CAT/OP/ROU/1/Add.1
From the consultation records of the medical office, the medical examination
records of inmates transferred and the emergency consultation registers, resulted
that between 12.07 - 15.07.2016, and especially on the dates of 12 and 13.07 .2016,
several people examined showed different physical signs of aggression, from
excoriations to hematomas, bruises, nasal, facial injuries, self-induced cuts on
the upper limbs.
For a total of 4 people deprived of their liberty, were made referrals to the
Forensic Service.
Also, for all 4 cases, the Prosecutor's Office attached to Botoşani Court was notified.
In view of the above, the Visit Reports of the Field on Prevention of Torture in Places of Detention
(NPM) included a series of recommendations to Iaşi and Botoşani Penitentiaries, which referred
to the following aspects: ● compliance with the provisions of Art. 2910 of the Law No. 35/1997
regarding the organization and functioning of the People's Advocate Institution, republished, as
amended and supplemented, according to which "No person can be held accountable for the
information communicated to the members of the visiting team", as well as the provisions of
Art. 15 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, prohibiting intimidation, abuse or retaliation of persons
deprived of their liberty after visits by representatives of the National Preventive Mechanism (Iaşi
Penitentiary, Botoşani Penitentiary); ● managing the incidents according to the legal provisions,
observing the principle of the proportionality in the use of the intervention procedures, without
harming the physical integrity of the persons deprived of liberty or subjecting them to illtreatment (Iaşi Penitentiary, Botosani Penitentiary); ● identification of appropriate measures for
negotiation and management of protests (Iasi Penitentiary, Botosani Penitentiary); ● guaranteeing
unrestricted access to specialist healthcare for all persons deprived of their liberty involved in
incidents; (Iaşi Penitentiary); ● hiring the medical personnel necessary for carrying out the medical
activities in Iaşi and Botoşani Penitentiaries; ● the purchase of a means of transport, to ensure
the access of persons deprived of their liberty to the medical care provided outside the
penitentiary unit (Iaşi Penitentiary); ● examining the possibility of solving the inmates' claims,
especially those related to overcrowding in Iasi Penitentiary (at the time of the visit 1467 persons
deprived of their liberty were detained, with a legal capacity of 730 places, which represented an
occupancy rate of approximately 201% of the legal capacity) and improving the conditions of
detention in both penitentiaries.
The findings of the visiting team were brought to the attention of both the National
Administration of Penitentiaries and the Ministry of Justice.
Also, the Field on Prevention of Torture in places of detention notified the
Prosecutor's Office attached to Botoşani Court and the Prosecutor's Office attached
to the Iasi Court, as well as the Prosecutor's Office attached to the Iasi Tribunal
and the Prosecutor's Office attached to the Court of Appeal Iasi, who successively
took over the criminal files.
Regarding the recommendations sent, Iaşi and Botoşani Penitentiaries, as well as
the National Administration of Penitentiaries, communicated the following
responses:
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