► in 2018, the People’s Advocate Institution directly notified the
Constitutional Court, upon initiative of the deputy of the People’s Advocate who
coordinates the Field regarding prevention of torture in detention places on the nonconstitutionality of art. 101 par. (1) e) of Law no. 254/2013 on the execution of
punishments and freedom-depriving measures decided by judicial bodies within the
criminal trial, regulating the enforcement of the disciplinary sanction to suspend
the right to visits, pursuant to the visit performed to the Bucharest-Jilava
Penitentiary in 2017.
Thus, the notice of the Constitutional Court held that scientific literature
constantly emphasized that the suspension of the right to receive visits for no more
than 3 months is a sanction to be applied to those who usually perpetrate
infringements during the visits or have perpetrated serious infringements during their
punishment. This sanction has been classified as severe, since the connection with the
outside is extremely important for the convicted.
The suspension of the right to receive visits, as a disciplinary sanction,
reduces the likelihood of providing parole, as the condition regarding good
conduct is not fulfilled. Keeping in contact with the family and engaging in work
are factors determining the social reintegration of detainees.
By way of consequence, based on art. 101 par. (1) e) of Law no. 254/2013,
the detainees may be sanctioned with the suspension of their right to receive
visits, for the perpetrated infringement, which implies suspending their contact
with the family for some time. However, based on Rule no. 43(3) of the Minimum
Rules of the United Nations on the treatment of detainees, disciplinary sanctions
or restrictive measures do not imply forbidding contact with the family.
Means of contact with the family can only be restricted for a limited time and
as strictly provided to maintain order and safety. Including the right to receive
visits in the category of rights that may be restricted and, implicitly, enforcing
the disciplinary sanction consisting in the suspension of the visit right affect the
detainees’ relations with their families and reduces the role of the post-release
social inclusion of persons deprived from freedom.
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