CAT/OP/ROU/1/Add.1 The prison director may order, based on the information of the personnel directly involved in activities with the inmate, the inmate accommodation in the protection room, if there is an imminent danger of the occurrence of one of the following events: a) self-harming or suicide; b) injuring another person, if there is no possibility of their separation; c) destroying goods or seriously disturbing the order. The bringing of the inmate into the security room shall be carried out in the presence of the medical staff, after carrying out the detailed bodily search and replacing the personal clothing with clothes appropriate to the season, provided by the administration of the prison. The surveillance staff monitors the inmates temporarily accommodated within the protection room by observing their physical and psychological condition and by informing the decision makers about the possible deterioration of their health status, or about the imminent occurrence of negative events. As mentioned above, moving inmates in this area is a temporary measure and does not constitute a disciplinary sanction, being a preventive and safe measure ordered by the administration of the prison. This type of measure is similar to the one used in such cases in the public health network, as evidenced by the legal norms in force regarding the norms for the application of Law no. 487/2002 on mental health and the protection of persons with psychiatric disorders. 9. Instruments of restraint Para. 105 - The use of means of restraint The use of handcuffs or other means of restraint is only allowed when other measures to maintain order and discipline amongst inmates failed, in situations as the following: a) to prevent escape during inmates movement; b) to protect inmates from self-harming or to prevent injury against others or to damage goods; c) for restoring the order and discipline, as a result of the inmates opposition to a decision of the judicial bodies or prison staff. The use of restraining means must be authorized in advance by the prison director, except in those cases where the emergency does not allow for it, situation which is immediately brought to the attention of the director. The judicial bodies decide upon the application, maintenance or removal of restraining means during the presence of the inmates in front of them. According to the Regulation for implementing the Law no. 254/2013, the use of restraining means is made gradually, without exceeding the real needs of the inmates’ immobilization, and ceases as soon as the purpose of the intervention has been achieved, according the Law. In the case of the inmates restrained in bed, hospitalized in a health facility, the metallic handcuffs shall not be used. Physical force can be used, according to the legal provisions, in self-defence cases, prison-break, active or passive physical resistance to a provision stipulated in the Law, in the Regulation or in the subsequent normative acts. Any intervention shall be conducted in accordance with the principle of proportionality between the intervention manner and the cause that generated it, without unjustified use of violence. The use of restraining means and weapons, the temporary accommodation of the inmate in the protection room and the surveillance through cameras shall be communicated in writing to the judge for the supervision of deprivation of liberty. 38

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