CAT/OP/ROU/1
3.
Confinement of prisoners
86.
The delegation observed that detainees in closed and maximum security wards in
particular were confined almost all day and night in their cells or dormitories. Furthermore,
high-risk prisoners were isolated in their cells for prolonged periods.
87.
The Subcommittee considers that detainees cannot simply be left to languish, locked
up in their cells. A satisfactory programme of activities, including work, education and
sport, is of crucial importance for the well-being and reintegration of prisoners.
88.
The Subcommittee recommends that the State party enable detainees to spend
a reasonable part of the day, eight hours or more, outside of their cells or dormitories,
together with other prisoners, engaged in purposeful activities of a varied nature. 25
4.
Treatment of persons with mental disabilities
89.
The delegation met several detainees with mental disabilities or suffering from
mental disorders who were held in prison facilities with other prisoners. In some facilities
the delegation observed that prisoners with mental disabilities were kept alone in their cells
for months.
90.
The Subcommittee considers that confining prisoners with mental disabilities in
prisons is inappropriate and that the practice of confining persons in isolation amounts to
ill-treatment.
91.
The Subcommittee recommends transferring prisoners with mental disabilities
to specialized facilities to be observed and treated under the supervision of qualified
health-care professionals. 26 The State party should end the practice of confining
persons with mental disabilities alone in their cells for prolonged periods of time.
5.
Work and recreational activities
92.
The delegation observed that in some of the prisons visited, a satisfactory
programme of work was put in place for detainees. It notes with concern, however, that in
many prisons visited a large proportion of the prison population had no access to paid or
unpaid work and to recreational, educational and vocational activities. Where available,
such activities are often limited to persons in open or semi-open regimes only.
93.
The existence of a satisfactory programme of activities is just as important, if not
more important, in a high-security unit than in an open regime. It can do much to counter
the deleterious effects that living in the bubble-like atmosphere of such a unit has on a
prisoner’s personality. Engagement in work, recreational, educational and vocational
activities is key to reducing violence and improving the skills of persons deprived of liberty
so that they may reintegrate into society. 27
94.
The Subcommittee recommends that the State party increase the variety and
frequency of activities proposed to detainees, irrespective of their regime.
95.
The Subcommittee also recommends providing prisoners with vocational
activities. Inmates should have the opportunity to work, for the purpose of
maintaining or increasing their ability to earn an honest living after release.
Recreational and cultural activities should also be provided in all institutions for the
benefit of the mental and physical health of prisoners.28
6.
Security classifications
96.
The delegation observed that the security classification of convicted inmates into
maximum security, closed, semi-open and open regimes was based exclusively on the type
of crime committed and the length of the sentence as opposed to a thorough individual
assessment of each individual to determine the security risk he or she may pose and his or
25
26
27
28
Nelson Mandela Rules, rules 4 and 23 (1) and (2), and the European Prison Rules, rules 25.1 and 27.
Nelson Mandela Rules, rule 109.
Ibid., rule 4.
Ibid., rule 105.
15
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