I. The Organization, Operations and Attributions of the Field Regarding
Prevention of Torture in Detention Places
The idea of double - international and national - monitoring of detention
places first appeared in OPCAT, which sets out that “every state party established,
appoints or maintains at a national level one or several visiting bodies for the
prevention of torture and inhuman or degrading treatment or punishment (hereinafter
referred to as national prevention mechanisms)”.
The People’s Advocate institution, through the Field regarding torture
prevention in detention places, was appointed as the only national body
exercising the specific attributions of National Torture Prevention Mechanism
in detention places, as per the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(according to the Government Emergency Ordinance no. 48/2014 on the amendment
and supplementation of Law no. 35/1997 on the organization and operation of the
People’s Advocate Institution, as well as the amendment and supplementation of
legislative acts, approved by Law no. 181/2014).
The field regarding the prevention of torture in detention places monitors
the treatment applied to people in detention places in a regular manner, so as to
reinforce their protection against torture and inhuman or degrading
punishment and treatment and against the exercise of their fundamental rights
and freedoms, without discrimination, by:a) performing announced or spot
visits to detention places with a view to checking detention conditions and the
treatment applied to persons deprived from freedom;b) suggesting actions to the
management of the visited detention places pursuant to such visits;c) making
proposals to amend and supplement relevant legislation or remarks on relevant
legislative initiatives;d) drawing up a draft for the section regarding prevention
of torture from the annual activity report of the People’s Advocate;e) making
proposals and remarks on the elaboration, change and supplementation of
public strategies and policies in the field of prevention of torture and inhuman or
degrading punishment or treatment, according to the law;f) keeping in contact with
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