The European Court of Human Rights has established the “assumption of
seriousness” – a use of physical force is per se a “minimum seriousness” required so
that art. 3 of the Convention for the Protection of Human Rights and Fundamental
Freedoms is deemed to be infringed: Any use of physical force against a person in a
state of inferiority, as deprived from freedom, affects human dignity and is forbidden
based on art. 3 of the Convention and “the integrity of a person benefits from
absolute guarantee even in the most difficult circumstances, such as fight against
terrorism and organized crime”.
Based on art. 35 h) of Law no. 35/1997 on the organization and operation
of the People’s Advocate Institution, republished, one of the attributions of the
Field regarding prevention of torture in detention places (NPM) is to coordinate
the organization of information, education and training campaigns with a view
to preventing torture and cruel, inhuman or degrading punishment or
treatment.
In order to enhance the awareness of authorities coordinating units subject to
NPM monitoring, regarding the prevention of torture and ill treatment, NPM
members have perform extensive dissemination in 2018.
The
following
were
presented within events: The NPM activity report for 2017; concepts such as human
dignity, torture, inhuman treatment, degrading treatment and prevention of torture;
legislation on torture prohibition and prevention; suicide; compliance with minimum
quality standards; aspects found by NPM during the performed visits;
recommendations to the visited units.
Thus, the organized events also provided training to staff members working in
places where persons are deprived from freedom, as per art. 4 of the Optional
Protocol to the Convention against torture and other cruel, inhuman or degrading
treatment or punishment.
Furthermore, with a view to identifying support possibilities from NPM, the
meetings included discussions on the issues faced by the concerned units, such as:
- at the level of General Directorates for Social Assistance and Child
Protection: • insufficient specialized staff, mainly due to the absence of specialists on
the labour market, unattractive salaries and improper work conditions (this was seen
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