Romania is a constitutional democracy with a multiparty, bicameral parliamentary system, a head of government (prime minister), a directly elected head of state (president), and a separate judiciary. Despite a recent reorganization of the judicial system, the executive branch exercises influence over the judiciary.

The Ministry of Internal Affairs supervises the police. The national police have primary responsibility for security, but the Government may call on the army and border guard to assist the police to maintain internal order. The Romanian Intelligence Service (SRI) carries out internal intelligence functions. Elected civilian authorities exercise full control over the security forces, many of whose senior officials were replaced by the Government in 1997. Some police officers committed serious human rights abuses.

The Government generally respected the human rights of its citizens; however, several serious problems remained. Police continued to beat detainees. The Government investigated police officers suspected of abuse and indicted officers accused of criminal activities in military courts. However, investigations of police abuses are generally lengthy and indeterminate, and rarely result in prosecutions or punishment. Poor prison conditions led to hunger strikes and violent protests in February. The judiciary remains subject to executive branch influence, although it was reorganized and is increasingly independent. Discrimination and violence against women remained serious problems. A large number of impoverished and apparently homeless children continued to roam the streets of large cities. Government and societal harassment of religious minorities was a problem. Discrimination and violence against Roma continued.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial killings.

In March Amnesty International issued a report questioning the use of firearms by police against unarmed petty criminal suspects in 11 incidents between 1995 and 1997. Three fatalities resulted, and only two police officers have been indicted.

In several earlier cases of deaths in custody or deaths reportedly due to police brutality, investigations and trials are still dragging on, years later.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The Constitution prohibits torture and inhuman or degrading punishment or treatment, and these prohibitions were generally respected in practice. Nevertheless, there were credible reports that police continued to beat detainees.

In January the United Nations Special Rapporteur on Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment reported that he had received allegations of torture and mistreatment during detention, usually at police stations. Police officers allegedly often used force during interrogations to obtain confessions.

Judicial cases involving military personnel and the police are tried in military courts. Local and international human rights groups criticize this system, claiming that the military prosecutor's investigations are unnecessarily lengthy and often purposefully inconclusive and that the military courts sometime block proper investigation of alleged police abuses.

Prison conditions are poor, facilities are overcrowded and unhealthy, and medical assistance is meager. Human rights organizations continued to report abuse of prisoners by other prisoners and prison authorities. Prisons continued to use the "cell boss" system, in which some prisoners are designated to be in semiofficial charge of other prisoners. The Government permits visits by human rights monitors, and several nongovernmental organizations (NGO's) made such visits.

d. Arbitrary Arrest, Detention, or Exile

The law forbids the detention of anyone for more than 24 hours without an arrest order from a prosecutor, who may order detention for up to 30 days. Authorities generally respected this provision in practice. Detainees have the right to apply for bail and may ask for a hearing before a judge. Such a request must be granted within 24 hours. In the absence of a request, however, the authorities may hold a person for up to 65 days without a court order.

Police often do not inform citizens of their rights. The law requires the authorities to inform arrestees of the charges against them and of their right to an attorney at all stages of the legal process. Police must notify defendants of this right in a language they understand before obtaining a statement. However, the prosecutor's office may delay action on a request for a lawyer for up to 5 days from the date of arrest.