CAT/OP/ROU/1/Add.1 After receiving the file at the Military Prosecutor's Office attached to the Iasi Military Tribunal, the case prosecutor drew up an investigation plan and carried out checks to identify the place where the injured parties were and then quoted them for the hearing. Taking into account that, following the checks carried out, some injured persons were found in other penitentiary units, orders were issued for the delegation of judicial police workers from Alba, Bacău, Oradea, Dolj, Vrancea, Vaslui, Botoşani, Harghita, Dâmboviţa. The case is pending. Regarding the incidents that occurred at Botosani Penitentiary, 11 criminal cases were registered with the Prosecutor's Office attached to Botosani Tribunal. In these cases also, was started the prosecution for the offense of abusive conduct provided by Art. 296 par. 1 and 2 of the Criminal Code, forensic examinations were carried out, the persons involved and the witnesses were heard and the documents drawn up at the event were requested. The cases are pending. ● Mention: following the visits to Iaşi and Botoşani Penitentiaries and the notification of the criminal prosecution bodies regarding the cases of physical aggression, by the letter No. 600696/MC dated 21.09.2016, registered at the Bacau Zonal Centre of People's Advocate Institution with No. 140 / 30.09.2016, Botoşani County Police Inspectorate - Criminal Investigation Service requested, regarding the unannounced visit made at the Botoşani Penitentiary on July 15, 2016, the identification data of the two nurses and the doctor of the visiting team “who alleged that a number of people deprived of their liberty have been hit during the intervention of specialized teams, having various traumas.” Regarding the requested data, the People's Advocate addressed the Head of the Botosani County Police Inspectorate - the Criminal Investigation Service and the Minister of Internal Affairs, informing them of the legal provisions regarding the prohibition of reprisals on the members of the visiting team and on the persons with whom they met. It was also mentioned that information on the visit can be found in the Visit Report (published on the People's Advocate Institution's website, NPM Section, Reports), thus considering that for any additional information are applicable the legal provisions on NPM. 2. Lack of legal provisions regarding the independence of the NPM or its members, outside the general provisions regarding the independence of the People's Advocate from any other public authorities The designation of the People's Advocate Institution as NPM had in mind the very role of this institution for the defence of citizens' rights and freedoms in relation to the public authorities, as well as its independence from any other authority. In this respect, according to Art. 2 par. (1) - (3) of the Law No. 35/1997, republished, as amended and supplemented, "The People's Advocate Institution is a public authority autonomous and independent of any other public authority, under the law. In exercising its duties, the People's Advocate does not substitute itself for public authorities. The People's Advocate cannot be subjected to any imperative or representative mandate. No one can oblige the People's Advocate to obey his instructions or orders." Also, according to Art. 295 par. (2) and (3) of the same normative act: “During the performance of duties, external collaborators shall follow the institution’s staff obligations regarding the confidentiality of works and other rules of internal discipline of the institution. In carrying out specific activities on the prevention of torture in places of detention, visiting team members are independent.” 52