CAT/OP/ROU/1/Add.1
the necessary cash funds to pay the personal contribution, in which case the costs
shall be borne from the unit's budget. The provisions of Article 72 (5) of the Law
shall apply accordingly”.
By Decision no. 566/2011 of the general director of the National Administration of
Penitentiaries, it has been approved The Handbook concerning the associated
structures for special security measures, constraint and control, as for using the
immobilization means and techniques, which represents the general legal
framework by which the specialized, trained and equipped staff acts, by reactive
and planned intervention, in order to solve the incidents which could imply using
force. Also, the handbook regulates the way in which the specialized intervention
structures are constituted, organised, trained, equipped and are functionning.
We mention that these intervention structures have been organised and
constituted as a guarantee of a professional intervention in solving the incidents,
preventing and eliminating the possible abuses.
Also, their use in case of interventions is exclusively made for solving and
discouraging the illegal, unauthorised and perturbing situations which could affect
life, health and corporal integrity of the inmates, staff or other persons and which
could represent a danger for the missions or the normal course of the activities in
prisons.
For guaranteeing legal, efficient and safe interventions, the intervention teams
act on the basis of the following fundamental principles: defending the human
beings, legality, security, force proportionality, graduality, non-surprise and
minimum risk principle.
All these rules aim to ensure the observance of all norms and recommendations
established by the international bodies in the domain of protection and defense of
the rights of persons deprived of their liberty.
Depending on the events occurred in the Romanian prison system, National
Administration of Penitentiaries will reiterate to the staff the fact that torture
or other way of punishment or degrading of inhuman treatment are absolutely
forbidden and can’t be tolerated under any circumstance, otherwise being
taken measures accordingly.
On the basis of the elements mentioned in the report in paragraph 50, we would
like to point out that at the level of the Directorate for the Investigation of
Organized Crime and Terrorism Offences, it was not possible to identify the reported
case. Moreover, we specify that the Directorate for the Investigation of Organized
Crime and Terrorism Offences does not includee Special Forces.
Upon request of the Directorate for the Investigation of Organized Crime and
Terrorism Offences (DIICOT), the Ministry of Internal Affairs can provide DIICOT
with police forces on various operative actions. The Romanian police periodically
disseminates to all members of the law enforcement forces (of all grades and of
all services) a tough message of "zero tolerance" about ill-treatment. It is reminded
to all law enforcement officers that they should not apply force unless strictly
necessary.
Para. 51-53
Concerning the refferals to the criminal investigations bodies we inform you that
during the year before the visit in the units subordinated to the National
Administration of Penitentiaries the management of the 7 visited prisons
formulated 22 reports concerning possible aggressions made by the staff
members over the inmates. From the information available at the level of the
prison units, it results that one case has been closed in the investigation phase,
by classifying the criminal case file and the other refferals are pending.
14
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