Introduction

To many of the victims of Romania’s brutal communist regime, the government’s efforts at restitution seem to be more of a şmecherie (pronounced “sch-mek-aree-a” - a Romanian ruse) than an honest effort at justice. Tens of thousands of victims have been waiting in vain for eight years or more for their claims to be resolved without any information as to the status of their files, while thousands more have gone to their graves without any justice at all. Twenty years after the fall of communism, and eight years after implementing what should have been the model for restitution throughout Central and Eastern Europe, Romania’s restitution process is mired in indolence, insolence, and obedience to political interests instead of a commitment to justice and the rule of law.

Over the years, this publication has provided in-depth analyses of Romania’s basic restitution law, Law 10/2001 (“Law 10”), the amendments to it and the regulations promulgated to enforce it. (See The Romanian Digest™ Archive at www.hr.ro.) While the Romanian government has commendably provided restitution to thousands of victims since 2001, this article focuses upon the terrible reality faced by over a hundred thousand victims of communism who still have no idea when or if they will ever receive justice from a state whose subdivisions appear either unable or unwilling to rectify the injustices of the past.

Restitution in practice

It is morally unacceptable to provide restitution to half of Romania’s victims and provide indecision, silence and impudence to the rest. But this is the state of restitution in Romania as described in a recent report of the Romanian Academic Society (“SAR”), entitled “Property Restitution: What Went Wrong in Romania?” in which SAR characterizes the restitution process as insensitive, confusing and abusive. Certainly, it would be