E/CN.4/2006/6/Add.2
page 49
232. Recommendation (k) stated: Any public official indicted for abuse or torture should
be suspended from duty pending trial.
233. According to information received from NGOs, high-ranking public officials are never
suspended from their positions pending trials on allegations of torture and ill-treatment.
However, some police officers of inferior rank have been suspended pending trials on allegations
of torture and ill-treatment.
234. The Government informed that police officers who are released on bail are allowed to
carry out the activities set out in writing by the head of the police section. Police officers who are
remanded in custody are suspended and required to return their identification cards, badges and
any weapons. Article 65 of Law No. 360/2002 was amended in 2004 to provide that the decision
as to whether a police officer is to be removed from his post will not be made until after a final
judgment has been rendered. Public servants who work for the penitentiary administration and
are released on bail are allowed to carry out the tasks and duties set out in writing by the head of
their unit. If they are remanded in custody, they are suspended from their posts. Considérant les
dispositions de l'article 62 de la Loi n° 303/2004, republiée, concernant le statut des juges et des
procureurs, le juge ou le procureur sont suspendus de leur fonction quand une action pénale a été
ouverte à leur égard, par ordonnance ou réquisitoire. Ce texte ne distingue pas les catégories
d'infractions pour lesquelles a été entamée l'action pénale ; ses dispositions sont donc également
applicables aux infractions de torture.
235. Recommendation (l) stated: Priority should be given to enhancing and strengthening
the training of all police officials, including non-commissioned officers; the Government
should give consideration to requesting assistance from the Office of the High
Commissioner for Human Rights to train police officials.
236. According to information received from NGOs, police officers still do not receive
adequate training on standards for the treatment of persons who have been deprived of their
liberty.
237. Recommendation (m) stated: Given the numerous reports of inadequate legal counsel
provided by ex officio lawyers, measures should be taken to improve legal aid services.
238. According to information received from NGOs, the Government has not taken any steps
to improve legal aid services. The services provided by state-appointed lawyers are inadequate.
According to the information received, state-appointed lawyers do not take a pro-active role to
provide their clients with an effective defence. Instead, they fulfill a formal role designed to
rubber stamp and legitimize the actions of the police and investigators. The state-appointed
lawyers do not contact their clients before they are interrogated and make formal statements and
they do not initiate visits with their clients whilst they are in pre-trial detention. Furthermore,
they do not bring interim applications, fail to familiarize themselves with the case file and are
passive during court hearings.
239. The Government informed that the fees for the lawyers carrying out legal aid work were
substantially increased on 23 June 2005, as the result of a protocol signed between the Ministry
of Justice and the Romanian Bar Union. In addition, legal aid was extended to all non-criminal
matters, including complaints against the State.
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