CAT/C/ROU/CO/2
preventive mechanism to take advantage of the experience of civil society
organizations in this field.
Juveniles
17.
While noting that amendments to the Criminal Code have abolished the penalty of
imprisonment for minors, the Committee is concerned that numerous children continue to
be held in detention centres with prison-like conditions. It is also concerned that children
are often questioned by law enforcement officials in police stations without the presence of
their lawyers or legal representatives (art. 2).
The State party should bring the functioning of institutions dealing with minors into
compliance with national legislation abolishing the penalty of imprisonment for
minors and develop a system of juvenile justice that guarantees international
standards, including the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines
for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty and the
Guidelines for Action on Children in the Criminal Justice System. Children
questioned by law enforcement officials should be afforded fundamental legal
safeguards.
Training
18.
While taking note of the training provided to public officials involved in custody
transfer and public order, the Committee is concerned at the absence of specific
methodologies to evaluate the effectiveness and impact of such training as regards torture
and ill-treatment. It is also concerned that training on the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol) is not provided systematically to all
officials who document and investigate cases of torture (art. 10).
The State party should:
(a)
Further develop and strengthen training programmes to ensure that all
public officials, including law enforcement, prison and immigration officers, as well as
judicial staff, are aware of the provisions of the Convention;
(b)
Systematically provide training on the Istanbul Protocol for medical
personnel and other officials involved in documenting and investigating cases of
torture;
(c)
Develop methodologies to assess the effectiveness and impact of training
programmes on the prevention and absolute prohibition of torture and ill-treatment.
Redress, including compensation and rehabilitation
19.
The Committee takes note that the State party is transposing, into its national
legislation, Directive 2012/29/EU of the European Parliament and the Council of Europe
establishing minimum standards on the rights, support and protection of victims of crime.
Given the magnitude of the acts committed, it is concerned at the slowness of the
proceedings and the meagre results so far of the investigations conducted by the Institute
for the Investigation of Communist Crimes and the Memory of the Romanian Exile, which
have identified 35 persons who held management positions and are suspected of having
committed political crimes during the communist regime and to which there appears to be
no follow-up regarding the identification of victims and the provision of redress (art. 14).
9