CAT/OP/ROU/1/Add.1 C. Segregation of detainees Para. 48 - Separation on certain criteria All detainees are separated according to their sex in Police’s Centres for Detention and Preventive Arrest (CDPA). As for separation according to the gravity of the offence, we hold the view that all detainees must be treated equally, since CDPAs are only used for holding detainees only during their criminal trial. Therefore, any such separation would infringe the detainees’ right to be presumed innocent until proven guilty by a court of law. In regard to separation on the other criteria mentioned by the SPT, there are some issues, all of which are caused by the inadequate detention facilities, especially the lack of housing space. Seeing the great hardship through which the detention facilities must be put to accommodate the detainees properly, the main priority of our institution is to treat every detainee as best as we can, given our limitations. In light of this principle, Ministry of Internal Affairs generally prefer to prioritize the prevention of overcrowding over the separation of detainees based on their age (of course, some exceptions might be made, taking into account all the particular circumstances, in order to insure the prevailing of the most humane treatment possible). In prison units, by the Law it was established the way in which the imprisonment punishments are executed by the special categories of convicts. Thus, convicted women execute the punishment separately from convicted men and the young convicts execute the punishment separately from the convicts aged over 21 or in special designed places of detention. The minors serve the educational measure of deprivation of liberty separately from young persons and the ones aged over 21. The separation or grouping of the inmates may also be based on other criteria, such as: convicted, under pre-trial custody or confined, intellectual and cultural compatibility, interest in work and the degree of risk or vulnerabilities. The young persons are serving the imprisonment punishments in special designed prisons or in special designed sections or spaces, in order to ensure their social, school, educational, professional, psychological, medical and physical protection and assistance, which are necessary taking into account their age, gender and personality. The accommodation of young inmates is made in compliance with separation criteria, including those relating to gender, execution regime and the risk they represent for the safety of the prison. The Law provides that during the trial, the minors in pre-trial detention execute the preventive measure in detention centres (units with a distinct legal regime compared to prisons). In order to be presented to judicial bodies, the minors in pre-trial detention may be transferred to special pre-trial sections in prisons, for maximum 10 days, being accommodated separately from adults. The severity of the committed offence is identified by the final amount of the punishment which results in the execution regime established by the prison administration, the legal framework imposing the separation of the categories of inmates on the basis of the applied detention regime. By the decision of the General Director of the National Administration of Penitentiaries are established the prisons or the prison hospitals, where special psychiatric sections for inmates with severe psychiatric disorders will function, including those caused by alcohol or other psychoactive substances. The inmates with severe decompensated mental disturbances, who could endanger their own safety or the safety of the other inmates, are hospitalized in special sections from hospitals, including those in the prison system, for specific medical treatment and 12