CAT/OP/ROU/1/Add.1
discontents regarding the juridical situation, misunderstandings with other
inmates.
With respect to overcrowding in prisons (paragraph 53), we would like to remind
that in the case of Muršić v. Croatia, the European Court of Human Rights held
that provinding an individual space of 3 square meters, compensated by
administrative measures, in order to spend a generous amount of time outside
the detention room, does not constitute an inhuman or degrading treatment.
In order to compensate the lack of individual space of 4 square meters, the inmates
have the possibility to participate to activities developed outside the detention
room, the daily programme being differentiated depending on the profile of the
prison, the execution regime, age, health and involvement in working or other kind
of activities, season and also in connection with the resting days.
In the daily program are specified the hours for the working time, time at the
disposition of the inmate and the resting time, as the time for developing
administrative-house holding activities, as cleaning, hygiene, walking, school
training and professional training, educative activities, of social and psychological
assistance, religious, sports, recreation and exercising some rights.
We mention that for the sick inmates, hospitalised in hospitals or infirmaries, as
for the pregnant women or the ones taking care of their children up to 1 year, the
daily program is set up by the doctor of the prison, and in the case of the hospitalprisons, by the deputy director for medical problems.
By planning the activities during the daily program we seek to offer to the
inmates as much time as possible outside the detention rooms. The inmates have
access to the courtyards (daily), clubs/workshops, sports ground, sports room,
church, classroom, and other spaces for exercising their rights.
Para. 54 let. a) - Impartiality and promptness of alleged acts falling under the
scope of art. 281 and 282 of the Criminal Code
The Romanian Government considers that the current legal provisions offer
sufficient safeguards for the impartiality and promptness of criminal trials.
Particularly for the crimes of torture and ill-treatment (art. 281-282 Criminal
Code), the Criminal Procedure Code states, in art. 56 (3) b), that the prosecutor is
responsible of following through with criminal proceedings in cases of torture or
ill-treatment. These provisions should be corroborated with art. 132 (1) of the
Romanian Constitution which states that “prosecutors operate under the principles
of legality, impartiality and hierarchical control, under the authority of the
minister for justice”. Also relevant in this case is art. 3 (1) if Law no. 303/2004 on
the Statute of judges and prosecutors which states that “prosecutors […] have
stability in their public function and are independent […]”.
If the prison management finds out about an aggression between the inmates,
or if there is the suspicion of ill treatments or torture against convicted persons,
it is obliged, in accordance with the criminal-executional legal framework, to
refer to the criminal investigation bodies, as well as the judge for the
supervision of deprivation of liberty.
Para. 54 lit. b) – Providing training for law enforcement personnel in order to
properly identify signs of torture and ill-treatment
The General Inspectorate of the Romanian Police personnel working in the field
of criminal investigation and public order have benefited from general training in
judiciary police (103 officers trained between 2016 and 30.05.2017). We emphasise
that the primary signs of torture and ill-treatment must be ascertained by medical
professionals. Following this primary ascertainment, the officer can order the
execution of a medical expert’s report.
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