being able to refuse, but when applied it is stigmatizing for the patient and can affect the
patient's state of mental comfort; ● in the Psychiatric Hospital for Safety Measures Săpoca, the
patients hospitalized in the legal departments were dressed identically, with green pants and a
black T-shirt, in order to be identified if they are trying to escape; we recall that the CPT, during
the visit in 2014 to this hospital, highlighted that the patients from the legal departments were
stigmatized, being obliged to wear uniforms in order to facilitate the searches in case of flight
and asked the Romanian state to stop these practices.
We note the case of a patient admitted to the Săpunari Psychiatric Hospital with "marks
left by handcuffs in his right hand", which occurred at the patient's home and at the hospital
from which he was transferred. These injuries may be the result of improper application of
immobilizers or lack of proper supervision of the person to whom they were applied. The NPM
team considers that a continuous training of the law enforcement bodies regarding the
application of the means of immobilization and their permanent observation is required, in
order not to affect the physical integrity and dignity of the handcuffed person. This aspect will
be taken into account during the NPM courses for the continuous professional training of the
staff of the detention and remand centers, as well as of the students from the School of Police
Agents4.
- penitentiaries: ● overcrowding (Craiova Penitentiary - Ișalnița Exterior Section,
Craiova Pelendava Penitentiary, Deva Penitentiary); ● inadequate accommodation conditions;
● the registers drawn up in the penitentiary were not filled in properly; for example, in the
Mărgineni Penitentiary: Register of traumatic injuries and self-aggression - the chronological
order of the notes was not observed, the calendar date was missing, the signature of the medical
staff who found the injury in case of several notes was missing; Register of consultations and
treatment - the signature of the person deprived of liberty to whom the treatment was
administered was missing, as well as the signature and initials of the prescribing doctor in some
cases; Register for monitoring food refusals - it was difficult to distinguish the date and time
of leaving this form of protest in some cases; ● the staff was insufficient; ● there was no
medical office arranged at the Ișalnița exterior section of the Craiova Penitentiary, and at the
Craiova Pelendava Penitentiary there was no infirmary; ● in the Craiova Penitentiary - Ișalnița
External Section, only a small number of courses for initiation, qualification, requalification,
training and specialization of detainees were organized; ● in Bistrița Penitentiary, disciplinary
sanctioning was practiced (even repeatedly of the same persons) in case of self-aggressive
behaviors (for example, an inmate who cut himself around the neck on two different days in
2019 was subject to two disciplinary sanctions proceedings, suspension of the right to work
and receipt of goods or making purchases), some of the sanctioned persons having a psychiatric
diagnosis; there were also cases of persons deprived of their liberty sanctioned disciplinary as
a result of suicide attempts;
Under this aspect, NPM recommended to ANP, in 2019, to notify the Ministry of Justice
regarding the examination of the provisions of Art. 82 lit. ț) and Art. 100 para. (2) of Law no.
254/2013 on the execution of sentences and custodial measures ordered by the judiciary during
criminal proceedings, with subsequent amendments and completions, regarding the prohibition
of acts of self-aggression, considered serious disciplinary offenses and sanctioned, in terms of
their harmonization with the CPT's recommendation to no longer impose disciplinary sanctions
for acts of self-aggression. Following the recommendation, ANP sent to the Ministry of Justice
a draft law for amending and supplementing Law no. 254/2013 (the revised form following the
analysis of the recommendations that involve legislative interventions formulated by CPT
4
such courses have been scheduled for 2020, but have been suspended in the context of the Covid-19 epidemic,
and will be resumed when the epidemiological situation allows it).
11
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