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. 16

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