CAT/OP/ROU/1/Add.1
I. Introduction
1.
The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (SPT) visited Romania from 3 to 12 May 2016. The Subcommittee
has requested the Government of Romania to provide its response to the recommendations
included in the report CAT/OP/ROU/R.1* on its visit to Romania. The Romanian
Government submits its response in the following report.
II. Romanian Government’s response
A. Reprisals
Para. 9 Reprisals
2.
Romanian Gouverment would like to assure the SPT members that in the places of
deprivation of liberty visited during the first mission in May 2016, there were no recorded
punishments or penalizations applied to persons deprived of their liberty for having
interviews with the members of the SPT delegation.
3.
In order to prevent or to sanction possible reprisals against the persons detained there
is a series of substantive and procedural safeguards, both through criminalization of
submission to ill-treatment (Article 281 of the Criminal Code) or torture (Article 282 of the
Criminal Code) and by the intervention of some factors of independence in the procedure of
applying disciplinary sanctions (complaint to the judge for the supervision of deprivation of
liberty and appeal before the courts).
4.
At the Romanian Police level, each person who had meetings with the SPT delegation
is informed about the possibility of filing complaints, including by way of calling the
telephone number provided by the SPT and may use the telephone for private calls.
5.
Within the framework of the continuous preparation of the prison system staff are
included topics relating to the prevention of torture and ill-treatment, as well as regarding
discrimination and human rights. Staff training on this line, in conjunction with the
application of the legal provisions concerning the rules of conduct, as well as the unlimited
exercise of the inmates rights, supported by the imprisonment supervision judge (for an
immediate and effective appeal), represents a guarantee to prevent the possibility of
retaliation against persons making claims to the competent institutions (national or
international).
B. Overarching issues
1) Normative, institutional and policy framework
Para. 28-30 The right of any person deprived of his/her liberty to be informed about the
reason of his/her arrest or any charge against him/her and his/her rights during
detention
6.
At present, every detention facility managed by the Romanian Police has booklets
from which the detainee can learn about his/her rights in every room. Moreover, these
booklets have been translated into the most common national minority languages and efforts
are made to provide further translations (an English translation is planned to be provided for
all places of detention as soon as logistical means for printing all the necessary booklets shall
be found). Finally, it should be noted by the SPT that detention officers are instructed to
provide to the detainee all the information about his/her arrest and his/her rights during
detention, both orally and in writing.
7.
All the legal provisions regarding the execution of the punishments (including those
concerning detainees' rights) are accessible to the persons deprived of their liberty.
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