A/HRC/4/33/Add.2
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sessions on detention, torture and crowd control. NA has received briefings on the question of
torture primarily in the context of training on international humanitarian law.
Romania
Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to
Romania in April 1999 (E/CN.4/2000/9/Add.3, para. 57).
492.
The Government provided information by letter dated 17 January 2007.
493.
The Special Rapporteur notes with satisfaction that many positive steps have been
taken with regard to bringing criminal and criminal procedure legislation in compliance with
international standards, including the introduction of safeguards against torture. He also
welcomes that the number of inmates in penitentiary institutions has decreased. However, in this
regard he observes that the ratio inmates/population remains high, 160 persons deprived of
liberty/100 000 population according to the Council of Europe (see at
http://www.prisonstudies.org), and encourages the Government to take further steps. He also
welcomes the efforts in areas of training and awareness-raising about torture prevention. With
regard to monitoring of places of detention by independent monitors, the Special Rapporteur
notes that Romania has signed the Optional Protocol to the Convention against Torture on 24
Sep 2003. He calls on the authorities to secure its ratification as soon as possible and to put in
place fully independent and adequately resourced national prevention mechanisms.
494.
Recommendation (a) stated: As a matter of immediate priority, action should be
taken to remove from confinement in detention centres on remand all persons detained in
excess of the officially proclaimed capacity of existing institutions. This recommendation
could probably be substantially achieved by ordering the release pending trial of all nonviolent first-time offenders.
495.
The Government informed that Act no. 275/2006 “On the execution of sentences and
measures taken by the judicial authorities during criminal proceedings” establishes special
sections for preventive detention within penitentiaries. It also prescribes that preventive
temporary police detention during criminal investigation must be executed in special facilities
for preventive temporary detention under the authority of the Ministry of Interior and
Administration. Preventive detention during trial proceedings is administered in special facilities
under the authority of the National Administration of Penitentiaries (under the authority of the
Ministry of Justice).
496.
In order to eliminate overcrowding at temporary police detention facilities, a protocol
was concluded between the Ministry of Administration and Interior and the National
Administration of Penitentiaries (under the authority of the Ministry of Justice), regulating the
transfer of convicted persons to penitentiaries. Following amendments to the criminal procedural
legislation, the following categories of offenders can be investigated without detaining them:
minor offenders, first time offenders and persons who committed non-violent crimes who do not
pose a concrete threat to public safety. The responsibility to order pre-trial arrest was passed
from the prosecutor to the judge.
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