CAT/OP/ROU/1
her vulnerability or special needs. In addition, the delegation is seriously concerned that in
some penitentiaries, such as Iasi prison, children and young persons (18–21 years of age)
are detained in maximum security sections. The regime in such sections, with significant
high risks of violence, are totally inappropriate for children and young persons and are not
relevant for such detainees.
97.
The Subcommittee recommends that the State party revisit its system of
classifying convicted detainees into different regimes, with a view to taking into
consideration all relevant aspects of a prisoner’s personality in addition to the type of
crime committed and the length of the sentence. The Subcommittee urges the State
party to stop immediately detaining persons under 18 in maximum security sections
and find alternatives to detention or place them in semi-open regimes if necessary.
7.
Disciplinary punishment
98.
Many inmates interviewed by the delegation complained about the excessive use of
sanctions, which at times were deemed disproportionate to the act committed. The
delegation was disturbed by testimonies of children who had been punished, including
physically, when they denounced their living conditions, asked for a medical visit or
complained of violence or abuse. The delegation noted with grave concern that persons
attempting suicide, inflicting self-harm or going on hunger strikes were sanctioned because
they were in breach of house rules and that collective punishment appeared to be used in
some facilities. Finally, children and young persons detained in maximum security sections
are given the same sanctions by the prison administration as adults for breaches of
discipline.
99.
In Iasi prison, detainees had the impression that they were sometimes placed on
purpose in cells with detainees they were not getting along with in order to trigger disputes,
which would then be sanctioned.
100. The Subcommittee recommends that the State party encourage the use of
alternative dispute resolution mechanisms in detention facilities to prevent
disciplinary offences and resolve conflicts. Suicide attempts, self-harm and hunger
strikes should be understood as a manifestation of psychological distress requiring
special attention and support instead of constituting a breach of disciplinary rules.
The State party should ensure that sanctions are proportionate to the act and take
into consideration the age and vulnerability of the detainees, and that prisoners have
the opportunity to defend themselves. 29
8.
Solitary confinement
101. The delegation witnessed that persons were often placed in solitary confinement for
breaches of house rules, even minor ones, and that such placements, although limited to a
maximum of 10 days, and recorded as such, were at times repeated within a short period.
102. The delegation also observed with concern that some detainees with mental
disabilities were placed in solitary confinement, sometimes as a protection measure or to
alleviate overcrowding.
103. Given its devastating effect on physical and mental health, solitary confinement
should be used only in exceptional cases, as a last resort, for as short a time as possible
and pursuant to authorization by a competent authority, and should be subject to
independent review. 30 The State party should ensure that solitary confinement
remains exceptional and that inmates are never placed in solitary confinement for
prolonged periods of time (i.e. in excess of 15 consecutive days), including for
consecutive placements separated by a few days. Means of restraint should be
resorted to on an exceptional basis and should never be used as a disciplinary
sanction.31 The placement of persons with mental disabilities in conditions similar to
29
30
31
16
Ibid., rules 36–43.
Ibid., rules 43–46.
Ibid.
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