I. The prevention of torture and inhuman or degrading treatment or
punishment, in the context of national and international regulations
The recognition of the inherent dignity of all people and of their equal and
inalienable rights is the foundation of freedom, justice and peace around the world.
At the same time, the universal and effective respect for human rights and
fundamental freedoms is a common concept for all peoples and nations striving
for democracy.
On an international level, the absolute prohibition of torture and other
cruel, inhuman or degrading punishment or treatment is regulated by art. 5 of the
Universal Declaration of Human Rights, by art. 7 of the International Covenant on
Civil and Political Rights, as well as by art. 3 of the European Convention on Human
Rights, which stipulate that “No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment”.
As a member of the United Nations, Romania signed the Universal
Declaration of Human Rights, being a party to the two covenants adopted by the UN:
the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights At the same time, Romania has
been a party to the European Convention for the Protection of Human Rights and
Fundamental Freedoms as of 1994 and is subject to the jurisdiction of the Strasbourgbased European Court of Human Rights. Furthermore, as a member of the European
Union, Romania signed the Lisbon Treaty in December 2007, which includes the
Charter of Fundamental Rights.
Article 5 of the European Convention for the Protection of Human Rights and
Fundamental Freedoms protects persons against the arbitrary interference of a
member state with their right to freedom. Any deprivation of freedom is only legal
when included in the exhaustive list of admissible reasons, as listed by the
Convention. Detention measures must be provided by the law and should
protect against arbitrary action. Authorities should perform an analysis of
proportionality and necessity, including an analysis of methods that are
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