CAT/OP/ROU/1/Add.1
provide the guarantee of a professional intervention in solving the incidents,
intervening only in emergency situations, as the last form of action against the
acts which could jeopardize the order, discipline and safety of the prison.
Para. 54 let. d) - Implementing an easy-to-use complaint procedure, with an
emphasis on accessibility to the most vulnerable prisoners
The Romanian Government would like to remind that the persons deprived of their
liberty can file their complaint either directly to the detention facility
management (Police’s Centres for Detention and Preventive Arrest or prison units),
either by correspondence to any national or international body they want to
address. In this context, the Romanian Government would like to emphasise that
the right to correspondence is not limited what so ever for detainees in the
detention places subordinated to the Romanian Police or the National
Administration of Penitentiaries, so they can file complaints at any moment and
turn to any institutional body they might choose.
According to Law no. 254/2013, the National Administration of Penitentiaries and
the administration of the penitentiary shall have an obligation to ensure the
protection and assistance of the threatened or vulnerable witnesses, executing a
custodial sentence or a measure of deprivation of liberty and also, the protection
and assistance of vulnerable detainees. The criteria concerning the vulnerability
and the protective measures are established by the regulation implementing the
Law no. 254/2013, as follows:
a) sexual orientation;
b)disabilities;
c) mental disorders;
d)ethnic origin;
e)HIV/AIDS infections;
f) committing offences against minors or on the integrity and sexual freedom;
g) a particular social and family situation, lack of support from the support environmental, the
decreased socio-economic status or the socio-economic situation well above the average;
h)the profession or position held prior to arrest;
i) providing information to the institutions responsible for public order and national security
on committing an offence or a disciplinary misconduct;
j) any other similar situations, states or circumstances that may render the detainee
vulnerable.
These criteria do not determine by themselves the classification of the detainee
as vulnerable, only if the detainee is a danger for himself, for others or for the
security of the penitentiary.
Pursuant to the provisions of the Regulation implementing Law no. 254/2013,
within the penitentiary there may be established up special units for juveniles,
women or other categories of persons, who require a specialized detention regime.
Regulation implementing Law no. 254/2013 provides the following protection
measures for the vulnerable detainees and vulnerable and threatened witnesses:
a) the accommodation in a detention room for the elimination of risk factors. The
accommodation in these spaces may be ordered by the director of the penitentiary, on safety
reasons or at the request of the detainees concerned, for the duration required for taking
such measure;
b)establishing the places and hourly schedule of conducting the activities, the travelling
itineraries and persons with whom the detainee came into contact;
c) the appointment of experienced staff for guard, escort, accompanying, surveillance,
monitoring and operational intervention;
18
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