Romania Constitutional Court Rejects Draft Acts On Compensations For Fmr Political Prisoners

The court also admitted on Thursday the notification submitted by the Ombudsman regarding several provisions of Government Emergency Ordinance 62/2010, which limits the amount of moral compensations granted through court rulings to former political prisoners. It also admitted the 189 notifications on the unconstitutionality of several provisions of Law 221/2009 regarding political sentences and connected administrative measures ruled in court between March 6, 1945 and December 22, 1989, after dozens of people required compensations in court and complained about many illegalities.

In July this year, the Ombudsman notified the Constitutional Court regarding certain "provisions contrary to the Constitution" included in the emergency decree. The Ombudsman said at the time that the respective provisions limit the amount of moral compensations paid to former political prisoners to maximum EUR10,000 for the victim, EUR5,000 for descendants in the first degree and maximum EUR2,500 for descendants in the second degree. The Ombudsman also argued the respective provisions violate certain articles of the Constitution, which state that "citizens are equal before the law and public authorities, without privileges and without discrimination," and that "emergency ordinances may not be applied to the field of constitutional laws, may not affect the operation of the state's fundamental institutions, or the rights, liberties and duties provided by the Constitution, nor electoral rights, and may not forcefully transfer property into public ownership."

Emergency decree 62/2010 was adopted by the Romanian Government on June 30 and published in the Official Journal on July 1.

Early April this year, people close to the matter told MEDIAFAX that the Government planned to draft a normative act, whereby moral compensations paid to former political prisoners would be capped to EUR10,000.

The Government's measure came after former political detainee Ion Diaconescu said he would sue the state, under Law 221/2009, demanding EUR18 million in compensations for the harsh treatment, physical and mental suffering he endured during the communist regime.

Law 221/2009 on political sentences and connected administrative measures was approved in 2009 and former political detainees can file for moral compensations during a three-year period.

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