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

Select target paragraph3