par. 1 and 2 of the Criminal Code (i.e. the previously mentioned file on the dismissal
ordinance).
V. Actions for the dissemination of the attributions of the field regarding
prevention of torture in detention places (NPM), taking part in
conferences, national and international symposia, staff training
It is remarkable that the idea of external and independent monitoring of
detention places has developed in the last years, and, currently, there is a wide
acceptance of the conception that one of the best protections against torture and ill
treatment is the highest transparency of detention places, with the possibility of
regular access of the respectable members of the society. As stated by professor Theo
Van BOVEN, Special Rapporteur of the United Nations (UN) on torture,
“monitoring detention places by independent bodies with relevant qualification is
one of the most efficient ways to fight the practice of enforcing torture and ill
treatment” (Monitoring detention places – Practical Guide, APT, Geneva, 2004,
printed by Vicandis-Lux SRL, p. 14 and p. 7).
The implementation of this idea resulted in the adoption, on December 18,
2002, in New York, of the Optional protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted on December
10, 1984 in New York (hereinafter referred as the Optional Protocol), aimed at
establishing a system of systematic visits performed by international and
national independent bodies where persons are deprived from freedom, with a view
to preventing torture and ill treatment, based on art. 1 of the Protocol.
“Torture refers to different type images, becoming a deforming mirror of our
society,
combining
violence,
sadism,
brutality,
desire
of
power.”
(RuxandraCesereanu, Panopticum. Eseudespretorturăînsecolul XX, 2nd edition
revisited, Polirom, 2014, p. 21). In the attempt of providing a definition of the
concept of torture, the analysts of this phenomenon used various terms such as:
aggression, violence, wound, intense punishment, the quantitative art of suffering,
etc. (RuxandraCesereanu, op. cit., p. 13).
60
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