CAT/OP/ROU/1/Add.1 psychosocial assistance, as provided in the Regulation implementing Law no. 254/20132. When the decision concerning the set out or change of the execution regime is final, the inmates are accommodated in detention sections corresponding to the regime. The inmates who could represent a risk for the security of the prison are accommodated separately, in special designed rooms, on the maximum security sections. Also, the legislation in this matter foresees the possibility to accommodate separately, in special rooms, the vulnerable inmates and the vulnerable and threatened witnesses. We also mention that the persons convicted to an imprisonment punishment, who are investigated on remand in other case, are accommodated separately from the persons on remand on-going judgment. The separation of the inmates from prison-hospitals or infirmaries is made depending on medical criteria and the gender of the inmates. Concerning the new received inmates, these persons are accommodated in the quarantine and observation section, separately from the other inmates, in order to make the medical surveillance and for adapting, in 21 days, to the prison environment. We point out that there weren’t cases of common accommodation of the healthy inmates with the ones having risk of contagious diseases in the 7 visited prisons. D. Torture and ill-treatment As a general rule, as we mention in the section on Reprisals (para.9), the Criminal Code incriminates and punishes the submission to ill treatment (article 281) and the torture (article 282). Besides this, we also highlight the obligation to inform the judge supervising the deprivation of liberty of any intervention that could cause ill-treatment or torture: “Art. 26. Informing the judge for supervision of deprivation of liberty (Law no. 254/2013): Using the means of restraint and weapons, the temporary accommodation of the detainee in the protection room and the surveillance through cameras shall be brought, in writing, to the knowledge of the judge for supervision of deprivation of liberty”. Moreover, according to article 106 para.1 let. c) of the Law no. 254/2013: “The administration of each penitentiary shall draw up the register concerning the use of means of restraint, which records the year, month, day and hour of application and cessation of use of means of restraint, including the accommodation in the protection room”. In the case of physicians, obligations are also provided for the purpose of discovering and punishing acts of ill-treatment or torture: “Art. 162 Measures occasioned by finding traces of violence (Regulation implementing the Law no. 254/2013) (1) In case the medical examination establishes that a detainee shows signs of violence, the doctor shall have the obligation to document the findings in the medical record, to immediately notify the prosecutor and to inform the director of the penitentiary, the provisions of Article 159 (8) being applied accordingly. (2) In the cases provided in paragraph (1), the detainee shall have the right to request, in writing, to be examined by a forensic doctor or by a doctor outside the penitentiary administration system. (3) The findings of the doctor outside the penitentiary administration system are documented in the detainee's medical record, and the forensic medical certificate shall be enclosed to the medical record, after being notified of its contents, against signature. (4) The expenses for the medical examinations provided in paragraph (2) shall be borne by the applicant, unless it is established that the detainee does not have 2 Approved by Government Decision no. 157/2016. 13

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