CAT/OP/ROU/1
special needs or treatment necessities. 15 In police custody, first offenders were not separated
from repeat offenders and children were at times held together with adults.
47.
In the prisons visited, accused persons were kept with convicted prisoners and those
with infectious or contagious diseases were not separated from healthy detainees in
quarantine; this was also sometimes the case in the pretrial detention regime. In addition,
the delegation observed that smokers were detained with non-smokers. It also noted with
concern that, for the allocation of prisoners to different regimes, due account had not been
taken of the gravity of the offence and the vulnerability of the detainees, for instance of
young prisoners or of those suffering from psychosocial disorders or mental disabilities.
48.
The Subcommittee recommends that the State party ensure the effective
separation of all persons below 18 years of age from adult detainees, of male detainees
from female detainees and of pretrial detainees from convicted prisoners and that
detainees are separated according to the gravity of the offence. 16 In addition, due
account should be taken of the special requirements of the treatment and medical
needs of persons affected by infectious or contagious diseases, and smokers should be
separated from non-smokers. Measures should also be taken to protect vulnerable
persons deprived of their liberty, including children, young prisoners, persons with
psychosocial disorders or mental and physical disabilities, minorities and
marginalized persons.
E.
Torture and ill-treatment
49.
In the police stations visited, the vast majority of detainees with whom the
delegation met declared that they had not been subjected to ill-treatment. The delegation
has not received any allegations and has not found any evidence of ill-treatment inflicted by
security staff in the preventive arrest and detention centres visited.
50.
The delegation, however, received an allegation of physical ill-treatment (kicks to
the head) allegedly committed in the course of an arrest by the Special Forces of the
Directorate for Investigating Organized Crime and Terrorism. Medical evidence consistent
with the testimony had been documented in the medical file of the detainee.
51.
In some of the prisons visited, the delegation received several concurring
testimonies of physical, mental and sexual ill-treatment inflicted on inmates by security
personnel, in particular members of special intervention units, or by other detainees,
sometimes allegedly with the complicity of prison staff. In Iasi prison in particular, the
delegation noted with great concern a culture of fear and violence, where vulnerable
persons, especially children, young adults, those who were poor, those without family,
those who were illiterate and those belonging to marginalized or minority groups were
routinely beaten and abused, physically and sexually, in cells, hallways and stairs that were
not monitored by surveillance cameras. The Subcommittee observes that this may be a
control strategy used to compensate for understaffing and a lack of monitoring. However, it
is not acceptable.
52.
The delegation met young inmates that engaged in self-harm by cutting deeply into
the skin of their arms or other body parts in order to avoid being beaten by members of the
special intervention units.
53.
In addition, the delegation observed appalling overcrowding and material conditions
in several penitentiary institutions visited, which it considers to amount to cruel, inhuman
and degrading treatment.
54.
The Subcommittee recommends that the State party:
(a)
Ensure that allegations of all forms of violence, torture and ill-treatment
are promptly and impartially investigated and that perpetrators are prosecuted for
15
16
10
Nelson Mandela Rules, rule 11.
International Covenant on Civil and Political Rights, art. 10, Nelson Mandela Rules, rule 11.