alternative to detention (the case law of the European Court of Human Rights O.M. V. Hungary (no. 9912/15).
Therefore, detention, as deprivation of freedom, should be an exceptional, lastresort measure, stipulated in national legislation and only applied when absolutely
required, proportional to a legitimate purpose, assessed under the particular
circumstances of the case and in compliance with human rights.
Individuals who are deprived from freedom are the most likely to be subject to
torture and other ill treatment, since detention places are, by definition, closed from
the outside world. With no independent external monitoring, such abuses may occur
at any time. Therefore, the more open and transparent detention places are, as they
take visits, the less abuses we shall have.
Article 1 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (adopted in New York on December 10,
1984 and ratified by Romania through Law no. 19/1990) definestorture as“any act
by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person has
committed or is suspected of having committed, or intimidating or coercing him or a
third person, or for any reason based on discrimination of any kind, when such pain
or suffering is inflicted by or at the instigation of or with the consent or acquiescence
of a public official or other
person acting in an official capacity. It does not include pain or suffering arising
only from, inherent in or incidental to lawful sanctions.”
According to the Special Rapporteur of the UN on torture, Sir Nigel Rodley,
the conceptions of the international society on deprivation of freedom must be
subject to radical changes. The basic paradigm, accepted for at least a century, is
that prisons, police offices and similar institutions are closed and secret places, whose
internal activities are hidden from the public view. (...) The opaqueness paradigm
must be replaced by transparency. The presumption must be of open access to all
places where deprivation of freedom takes place.
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