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Romania
339. The Committee considered the initial report of Romania (CAT/C/16/Add.1)
at its Illth and 112th meetings, on 1 May 1992 (CAT/C/SR.lll and 112).
340. The report was introduced by the representative of the State party, who
referred to the amendments incorporated in the Penal Code and the Code of
Penal Procedure, and to the adoption of the new Constitution in
December 1991. He said that the work of legislative reform was continuing,
particularly with regard to the organization of the judicial system, the
execution of penalties and the introduction of new, non-custodial types of
penalty. He stated that specialized human rights departments had been set up
within various ministries and the Public Prosecutor's Office, together with an
interministerial committee responsible for coordination between those
departments. He mentioned the activities of non-governmental organizations in
the area of human rights; despite those positive changes, however, there were
regrettably still some after-effects of the old regime and abuses by state
officials.
341. The members of the Committee congratulated the Romanian Government on the
quality of its report which, although relatively brref, showed that Romania
had indeed adapted its legislation to the Convention. They expressed their
satisfaction at finding that Romania had faithfUlly incorporated in its
legislation the terms used in the Convention to define torture, and had
established appropriate penalties for the offences provided for. By
incorporating the Convention in its legislation word for word, Romania had
acquired the best possible means of combating torture. . The members of the
Committee also expressed their appreciation for the frankness with which the
Romanian authorities had acknowledged the continued after-effects of the old
regime. In that connection, some members of the Committee emphasized that
attitudes still had to be changed, particularly with regard to conditions of
detention and among the police, and stated that they had received reports of a
number of individual cases of ill-treatment. Members of the Committee
requested further information of a general nature, in particular on the
organization of the judicial system and the court hierarchy in Romania, on the
competence of the military courts, on the status of the jUdiciary and the
appointment and dismissal of judges and prosecutors, on relations between the
legislature, the executive and the judiciary in accordance with the provisions
of the new Constitution, on the role of the People's Advocate, and on the
organization and powers of the police forces. Clarification was also sought
concerning the procedure which had led to the dismissal of several thousand
policemen and a number of prosecutors or judges, and the amnesty granted to
former political prisoners. Statistical information was requested on specific
cases of torture and other ill-treatment.
342. In connection with article 3 of the Convention, members of the Committee
requested clarification concerning the possibility of appealing against an
expulsion order or being granted a stay of execution.
343. With regard to article 5 of the Convention, members of the Committee
requested details concerning the application of the principle of universal
competence in Romanian law. It was noted in particular that, given the fact
that articles 5 and 6 of the Penal Code were in conformity with the
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