CAT/C/ROU/CO/2
ensure that the court always seeks the opinion of a psychiatrist who is not attached to
the psychiatric institution admitting the patient;
(b)
Ensure that every patient, whether he or she is hospitalized voluntarily
or involuntarily, is fully informed about the treatment to be prescribed and is given
the opportunity to refuse treatment or any other medical intervention, and ensure
that involuntary placements are subject to an automatic periodic review;
(c)
Ensure effective legal safeguards for persons in such institutions,
including the right of effective appeal, establish an independent complaints
mechanism and ensure that patients are granted independent legal representation
enabling them to have their complaints relating to the living conditions in the
institution concerned, their health and their treatment examined before a court or
another independent body, and provide redress to victims;
(d)
Urgently improve the conditions and treatment in psychiatric hospitals
and institutions for persons with psychosocial disabilities;
(e)
Promptly and effectively investigate all cases of death in psychiatric
hospitals and institutions, prosecute those responsible for acts of torture, ill-treatment
or wilful negligence, punish them with appropriate penalties and provide redress to
the victims.
Secret detention centres and rendition flights
15.
The Committee is concerned at persistent allegations of illegal detention of persons
in secret detention facilities of the Central Intelligence Agency and of extraordinary
rendition flights into and out of Romania in the context of the country’s international
cooperation in countering terrorism. It is also concerned that, in his application filed in
2012 with the European Court of Human Rights, Abd al-Rahim Hussayn Muhammad AlNashiri claimed that he had been illegally detained and tortured in an Agency detention
facility in Romania; this is currently being investigated by the Romanian Prosecutor
General. The Committee is also concerned at the discrepancy between the information
provided by the State party, and the statements made in December 2014 by the former head
of the Romanian intelligence service which indicated that the authorities had allowed the
Agency to operate detention facilities between 2003 and 2006 where inmates allegedly
suffered inhumane treatment (arts. 2, 3, 12 and 16).
The Committee encourages the State party to continue its investigations into the
allegations of its involvement in a programme of secret detention centres, and of the
use of its airports and airspace by aeroplanes involved in “extraordinary rendition”,
and to inform the Committee of their outcome. The Committee requests the State
party to provide it with information about the outcome of any ongoing investigations
regarding the case of Abd al-Rahim Hussayn Muhammad Al-Nashiri.
National preventive mechanism
16.
The Committee welcomes the establishment of the national preventive mechanism
under the Optional Protocol to the Convention. The Committee is, however, concerned that
it is reportedly not functioning as a fully operational national preventive mechanism (art. 2).
The State party should allocate adequate financial and staffing resources to ensure the
independence of the office of the Ombudsman, in order to enable it to function
effectively in its distinct role as the national preventive mechanism. It should also
ensure that the mechanism has a multidisciplinary team that includes persons with
medical and psychiatric expertise, and that the mechanism visits regularly all places
where persons are deprived of their liberty. The Committee encourages the national
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