CAT/OP/ROU/1/Add.1
In order to restore order in the two penitentiaries, negotiations have been held by
specially trained personnel. In view of the magnitude of the incidents, the support
of the Ministry of Internal Affairs forces was requested, according to Art. 15 of the
Law No. 254/2013 and the Protocols thereto and common procedures. Thus, given
the context of collective protest actions of some of the inmates in the custody of
Iaşi and Botoşani Penitenciaries, from 11 to 16 July 2016, during which have carried
out actions of instigation and direct participation in acts of violence, destruction
of the security systems of the rooms, namely forcing the metal bars of the windows
by using objects dislodged from the furniture of the rooms (stools and metallic
elements resulting from the destruction of beds) and the acts committed by them,
which prevented the day-to-day running of the detention facility and endangered
both the safety of the detention facility and of the prison staff in service, and
taking into account the fact that after the negotiation and the summons, the
detainees did not stop the acts of disorder, the National Administration of
Penitentiaries considered that the solving of some isolated incidents through
intervention was carried out under the legal provisions in force.
It has also been appreciated that the interventions have complied with the
principles of using immobilization means. After the intervention, in order to
observe the principle of defending the human person, all inmates who were subject
to the intervention or on whom were used for immobilization means, were
presented to the medical office of the unit. In cases where the examiner
considered it necessary to send the patients to a specialized service, referrals were
made, and for those who submitted a request to be examined by the forensic
doctor of the unit, were made referrals to IML – the Institute of Forensic Medicine.
At the same time, following the declarations of the persons deprived of their
liberty regarding possible physical aggressions, were notified the competent
criminal investigation bodies. Also, at the level of the two penitentiary units, no
inmate was held accountable for the information provided during the
discussions with the representatives of the People's Advocate Institution. No
incident reports were made to the inmates for information provided to the
institution's representatives, but only for the acts of incitement to violence and
acts of violence.
At the same time, the following were mentioned: ● with respect to reprisals, no cruel, inhuman
or degrading treatment has been applied and the prisoners who have had discussions with
representatives of the People's Advocate Institution and they have not been prejudiced in any
way; (Iasi Penitentiary, Botoşani Penitentiary, National Administration of Penitentiaries); ●
regarding the management of incidents according to the legal provisions, it was answered that the
resolution of certain isolated incidents by intervention was carried out according to the legal
provisions in force and it was appreciated that the interventions complied with the principles of
using the immobilization means (Iaşi Penitentiary, Botoşani Penitentiary, National Administration
of Penitentiaries); ● the medical assistance was granted on the basis of an approved consultation
program, the organization of competitions for filling vacant positions will continue and a properly
equipped ambulance will be purchased in 2017 (Iaşi Penitentiary, Botoşani Penitentiary); ● as for
examining the possibility of solving the detainees' requests, especially regarding the management
of overcrowding in Iasi Penitentiary and the improvement of the conditions of detention, we were
informed that, due to exceeding the legal capacity, transfers were made to other units and was
proposed to extend the penitentiary by constructing a new building with the capacity of 536 places
on the premises of the penitentiary. It was also proposed to remove the third level from the bunk
beds in the detention rooms, was purchased furniture, mattresses, bed linen, and a permanent
process of repairing and sanitizing the detainees' rooms was undergoing; The leadership of Botosani
Penitentiary has stated that the improvement of the accommodation conditions, in accordance
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