Convention, a bilateral treaty derogating from those articles would represent
a derogation from the Convention.
was
tortl
344. On article 6 of the Convention, it was observed that the provision of the
Romanian Code of Penal Procedure to the effect that it was for the prosecutor
to notify the detention order to the diplomatic mission of the person charged
did not seem to be consistent with article 6, paragraph 3, of the Convention.
Clarification was also sought concerning the measure whereby a person
suspected of an ordinary offence could be compelled to remain in his locality
of usual residence. Details were also requested concerning the procedures for
extending the limit on police custody of 24 hours.
351.
asks!
Romal
was I
obta:
what
352.
requE
345. Referring to article 8 of the Convention, members of the Committee asked
whether the provisions of that article were directly applicable in Romania.
346. In connection with article 9 of the Convention, information was requested
on the specific procedures for mutual judicial assistance. It was asked
whether Romania had concluded extradition treaties with countries to which it
was not bound by an international convention.
347. With regard to article 10 of the Convention, stress was laid on the
particular importance of that article in the light of the situation in
Romania, where education and training represented means of changing attitudes
impregnated with the after-effects of the old regime and spreading a genuine
human rights culture to all levels. Members of the Committee asked whether
there were training programmes for medical personnel.
348. On article 11 of the Convention, information was requested on
interrogation procedures and whether incommunicado detention was authorized.
Details were requested on the procedures for supervision of acts in criminal
proceedings. Questions were asked about the role and respective spheres of
competence of the prison administration and the Office of the Public
Prosecutor in the conduct of periodic inspections to ascertain whether prison
establishments conformed to legal provisions.
349. With regard to artiCles 12 and 13 of the Convention, details were
requested about the status and functions of the prosecutor and the means at
his disposal to take action against abuses by prison service personnel.
Details were also requested about the procedures for lodging complaints in the
event of torture. It was asked whether the police had ever been called upon
to take action in the case of a complaint of torture. A question was asked
about the number of proceedings initiated against police officers and the
sentences handed down. It was noted that Romanian legislation did not provide
for special measures to ensure the protection of complainants or witnesses
against ill-treatment.
350. In connection with article 14 of the Convention, clarification was
requested concerning the compensation and rehabilitation offered to torture
victims. Clarification was also sought concerning the direct responsibility
of the State in cases of torture perpetrated by its agents. Questions were
asked about the possibility for a criminal court to rule on a civil action,
and it was asked whether the victim could appeal to the court if the
prosecutor decided not to initiate proceedings for lack of evidence. Emphasis
353.
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75 pel
deputi
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being
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354. W
out th
his le
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355. I
that a
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