E/CN.4/2006/6/Add.2
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General, a través del cual brinda atención personalizada, con el objetivo primordial de promover
las condiciones que les permitan llevar a cabo el desempeño de sus funciones de manera libre y
segura, sin que tenga que sufrir ningún tipo de afectación en su esfera jurídica por parte de
cualquier autoridad. Para realizar esta actividad y continuar con la labor de defensa de los
derechos humanos, la CNDH atiende las quejas recibidas e integra los expedientes, procurando
que las autoridades señaladas asuman mayor sensibilidad y compromiso respecto de las acciones
realizadas por los organismos civiles en la defensa de los derechos humanos. Cabe señalar que la
CNDH también esta facultada para solicitar medidas cautelares a las autoridades para
salvaguardar la seguridad e integridad física de los agraviados.
Romania
Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to
Romania in April 1999 (E/CN.4/2000/9/Add.3, para. 57).
204. By letters dated 7 November 2005 and 7 February 2006, the Government provided
information on the follow-up measures taken.
205. Recommendation (a) stated: As a matter of immediate priority, action should be
taken to remove from confinement in detention centres on remand all persons detained in
excess of the officially proclaimed capacity of existing institutions. This recommendation
could probably be substantially achieved by ordering the release pending trial of all nonviolent first-time offenders.
206. The Government informed that there has been a significant decrease in the number of
remand prisoners. This reduction is due in part to amendments to the provisions on remanding a
person in custody in the Penal Procedure Code. On 31 December 1999, a total of 49,790 persons
were detained, including 47,883 men and 1,907 women. Of these, 5,434 were on remand, 5,425
had been convicted by a court of first instance and 38,818 had received a final sentence.
However, at the end of 2004, a total of 39, 031 persons were detained, including 37,224 men and
1,807 women. Of these, 2,991 were on remand, 3,033 had been convicted by a court of first
instance and 33,007 had received a final sentence. In this context, Law No. 543/2002 provided
for the release of more than 3,000 non-recidivist prisoners, who had been sentenced to up to five
years imprisonment.
207. Recommendation (b) stated: Much greater use should be made of existing provisions
in the law for the release of suspects on bail, especially suspected first-time, non-violent
offenders. Instructions or guidelines to this effect should be given by the Minister of the
Interior to investigators from his Ministry, and by the Minister of Justice to all prosecutors
and judges.
208. According to information received from NGOs, there is no indication that the Ministry of
Justice and Ministry of Interior have elaborated and disseminated instructions on release of
suspects on bail. Furthermore, the Parliament is currently in the process of reviewing the
Criminal Procedure Code, and is reported to be considering raising the amount of the bail bond,
which currently stands at the equivalent of US$ 300. Any steps to increase the amount of the
bail bond would result in even more accused persons being remanded in custody. In relation to
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