Romania
Romania has a dedicated counterterrorism law from 2004. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
Terrorism is generally defined in Article 1 of the 2004 Law as
the ensemble of actions and/or threats that represent a public danger and affect national security, with the following characteristics:
a) they are committed with premeditation by terrorist entities, motivated by extremist beliefs and attitudes, hostile to other entities, against which they act through violent and/or destructive modalities;
b) they are aimed at specific objectives, of political nature;
c) they concern human and/or material factors within the public authorities and institutions, the civil population or any other segment belonging to these;
d) they produce situations that have a deep psychological impact upon the population, which are meant to draw attention to the goals that they pursue.
Adherence to Global and Regional Terrorism Treaties
Romania is a State Party to all of the main United Nations treaties on terrorism.
Treaty | Adherence |
---|---|
1973 Convention on Crimes against Internationally Protected Persons | State Party |
1979 Hostage-Taking Convention | State Party |
1997 Terrorist Bombings Convention | State Party |
1999 Terrorist Financing Convention | State Party |
2005 Nuclear Terrorism Convention | State Party |
Romania is also a State Party to most of the European treaties on terrorism.
Treaty | Adherence |
---|---|
1977 European Convention on the Suppression of Terrorism | State Party |
2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
2005 Convention on the Prevention of Terrorism | State Party |
2015 Additional Protocol to the Convention on the Prevention of Terrorism | Signatory |
Laws and Penalties for Terrorist Offences
Article 2 of the 2004 Law determines that:
The acts committed by terrorist entities shall be sanctioned according to the present law, if they meet one of the following conditions:
a) they are usually committed through violence and they cause states of disquiet, uncertainty, fear, panic or terror among the population;
b) they seriously infringe upon both specific and non-specific human factors and material factors;
c) they are aimed at specific objectives, of political nature, by determining the State authorities or an international organisation to ordain, to renounce or to influence the making of a decision in favour of the terrorist entity.
The predicate offences listed in the Act are punishable as follows. Generally, the punishment for a terrorist offence is imprisonment for between 15 and 20 years while threatening a terrorist act carries a sentence of imprisonment from three to ten years.Art. 32(2), 2004 Law on Combating Terrorism.
Counterterrorism Capacities and Policies at Domestic Level
Romania has dedicated counterterrorism capacity in its national police.