CAT/OP/ROU/1
solitary confinement should be strictly prohibited when their disabilities would be
exacerbated by such measures.
9.
Instruments of restraint
104. The delegation is concerned at information that in Iasi prison instruments of restraint,
that is, handcuffs and “T devices” whereby hands and ankles are cuffed and interlinked by a
chain, were imposed on some detainees placed in solitary confinement and that instruments
of restraint were systematically imposed on detainees classified as “high risk” for all
movements outside their cell. The delegation notes that the use of such instruments is not
subject to a maximum time limit.
105. The Subcommittee recommends that the State party ensure that instruments of
restraint are never applied as a punishment, are used only if no lesser form of
controlling an actual risk is available and are removed as soon as possible. 32
10.
Contact with the outside world and visits
106. The delegation observed that in Giurgiu and Aiud prisons, periodic conjugal visits
were at times restricted for detainees in closed and maximum security regimes. In Poarta
Alba prison, detainees between the ages of 18 and 21 told the delegation they were not
entitled to conjugal visits. In all prisons visited, unmarried detainees said it was difficult,
expensive and complicated to obtain the notarial act necessary to be eligible for conjugal
visits.
107. The Subcommittee recommends that the State party ensure that all detainees
can have, without discrimination, conjugal visits, irrespective of their regime or type
of unit. The State party should also consider simplifying the procedure and the
requirements to enable conjugal visits for unmarried couples and same-sex partners.33
11.
Transfer of prisoners
108. The delegation is concerned about the means of transportation used to transfer
women and children detainees from one facility to another. In the van used for transport, in
an effort to keep them separated from men, women and children are placed in a small cagelike box measuring about 1 square metre, without any ventilation, heating, water or food,
for journeys that can occur often and can be extremely long (up to 12 hours). The
Subcommittee considers that such transfers fall short of a humane system of transportation.
109. Furthermore, persons suffering or suspected of having contracted infectious diseases
were not kept separated from other detainees during the transfer and no preventive measure
was used to avoid the transmission of infectious diseases.
110. The Subcommittee recommends that the State party review the modes of
transportation of prisoners, in particular for women and children, to ensure that
detainees are not subject to unnecessary physical hardship, and to prevent the
transportation of healthy detainees together with detainees suffering from infectious
diseases.
C.
Centres for migrants and asylum seekers
111. The delegation visited two open accommodation centres for asylum seekers, one in
Giurgiu and one in Bucharest, which did not raise any concerns.
112. It also visited the specialized immigration detention facilities (the Otopeni Detention
Centre for Foreigners in Bucharest), which was housing 42 persons at the time of the visit;
maximum capacity for the centre is 164. The delegation found that persons accommodated
at the centre were generally locked up all day in their room, with minimum contact with
other residents and staff. The Subcommittee notes that the confinement of migrants,
32
33
Ibid., rules 43 and 47–49.
Ibid., rule 58.
17
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