CAT/OP/ROU/1/Add.1
the People's Advocate Institution the information provided by the Public
Ministry regarding the criminal prosecution actions carried out in the files
dealing with the complaints of the persons deprived of their liberty in Iaşi
Penitentiary and Botoşani Penitentiary.
Thus, the Prosecutor's Office attached to Iasi Court received a number of 71
information notes regarding medical examinations done by the medical office
of the detention facility to persons deprived of their liberty, who invoked acts
of aggression from other persons deprived of their liberty or from the staff of
the National Administration of Penitentiaries. Analysing this information, the
prosecutors within the Prosecutor's Office attached to Iasi Court drafted 7 ex
officio referral reports, finding indications regarding the commission of the
offense of abusive conduct provided by Art. 296 Criminal Code in 22 cases.
These cases were taken over by the Prosecutor's Office attached to Iaşi Court of
Appeal, according to Order No. 214/2015 of the Prosecutor General of the
Prosecutor's Office attached to the High Court of Cassation and Justice.
Between 10.08.2016-26.08.2016, were registered at the Prosecutor's Office
attached to Iaşi Court of Appeal the notifications made by Iasi Penitentiary,
under the provisions of Art. 72 par. 3 of Law No. 254/2013, on the medical
examination of 25 detainees who claimed to have been assaulted by members
of the intervention teams. Also, were registered at the Prosecutor's Office
attached to Iaşi Court of Appeal the complaints made by the 14 detainees from
Iasi Penitentiary, who claimed to have been physically and verbally assaulted
by the members of the penitentiary’s intervention groups.
Taking into account that the complaints were related to the action of the
intervention troops in Iasi Penitentiary, in order to improve the justice process,
the cases were brought together. Thus, by the ordinance dated 19.09.2016, 42
criminal cases were merged by the Prosecutor's Office attached to the Court of
Appeal Iaşi, under No. 509/P/2016.
The criminal investigation was started on 19.07.2016, in criminal file No.
3761/P/2016 of the Prosecutor's Office attached to Botosani Court, forwarded and
registered at the Prosecutor's Office attached to Iasi Court under No.
10147/P/2016, taken over and registered with the Prosecutor's Office attached to
Iaşi Court of Appeal under No. 511/P/2016 and subsequently merged with file No.
509/P/2016, concerning the offense of abusive conduct provided by Art. 269 par.
1 and 2 of the Criminal Code.
During the criminal prosecution, information was requested from the institutions
concerned on the manifestations of the detainees and on the interventions of the
law enforcement bodies. Data and information on medical consultations and
forensic findings in custody were also requested.
According to the information received, by the ordinance of 18.10.2016, was
ordered to decline de competence, considering the capacity of the person, to
the Iasi Military Prosecutor's Office.
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