“It is the responsibility of the State to ensure that it has in place an NPM
which complies with the requirements of the Optional Protocol” (CAT/OP/12/5,
paragraph 2) and
“The mandate and powers of the NPM should be in accordance with the
provisions of the Optional Protocol” (CAT/OP/12/5, paragraph 6),
by Order no. 8 of February 14, 2018 on the observance of the provisions
of the Optional Protocol (OPCAT) on the preventive mandate of the Field
regarding prevention of torture in detention places, following the observance of
the preventive mandate of the Field regarding prevention of torture in detention
places in the exercise of the powers of the National Prevention Mechanism, the
reactive role and its powers in terms of preventing torture in detention places,
respectively performing systematic visits in the places where persons are deprived
from freedom, so as to prevent torture and inhuman or degrading punishment or
treatment, based on art. 1 of OPCAT, corroborated with art. 35 of Law no. 35/1997,
republished,
The People’s Advocate Institution decided that the petitions regarding
acts of torture, cruel, inhuman or degrading treatment in detention places
submitted to the People’s Advocate Institution should no longer be solved by the
Field regarding prevention of torture in detention places and shall be solved,
depending on the notified issues, by the other fields of activity of the People’s
Advocate Institution that fulfil a reactive role. On an exceptional basis, the
People’s Advocate Institution may decide that some petitions regarding acts of
torture, cruel, inhuman or degrading treatment in detention places shall be
solved by the Field regarding prevention of torture in detention places.
►As for maintaining contact with the Subcommittee for the prevention of
torture, we mention the correspondence with Ms Mari Amos - member of the
Subcommittee for the prevention of torture and head of the Regional European Team,
whereby the NPM Activity Report for 2016 was submitted, and she found that: ●
NPM actively organized and took part in various events, both on an internal and
international level; ● the proactive approach of NPM referred to NPM’s activity in
claiming its own rights, proposing and negotiating changes to its law of operation and
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