CAT/OP/ROU/1
B.
Resources
41.
The delegation identified the inadequacy of human and financial resources for the
administration of places of deprivation of liberty as an acute problem that requires
immediate attention. Understaffing in all areas, including the penal system, the criminal
justice system, the social welfare system and the health-care system, is chronic.
42.
The delegation noted that prison personnel were often not aware of international
human rights standards, practices and protocols they should use while performing their
duties. This includes a lack of awareness among medical staff of the Manual on the
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Istanbul Protocol), which is an important tool for
identifying and documenting torture and ill-treatment. Such education and training is
required not only to ensure accountability but also to prevent human rights violations and
foster a culture of respect for human dignity.
43.
The Subcommittee recommends that the State party significantly and urgently
increase investment in staff capacity, both in terms of numbers and quality, especially
in respect of security staff, psychologists, social workers and medical staff. 12 The
authorities should undertake a periodic assessment of the ratio of staff to prisoners to
ensure the effective delivery of services and work, education and training activities. It
should also review the remuneration packages to ensure that they are attractive and
take into consideration the specific nature of the job. Staff should be provided with
specific training on stress and risk management and should be offered psychological
assistance and support. Training and education on human rights standards, practices
and protocols, including the Istanbul Protocol, the Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials and the United Nations Standard
Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), should
be provided to prison personnel, including medical and security staff.13
C.
Registers
44.
While appreciating that the State party has initiated a project in some institutions
whereby some records of persons in prisons can be accessed through an electronic database,
the delegation observed that the fragmentation and the dispersion of the information,
including the alleged incidents to which persons were subjected, made it difficult or
impossible to trace the detention’s pathway and understand the nature of alleged cases. The
Subcommittee recalls that the maintenance of complete and reliable records of persons
deprived of their liberty is one of the fundamental safeguards against torture or ill-treatment,
and is an essential condition for the effective exercise of due process guarantees, such as
the right of the detainee to be brought before a judge promptly and the right to challenge the
legality of the detention.
45.
The Subcommittee recommends that the State party extend the project to all
institutions, accelerate the process of digitization of prisoners’ records and ensure that
information about detainees is entered promptly. Meanwhile, paper registers should
be simplified and harmonized, and information about detainees should be available
centrally, in a comprehensive and systematic manner. 14
D.
Segregation of detainees
46.
The delegation observed that different categories of prisoners were not always
separated according to their status, criminal record, legal reason for their detention, age,
12
13
14
Nelson Mandela Rules, rules 74, 75 and 78.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 10,
and the Nelson Mandela Rules, rules 34 and 76 (1).
Nelson Mandela Rules, rules 6–10.
9