Fifth Avenue, 34th Floor New York, NY 10018-3299, USA Tel: +1-212-216-1814, Fax: +1-212-736-1300 Email: [email protected] Website: http://www.iglhrc.org Listserv address: To receive the Emergency Response Network via email, write to [email protected] (not majordomo) with the following message: For the English version: "subscribe ern-en <your first name> <your last name>". For the Spanish version: "subscribe ern-es <your first name> <your last name>". For the French version: "subscribe ern-fr <your first name> <your last name>". The International Gay and Lesbian Human Rights Commission (IGLHRC) protects and advances the fundamental human rights of lesbians, gay men, bisexuals, transgendered people, people living with HIV or AIDS, and other sexual minorities throughout the world. IGLHRC responds to human rights violations on the basis of sexual orientation, gender identity, and HIV sero-status through documentation, advocacy, coalition building, public education, technical assistance, and internal development. In addition to working in coalition with local and national sexual minority groups in countries around the world, IGLHRC both advocates and cooperates with inter-governmental bodies and human rights organizations, as well as other social movement organizations. IGLHRC advocates not only for the human rights concerns of local constituencies, but for human rights as a framework that local constituencies can themselves employ. International Gay and Lesbian Human Rights Commission (IGLHRC) Established in 1990 as a U.S.-based non-profit non-governmental organization, IGLHRC responds to human rights violations on the basis of sexual orientation, gender identity, and HIV sero-status through documentation, advocacy, coalition building, public education, technical assistance, and internal development. IGLHRC documents the persecution, resistance, and activism of lesbians, gays, bisexuals, transvestites, transsexuals, and people with HIV or AIDS around the globe. This documentation bolsters our advocacy for political, legal, and social change. IGLHRC works at local, national, regional, and international levels to change public policy and mobilize effective action in defense of human rights, through our Emergency Response Network, our Asylum Project, and other special projects and campaigns. In the struggle to expand the human rights of sexual minorities, IGLHRC partners with grassroots organizations all over the world, as well as with U.S.-based lesbian, gay, bisexual and transgendered groups and international human rights organizations. IGLHRC is committed to defending and preserving the self-determination of the local groups and individuals with whom we cooperate. We do not impose a single mold of sexual identity, linguistic terminology, or political action on the multiplicity of forms of sexual practices and identifications around the world. Instead, IGLHRC defends the rights of individuals worldwide to define their own sexualities in their own terms, and to design their political programs on that basis. Our staff members are Dusty Aráujo, Asylum Project Coordinator; Jennifer Carson, Information Specialist; Julie Dorf, Executive Director; Scott Long, Advocacy Coordinator and Regional SpecialistCEurope; Huy (Rolland) Le, Administrative Assistant; Sydney Levy, Program Director; Michael Mills, Office Manager; Leslie Minot, Development Associate; Mirka Negroni, Regional SpecialistCLatin America, United States and Canada; Mary Sigaji, Regional SpecialistCAfrica, Middle East and the Caribbean. The members of the board of directors are Ron Buckmire, Nan Buzard, Alexandra Chasin, Joe Collins, Marcia de Castro, Julie Dorf, Gerard Fergerson, Katherine Franke, Emily Honig, Tinku Ali Ishtiaq, Gara LaMarche, Chun Liu, Julie Mertus, Vinh-Kim Nguyen, Jairo Enrique Pedraza, Darius Rejali, and Stephanie Roth. CONTENTS 1. SUMMARY AND RECOMMENDATIONS..................................................1 Summary Recommendations ..................................................................4 2. BACKGROUND.............................................................................................6 The 1936 Penal Code .............................................................................6 Advent of Article 200...........................................................................10 3. ABUSE OF HOMOSEXUALS IN THE NEW ROMANIA .........................17 The Case of Ciprian Cucu and Marian Mutascu...................................18 The Case of Costel Barbu, Mihaita Boghean, Cosmin Hutanu, Augustin Moldoveanu, and Mihai Vechiu.............................................21 The Case of Ovidiu Banu, Lucian Blaga,
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