CAT/OP/ROU/1/Add.1
In addition, the legislative proposal for amending and completing the Law No.
35/1997 on the organization and functioning of the People's Advocate Institution,
republished, as subsequently amended and supplemented and amending certain
legal acts, currently pending in the Legal Commission for appointments, discipline,
immunities and validations Of the Senate (Law 566/2016), includes the provision
that the National Prevention Mechanism is a distinct structure from the other fields
of activity, with functional, operational, financial, and personnel autonomy,
exercising a preventive role.
3. Budgetary independence by providing adequate independent financial and human
resources for the NPM
The provisions of art. 2919 of Law no. 35/1997, republished, as amended and
supplemented, stipulate that “Current and capital expenditure funding for
activities to prevent torture and cruel, inhuman or degrading treatment shall be
provided from the state budget and funding for it are part of the budget of the
People’s Advocate institution.”
Consequently, there is a budget allocated to the Field for the Prevention of Torture
in Places of Detention (NPM), which covers the expenses of visiting and any other
activities, but its budget is an integral part of the People’s Advocate institution
budget.
► The budget for the year 2015 allocated to the Field for the prevention of torture in the
places of detention was 1,868 thousand lei; In 2016, the budget was 2700 thousand lei, and for
the year 2017, 2546 thousand lei.
The legislative proposal for amending and completing the Law No. 35/1997 on the
organization and functioning of the People's Advocate Institution, republished, as
subsequently amended and supplemented and amending some normative acts (Law
No. 566/2016) includes the proposal that the annual budget of the National
Prevention Mechanism to be proposed and elaborated by the Deputy People's
Advocate who coordinates the National Prevention Mechanism, and approved by
the People's Advocate and to be used exclusively for the expenses of the
Mechanism.
Also, the legislative proposal for amending and completing the Law No. 35/1997
concerns the payment of transport, food and accommodation expenses for
representatives of NGOs.
Taking into account the fact that the NPM was in the first years of its activity and
that its activity will be widened, as well as the proposal to ensure the payment of
transportation, food and accommodation for NGOs, it is necessary to supplement
the budget allocated to NPM.
As regards the provision of transportation means for NPM visiting teams to places
of detention, we present the steps taken to acquire them:
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