The People’s Advocate Institution considers that the suspension of the right to visit, as a disciplinary sanction, is not proportional with the legitimate purpose seen from the perspective of the relation between the general claimed interest and the individual interest. Therefore, considering its general competence in terms of protecting human rights and freedoms, the People’s Advocate institution holds that the provisions 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 go against the provisions of art. 26 of the Constitution regarding private and family life and art. 53 on the restrained exercise of some rights and freedoms, compared to art. 8 of the Convention for the protection of human rights and fundamental freedoms, since a fair balance is not maintained between concurrent interests, i.e. the state’s interest for public order, and the individual’s interest in guarantees for his/her private and family life. ► in the context of the provisions of art. 98 of the Government Emergency Ordinance no. 194/2002 on the status of aliens in Romania, republished, stipulating that removal under escort is monitored by national, international and non-governmental organizations and bodies with attributions in the field of migration, and the assessment reports drawn up pursuant to such activities are sent to the People’s Advocate, we take note of the reports sent by the Romanian National Council for Refugees Foundation (CNRR) regarding the monitoring of forced return under escort on the Romanian territory of migrants staying illegally, performed by the General Inspectorate for Immigration. Regarding these, the People’s Advocate Institution asked the General Inspectorate for Immigration to inform on the decided actions. Thus, we take note of the CNRR Monitoring Report stipulating that the General Inspectorate for Immigration forcedly removed five migrants (two from the Socialist Republic of Vietnam and three from Sri Lanka, of which a woman) from the Romanian territory, by escorting them to the border point on the Henri CoandaOtopeni International Airport. 49

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