► the Questionnaire requested by FRA-APADOR-CH was filled in –
Annex
regarding
interviews
with
representatives
of
the
organizations/institutions involved in monitoring detention conditions. In this
context, the mandate and attributions of the Field regarding prevention of torture in
detention places and the findings of NPM during monitoring visits were presented,
regarding the aspects included in the questionnaire: the fundamental rights of
suspects/defendants subject to preventive arrest (the right to contact a lawyer and a
third party, the access to an interpreter); the suspect’s/defendant’s access to medical
assistance during preventive arrest (medical examinations, protection of the
suspects/defendants against violence, the existence of ways of appeal provided to
suspects/defendants to answer detention conditions); a general evaluation of the
reinforcement of the procedural rights of suspects/defendants in the last two to three
years and the need that such rights are enforced in the following as well.
Furthermore, the preventive role of the Field regarding prevention of torture in
detention places was outlined, as the Torture Prevention Mechanism (NPM).
► the Questionnaire drawn up by the German Institute for Human
Rights for the GANHRI migration workgroup was filled in, which would help
prepare a publication on the role of NHRIs in promoting and protecting migrants’
rights, part of the activities circumscribed to the Global Agreement on Migration.
As for the various aspects resulting from the activity undertaken by the Field
regarding prevention of torture in 2018, we conclude as follows:
►visit teams faced the lack of cooperation upon the visit (the Retirement
Home of Mangalia, where it was claimed that the provisions of OPCAT did not apply
to retirement homes). Thus, it was established that centres for elderly
people/retirement homes were not subject to the monitoring of the Field regarding
prevention of torture.
In this context, we establish that, according to the Optional Protocol, freedom
deprivation means any form of detention or imprisonment or placement of a person
in a public or private detention place that s/he cannot leave at his/her own will, by
order of any judicial, administrative or other authority.
33
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