e) the freedom to choose the places they want to visit and the persons they
want to have meetings with.
3. According to Law no. 35/1997, republished:
- art. 40 par. (1) and art. 41 par. (1) and (5): the visited institutions must
provide the representatives of the visit team, according to the law, before, during or
after performing the visit, with any documents or information available to them or
which they can obtain, requested by them with a view to fulfilling their legal
attributions; for the fulfilment of such attributions, the members of the visit team may
have confidential meetings with any person deprived from freedom within the visited
institution, and the names and other personal data of the interviewed person can only
be made public with the prior written approval of the latter or of its legal
representative.
- art. 23: The People’s Advocate and his deputies have access, according to the
law, to the classified information held by public authorities, provided that they think
it is required to solve the petitions that have been addressed, as well as the notices ex
officio and the announced or spot visits they perform to fulfil the specific attributions
of the National Mechanism for the Prevention of Torture in Detention Places. The
People’s Advocate has the obligation not to disclose or make public the information
or secret documents he has had access to. This obligation is maintained after the end
of his activity as the People’s Advocate and is extended to his deputies, as well as the
staff under his services, under the sanction stipulated by criminal law.
4. The Protocol of Istanbul makes reference to the central role of
psychological assessment in the identification of torture and other cruel, inhuman or
degrading treatment and sets out that psychological assessments may provide critical
evidence of abuse among victims of torture, for several reasons: torture frequently
causes devastating psychological symptoms; torture methods are frequently designed
not to leave physical marks; physical methods of torture may result in physical
findings that may resolve or be non-specific.
Based on the answer of the General Inspectorate for Immigration, the
requested documents may be provided by the representatives of the nongovernmental organization, in compliance with the relevant legal provisions,
42
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