► in 2018, the People’s Advocate Institution directly notified the Constitutional Court, upon initiative of the deputy of the People’s Advocate who coordinates the Field regarding prevention of torture in detention places on the nonconstitutionality of art. 101 par. (1) e) of Law no. 254/2013 on the execution of punishments and freedom-depriving measures decided by judicial bodies within the criminal trial, regulating the enforcement of the disciplinary sanction to suspend the right to visits, pursuant to the visit performed to the Bucharest-Jilava Penitentiary in 2017. Thus, the notice of the Constitutional Court held that scientific literature constantly emphasized that the suspension of the right to receive visits for no more than 3 months is a sanction to be applied to those who usually perpetrate infringements during the visits or have perpetrated serious infringements during their punishment. This sanction has been classified as severe, since the connection with the outside is extremely important for the convicted. The suspension of the right to receive visits, as a disciplinary sanction, reduces the likelihood of providing parole, as the condition regarding good conduct is not fulfilled. Keeping in contact with the family and engaging in work are factors determining the social reintegration of detainees. By way of consequence, based on art. 101 par. (1) e) of Law no. 254/2013, the detainees may be sanctioned with the suspension of their right to receive visits, for the perpetrated infringement, which implies suspending their contact with the family for some time. However, based on Rule no. 43(3) of the Minimum Rules of the United Nations on the treatment of detainees, disciplinary sanctions or restrictive measures do not imply forbidding contact with the family. Means of contact with the family can only be restricted for a limited time and as strictly provided to maintain order and safety. Including the right to receive visits in the category of rights that may be restricted and, implicitly, enforcing the disciplinary sanction consisting in the suspension of the visit right affect the detainees’ relations with their families and reduces the role of the post-release social inclusion of persons deprived from freedom. 48

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