collaborators with other specializations than permanent employees (physicians,
psychologists, social workers) may also take part in the visits, for both the central
structure and the territorial structure, based on service agreements.
Within the visits, the management of visited detention places must provide
support to the visit team and meet its members, provide the requested documents or
information so as to meet legal attributions; the visit team may have meetings with
any person who is deprived from freedom, with his/her approval or the approval of
his/her legal representative, ensuring their confidentiality; no one can be made
liable for the information provided to members of the visit team.
The findings of the visit are included in a Report which may be accompanied
by Recommendations if irregularities are found. If infringements of human rights
through torture or cruel, inhuman or regarding treatment are found, resulting in an
imminent risk for the life or health of an individual, a Preliminary Emergency
Report is drawn up. The People’s Advocate has the obligation to immediately
notify judicial bodies when establishing the existence of signs regarding the
perpetration of facts provided by criminal law, when exercising his/her attributions.
► The first approaches for the harmonization of the provisions of Law
no. 35/1997 on the Field regarding prevention of torture (NPM) with the
provisions of the Optional Protocol were initiated starting 2016, to fulfil the
preventive mandate of NPM.
Thus, the Legislative Proposal to amend and supplement Law no. 35/1997 on
the organization and operation of the People’s Advocate Institution, as well as to
amend art. 16 (3) of Law no. 8/2016 on the establishment of mechanisms stipulated
by the Convention on the rights of persons with disabilities (P1-x no. 1/2018)
included changes regarding the organization and operation of the Field regarding the
prevention of torture, mainly dealing with:
- replacing the name of Field regarding the prevention of torture in detention
places with the one of National Torture Prevention Mechanism and its regulation as a
distinct structure from other fields of activity of the People’s Advocate Institution;
- drawing up an annual report on the activity of the National Prevention
Mechanism, separate from the annual report of the People’s Advocate;
10
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