Freedom deprivation means any form of detention or imprisonment or
placement of a person in a public or private detention place that s/he cannot leave
at his/her own will, by decision of any judicial, administrative or other authority. The
following are detention places or, as the case may be, places where the People’s
Advocate Institution exercises its powers on torture prevention: ● penitentiaries,
including hospital penitentiaries; ● educational centres, detention centres, preventive
detention and arrest centres; ● residential services for minor people who have
committed crimes and are not criminally responsible; ● psychiatric hospitals and for
safety measures and psychiatric hospitals; ● transit centres; ● centres for the
accommodation of aliens in public custody subordinated to the General Inspectorate
for Immigration; ● special centres for the reception and accommodation of asylum
applicants subordinated to the General Inspectorate for Immigration; ● centres where
support services are provided to drug users in a closed system; ● any other place
meeting the requirements for a detention place or included in the health system or the
social care system.
Moreover, monitoring also refers to private detention places, and, “if the
visited institution does not comply, the People’s Advocate or the deputy of the
People’s Advocate for the field regarding prevention of torture in detention places, as
the case may be, shall notify this to the hierarchically superior authority or the local
or central public administration authority that issued the operating permit, forprivate
detention places and may take action based on the provisions of the Law and the
Rules of Organization and Operation of the People’s Advocate Institution (art. 44
par. (3) of Law no. 35/1997, republished).
Therefore, the centres in the social assistance system, i.e. the centres for
elderly persons in the presented case, are subject to the monitoring of the field
regarding prevention of torture (NPM), considering:
1. the compliance with art. 4 of OPCAT and art. 34 par. (1) of Law no.
35/1997, republished, i.e.: the existence of a decision of a legal, administrative or
other kind of authority, respectively the request or with the explicit or implicit
approval of the individual
2. the inclusion in the social assistance system, as listed by art. 34 (j) of Law
35
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