CAT/OP/ROU/1/Add.1
The prison director may order, based on the information of the personnel directly
involved in activities with the inmate, the inmate accommodation in the protection
room, if there is an imminent danger of the occurrence of one of the following
events:
a) self-harming or suicide;
b) injuring another person, if there is no possibility of their separation;
c) destroying goods or seriously disturbing the order.
The bringing of the inmate into the security room shall be carried out in the
presence of the medical staff, after carrying out the detailed bodily search and
replacing the personal clothing with clothes appropriate to the season, provided
by the administration of the prison.
The surveillance staff monitors the inmates temporarily accommodated within the
protection room by observing their physical and psychological condition and by
informing the decision makers about the possible deterioration of their health
status, or about the imminent occurrence of negative events.
As mentioned above, moving inmates in this area is a temporary measure and does
not constitute a disciplinary sanction, being a preventive and safe measure ordered
by the administration of the prison. This type of measure is similar to the one used
in such cases in the public health network, as evidenced by the legal norms in force
regarding the norms for the application of Law no. 487/2002 on mental health and
the protection of persons with psychiatric disorders.
9. Instruments of restraint
Para. 105 - The use of means of restraint
The use of handcuffs or other means of restraint is only allowed when other
measures to maintain order and discipline amongst inmates failed, in situations as
the following:
a) to prevent escape during inmates movement;
b) to protect inmates from self-harming or to prevent injury against others or to damage
goods;
c) for restoring the order and discipline, as a result of the inmates opposition to a decision of
the judicial bodies or prison staff.
The use of restraining means must be authorized in advance by the prison
director, except in those cases where the emergency does not allow for it,
situation which is immediately brought to the attention of the director. The
judicial bodies decide upon the application, maintenance or removal of restraining
means during the presence of the inmates in front of them.
According to the Regulation for implementing the Law no. 254/2013, the use of
restraining means is made gradually, without exceeding the real needs of the
inmates’ immobilization, and ceases as soon as the purpose of the intervention has
been achieved, according the Law. In the case of the inmates restrained in bed,
hospitalized in a health facility, the metallic handcuffs shall not be used.
Physical force can be used, according to the legal provisions, in self-defence cases,
prison-break, active or passive physical resistance to a provision stipulated in the
Law, in the Regulation or in the subsequent normative acts. Any intervention shall
be conducted in accordance with the principle of proportionality between the
intervention manner and the cause that generated it, without unjustified use of
violence.
The use of restraining means and weapons, the temporary accommodation of
the inmate in the protection room and the surveillance through cameras shall
be communicated in writing to the judge for the supervision of deprivation of
liberty.
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