allowed the establishment of state jurisdiction. Under article 4 of the
Romanian Extradition Law, the extradition of Romanian citizens, or of
non-Romanian citizens domiciled in that country, was not permitted.
Therefore, Romanian courts were competent to deal with the offences concerned.
356. In his reply concerning article 6 of the Convention, the representative
explained that the requirement for a suspect not to leave the area was a
purely preventive one, intended to ensure the suspect's presence during
investigations, and applicable for a maximum period of 30 days. Such measure
did not involve house arrest or surveillance.
351. In respect of article 8 of the Convention, the representative indicated
that its provisions were directly applicable in Romanian law. He added that
the bilateral extradition conventions in existence prior to Romania's adhesion
to the Convention normally provided for extradition to be granted in cases
involvi.ng a penalty of at least one or two years' imprisonment, and that
torture was covered in such provisions.
36:
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358. With regard to article 10 of the Convention, the representative agreed
that much needed to be achieved in that regard and that Romania must strive to
overcome its shortcomings where application of that article was concerned.
359. Referring to article 11 of the Convention, the representative
acknowledged that Romania still faced great difficulties in funding
improvements in many spheres, including penitentiary institutions. Some
42,000 detainees were held in premises whose total capacity was 30,000.
However, efforts were being made to improve conditions, and the administration
of prisons had been transferred in 1991 from the Ministry of the Interior to
the Ministry of Justice. A new law on sentencing was being drafted, which
would conform to relevant international provisions. Regarding the supervision
of criminal proceedings, the representative provided information on the tasks
of the prosecutor as laid down in the Code of Penal Procedure. He referred to
the several types of prosecutors, each with his special field of supervisory
expertise. The Code of Penal Procedure set forth rules for the administration
of evidence during criminal proceedings, but contained no detailed rules
regarding interrogation tactics. Monitoring of prisons or police premises
used for preventive detention usually took place on a monthly basis. In
addition, supervision was carried out by the prison authorities and by jUdges.
360. Concerning articles 12 and 13 of the Convention, the representative
explained that the military court was competent to deal with complaints
against police and other officers. The prison administration was required to
inform the prosecutor immediately in the event of a detainee lodging a
complaint. There were no specific regulations to protect complainants or
witnesses but the provisions of the Code of Penal Procedure regarding threats
and ill-treatment were applicable in such cases. Furthermore, new legislation
was envisaged in that regard. As to the role of the police concerning
criminal proceedings in cases of torture, the representative said that the
police never conducted criminal proceedings in such serious cases, since the
prosecutor himself was entrusted with investigation. He added that many
non-governmental organizations submitted reports containing allegations of
abuses. The Ministry involved monitored the cases, tried to resolve them and
replied to the non-governmental organizations. Some 15 cases of official
misconduct were currently under investigation.
-66Digitized by Dag Hammarskjöld Library
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