CAT/OP/ROU/1/Add.1
psychosocial assistance, as provided in the Regulation implementing Law no.
254/20132.
When the decision concerning the set out or change of the execution regime is
final, the inmates are accommodated in detention sections corresponding to the
regime. The inmates who could represent a risk for the security of the prison are
accommodated separately, in special designed rooms, on the maximum security
sections. Also, the legislation in this matter foresees the possibility to
accommodate separately, in special rooms, the vulnerable inmates and the
vulnerable and threatened witnesses.
We also mention that the persons convicted to an imprisonment punishment, who
are investigated on remand in other case, are accommodated separately from the
persons on remand on-going judgment.
The separation of the inmates from prison-hospitals or infirmaries is made
depending on medical criteria and the gender of the inmates.
Concerning the new received inmates, these persons are accommodated in the
quarantine and observation section, separately from the other inmates, in order to
make the medical surveillance and for adapting, in 21 days, to the prison
environment.
We point out that there weren’t cases of common accommodation of the healthy
inmates with the ones having risk of contagious diseases in the 7 visited prisons.
D. Torture and ill-treatment
As a general rule, as we mention in the section on Reprisals (para.9), the Criminal
Code incriminates and punishes the submission to ill treatment (article 281) and
the torture (article 282). Besides this, we also highlight the obligation to inform the
judge supervising the deprivation of liberty of any intervention that could cause
ill-treatment or torture:
“Art. 26. Informing the judge for supervision of deprivation of liberty (Law no.
254/2013): Using the means of restraint and weapons, the temporary
accommodation of the detainee in the protection room and the surveillance
through cameras shall be brought, in writing, to the knowledge of the judge for
supervision of deprivation of liberty”.
Moreover, according to article 106 para.1 let. c) of the Law no. 254/2013: “The
administration of each penitentiary shall draw up the register concerning the use
of means of restraint, which records the year, month, day and hour of application
and cessation of use of means of restraint, including the accommodation in the
protection room”.
In the case of physicians, obligations are also provided for the purpose of
discovering and punishing acts of ill-treatment or torture:
“Art. 162 Measures occasioned by finding traces of violence (Regulation
implementing the Law no. 254/2013)
(1) In case the medical examination establishes that a detainee shows signs of violence, the doctor shall
have the obligation to document the findings in the medical record, to immediately notify the prosecutor
and to inform the director of the penitentiary, the provisions of Article 159 (8) being applied accordingly.
(2) In the cases provided in paragraph (1), the detainee shall have the right to request, in writing, to be
examined by a forensic doctor or by a doctor outside the penitentiary administration system.
(3) The findings of the doctor outside the penitentiary administration system are documented in the
detainee's medical record, and the forensic medical certificate shall be enclosed to the medical record,
after being notified of its contents, against signature.
(4) The expenses for the medical examinations provided in paragraph (2) shall be
borne by the applicant, unless it is established that the detainee does not have
2
Approved by Government Decision no. 157/2016.
13
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