CAT/OP/ROU/1 torture and ill-treatment, as provided for under articles 281 and 282 of the Penal Code; (b) Provide all medical personnel, law-enforcement agencies, judges, lawyers and prosecutors with the training necessary to enable them to identify signs of torture and ill-treatment, including training on the use of the Istanbul Protocol;17 (c) Ensure that the special intervention units are used as emergency response teams only. The use of force should always be the last resort and the force used should be strictly necessary, proportional and incremental and not abusive and arbitrary. Each officer in the special intervention unit should have a camera on him or her while within and outside the facilities when interacting with inmates. Surveillance cameras should be installed in all common spaces and recorded data should be stored for an adequate period of time; (d) Take specific measures to protect the most vulnerable and marginalized prisoners and ensure they have access to a complaint procedure that is adapted to their needs, child-friendly, accessible and reliable; (e) Respect the strict prohibition on all forms of violence against children and the educational and rehabilitative approaches to children in conflict with the law required under the Convention on the Rights of the Child; (f) Continue and enhance its efforts to improve conditions of detention in places of deprivation of liberty. F. Complaint mechanisms 55. The Subcommittee notes that of the 8,634 complaints submitted between 2013 and 2015 for the criminal offences of torture, abusive investigation, ill-treatment and abusive behaviour outlined under articles 280–282 and 296 of the Penal Code, only 22 indictments have been issued for abusive behaviour (art. 296 of the current Penal Code, art. 250 of the former Penal Code) and 2 for abusive investigation (art. 280 of the current Penal Code, art. 266 of the former Penal Code).18 The Subcommittee is concerned about the absence of any prosecutions leading to convictions on charges of torture or ill-treatment under either the former or current Penal Code since 2013. 56. While noting the existence of different monitoring mechanisms, the Subcommittee is concerned about the lack of effectiveness of the complaint procedures and the overall failure of the State to properly respond to and investigate allegations of torture and illtreatment. 57. The delegation noticed that very little or no information is provided to inmates on complaint procedures available in the different detention facilities. These mechanisms are largely perceived by detainees as ineffective, non-independent and futile since they fail to provide complainants with substantive hearings or effective remedies. In several detention facilities, the fear of reprisals and the potential impact that such a complaint could have on entitlements, disciplinary measures and conditional release further prevents the use of these mechanisms. 58. The Subcommittee recommends that the State party consider establishing a separate, fully independent body to receive complaints, 19 and that it revise the current complaints procedure with a view to ensuring its confidentiality and effectiveness. The State party should also ensure that judges are automatically informed of all complaints alleging torture and ill-treatment and that such complaints are 17 18 19 See Committee against Torture, general comment No. 3 (2012) on the implementation of article 14, para. 35. Information provided in writing by the State party upon completion of the visit. The Subcommittee echoes similar recommendations made by the Commissioner for Human Rights of the Council of Europe in his report following his visit in 2014 to Romania (para. 205) and by the Special Rapporteur on extreme poverty and human rights following his mission in 2015 to the country (A/HRC/32/31/Add.2, para. 61). 11