Experts of the Committee Against Torture Commend Romania’s Interaction with Human Rights Mechanisms, Ask About Prison Over-Crowding and Reports of Physical Abuse of Detained Roma and Other Minorities
The Committee against Torture this afternoon concluded its consideration of the third periodic report of Romania, with Committee Experts commending the State’s interaction with United Nations and Council of Europe human rights mechanisms, and asking about grave prison over-crowding and reports of physical abuse of detained Roma and other minorities.
Abderrazak Rouwane, Committee Expert and Rapporteur for the report of Romania, commended Romania’s continuous interaction with various United Nations and Council of Europe’s human rights mechanisms. He said the prison system still suffered from grave over-crowding, with persons often offered only two square metres of space each, conditions being poor, cells lacking equipment, mattresses being infested by bedbugs and other insects, and ventilation being non-existent. Prisoners were kept confined and were not provided with adequate access to exercise facilities: much remained to be done to improve conditions.
Sebastien Touze, Committee Expert and Rapporteur for the report of Romania, said there had been credible reports that the police and gendarmes arbitrarily abused persons deprived of their liberty, namely and specifically Roma and other minorities, with excessive force, including physical abuse - what was being done in this context?
Dan Halchin, Head of the Romanian Prison Administration and head of delegation,
said Romania had 33 prisons for men and one prison for women. Currently there were 12,700 prison police staff and 23,500 inmates. The major priority was to expand the accommodation capacity, which needed an additional 2,800 beds. Plans to this end were on track. In terms of physical infrastructure, the Romanian Government was modernising 31 centres, which would result in over 1,400 beds. It was taking steps to improve the staffing, equipment and material conditions. In 2018, the overcrowding was at 137 per cent and it was now at 130 per cent. The Administration and the Government were committed to ensure that by December 2024, every inmate could be guaranteed four square metres, in accordance with the Council of Europe recommendations.
With regard to the Roma, Mr. Halchin said there was a new bill since 2020 which specifically incriminated any discrimination and manifestation against this large ethnic minority. The safeguards that were brought by this legislation were yet to show results. In terms of the integration of the Roma community in public institutions, for example, every year the Police Academy had five to 10 slots for members of the community, and these slots were fully taken every year. In every stage of professional training, there were slots targeting the problem of Roma stigmatisation.
The delegation said the investigation into cases of offences committed against Roma individuals could take a longer period of time than was optimal, however, all cases brought to the attention of law enforcement structures were treated with the necessary attention. That only a small portion of these were brought before the judge could have various reasons, including the lack of appropriate personnel, or a lack of evidence allowing to classify the treatment as degrading or inhuman.
Claude Heller, Committee Chairperson, in concluding remarks, said the Committee would draw up concluding observations over the next few days, and that document would include up to four specific recommendations that could be achieved within one year. What the Committee wished to see was ongoing dialogue between the Committee and States parties.
Mr. Halchin said it had been a great experience. A lot of work had to be done - things that might be taken for granted could not be just left alone, they had to be seconded by legislation and infrastructure and commitment by every professional and every person responsible or in charge of a certain domain. He was sending a message of Romania’s full cooperation to the Committee and its Rapporteurs.
The delegation of Romania consisted of representatives of the Romanian Police; the National Centre for Mental Health and the Fight against Drugs; and the Permanent Mission of Romania to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Romania at the end of its seventy-seventh session on 28 July. Those and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet at 3 p.m. on Friday, 21 July, to conclude its consideration of the seventh periodic report of Spain (CAT/C/ESP/7).
Report
The Council has before it the third periodic report of Romania (A/CAT/ROU/3).
Introduction of Report by the Delegation
DAN HALCHIN, Head of the Romanian Prison Administration and head of delegation, said the custody of people serving sentences in prison, dealing with mental illness or institutionalised because of disabilities or advanced age, had come a long way from the early 1990’s to present day. The legal framework, the infrastructure and the tools used were good indicators of the commitment to implement the best practices in each area. Efforts were being made towards improvement: a lot of work still needed to be done, and for that Romania was committed to observe the recommendations of international bodies, including the Committee against Torture and the Subcommittee for Prevention of Torture.
The Romanian Prison Administration fell under the competence of the Ministry of Justice and was composed of 33 prisons for men, one prison for women, six prison hospitals, four detention centres for youth and four support training and logistic units. Currently there were 12,700 prison police staff and 23,500 inmates. The major priority was to expand the accommodation capacity, which needed an additional 2,800 beds. Plans to this end were on track. One other priority was the reintegration of the inmates, and a significant number of prisoners were working or going to school. In addition to this, there were over 100 social reintegration programmes in all areas, such as mental health, substance addiction, sexual abuse, domestic violence, resistance to authority etc. All this array of activities and programmes steadily decreased the recidivism rate, from 46 per cent in 2012 to 36.9 per cent in 2022.
Detention and Remand Centres were organised under the General Police Inspectorate, which fell within the competence of the Ministry of Internal Affairs. This subsystem was functioning under the legal provisions of the Code of Criminal Procedure and the law for the execution of penal sanctions and preventive measures. In terms of physical infrastructure, the Romanian Government was modernising 31 centres, which would result in over 1,400 beds. In addition to the infrastructure, the leadership of the Ministry of Internal Affairs was taking steps to improve the staffing, equipment and material conditions, including transportation, needed for the centres countrywide.
The Ministry of Health was aware that the issues of mental health and substance abuse were often related and interconnected. To have a proper response to this challenge, an integrated approach was needed, and indeed steps in term of planning and financing had been taken. The Ministry had developed and submitted a mental health national programme designed to cover multi-dimension areas, including prevention and education in all medical units, providing information for the general population, reducing stigma for medical staff and patients, and facilitating social reintegration.
During the past years, Romania had adopted a series of measures to promote and further expand the rights of persons with disabilities. One of them was the support for deinstitutionalisation - in November 2022, Romania adopted a new strategy for institutionalised persons in order to support deinstitutionalisation. The strategic goal was to achieve independent living for persons with disabilities, in accordance with the principles of the United Nations Convention on the Rights of Persons with Disabilities. Romania had also initiated a series of flagship projects to develop and to further expand the social services network for persons with disabilities. An important measure concerned enhancing legal representation for persons with disabilities.
Questions by the Rapporteurs
SEBASTIEN TOUZE, Committee Expert and Rapporteur for the report of Romania, said he had been surprised by the lack of submissions by civil society organizations, as well as their absence from the meetings, and he wondered what was the reason for this as it was very unusual and regrettable. What steps had Romania taken to domesticate the various provisions of the Convention into national legislation? There were a few problems with legislation being aligned with the Convention. He inquired whether the statute of limitations of five years applied to cruel, inhuman or degrading treatment or punishment?
On fundamental legal safeguards, he noted that information on the rights of inmates was posted in places of detention, but that this was in complex legal language and was not provided in minority languages. Authorities had a duty to inform detainees of their rights at the moment of their detention, but this appeared to not be done, and they were not informed systematically of the cause of arrest. Further, this must be done in a language understood by the detainee, and they must be taken before a judge in less than 24 hours - this did not seem to always be the case. What were the authorities doing in order to remedy these issues, which were core safeguards for detainees?
How often were alternatives to pre-trial imprisonment made use of, Mr. Touze asked, and what were the figures with regard to their use? Persons deprived of their liberty had the right to access to a lawyer, according to legislation, and this generally appeared to be respected, with legal advice and aid provided, but despite this general trend, it was clear that the law was only partially applied. How were lawyers and detainees given privacy for discussions?
There was a contradiction between the principle of judicial independence and its practice, as evidenced in recent incidents, as it seemed the independence of the judiciary had been hampered and compromised by political parties that had perpetrated politically-motivated sanctions or harassment. There was a growing awareness and will to do something about this. Mr. Touze asked how the Romanian Government intended to shoulder its obligations under the various international instruments that directly and indirectly related to the independence of the judiciary.
Under the law, discrimination and harassment based on ethnic criteria were illegal, and public incitement to hatred and discrimination against a certain category of people was grounds for imprisonment and fines. Anti-Semitism and xenophobia were aggravating circumstances that could lead to heavier sentences. There was a robust legal provision in Romania in this regard that met the legal provisions of the Convention, however, Mr. Touze said there were still several issues.
The first was that investigations and prosecutions of incidents of violence against ethnic or religious minorities were very rare: were there any figures or data that would allow the Committee to understand the specific legislative implementation of these provisions, given that there were complaints of acts of harassment, police brutality and assault perpetrated against Roma persons, which did not appear to have been investigated. What was the methodology developed for investigating such cases? What was being done to reduce incidents of discrimination and violence against the Roma population? What was the concrete judicial practice in reality with regards to the prohibition of discrimination? Victims of acts of violence could request relief for the effects of their torts, and Mr. Touze requested further information on this, asking how this was granted, and using which modality?
On police violence, Mr. Touze asked what was being done to ensure the independence of the investigative units that carried out such investigations under the coordination of the Prosecutor. What sanctions and measures had been applied? It seemed that the officers carrying out these investigations would have to face consequences. What were the legal recourses if there was a suspicion that impartiality had been compromised? Were there figures for the numbers of convictions and what sentences had been handed down? What means could be implemented to ensure that these issues that hampered the general process to investigate cases of police violence could be resolved? Mr. Touze asked for examples of relevant cases and judicial decisions, which were lacking in the replies provided by Romania previously.
There had been credible reports that the police and gendarmes arbitrarily abused persons deprived of their liberty, namely and specifically Roma and other minorities, with excessive force, including physical abuse - what was being done in this context?
ABDERRAZAK ROUWANE, Committee Expert and Rapporteur for the report of Romania, commended Romania’s continuous interaction with various United Nations and Council of Europe’s human rights mechanisms. Concerning allegations of ill-treatment in prisons, and to continue what had been said by Mr. Touze, Mr. Rouwane said that there were three cases of mechanical fixation to beds in prisons, in which persons were strapped to beds by the hands and the ankles - the measures were, in some cases, a type of informal punishment. The Committee had recommended in 2015 the dissolution of the masked intervention groups, and yet the mandate and the role of these groups had not changed. What measures had been taken to ensure free and confidential medical examination of prisoners who alleged ill-treatment? Had all healthcare staff in prisons been given training on the Istanbul Protocol and its update? Were there statistics available on complaints of ill-treatment and resulting prosecutions?
The prison system still suffered from grave over-crowding, with persons often offered only two square metres of space each, conditions being poor, cells lacking equipment, mattresses being infested by bedbugs and other insects, and ventilation being non-existent. There were reports of lack of hot water and heating in winter, and prisoners not being provided with adequate amounts of hygiene and cleaning products. Prisoners were kept confined and were not provided with adequate access to exercise facilities: much remained to be done to improve conditions, including increasing staffing figures, recording injuries, comprehensive medical screening on entry to prison, and providing support to prisoners with drug addiction issues.
The lack of psychiatric services was also a concern, Mr. Rouwane said: not all prisoners had support from doctors and nurses dedicated to mental health. There were also reports of persons who had suffered from tight handcuffing and still bore physical marks. Could the delegation provide information as to the number and fate of complaints made due to violations of such nature? Had there been developments at the legislative and institutional level with regard to improvements to remand centres? What had been done to ensure domestic remedies with compensatory effects? He welcomed any other comments on these issues.
On conditions in psychiatric and social care institutions, it had been reported that persons with psychiatric issues suffered abuse in such institutions, and there had been certain cases of serious physical violence perpetrated against them. A national plan had been adopted by the Government to ensure access of persons with disabilities to justice - what measures had been taken by the Ministry of Justice to ensure the implementation of this plan? An obligation had been instituted by all institutions to report all deaths of persons in custody - had this had effect?
Romanian legislation still allowed the detention of persons with intellectual disabilities - were their rights respected under such detention? There was a lack of safeguards ensuring the access of persons with intellectual disabilities to their rights. The law did not provide for a judicial review of prolonged placements in psychiatric and social care institutions. Concerning placement in social care homes, the law only regulated voluntary placement or placement requested by a legal guardian or representative - was this the case? Were these placements subjected to regular review? Information brought before the Committee showed that currently the only form of legal representation allowed to such persons was under the form of guardianship, leaving them without independence. There were also improper living conditions in many of these institutions, and a lack of medical training among employees.
On asylum, migration and non-refoulement, Mr. Rouwane referred to asylum requests, noting that no information had been provided as to the number approved due to the risk of torture in the country of origin. There had been a rise in asylum requests from Ukrainian nationals, including unaccompanied minors. Although Romania was a party to the 1961 Convention on the reduction of statelessness, Romanian law continued to lack provisions for children born in Romania who were stateless due to the lack of ability of their foreign parent to pass on nationality. This was in contravention to the 1977 Convention on nationality to which Romania was a party, and there was no dedicated mechanism to identify and provide protection to stateless persons. Mr. Rouwane asked the delegation to comment on this. Was the Government planning any changes to the law to remedy this situation?
Amendments to the law had extended the grounds on which asylum applicants could be detained or held in public custody centres, including those who were awaiting a decision on their application. Mr. Rouwane raised issues connected to the detention of asylum-seeking children, both accompanied and unaccompanied, including with regard to the age-assessment test. Concerns had also been raised with regard to women victims of gender-based and sexual violence and their treatment at the border: what measures had been taken to ensure that an adequate and fully-functional mechanism was in place to deal with persons with specific needs, such as minors? What was being done to ensure that unaccompanied minors were kept in safe locations? What was being done with regard to reports of increased violence in cases of expulsion and push-back of refugees to other countries?
On trafficking in human beings, Mr. Rouwane commended the national action plan and national strategy in this regard, and the amendments to the Criminal Code increasing the minimum penalty for trafficking in children and providing for aggravating circumstances. However, various reports raised concerns that trafficking in women and girls for the purpose of sexual exploitation remained a great concern, as Romania remained a source country, with the highest number of traffickers and traffickees in the European Union.
There were also issues with regard to impunity, insufficient resources and insufficiently equipped centres, many of which were provided by non-governmental organizations. Legislation provided free legal aid to victims of trafficking, but there were a limited number of lawyers specifically trained in this area. There was also a lack of experienced and qualified interpreters which impeded the identification of victims of trafficking among asylum seekers. Could the delegation provide information on the number of persons brought before courts for the crime of trafficking? What was the situation with regard to an update to the law extending the statute of limitations and increasing the minimum penalty?
On domestic violence, gender-based violence, and violence against children, Mr. Rouwane said the Committee noted the update to the laws and the adoption of a national strategy and measures to implement the directive of the European Parliament ensuring minimum standards for the rights of victims of crimes, as well as the adoption of plans in December 2022 to improve the situation of women. And yet, it appeared that domestic violence, early marriage, and sexual exploitation were widespread among certain categories of girls and women. Women engaged in street prostitution often suffered from police violence, and there were various barriers to seeking redress, including financial. Sexual violence committed against children remained a serious issue, and the law did not prohibit it, nor did it prohibit corporal punishment perpetrated against children.
There was no legal provision protecting the members of the National Commission on Human Rights. What measures had been taken by the Government to address the recommendations made to strengthen it to effectively and independently discharge its mandate in the field of promoting and protecting human rights, including in combatting torture in line with the Paris Principles?
Responses by the Delegation
DAN HALCHIN, Head of the Romanian Prison Administration and head of delegation, responding to these questions and others, said Romania was very forthcoming and willing to provide any update, clarification or data that could shed light on various topics or show the level of progress made over past years. In terms of the community of non-governmental organizations not engaging in the specific issues, he could not express a reason for this, but in terms of the prison service the Government cooperated with over 60 non-governmental organizations, and the Ministry of Internal Affairs with over 70 non-governmental organizations. Why they had not sent any feedback to the Committee was unknown. The Government relied on transparency, and was very careful about that issue.
On the application of law 405 from 2018, the delegation said there had been constant efforts by the Romanian Police Inspectorate to consolidate capacity and in 2019 there had been a legislation update that modified internal legislation in regard to police organisation. On the issue linked to separate registries to include the persons under remand and in custody, there was a slow transition to an electronic registry, and it was hoped that soon there would be no pen-and-paper registry, but modern software and online registration.
Persons brought into remand or arrested were covered by legislation with regard to their rights. It was true that there might be some delay in translating their rights into some languages, but the issue was dealt with by either accessing a translator immediately, or by diplomatic representation within Romania. The array of languages covered was 14. In terms of how judges evaluated the social threats of some criminal cases, there had been a decrease in appeals to sending people to remand, but no figures were available. There were cases where public opinion was unhappy at court rulings, but judges were resorting less and less to remand and arrest. If a detainee could not afford a lawyer, then a lawyer was provided: there was no barrier in their communications. Lawyers had full access day and night to prisons and arrest centres.
With regard to the Roma, there was a new bill since 2020 which specifically incriminated any discrimination and manifestation against this large ethnic minority. The safeguards that were brought by this legislation were yet to show results. In terms of the integration of the Roma community in public institutions, for example, every year the Police Academy had five to 10 slots for members of the community, and these slots were fully taken every year. In every stage of professional training there were slots targeting the problem of Roma stigmatisation.
In terms of investigating issues of hate crimes, the Romanian Police Force had a new unit at its headquarters dedicated to the issue of hate crimes since May 2021. This was to better coordinate and give the necessary indication for the units territory-wide that investigated these crimes. Since 2021, as per a Government decision, there was a new strategy specifically targeting hatred, radicalisation, xenophobia and hatred-instigated public speeches. In this strategy there was a mechanism gathering data for analysis.
On the issue of the independence of investigations into police actions, the professional relationship was only between the police investigator and the prosecutor - there was no link between the specific police officer and the police Chief Commissioner; this safeguard provided the necessary independence ensuring the investigation would not be tampered with, even if these included the investigation of police or law enforcement officers. There were legislation safeguards doing this.
In 2021, Romania had received a mission from the Council of Europe which stated concerns regarding the physical immobilisation of prisoners on their bed: Romania had asked the Council of Europe for support on this matter, and had received a grant which had been used to bring together experts to discuss how to deal with persons in distress and with serious mental issues. A tangible mechanism would emerge from this discussion, both in terms of process and procedures, and there would be sections in prisons taking care of persons with serious mental issues, and a prison hospital in each of the main four prisons would be able to take care of such persons in situations of serious crisis. The infrastructure was being adopted to this end, as was the staffing schema, to ensure that there were at least one or two psychiatric doctors and more specialised nurses.
Mr. Halchin said that concerning over-crowding, steps had been taken to reduce this and there had been a slight decrease. More places would be provided this year, which would reduce it further, and it was hoped that the issue would be resolved by December 2024. There were still issues with prison infrastructure, but the Government was working to resolve this and to slowly replace, overhaul and close those prisons that were not up to modern standards. There had been an aggressive hiring programme since 2021 to hire medical staff, including nurses and medical doctors. The Ministry was confident that by the end of the year things would be much better. There had been an increase of 70 per cent in the psychological capacity, with approximately 63 new positions, which was a significant increase in the capacity for dealing with disturbed inmates.
Regarding prisoner complaints, at the end of 2021 an Office had been established that was run 24/7 inside the national headquarters, with the sole responsibility of monitoring aggressive incidents, such as conflict between prisoners, allegations of sexual abuse, and allegations against staff. In future, inmates would be able to call directly to this office from their cell or dormitory where a telephone was already available. Any non-governmental organizations that wished to access prison hospitals had to have appropriate staff, the delegation said, and up until now there were two non-governmental organizations that had applied to do so - one had been granted this access, and the other required more documentation before it could have access. On actual conditions in psychiatric hospitals, the National Centre for Mental Health had begun a country-wide array of visits with the specific focus to check infrastructure and material logistics conditions.
Overcrowding in psychiatric hospitals was due to a range of factors, including the lack of specialised staff and the lack of community care. The Government had a finance line from the general national resilience plan, funded by the European Union, to increase the number of beds available in psychiatric hospitals. With regard to training of specialised staff, work was being done to train psychologists in forensic psychology and psychiatric forensics. There was also training for nurses working in the mental health field.
In terms of community psychiatry, there was a pilot project that implemented this kind of approach at the county level and once it was assessed, plans would be made to scale it to the regional and then the national level, which would provide a decrease in over-crowding in psychiatric hospitals and increase chances for the patient’s reintegration, and a decrease in overall costs for running these facilities. On deaths inside psychiatric hospitals, since 2013 it was mandatory for all hospitals to report these to the Institute on Psychiatric Health. Domestic legislation on mental health was complex and plans were being made to establish an inter-departmental Working Group to which non-governmental organizations and academics would be invited in order to determine the best provisions for mental medical health.
Mr. Halchin said the national plan for persons with disabilities had been approved, and there was a plan for its implementation. Audits were carried out all over the country on institutions that had vulnerable individuals in custody. The process was ongoing, and to date more than 1,000 out of 5,000 centres had been audited, showing that 56 orders to remedy minor problems were issued, 43 units were suspended, and six were closed indefinitely. Up to date, based on the evidence found by the audit teams, at least nine criminal charges were brought before prosecutors, five on infringements against the person, and the other four were of an economic nature. Fines and sanctions were also applied during this process amounting to approximately two million euros.
Regarding legislative measures concerning persons with disabilities, in May 2022 a new law for the protection of persons with intellectual and psycho-social disabilities was adopted. The vast majority of reported deaths in custody in psychiatric hospitals had not resulted in criminal convictions. All patients with disabilities underwent an annual review of their diagnosis, and persons with intellectual disabilities were provided with a counsel to aid them in understanding the real-world context they were in, including legal and administrative aspects.
On guarantees on involuntary institutionalisation, the current legislative framework, updated in 2012, provided the necessary functional mechanisms, including the involvement of a magistrate in the initial decision in all cases to ensure that the patient’s rights were respected. Involuntary hospitalisation did not take place in social centres, given the risk of harm to the person and to others: such persons were exclusively held in psychiatric institutions until they were released back into society. Although the status of vulnerable individuals was a sensitive one, Romania considered that legislation was adequate, whilst recognising that it did depend on the personnel and resources available. When failure occurred, then there was a reaction. In case of relocation due to improvement of the situation, psychiatric hospitals made a request to the relevant structure, which carried out an urgent social investigation, and with the consent of the person involved, to host them in a centre for adults.
Bed restraint cases were applied in extremis when every other measure, including educational and psychological, failed, and the person was a danger to themselves and others. It was applied with input from the Ministry of Health. In exceptional conditions, the restraint of convicted persons was only conducted with constant supervision, with the presence of medical personnel, and after informing the relevant magistrate, within the prison, in a dedicated space in the infirmary. The termination of restraints was carried out after a health assessment and a monitoring of health parameters. The health of the immobilised detainee was assessed every four hours.
An operational room within the Penitential Administration was established in 2022 with the main responsibility of ensuring that every negative aspect that involved an element of violence, whether verbal or physical, was treated as per internal procedures. Inmates were also being given the means to contact the authorities directly from their cell in case of complaints about other inmates or prison staff. The Administration was aware of the issue of prison overcrowding, and strong measures were undertaken to ensure the appropriate conditions for custodial sentences. In 2018 the overcrowding was at 137 per cent and it was now at 130 per cent. The Administration and the Government were committed to ensure that by December 2024, every inmate could be guaranteed four square metres, in accordance with the Council of Europe recommendations.
The Administration was fully aware of the need to improve the environment for the rehabilitation of detainees, and acknowledged that there was a significant part of the prison infrastructure that was outdated. In addition to efforts to increase housing capacity, it was implementing measures to ensure that bedding and collective hygiene was respected for each inmate. Regarding the hot water provision, there were still some issues, however, all detention units had increased the frequency of providing hot water from once a week to at least twice a week. Regarding heating in cells, standards were maintained, and there were no complaints - there was, however, an issue regarding air conditioning in the hot season. Progress had been made in this regard in the medical areas, hospital prisons, and certain newer institutions.
Approximately 40 per cent of detainees were classified in open and semi-open regimes, and detainees had free access to exercise and yards. Detainees could access social reintegration programmes outside detention rooms. There were 400 inmates who were on day-release work programmes without supervision. The need to increase the staffing level for medical personnel in prisons had been fully acknowledged - there was a constant challenge for the national administration system to provide medical staff. In response to this situation, the Government had approved a memorandum that cleared the penitentiary system to advertise positions available in the sector. Due to constant levels of attention over the past two years, staffing levels had now reached 70 per cent of needs.
Detainees with allegations of ill treatment had access to medical services under the umbrella of confidentiality. As part of the Administration strategy to provide assistance to inmates suffering from mental health issues, complementary to hospitalisation in specific units, there had also been consideration of setting up special areas in other prisons, helping to provide adequate psychiatric care and ensuring that vulnerable prisoners were separated from other prisoners. All these prison units would benefit from two psychiatrists, as well as specialised nurses and psychologists.
For female detainees, a screening for sexual abuse was performed, including a medical consultation and a comprehensive examination of the uro-gential system by medical personnel. A protocol was followed for any person showing signs of abuse, and the local prosecutor’s office was informed. Medical findings were recorded in a special file that was available at any time for the inmate or their family, police, or prosecutor.
On trafficking in human beings, Mr. Halchin said amendments had been made to the Criminal Code to penalise the knowledge of certain forms of trafficking and a failure to inform the authorities. The Special Office of the Prosecutor for Investigating Organised Crime was responsible for investigating and prosecuting cases of human trafficking, and had established a special body with the aim of investigating human trafficking and providing training to prosecutors, forming a specialised team with police officers and prosecutors specialised in combatting human trafficking. A brief overview of trafficking in persons at the national level had been included in the national strategy against organised crime.
To increase the effectiveness of measures adopted to combat violence against children, amendments to the Criminal Code had been made to criminalise all sexual acts against children under the age of 16. Regarding the fight against domestic violence and based on the studies on the phenomenon, laws had been amended in order to ensure effective legal instruments and administrative measures for the victims of this type of aggression, and protection orders were issued by the police and the courts. The provisional protection order could remove the aggressor from the home.
With regard to the national human rights institution, legal amendments by Parliament had designated the Ombudsman’s Institution as a national human rights institution in compliance with the Paris Principles. Almost two thirds of the vacancies had been filled. The Ombudsman and the national human rights institution had begun accreditation as per the Paris Principles.
All persons arrested were informed of their rights, and provided with a lawyer. To enhance compliance with this, courses were conducted in police schools under the aegis of the Ministry of Internal Affairs. Notions of international humanitarian law, the provisions of the Geneva Conventions regarding the prohibition of torture and the concept of criminal law related to rights and obligations, as well as the methods used by all parties in the penal process were all part of this education. Persons deprived of their liberty were ensured the right to receive visits from family members as well as lawyers who represented them in the criminal process. Lawyers had 24/7 access, with no restrictions. The same applied to the ability to make phone calls.
Investigation into cases of offences committed against Roma individuals could take a longer period of time than was optimal, however, all cases brought to the attention of law enforcement structures were treated with the necessary attention. That only a small portion of these were brought before the judge could have various reasons, including the lack of appropriate personnel, or a lack of evidence allowing to classify the treatment as degrading or inhuman. On the allocation of specific places for persons of Roma ethnicity within the Ministry of Internal Affairs, there was interest in extending this to the education systems within the prison system. The Criminal Code dealt with incitement to hatred or discrimination against Roma individuals, including offences related to all manifestations motivated by hatred.
Questions by Committee Rapporteurs
SEBASTIEN TOUZE, Committee Expert and Rapporteur for the report of Romania, asked if there had been any assessment of the results of the project held on hate crime. With regard to non-discrimination, some positive steps had been taken, and further consideration should be given to that as young people needed to benefit from positive steps against discrimination. While there was a lot of work to be done in terms of integration and changing public perceptions, it was clear that work was being done. It was a recurrent issue when examining the reports of Romania to various treaty bodies.
Mr. Touze referred to reporting software and how it was used, asking for more information. On fundamental legal guarantees, and ongoing training of police, he considered this to be particularly important, suggesting a mechanism to ensure that those who had not been able to ensure that their basic rights had been upheld during detention reported to that mechanism, specifically raising the issue of language.
Noting the very strict detention regime during the COVID-19 pandemic, some of which could be considered as a derogation measure, Mr. Touze said this was a tricky issue, and therefore he required more clarification.
ABDERRAZAK ROUWANE, Committee Expert and Rapporteur for the report of Romania, said many questions remained without response. Generally speaking, it had been a fruitful dialogue, and this was an occasion for Romania to benefit from it to take into account recommendations and observations for the promotion and protection of human rights and continue implementation of the provisions of the Convention. With regard to over-crowding in prisons, and the efforts ongoing in Romania to resolve this issue, this was a global issue, and important for all States that came before the Committee. Was Romania envisaging adopting alternatives to detention, knowing that they contributed significantly to overcoming the issue of overcrowding in prisons and other places of detention? Were the Tokyo Rules integrated into the prison system reform currently taking place? What alternatives were provided to imprisonment, including to imprisonment of children as under the Beijing Rules, which stipulated the need for non-custodial measures.
On the United Nations Voluntary Fund, Romania had so far not contributed to this - did it envisage to do so? Was there a specific training on the Istanbul Protocol in its updated version to staff in prisons? On asylum seekers and refoulement, he had not heard a response to his earlier questions, and he would appreciate answers, even if this had to be in writing later. He then requested more information on the 1,200 asylum seekers and whether there were victims of trafficking in human beings identified among them. Regarding the draft law pending before the Chamber of Deputies on the exploitation of criminal activities linked to trafficking in human beings, he also asked for more information.
Responses by the Delegation
DAN HALCHIN, Head of the Romanian Prison Administration and head of delegation, responding to these questions and issues, said the Penitentiary Services had managed to reach 80 per cent vaccination of prisoners against COVID-19 within three months. Further information would be provided on other issues within 48 hours. This was all the information that he could provide at the moment.
Concluding Remarks
CLAUDE HELLER, Committee Chairperson, said it was important to remember that when a State party was presenting its report, the delegation needed to have representatives of the various State bodies connected with the subject matter under the Convention so that the Convention could be addressed comprehensively, including the conceptual and operational parts, and all the relevant aspects. The Committee would draw up concluding observations over the next few days, and that document would include up to four specific recommendations that could be achieved within one year. What the Committee wished to see was ongoing dialogue between the Committee and States parties. The concluding observations would be transmitted on 26 July to the Romanian mission, and additional factual information could be provided in that regard. The Committee always maintained the position that in fulfilling its obligations to monitor compliance by States parties to the Convention, it made positive recommendations arising from the debate. That was the underlying intention.
DAN HALCHIN, Head of the Romanian Prison Administration and head of delegation, said it had been a great experience. A lot of work had to be done - things that might be taken for granted could not be just left alone, they had to be seconded by legislation and infrastructure and commitment by every professional and every person responsible or in charge of a certain domain. He was sending a message of Romania’s full cooperation to the Committee and its Rapporteurs.
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CAT23.014E