On September 26, 1996, the Romanian Parliament voted to retain the infamous Article 200 of the Romanian Penal Code. While the newly adopted version of Article 200 no longer criminalizes all homosexual acts, it retains unacceptable legal penalties for consensual homosexual acts between adult Romanian citizens.

Paragraph 1 criminalizes "sexual relations between persons of the same sex, which take place in public or which cause a public scandal" with a penalty of 1 - 5 years imprisonment. A 1938 Romanian law defines "public scandal" as "an act which becomes known to more than two persons who disapprove of it." This vague language clearly allows continued persecution, blackmail, and police harassment of gay men and lesbians in Romania. Furthermore, the only comparable provision regarding heterosexual acts is Article 321, which punishes "acts, gestures, words, or expressions which offend against good manners or cause public scandal," and imposes a disproportionately light penalty of 3 months to 2 years imprisonment. Paragraph 5 prohibits, with a similar penalty, "propositioning or enticing a person to take part in sexual relations with a person of the same sex, as well as propaganda or association or any other acts of proselytism with the same purpose." This provision is a clear infringement upon fundamental rights to freedom of speech, assembly, and association, and persecutes all Romanian citizens who even present homosexuality in a positive light.

In October 1993, the United States Congress voted to restore Most-Favored-Nation status to Romania. In September 1993, the Council of Europe admitted Romania as a member of its ranks. Both acts were based on the assumption that Romania would be making further concrete progress in the protection of the human rights of all her citizens. Sadly, this has not been the case. Three years later, Romania continues to defy clear directives from numerous regional and international human rights bodies to eliminate all legal penalties for consensual homosexual acts.

In a September 18, 1996 statement, the national government cynically expressed its resolve "to fulfill in good faith the international commitments she has assumed." The newly adopted version of Article 200 falls so far short of this expressed desire, that it calls in question the Romanian government's true level of commitment to the democratic principles of civil society.

Even as Romanian parliamentarians quibbled over specific provisions of this unjust law, gay men and lesbians continued to suffer repercussions of their inaction. Several recent incidents of police persecution of gay men in Romania have been brought to the attention of the International Gay & Lesbian Human Rights Commission (IGLHRC). Particularly egregious is the case of Adrian Gabriel Presnat and Dumitru Radu Vasiliu, two 17-year-old Romanian men from the town of Iasi. It is reported that the two were forcibly detained, severely beaten, and interrogated by police on the evening of September 15, 1996 in the town of Iasi. The Iasi police reportedly failed to specify the reason for their incarceration. We understand that the Iasi police have been contemplating charges of rape against the two, as well as the application of Article 200, Paragraph 1 which criminalizes acts which cause "public scandal." IGLHRC has brought this case to the attention of the Romanian Embassy, and is urging a thorough investigation of this and other incidents of police harassment of Romanian gay men and lesbians.

It is clear that the newly adopted version of Article 200 exposes gay men and lesbians to continued persecution. Romanian police continue to harass, blackmail and detain gay men and lesbians with impunity. IGLHRC is closely monitoring all developments in Romania; we join numerous regional and international human rights bodies, as well as thousands of concerned individuals internationally in demanding the immediate, full repeal of Article 200.

We request that you send urgent letters of concern, clearly expressing your dissatisfaction with Article 200 as it stands. Also please urge the Romanian government to conduct a full investigation into the case of Adrian Presnat and Dumitru Vasiliu and to protect them from further persecution. If you reside in the United States, please urge President Clinton to reject Romania as a candidate for North Atlantic Treaty Alliance (NATO) membership at the next proposed NATO meeting. If you reside in a country that is a NATO member, please write to your head of state and urge him/her them to do the same.

Please address letters to:

H. E. Ion Iliescu
President of Romania

Palatul Cotroceni,
Bucuretsi, ROMANIA
fax: +40-1-312-1179

Mr Nicolaie Vacaroiu
Prime Minister

Government of Romania
Piata Victoriei nr. 1, Bucuresti, ROMANIA
fax: +40 1 312-3814

Mr Adrian Nastase
President of the Chamber
Permanent Bureau of the Chamber of Deputies

Aleea Patriarhiei nr. 1,
Bucuresti, ROMANIA
fax: +40 1 312-0828
e-mail: depro@dias.vsat.ro

Mr Oliviu Gherman
President
Permanent Bureau of the Senate

Piata Revolutiei nr. 1, sector I,
Bucuresti, ROMANIA
fax: +40-1-312-1752
e-mail: senatro@dias.vsat.ro

President Bill Clinton
The White House

Washington. D.C. 20500
fax: 202-456-2461
e-mail: president@whitehouse.gov

Please send copies to diplomatic representatives of Romania in your own country:

Ambassador Mircea Dan Geoana
Embassy of Romania

1607 - 23rd Street, NW
Washington, D.C. 20008
fax: +1-202-232-4748

Please also send copies of your letters to the Bucharest Acceptance Group at:

ACCEPT c/o APADOR-CH

120 Calea Victoriei, Bucharest, ROMANIA 70179
tel : +40-1-312-4528 ;
fax: +40-1-312-4443
E-mail: ion@apador.sfos.ro