The People’s Advocate Institution considers that the suspension of the right
to visit, as a disciplinary sanction, is not proportional with the legitimate
purpose seen from the perspective of the relation between the general claimed
interest and the individual interest.
Therefore, considering its general competence in terms of protecting human
rights and freedoms, the People’s Advocate institution holds that the provisions 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
go against the provisions of art. 26 of the Constitution regarding private and
family life and art. 53 on the restrained exercise of some rights and freedoms,
compared to art. 8 of the Convention for the protection of human rights and
fundamental freedoms, since a fair balance is not maintained between
concurrent interests, i.e. the state’s interest for public order, and the
individual’s interest in guarantees for his/her private and family life.
► in the context of the provisions of art. 98 of the Government Emergency
Ordinance no. 194/2002 on the status of aliens in Romania, republished,
stipulating that removal under escort is monitored by national, international and
non-governmental organizations and bodies with attributions in the field of
migration, and the assessment reports drawn up pursuant to such activities are sent to
the People’s Advocate, we take note of the reports sent by the Romanian National
Council for Refugees Foundation (CNRR) regarding the monitoring of forced
return under escort on the Romanian territory of migrants staying illegally,
performed by the General Inspectorate for Immigration. Regarding these, the
People’s Advocate Institution asked the General Inspectorate for Immigration to
inform on the decided actions.
Thus, we take note of the CNRR Monitoring Report stipulating that the
General Inspectorate for Immigration forcedly removed five migrants (two from the
Socialist Republic of Vietnam and three from Sri Lanka, of which a woman) from the
Romanian territory, by escorting them to the border point on the Henri
CoandaOtopeni International Airport.
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