CAT/OP/ROU/1/Add.1
10. Contacts with the outside world and visits
Para. 107 – The intimate visit
The right to intimate visit is guaranteed to inmates by the provisions of Law no.
254/2013. According to the Regulation for implementing the Law no. 254/2013,
persons who meet the following conditions cumulatively can benefit of an intimate
visit:
a) they are convicted and assigned to a punishment execution regime, respectively
they are on remand during the trial;
b) there is a marriage, proven by a certified copy of the marriage certificate or, as
the case may be, a partnership similar to the relations established between the
spouses;
c) they did not have the permission to leave the prison within the last 3 months prior
to requesting the intimate visit, in the case of convicts;
d) they have not been disciplinary sanctioned during the last 6 months prior to the
request for the intimate visit, or the sanction has been annulled in the case of the
convicted persons, while in the case of persons on remand, during the trial, within
the last 30 days prior to the request;
e) they actively participate in educational, psychological assistance and social
assistance activities and programs or work.
The following conditions for granting the right to intimate visit have also been
established by Law:
-
the married convicted person may receive an intimate visit only with his spouse;
for the similar relationships to those established between spouses, for the intimate visit,
the partners must have had such a relationship prior to the date of imprisonment;
the proof of the existence of the partnership is made by an affidavit, certified by the
notary.
The convicts or the person on remand during the trial are entitled to one intimate
visit every 3 months, lasting for 3 hours, complying with the legal conditions in the
field.
If the intimate visit takes place as a result of getting married, the duration of the
visit is 48 hours. The visit takes place with the consent of the prison director, who
sets the date of the visit, informing the person in due time.
The right to intimate visit is granted to inmates in strict compliance with the
applicable legal framework.
In the 7 visited prisons, intimate visits were granted during the reference period
January-May 2016, as follows:
-
Prison Aiud: 94 intimate visits, of which 6 were of 48 hours;
Prison Botoşani: 127 intimate visits, of which 91 of 2 hours, 31 of 3 hours and 5 of 48 hours;
Prison Gherla: 201 intimate visits, of which 194 of 2 hours and 7 of 48 hours;
Prison Giurgiu: 20 intimate visits, of which 19 of 2 hours and 1 of 48 hours;
Prison Iaşi: 124 intimate visits;
Ploieşti - Târgşor-Nou Prison for women: 79 intimate visits, of which 77 were of 3 hours
and 2 were of 48 hours.
Prison Constanţa – Poarta Albă: 143 intimate visits, of which 126 were of 2 hours, 7 were
of 3 hours and 10 were of 48hours.
11. Transfer of prisoners
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