CAT/OP/ROU/1/Add.1
order to align them with national and international human rights standards. An
action plan has been put together which extends up to 2020 and which follows
according to the designated timeline. There are 7 Centres for Detention and
Preventive Arrest where work commenced last year and 5 more in which it has
started this year.
During 2016, a total of 5,355,300 lei (approx. €1,170,000) was issued for current
reparations and purchasing of beds and mattresses of Centres for Detention and
Preventive Arrest, of which 4,988,420 lei were spent (approx. €1,100,000). For
2017, a total of 1,172,620 lei (approx. €257,000) were issued for the same purpose.
Further funds may be obtained if deemed necessary.
In the General Inspectorate of the Romanian Polices Investment programme for
2017, funds of 10,386,970 lei (approx. €2,275,000) were issued for construction,
consolidation or modernization of Centres for Detention and Preventive Arrest (in
Alba, Maramureș, Iași, Arad, Giurgiu, Galați and Covasna counties) and 3,912,020
lei (approx. €856,000) for technical experts reports and framing of approval
documents (for Harghita and Cluj counties).
In order to improve the detention conditions in penitentiaries, in 2016 there was
allocated, especially for this purpose, the amount of 8,161,000 lei, for current
repairs and maintenance. Until the 31st of December 2016, 2,657 rooms from 3,222
planned were repaired/cleaned out, meaning a percentage of 82.5%.
E. Complaints mechanisms
Para. 58 - Establishing an independent body for receiving and investigating torture and ill-treatment
complaints
The Romanian Government considers that the current complaint mechanism
establishes sufficient safeguards for the independence of criminal proceedings.
As mentioned before, solving the ill-treatment and torture cases is under the
competence of the judicial bodies, courts, which are totally independent,
according to the Romanian Constitutional order. These independent bodies have
to deliver a decision in an independent and impartial way, in two levels of
jurisdiction, on torture and ill-treatment offences.
Also, the involvement of the judge supervising the deprivation of liberty, according
to the article 26 of the Law no. 254/2013, is one more proof of the implication of
an independence factor into the penitentiary administration. In accordance with
the provisions of the Law, the president of the Court of Appeal, under whose
territorial jurisdicition belongs the prison, the centre for detention and
preventive arrest, the arrest house, the educational centre or a detention centre,
shall appoint, annually one or more judges for supervising the deprivation of liberty.
For the purposes of the normative act, the judge for supervising the deprivation
of liberty, which has the office inside the prison, oversees and controlls the legality
of serving the senteces and measures involving deprivation of liberty. When
exercising his/her duties relating to the supervision of of serving the senteces and
custodial measures, the judge can not conduct other activities at the court from
which he/she came.
The judge for supervising the deprivation of liberty exercises the following tasks:
a)
b)
c)
d)
e)
f)
20
solves the inmates complaints on the exercise of the rights provided for in the law;
solves the complaints on the establishment and changing regimes of serving sentences
and custodial educative measures;
solves the inmates complaints on the disciplinary sanctions enforcement;
participates in the procedure of food denial;
participate, as president, in the meetings of the Parole Commission;
carry on any other duties provided for in the law.
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