A/HRC/4/33/Add.2
Page 93
police officer against whom charges have been brought who is on temporary release on bail can
work only with the approval of the head of the police unit. A police officer under preventive
detention is suspended from duty and has to hand over his weapons, the police identification card
and badge.
522.
According to Act no. 293/2004 “On the Status of Public Officers of the National
Administration of the Penitentiaries due to the reorganization of the General Directorate of
Penitentiaries and its units”, the military staff then serving had to take an early retirement.
Subsequently new officers were appointed to serve in the system of the penitentiaries
administration. An officer of the penitentiary administration against whom charges have been
brought who is on temporary release on bail, can work only with the written approval of the head
of the unit. The officer continues to be paid according to his professional background but at the
basic level of salary. When in preventive detention, an officer of the penitentiary administration
is suspended from his duties and does not enjoy any rights foreseen by the aforementioned law
(see also E/CN.4/2006/6/Add.2, para 206).
523.
According to the Emergency Ordinance no 56/2003, complaints made by persons
deprived of liberty are brought to the attention of the courts where places of detention are
assigned.
524.
Recommendation (l) stated: Priority should be given to enhancing and strengthening
the training of all police officials, including non-commissioned officers; the Government
should give consideration to requesting assistance from the Office of the High
Commissioner for Human Rights to train police officials.
525.
See response under (d).
526.
Recommendation (m) stated: Given the numerous reports of inadequate legal
counsel provided by ex officio lawyers, measures should be taken to improve legal aid
services.
527.
The Government informed that, following the conclusion of a Protocol between the
Ministry of Justice and the National Union of the Lawyers of Romania, on 23 June 2005,
financial expenditures for ex officio lawyers have increased significantly. Moreover, judicial
assistance has been extended to all fields, including individual complaints against the state.
528.
Recommendation (n) stated: Legislation should be amended to allow for the
presence of legal counsel in the first 24 hours of detention prior to the issue of an arrest
warrant; moreover, police need to be issued guidelines on informing criminal suspects of
their right to defence counsel.
529.
The Government informed that, according to article 6 of the Criminal Procedure Code,
the judicial authorities , including police officers, have the obligation to inform the suspect or the
accused immediately, before his interrogation, about the charges brought against him, the legal
qualification of the charges, his/her rights, including the right to be assisted by a defence lawyer.
The minutes of interrogation have to expressly record the above mentioned obligation.
Furthermore, according to the provisions of article 137 (1-1) of the Criminal Procedure Code, the
person detained or arrested is immediately informed about the reasons of his/her arrest. The
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