A/HRC/4/33/Add.2
Page 94
arrested person has to be informed about the charges brought against him/her in the presence of a
defence counsel, at soon as possible. In the case of a preventive arrest of a suspect or accused,
the judge informs a member of his family or another person designated by the suspect or accused
within 24 hours. The same right applies to a person in police detention who can ask for a
member of his family or another person designated by him/her to be informed. Also, according
to article 143 (1-1) of the Criminal Procedure Code at the moment of arrest, the criminal
investigators have the obligation to inform the accused about his/her right to hire a defence
lawyer, as well as about the right not to make any declaration and to warn him/her that any
declaration he/she makes could be used against him/her.
530.
Recommendation (o) stated: The Forensic Institute should be placed under the
exclusive jurisdiction of the Ministry of Health, independent of the Ministry of the Interior
and the Ministry of Justice. All forensic doctors should be properly trained in identifying
the sequelae of physical torture or ill-treatment. The examinations of medical doctors
selected by the detainees should be given weight in any court proceedings (relating to the
detainees or to officials accused of torture or ill-treatment) equivalent to that accorded to
officially employed doctors having comparable qualifications. Protocols should be
established to assist forensic doctors to ensure that the medical examination of detainees is
comprehensive. Medical certificates should never be handed to the police or to the detainee
while in the custody of the police, but should be made available to the detainee once out of
their hands and to his or her lawyer immediately.
531.
The Government informed that the Forensic Institute is placed under the jurisdiction of
the Ministry of Health and is independent from the Ministry of Administration and Interior or the
Ministry of Justice. The director of the Institute of Legal Medicine in Bucharest, explained that
only a medical certificate issued by a forensic doctor is admissible in court. A medical certificate
obtained from a private physician or a civil hospital should, however, be taken into account by
the forensic doctor when issuing his/ her own certificate. Very few cases of police ill-treatment
are actually submitted to the Forensic Institute. In light of allegations that the police interferes in
the issuance of medical certificates, the alleged victim may also request the Forensic Institute to
issue a new certificate.
532.
Recommendation (p) stated: The Ombudsman should be granted powers to sanction
any official who refuses to cooperate with the investigation of a complaint. The Office of
the Ombudsman should be provided with the necessary financial and human resources to
carry out its functions. A public awareness campaign should be established to make the
public at large aware of the role that the Office can play in investigating complaints of
police abuse.
533.
The Government informed that the “People’s Advocate”, an Ombudsman type
institution, helps to settle disputes between natural persons and the public administration
authorities amiably, by mediation and dialogue. Such procedures specific to the Ombudsman do
not always yield the expected results, especially when the partners are not willing to have a real
dialogue or do not want to accept a compromise. The People’s Advocate is an institution of
mediation, of dialogue, without the right to impose sanctions (cancellations of acts, fines,
removal from office) or to ask that legal proceedings be initiated against public servants who
have infringed the law. The consolidation of the People’s Advocate institution, as a continuous
process, has been strongly supported by the Parliament of Romania.
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