Committee for Prevention of Torture,the custody and care of children is a highly
difficult task, especially since many of them have been subject to physical, sexual
or psychological violence. The staff of a centre having under age individuals in
custody must receive professional training and benefit from support and
supervision in their operation. Staff members and the management of the centre
must form a team to identify issues, discuss them and find solutions together,
within regular meetings.
Moreover, Romania has the obligation to ensure that no child shall be subjected
to torture or other cruel, inhuman or degrading treatment or punishment and shall
take all appropriate legislative, administrative, social and educational measures to
protect the child from all forms of violence.
When exercising its attributions, the field regarding prevention of torture in
detention places (NPM) of the People’s Advocate institution monitors any place
where persons are deprived from freedom; by deprivation from freedom we
understand any form of detention or imprisonment or placement of a person in a
public or private place of detention, that s/he cannot leave at his/her own will, by
decision of any judicial, administrative or other type of authority (art. 4 of the
Optional Protocol to the Convention against torture and other cruel, inhuman or
degrading punishment or treatment; art. 292 par. (35) of Law no. 35/1997,
republished).
To this purpose, the National Prevention Mechanism (NPM) which, based on its
mandate, monitors the observance of international and national legal instruments on
prevention of torture and punishment or cruel, inhuman or degrading treatment plays
an essential part in protecting the rights of the child. Likewise, the Subcommittee for
the Prevention of Torture considers that, regarding the implementation of the
definition of a detention place, it would be desirable “to provide a more extended
interpretation to this definition, so as to increase the impact of the preventive
activities of NPMs”. The state should allow the National Prevention Mechanism to
visit any place under its jurisdiction where persons deprived from freedom (i.e. they
are not free to leave it at their own will) are or could be found, as stipulated by art. 4
and art. 29 of the Optional Protocol.
133
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