CAT/OP/ROU/1/Add.1
SITUATION OF PERSONS DEPRIVED OF THEIR LIBERTY
A. Police Detention
1. Confinement and preventive arrest centres
Par. 70-71 - Limitation of the use of pre-trial detention
The Romanian Government believes that ample progress has been made in the field
of alternative pre-trial measures following the entry into force of the Criminal
Procedure Code. Furthermore, the Code provides general safeguards which come
to restrict the action of agents of the state. Arbitrary action from their part is
excluded by the legal safeguards, corroborated with the severe punishments for
illegally detaining or otherwise limiting the freedom of movement of any person.
On the issue of transferring detainees to penitentiaries sooner to prevent
overcrowding, there have been ample discussions with all stakeholders. The
conclusion was that the best option is currently to invest in the improvement of
the current system. The reasons are that the National Administration of
Penitentiaries does not have detention facilities in all counties, so transferring
detainees between them and police stations, prosecutor’s offices and/or courts of
law would be costly and not time-effective. Seeing that procedures implying pretrial measures need to be very fast, as a general rule, time is always of the essence.
2. Material conditions
Par. 76 - Speeding up of investments in detention facilities.
Ministry of Internal Affairs would like to reaffirm our commitment to improving all
the detention facilities under the General Inspectorate of Romanian Police
management, to the point where the international instruments are being fully
respected.
B. Penitentiary institutions
1. Overcrowding
Para. 79 – Reducing overcrowding
The problem of overcrowding is well known at the level of the Romanian
Government, especially in the context in which, on 25th April 2017, the European
Court of Human Rights rendered the pilot-judgment in the case of Rezmiveş and
others v. Romania. By the pilot-judgment of 25th April 2017, the European Court
of Human Rights decided that, within six months from the date on which the
judgment became final, the Romanian Government had to provide, in cooperation
with the Committee of Ministers of Council of Europe, a precise timetable for the
implementation of the appropriate general measures aiming to solve the problem
of prison overcrowding and of material conditions of detention, according to the
European Convention for Human Rights principles as stated in the judgment.
We would like to remind that by the Memorandum on “The intention of the
European Court of Human Rights to apply the pilot-judgment in cases regarding the
conditions of detention”, adopted on 19th January 2016, the Romanian Government
undertook the improving of the situation of overcrowding in penitentiaries hoping
to avoid the pilot-judgment.
On 27th of April 2016, the Romanian Government adopted a Memorandum on “The
approval of the calendar of the necessary measures to be taken in order to improve
the condition of detention and the probation system”, under which a budget of
EUR 740,234,582 has been allocated to the National Administration of
Penitentiaries for investment in prison infrastructure for the next seven years
(2016-2023). By the Memorandum of April 2016, the consolidation of probation
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents