CAT/OP/ROU/1/Add.1
Para. 110 – The transfer of detainees, in particular of women, children and sick inmates
In the case of the transfer of minors and female inmates among the prisons, a
special attention is paid to the compliance of separation criteria, taking into
account the vulnerability of these categories. Considering the fact that in the case
of transfers the numerical preponderance is represented by male adults, the
actual transport of minors and female inmates is usually carried out in
separation bunks.
During prison transit (locations where the inmate transport vehicles are stopping
in order to deliver or receive the inmates planned for the respective transport),
it is granted the access to toilets, drinking water, eventually medical check etc.
separately and with priority over other categories of people. The inmates’
transport vehicles have all the necessary technical equipment so that minors and
female inmates are provided with optimal conditions throughout the transport.
The transport vehicles are endowed with ventilation, air conditioning, natural light
and artificial light, by case. Also, in order to ensure separation and optimal
conditions, these categories of persons will be placed separately in the
transport vehicles.
We also must specify that the sick persons with infectious-contagious diseases
are transferred only individually by the ambulances in order to be placed in the
hospital prison, complying with the epidemiological criteria and measures.
C. Centres for migrants and asylum seekers
Regarding the paragraphs no. 111 and 112, we would like to mention that the
SPT delegation payed only two visits (and not three as it comes out from the two
paragraphs mentioned before) in relation with the foreigners on the Romanian
territory: one in Giurgiu center for asylum seekers and one in the Otopeni
Detention Centre for Foreigners (two times).
Para. 113 - Treatment of migrants
The SPT delegation paid two visits to the Otopeni Detention Centre for Foreigners.
During the first visit of the delegation, no third country national staying in the
center was found locked up in the room. During the second visit, the SPT delegation
found that all rooms were open, except one room in which, at his express request,
a citizen suffering from psychological problems was accommodated. The daily
program is in accordance with the Regulation of the accommodation centers of the
foreigners, and during night time (22.30p.m-7.30 am), foreigners are not allowed
to leave the rooms, except in the duly justified cases, with the approval of the
staff at the center (art. 41 from the Internal Regulation approved by Order of
Ministry of Internal Affairs no. 121 of July 30, 2014). All the daily activities are
held without the third country national being locked up in their rooms.
Para. 115 - Interpretation services
It is to be noted that the centers benefit from the services of authorized translators,
especially in court proceedings, in case of health checks or interviews related to
their legal situation. Using relatives and friends or other migrants during the daylife in the center may be, sometimes a solution used as an exceptional situation
when authorized translators are not identify or cannot be used (art. 3 paragraphs
34 from Law no. 122/2006 on asylum in Romania).
Para. 117 - Psychological examination
According to the Romanian legislation, the migrants have the right to receive
psychological assistance. In the case mentioned by the SPT delegation, in
paragraph no. 116, the analysis of the evidences in the center revealed that in the
reference period, two migrants refused psychological assistance, and they were
not registered with disorders that impose psychiatric control or hospitalization in
a specialized clinic. Even in case of refusal of psychological assistance, the internal
regulation provides measures to be taken for the continuous observation of the
person.
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