CAT/OP/ROU/1/Add.1 (3) Torture that resulted in the victim's death shall be punishable by no less than 15 and no more than 25 years of imprisonment and a ban on the exercise of certain rights. (4) The attempt to commit the offenses set out in par. (1) shall be punishable. (5) No exceptional circumstance, regardless of its nature or of whether it involves a state of war or war threats, internal political instability or any other exceptional state, can be raised to justify torture. The order of a superior or of a public authority cannot be called upon to justify torture either. (6) The pain or suffering that result exclusively from legal penalties and which are inherent thereto or caused by them do not constitute torture. Unlawful repression Art. 283 - (1) The act of prosecuting, of taking measures different from custodial sentences or of bringing an individual before justice, while aware that they are not guilty, shall be punishable by no less than 3 months and no more than 3 years of imprisonment and deprivation of the right to hold public office. (2) The act of detaining or arresting or sentencing an individual, while aware that they are not guilty, shall be punishable by no less that 3 and no more than 10 years of imprisonment and the deprivation of the right to hold public office. Par. 34 - Fundamental safeguards for detention/arrest This recommendation stems mostly from those set forth in par. 33 of the Report, that is to say, in reference to the insufficient legal safeguards for persons taking into custody at the police headquarters whose verifications can be carried out within 24 hours, (qualified by the SPT delegation as administrative detention), measure available to police officers under art. 31(1) b) of Law no. 218/2002 on the organization and functioning of the Romanian Police. Having analysed these legal provisions in conjunction with the SPT’s recommendation and the practical necessities, Ministry of Internal Affairs would like to inform the SPT that all measures shall be taken to include this kind of legal safeguards in the Romanian Police’s internal norms and procedures. Steps have been taken to put together such normative dispositions in the near future and all the relevant parties have agreed to the necessity of implementing this procedure. Furthermore, the GIRP has found it necessary to include the complementary measure of introducing the practice of informing those who are subject of the procedure provided for in art. 31(1) b) of Law no. 218/2002 about their rights as soon as they arrive at police headquarters. This measure can be implemented analogous with the existing practice regarding the right of any person deprived of his/her liberty to be informed about the reason of his/her arrest and his/her rights during detention. On the occasion of the transfer from one prison to another, the convicted person is entitled to personaly inform or to request the administration to inform a family member or other person appointed by him/her about the prison where he/she is placed. The legislator has also established the responsibility of the administration of the prison, the obligation to notify, without delay, the judge supervising the deprivation of liberty, the national prosecutor's Office and the administration of prisons, the family of the person convicted, a person close to him/her or, where appropriate, the legal representative, when the convicted person has been affected seriously, in his/her bodily integrity or health. The prison administration has also the obligation to notify, without delay, the convicted person's family or a person close to him/her, when the person convicted is transferred to a medical facility for treatment of a mental illness. The notification shall be made with the consent of the convicted person, if it can be expressed. Par. 40 – Non-custodial alternative measures Important steps have been made in the recent years regarding the reform of the criminal legislation which brought positive changes in the functioning of the correctional system (prison and probation). For the first time since the establishment of the probation service in Romania in 2001, by Government Ordinance no. 92/2000 on the organization and functioning of services for the social reintegration of the offenders and for the supervision of the execution of non-custodial sanctions, today, the number of persons under its supervision is higher than those in detention in prisons. Thus, five years ago the number of the inmates was more than 33,000 and those under the supervision of the National Probation Directorate were almost 20,000, while now the number of inmates is near 27,000 and the persons under the probation supervision is more than 70,000 (out of which 60,000 are for adults such as suspended sentence with supervision or postponement of the enforcement of the sanctions). 7