Covid-19 hospitals, new places of detention that appeared as a response of the Romanian
authorities to the current epidemiological situation.
The MNP took into account the SPT Opinions adopted between 10-14 February 2020,
and on 25 March 2020 (which were communicated to States Parties and national preventive
mechanisms) stating that: Any place where a person is kept in quarantine and which they are
not free to leave, is a place of detention according to Art. 4 of OPCAT; quarantine facilities
are de facto a form of detention and any other places from which persons are prevented from
leaving for similar purposes (those of quarantine) inexorably fall within the scope of the
OPCAT mandate and therefore within the scope of both of the SPT, as well as of the national
preventive mechanisms established according to OPCAT, among the places of deprivation of
liberty the Subcommittee listing other medical establishments.
In carrying out its activity, the NPM was guided by the do no harm principle,
consequently, the monitoring activity was carried out through classic visits but also through
alternative means, when the existing epidemiological situation required the cessation of visits.
From the beginning of the state of emergency, NPM monitored the
implementation of the measures ordered by the public authorities, as well as their
consequences, requesting information on measures taken to protect detainees (and staff)
against coronavirus contamination and for observance of the fundamental rights of
persons deprived of their liberty, provided that the exercise of certain rights has been
restricted / suspended (for example, the following have been verified: • in penitentiaries, the
actual application of compensatory measures - supplementing the scope of telephone
conversations, online communications, in the conditions of suspending the exercise of the right
to receive visits, the right to intimate visit, the right to receive goods through the visit sector,
etc.; • in psychiatric hospitals: ensuring the connection with the family, the visits of the
relatives being forbidden; the situation of patients following the discharge of all patients who
did not represent emergencies and who did not necessarily require the provision of medical
care in the hospital; the situation of social cases; • in homes for the elderly: ensuring the
connection with the family; the situation of deaths; possible deficiencies in the provision of
medical care; • in quarantine centers: their number and location, capacity, number of persons
placed in quarantine, accommodation conditions provided, rights and obligations of
quarantined persons, incidents and their resolution. The responsible authorities were also
requested to make available to the quarantined persons the brochures sent by the NPM
containing information on the role and responsibilities of the NPM and the contact details).
The answers communicated by the authorities / units will be included in the Special Report on
the MNP's activity in the state of emergency and the state of alert, which will be published at
the beginning of this year.
The above information was requested in approximately 880 letters, sent to the
following authorities: Ministry of Internal Affairs; Ministry of Health; Ministry of Labor and
Social Protection; National Committee for Special Emergency Situations; National
Administration of Penitentiaries (ANP); National Authority for the Rights of Persons with
Disabilities, Children and Adoptions; General Inspectorate for Immigration (IGI); The General
Inspectorate of Romanian Police; The institutions of the Prefect at the level of each county and
of the municipality of Bucharest; General Directorates of Social Assistance and Child
Protection; The local councils of the Municipality of Bucharest and the county councils; town
and city halls; private homes for the elderly. An ongoing dialogue was maintained with some
of the authorities, noting in this regard the availability of ANP and IGI representatives to work
with the NPM in implementing the recommendations and improving the conditions and
treatment of persons deprived of their liberty.
2