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Recommendation no. 46/2019, regarding the necessary measures to be taken to
prevent possible incidents within the Bucharest-Jilava Penitentiary, by purchasing monitoring
equipment for the areas in which the detainees have access and which didn’t already have this
equipment fitted.
File no. 7517/2019 The complainant claimed that he was taken during a search in an
area where there is no video monitoring and was shown a series of objects whose possession
is forbidden (phones, batteries, balls containing substances that appeared to be hallucinogenic,
etc.), which he stated that they do not belong to him.
From the declarations of the complainant and of the staff, as well as from the
documents made available to the representatives of the People's Advocate Institution, it turned
out that on April 10, 2019, around 8:30 pm, an unannounced check was carried out at the room
where the fridges of the section were located. In the bag with food that the complainant kept
in the refrigerator were found several prohibited objects, the finding agent drawing up a
Discipline Incident Report with the proposal to initiate a disciplinary procedure which was
resolved with the Summary Report for investigating the disciplinary incident no. 125/April
18, 2019 and the Minutes of Confiscation of Prohibited Goods no. 48301/April10, 2019. On
April 25, 2019, the Prison Disciplinary Commission sanctioned the complainant with the
suspension of the right to receive and buy goods for a period of 30 days.
Against the Decision of the Disciplinary Commission the petitioner filed a complaint,
rejected as unfounded by the judge for supervision of the deprivation of liberty at the
Bucharest-Jilava Penitentiary.
Recommendation no. 9/2019 regarding the result of the investigation conducted at
the Găești Penitentiary for solving the file no. 325/2019.
The checks carried out concerned the improper accommodation conditions in the
Găești Penitentiary and the non-granting of medical assistance.
Recommendations were issued to the director of the Găești Penitentiary and to the
director of the National Administration of Penitentiaries in order to remove the effects
produced by the failure to provide medical assistance in the Găești Penitentiary, the failure to
ensure proper detention conditions, failure to constantly monitor the efficiency of the
measures taken for combating harmful insects (bed bugs) in detention rooms and avoid the
occurrence of similar situations in the future.
The Găești Penitentiary informed us that they have accepted the issued
recommendation, the medical assistance being insured starting with February 1, 2019, by a
specialist doctor of general medicine on the basis of a service contract.
File no. 13448/2019 The petitioner notified the situation he is facing, related to the
suspension of the driving license for a period of 90 days, for the contravention of exceeding
with more than 50 km/h the maximum speed allowed in the respective road sector for the
category of vehicle he drove, specifying that according to the legal provisions in force at the
time of committing the deed, stipulated by the GEO no. 195/2002, had the right to reduce the
period of suspension of the exercise of the right to drive to 30 days, and had promoted the
verification test of the theoretical knowledge on July 18, 2019, but his request was rejected
motivated by the entry into force, at the same date, of Law no. 130/2019 for amending and
supplementing GEO no. 195/2002 regarding the circulation on public roads.
The People's Advocate Institution addressed the County Police Inspectorate
Hunedoara, with regard to problems related to both the retroactivity of the law and the
application of the more favorable contravention law. The authority informed us that the
petitioner's request was reviewed and, by applying the more favorable law, was approved the
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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