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One survey in showed that Sfx percent of respondents held that homosexual acts were "never justified. Two Dirty sluts in bécancour particularly extended and intensified the agony: They were looking for an issue to use. Perhaps it might have been abortion, but the public sentiment against the old abortion laws made that textung to press. Focsaani they pressed homosexuality. Patriarch Teoctist regularly condemned, in statements read at services throughout Romania, "the acceptance of the degradingly abnormal and unnatural as a natural and legal lifestyle.
An association of seminary students, Asociatia Studentilor Crestin-Ortodocsi din Romania ASCORorganized a huge petition to the president and parliament, blasting homosexuality as "propaganda of human degenerates. During the debate ASCOR bombarded the deputies with information, petitions, and rexting, which all the took the line of criminalizing homosexuality, accusing those who Sex texting in focsani to decriminalize it of immorality or foccsani. In several electoral districts deputies had to face groups from the populace who asked how decriminalizing focsano could be squared SSex the Christian traditions of the Romanian people. In my personal opinion, you must consider some cultural and historical patterns.
If the Catholic Church was an institution above all states, and if the Reformed Church started from a firm doctrine of separation from political life, the Orthodox Church was always an instrument of the state. Even under Communism--in Russia, elsewhere, and also here--it was used as a strong state tool. Many priests were also in the state services, and not a few worked for the Securitate. Now, of course, textimg are operating independently; tdxting make their own policy. But they will not give up the benefits, or the connections they feel they should have to the state, easily. Among the hundreds of papers that had mushroomed aftermany relied on crime reporting to boost sales.
Tedting fact that homosexuality was still illegal made it easy to connect it to the category of violent crime. The murder of a popular musician, Ioan Luchian Mihalea, in latecemented tfxting association. Police revealed that Mihalea was gay, and his death--an act of brutal violence practiced on a homosexual--was replayed luridly and incessantly in the press as a "homosexual murder. Then appeared scandals and criminality," one newspaper declared, under the headline, "Homosexuals commit ferocious crimes. The press it received was very bad for the homosexual cause here.
Let Europe have its way, one journalist warned, and "the whole country will be a house of tolerance [brothel]. One observer reports, "The Sdx mention of the Council of Europe generated booing and cursing in Sex texting in focsani hall. However, in latethis omnibus bill itself was voted down. The government's parliamentary majority depended on textimg extreme nationalist parties; these deserted the government, claiming Local adult hookers in prachuap khiri khan bill's partial liberalization of homosexual activity struck at national honor.
An entire Sxe document was left intact because of one contested ln. We had to confront this very unpleasant loss of face. We were preoccupied with devising a way to pass the penal code revisions after that. The article became linked with several other proposed penal code provisions, which would ban "transmission of false news," increase penalties for slander, and prohibit the display of foreign flags. All were brainchildren of a government still seeking to control and constrict, where possible, the public sphere. But, Martian says, "With these articles it was easier to reach agreement than with Opposition to altering was inflexible, adamant, and we could not reach a consensus.
One legislator combating the changes called Article "the Gordian knot of the penal code. Martian says, "in the pre-election atmosphere certain deputies would not take the risk of voting against the entire penal code a third time. Deputy Emil Teodor Popescu of the Christian Democrats, one of the most strident opponents of modification, declared incest preferable to homosexuality, because it at least preserved the chance to procreate. This is not the moment to accord individual liberty. The new paragraph 1 penalizes consensual, adult homosexual relations with one to five years' imprisonment under two conditions: The full text of the new article reads: Sexual relations between persons of the same sex, committed in public or if producing public scandal, are punishable by imprisonment of one to five years.
The act of a major having sexual relations with a minor of the same sex is punishable by imprisonment of two to seven years and denial of certain rights. If the acts described in paragraphs result in grave damage to bodily integrity or health, the punishment is imprisonment from five to fifteen years and denial of certain rights; if they result in the death or suicide of the victim, the punishment is imprisonment of fifteen to twenty-five years and denial of certain rights. Inciting or encouraging a person to the practice of sexual relations between persons of the same sex, as well as propaganda or association or any other act of proselytism committed in the same scope, is punishable by imprisonment of one to five years.
The Concept of Public Scandal From the moment in when the Romanian government moved to revise Articleit presented its proposal as fully adherent to European norms. Amnesty International has held that "'causing a public scandal' is such a broad term it could lead to varying and contradictory judicial interpretations. Articledealing with "sexual perversion," and Articleboth discussed below. But it's a charge that can stick. Yet its context is a country where private life was virtually eradicated over four decades. Emil Teodor Popescu--a fierce opponent of leniency toward homosexuality--observes, "Westerners cannot understand how difficult it is to speak of private life here.
Nothing was private, everything was public. A crucial question, therefore, is whether the new law can be used against acts committed in supposed or seeming privacy. Because the law is so new, few cases exist so far to indicate how it will be interpreted; the opinions of officials are the best available guide to its future use. Those opinions are strikingly, and dangerously inconsistent, on many points. On whether the law can be enforced against acts performed in privacy, however, both those who created the law and those who will enforce it agree that it can. What we understand by public scandal is any action that arouses the citizens, even if not done in public, but if done in conditions that cause public indignation.
Suppose that two people of the same sex enter into relations in a room, but in view of a window, so that people passing in the street can see. Obviously the people will stop, make negative comments. In this condition we say the action raises the indignation of the public. In a bloc of flats where twenty families live, say, one of the people is known to be homosexual. The majority will not accept this. They are very concerned about living in the same bloc with this kind of person. There is concern because most of these people have children, who might be molested, might adopt this person's way of living.
Scandal doesn't necessarily mean a scandal in the juridical sense; it means also that problems of some sort already begin. Popular concern could constitute a scandal. We are trying to make it possible to exclude that man from the community as a danger to it. Tudor Cojocaru of the Brasov police offered a concrete example of a case from There were two men, both married. The wife of one caught the two of them in the bedroom, in the act of having sexual relations, and she created a public scandal. She told the neighbors; she came to us, and insisted that we do something.
We launched an investigation, because we couldn't get rid of her. The two admitted that they had homosexual relations, and ultimately were sentenced. As Senator Vasile said, "Relationships between people living in the same bloc are extremely intimate; their lives are transparent, whereas in the West you may not know your neighbor. The perpetrator must have the express intention that it can be heard or seen. The revelation does not need to be willed or intended. Opinion rather than evidence becomes the final arbiter of guilt. Mariana Valeriana Stoica, of the Chamber of Deputies, maintained: One prosecutor insisted that he has "no definition of public scandal," and that "only trials will decide an interpretation.
As for the assertion that "homosexuals are only imprisoned if certain limits are overpassed," it remains impossible to fix exactly what those limits are. An act is considered performed in public when it was committed: This definition has remained unchanged from the penal code. The code itself has no corresponding legal definition of privacy; it may indeed be questioned whether "privacy" in the sense of a zone of personal autonomy exists in the Romanian language. Ministry of Justice officials were unable to say whether it would include a hotel room.
It establishes that, for a reviled minority, acts committed in what are legally private spaces have no defense against becoming, through no fault of their actors, objects of public concern. The language deprives gays and lesbians of equal access to privacy: Under such circumstances, for gays and lesbians, privacy becomes a scarce and chance commodity, to be captured where one can. Beyond this, though, the new Article 's criminalization of homosexual acts Beach sex free in queretaro in public" is clearly discriminatory.
There is no corresponding provision of the penal code which criminalizes, or even mentions, heterosexual acts committed in public. Deputy Gheorghe Stancov said, "During the debates I drew the attention of other MPs to cases of heterosexuals who were caught in the act. I cited the example of a man and woman caught having sex in a park who were lightly fined. In Article"a person who, in public, commits deeds or gestures, proffers words or expressions, or makes any other manifestation which tends to offend good Sex texting in focsani or to produce public scandal" is punished with three months to two years' imprisonment--far less than Articleparagraph 1 provides--or a fine.
Stancov also argues that the "public scandal" language common to the two laws would be invoked unequally, and limits this law's possible application to heterosexuals: If you see a heterosexual couple behaving in a way that suggests they have sexual relations, no one is scandalized enough to bring Article to bear: But if two men even hug or hold hands in public, it certainly creates a scandal under Article And then if it is found they are a couple, or that they have indeed had sexual relations, they would be prosecuted. It imposes fines on an extensive series of violations, including "engaging in public in obscene or injurious deeds, acts, or gestures. Asked about these discriminatory punishments, Deputy Vasile Lupu explained, "in the conception of the Romanian people, homosexual relations are abnormal and must be treated differently.
It is absolute craziness to expect there to be the same law for normal people and for curisti! The Case of Gheorghe Murariu, Constantin Pirvu, and Mircea Rusu In May in Constanta, three homeless people--including a sixteen- and a seventeen-year-old boy--were arrested under Article for sexual relations practiced in a cabin where they were living. The case displays an unrestrained use of Article against populations which law enforcement officials consider undesirable--in this case, copii ai strazii or "street children," and other vagabonds.
A veteran of orphanages and correctional schools, he was released from jail in after serving a term for theft. From then he lived on the streets, from town to town. Behind the Teatro Fantasio in Constanta, he discovered a row of deserted storage cabins, metal booths with doors, surrounded by a high concrete fence. In May he moved into one. According to the prosecutor, one of them, Constantin Pirvu, sixteen, approached Murariu and invited him to have sex. They did this twice in Murariu's cabin, while--Vutcovicii claims--the other children spied through a hole in the cabin wall. On May 26,in the same place, Murariu also had sex with Mircea Rusu, seventeen, whom the prosecutor identified as another "street child.
Murariu was charged Article paragraph 2, for sexual relations with minors. However, because the minors acted "with free will and under no constraint," the prosecutor also charged them under paragraph 1. The machinery of the law was scrupulously attentive: Pirvu was charged on two counts, having had sex with Murariu twice; moreover, because he allegedly stood guard outside the cabin, he made himself an accessory to Murariu's and Rusu's crime. The interviews were supervised by Major Minea, the head of the lockup, who interrupted repeatedly, refused to allow certain questions, and bullied the two minors about their replies. If they were set free, they would go back to the same cabin and do the same things.
Constantin said he had run away from his family only three weeks before his arrest. Mircea, despite the prosecutor's statements, was not a "street child. His parents had not been permitted to visit him since his arrest. Gheorghe Murariu was barefoot and in torn clothes. In the presence of Major Minea, he said that all three had been beaten severely after their arrest, both by the civil guards and by a major in the municipal police. He claimed to have suffered since from difficulty in breathing because of the beatings. Murariu cannot read or write. He said that at the municipal police station he signed three statements under threat of further beatings, but was not told what was in them.
All three are now facing trial. Police asserted they were having sexual relations in public: Both also recount how police beat them sadistically for hours. Their account reaffirms that any public expression of homosexuality can be transformed--under police pressure--into "sexual relations," and made punishable under Article The two lived in the same neighborhood, and had been close friends for several years. The two boys sat there, in relative seclusion. Both insist firmly that no sexual act took place: The doorman saw them from the terrace. As he approached, he saw them touching. Presnac remembers him shouting: The car held four policemen. The boys were stretched on the ground, searched, and asked if they had stolen anything.
According to Presnac, officers kicked him twice in the stomach as he lay on the ground; when they were loaded in the car, he was slapped several times. At the Sector 2 police station, police ordered them to write statements which officers dictated to them. Vasiliu says he "had problems" with his statement--Presnac elaborates that his friend has difficulty writing. Because he ruined two sheets of paper, policemen hit him five times with clubs in the palms of his hands. Asked his age, Presnac responded that he was eighteen, "minus two months. He gave his grandmother's address, but police records still showed him living with his parents: They said I was lying and they beat me very hard.
There was a tall blond man in civilian dress who singled me out. He hit me with fists in the forehead and the back of the head. They wanted to know who else I did it with, and they beat me sadistically to get names and addresses. They kept knocking my head against a desk, till one of my teeth was knocked out and there was blood pouring from my mouth. Finally, I admitted that I had had sex with a foreign student who had left the country. Then the blond policeman took me into another room for another statement. He asked me which of us had the idea first "to do something like this. He told me, "Your friend has already said you were the one who came up with the idea. They were always asking us who was the girl, who was the boy.
I would tell them, "We are both boys": We were like two punching bags. Meanwhile, police were pressuring Vasiliu the taller and stronger of the two to write in his statement that he had raped Presnac--threatening him, "We'll beat you to death": Vasiliu eventually produced a statement, under dictation, in which he said the two had anal sex in which Vasiliu played the active role; then had oral sex, reversing roles--all this taking place under the tree near the restaurant. The two were handcuffed and, around There police slapped their faces again and hit them over the shoulders.
They were separated and put in cells. A policeman told Vasiliu to stand with his face to the wall of his cell, "because I'm sick of you. Finally the boy was allowed to lie down and sleep. In the morning the two boys were fingerprinted, then returned to the lockup. Vasiliu was put with his face to the wall, while Presnac was forced to wash the floor of the three cells in the lockup and the corridor. They were then hauled to the police toilets. Vasiliu was given a chip of brick and told to scrape the filthy toilet bowls clean; his head was shoved in the bowl while it was flushed.
Police urinated in the urinals; then Presnac was made to clean them with his bare hands. In the afternoon they were taken to the hospital. Doctor Pandeli, a forensic expert, performed tests on the penis and anus of each. Presnac complained that she hurt his anus in inserting a probe. While Presnac wrote his, police struck him till his nose bled; one policeman kicked him again and again, calling him a "perverse whore. Although they were free for the moment, the legal case still hung over them. According to Presnac's grandmother, police in the neighborhood followed and harassed him for months, till his parents "begged them to stop beating him.
The grandmother believes he may have left the country; Vasiliu fears he has committed suicide. The Romanian Helsinki Committee hired a lawyer for the two.
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However, an indictment was handed down in Decembercharging the two under both Articleparagraph 1 and Articleparagraph 1, and accusing them of having both oral and anal sex outside the restaurant. Their case has not yet come to trial. The Cases of Florian Cristian Hanganu and Stefan Harabula, and of Gavril Bors and Mihai Tintila Examples of men arrested for homosexual acts since the Constitutional Court's decision in indicate discriminatory punishment for trespasses in the public sphere. Human Rights Watch and IGLHRC stress again the statements of police and prosecutors that the following offenses, if committed by heterosexuals, would be unlikely to lead to arrest and detention, much less a prison term.
The central railway station of Iasi, like many other stations around Romania, is a meeting place for gay men: In early Junetwo men, Florin Cristian Hanganu and Stelian Harabula, were arrested for entering into sexual relations Sex texting in focsani a stall of the men's toilet in the station. According to prosecutors, the cleaning man in the toilet "heard a suspicious noise, looked in the keyhole, and caught the two. Chief Prosecutor Varvescu stated that "it is not a case of human rights but a case of children," explaining that if released the two would "make proselytism" and corrupt street children living in the station. Neither of the two men has a prior record, and there is no reason to suspect them of sexual abuse of children.
A case from of a French national who solicited street children in the Bucharest station was heavily publicized; this may explain the concern of the prosecutor for a population who, as the Constanta case indicates, infrequently experience any measure of solicitude on the part of the law. The prosecutor in the case, Constantin Crismaru, later remarked that he had wished to drop charges, but Prosecutor Varvescu insisted on pressing them. Gavril Bors and Mihai Tintila were arrested under almost exactly identical circumstances in the Iasi station, almost exactly one year earlier, on June 5, Tintila's file 63 shows that a cleaning man surprised them in a stall of the station toilet and called the police.
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