CAT/C/ROU/CO/2
further concerned at the absence of a statelessness determination procedure in the State
party (arts. 3, 14 and 11).
The State party should:
(a)
Ensure that all persons applying for international protection have access
to a fair refugee determination procedure and are effectively protected against
refoulement to countries where they risk torture, and consider establishing a
statelessness determination procedure;
(b)
Refrain from detaining asylum seekers and aliens, promote alternatives
to detention, and revise its policy in order to bring it into line with the Guidelines on
the Applicable Criteria and Standards relating to the Detention of Asylum Seekers
and Alternatives to Detention.
Conditions of detention and treatment in penitentiary facilities
13.
The Committee is concerned at the increase in the prison population and at the
continued overcrowding in spite of projects for the construction of new prisons. It is also
concerned at the poor prison infrastructure and material conditions, including in the Gherla
Penitentiary Institution, which was built in 1540, at the persistent understaffing, which
gives rise to violence between prisoners and at the shortage of medical staff and absence of
psychiatrists in the penitentiary health system. The Committee is particularly concerned at
the use of special intervention units in prisons, whose actions are reported to often result in
the ill-treatment of inmates. Furthermore, the Committee is concerned that prison doctors
are required to certify that prisoners sanctioned with disciplinary procedures are fit to
undergo punishment (arts. 2, 11, 12, 13 and 16).
The State party should:
(a)
Enhance the steps to improve material detention conditions in line with
the relevant international norms and standards, including by renovating existing
prison facilities, closing those unfit for use, speeding up the scheduled building of new
prisons and ensuring that living space conforms at least to minimum international
standards, and report to the Committee on progress made in implementing the
“Modernization through repairs” strategy for the penitentiary system for 2015–2020;
(b)
Further enhance the measures taken to reduce overcrowding, which
include the increased use of alternatives to incarceration, such as probation, bail,
mediation, community service and suspended sentences, taking into account the
provisions of the Tokyo Rules;
(c)
Ensure adequate staffing of the penitentiary health system and, in
particular, the hiring of psychiatrists and strengthen the monitoring of vulnerable
prisoners. In order to maintain the relationship between patients and doctors, prison
doctors should not be required to certify that prisoners are fit to undergo disciplinary
sanctions;
(d)
Provide a systematic medical examination of detainees within 24 hours of
their arrival in prison, make appropriate treatments available, especially to detainees
with tuberculosis or HIV/AIDS, and implement programmes related to the
distribution and monitoring of medicines taken, in all penitentiary facilities;
(e)
Put an end to the permanent presence and use of special intervention
units in penitentiary facilities, through improved prison management, by increasing
the ratio of staff to prisoners and by training prison staff in communicating with and
managing inmates;
6