47
self-aggression acts, considered serious disciplinary misconduct and sanctioned, with the
CPT's recommendation not to sanction the self-aggression acts anymore.
The CPT emphasized (including on the occasion of the periodic visit to Romania in
2014) that such acts often reflect the suffering that the detainees in question are experiencing
or the problems and conditions of a psychological or psychiatric nature. Accordingly, such
acts should be approached from a therapeutic point of view rather than punitive and
recommended the modification of the legal provisions accordingly (Country Report,
paragraph 115).
Following the recommendation of the People's Advocate (Recommendation no.
34/2019), the management of the National Administration of Penitentiaries informed us that
they sent to the Ministry of Justice a draft law for amending and completing Law no. 254/2013
regarding the execution of the punishments and measures of deprivation of liberty ordered by
the judicial bodies during the criminal trial, according to which, at Art. 101, after para. (3), a
new paragraph is inserted, para. (31), with the following content:
"(31) The convicted persons diagnosed with serious mental illnesses cannot be
sanctioned for non-observance of the prohibition provided in Art. 82 letter. ț).”
Other proposals:
► Establishment of detention centers and preventive arrest of own medical offices (as
in penitentiaries).
Currently, most centers cannot provide, according to the law2, medical assistance
(primary, emergency and specialized) to persons deprived of their liberty, at their request or
whenever it is necessary, because there are no medical offices inside them.
► the introduction of the standardized forms for the requests made by the persons
guarded by the detention and preventive detention centers, forms that are self-copying, so that
the guarded persons will receive a copy according to the requests made to the staff of the
center, at the moment of their formulation, and can prove that have submitted / registered the
application.
Thus, the possible abuses by the administration of the centers can be avoided (for
example: the applications are not registered and filed in the application file of the guarded
persons).
►complete Law no. 35/1997, republished, in the sense of providing for the publication
of the recommendations of the People's Advocate formulated in emergency regime, in case of
finding serious violations of human rights, in the Official Journal, similar to the situation
existing in France, where the General Controller of the places where people are deprived of
their liberty (Contrôleur general des lieux de privation de liberté - CGLPL) publishes
Emergency Recommendations in the Official Journal of the French Republic (according to
the law for the establishment of the CGLPL of October 30, 2007, Art. 9).
Actions to promote the duties of the Department for the prevention of torture in
places of detention (NPM), participation in conferences, domestic and international
symposiums, staff training
In order to increase the awareness of the authorities that have subordinated units
subject to NPM monitoring, regarding the prevention of torture and ill-treatment, the members
of the NPM carried out an extensive activity of publicizing in 2019. During the events were
presented: the NPM Activity Report for the year 2018; concepts such as human dignity,
torture, inhuman treatment, degrading treatment and the prevention of torture; legislation
2
Art. 71 paragraph (1) and para. (2) of Law no. 254/2013 – the right to medical assistance, treatment
and care of the convicted persons is guaranteed.
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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