CAT/OP/ROU/1/Add.1
Against the measures taken by the prison, relating to the exercise of the rights
provided for in Law no. 254/2013, the convicted persons may file complaint to
the judge for supervising the deprivation of liberty, within 10 days from the date
when they became aware of the action taken, in accordance with the Law.
We would like to underline that the mechanism for the protection of detainees
was repeatedly appreciated by the European Court of Human Rights as being an
efficient protection mechanism. In this sense, the Strasbourg Court has found that
a complaint filed to the judge for supervising the deprivation of liberty is an
efficient remedy in the situations in which they refer to specific aspects of
serving the custodial sentences, e.g. the access of a detainee to medical
assistance, disciplinary measures, harassment of a detainee because of his/her
ethnical origin3. Such an internal mechanism was appreciated by the European
Court at Strasbourg as being in concordance with the admissibility criteria of
an individual application, stipulated by the article 35 paragraph 1 in the
European Convention for the Protection of Human Rights and Fundamental
Freedoms. Therefore, the complaint filed to the judge for supervising the
deprivation of liberty and, subsequently, the appeal before the court against
the minute delivered by the judge for supervising the deprivation of liberty
shall be deemed domestic remedies in the sense of the European Convention
which a person deprived of freedom must exhaust before applying to the
European Court of human Rights.
At police level, first of all, we underline that there is no subordination between
detention facility personnel and judicial police officers. Furthermore, as it has
already shown (see the answer provided at the recommendation of the paragraph
54 let. a) from the SPT report), the investigation is led by independent
professionals of magistrate status. Any such complaint is forwarded to the
competent prosecutor’s office and any actions executed by policemen are strictly
supervised by the prosecutor. Judicial police officers are held accountable to
prosecutors and are independent of their police hierarchical chiefs in judicial
matters, according to the provisions of Law no. 364/2004 on the organization and
functioning of the judicial police (especially art. 8 of this law).
Another relevant normative framework is that of the Government Ordinance no.
27/2002 on the regulation of the activity of solving petitions. Petition means the
application, the complaint, the referral or the proposal formulated in writing or
sent by e-mail, that a citizen or a legaly constituted organization may apply to the
public authorities and central and local public institutions, decentralized public
services of ministries and other central bodies, companies and national
corporations, comercial companies of the county or local interest, as well as
autonomous administrations.
In conclusion, any person, including the inmate, has the possibility to make
petitions addressed to the management body of the prison, to the judge for
supervising the deprivation of liberty, to the courts, to the NGOs which activate
in the field of defending human rights, the National Preventive Mechanism
within the institution of the Ombudsman, as well as to other public authorities
and institutions.
F. Health
Para. 60
As far as the aspects within the SPT report are concerned on the fact that “the
initial medical examination of persons deprived of liberty was superficial and the
description of the health status was incomplete”, we should clarify that upon
3
Decision on 17th December 2013, in the case of Szemkovics v. România, no. 27117/08, § 24, decision on 20 May 2014,
in the case of Matei v. România, no. 26244/10, § 36-39, inadmissibility decision on 2nd february 2016,
in the case of Șopârlă v. România, no. 76884/12.
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents