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361. Turning to article 14 of the Convention, the representative explained
that the State could bear civil liability for acts committed by its agents. A
victim of an act of torture could lodge complaints to the Attorney-General of
the Republic. In general, criminal proceedings were applicable against the
State and the person found guilty.
362. With regard to article 15 of the Convention, the representative stated
that the provisions of that article were directly applicable in Romanian law.
Any confession could subsequently be retracted or invalidated by other
evidence, and was not regarded as irrefutable evidence. Confessions obtained
under duress were null and void.
363. Concerning article 16 of the Convention, the representative pointed out
that although the existing law on penitentiary institutions was old, it
conformed to the provisions of relevant international instruments in a number
of respects, such as the separation of men and women and the treatment of
minors.
Concluding observations
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364. In concluding the consideration of the report, the Committee commended
the Government of Romania for its determination to comply with the Convention,
as evidenced by the new institutions and legislation introduced, and wished it
success in overcoming the problems left by the former regime. The Committee
noted in that connection that education about human rights was needed to
combat those problems in order to make changes that were irreversible. It
thanked the Romanian delegation for its comprehensive answers to the
Committee's questions. The Government of Romania was requested to provide, in
its next periodic report, information on measures taken in order to put an end
to the legacy of the former regime, which could still be seen in prison
conditions and the behaviour of the police.
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