By the Government Emergency Ordinance no. 48 of 30 June 2014 amending and supplementing Law no. 35/1997 on the organization and functioning of the People’s Advocate Institution - Ombudsman, as well as amending and supplementing certain acts, within the People’s Advocate Institution was established the Field regarding prevention of torture and other cruel, inhuman or degrading treatment or punishment in places of detention that performs the tasks specific to National Mechanism for the Prevention of Torture in Places of Detention for the purposes of the Optional Protocol, adopted in New York on 18 December 2002, to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in New York on 10 December 1984, ratified by Romania by Law no. 109/2009.

A fundamental role in the establishment of the Field regarding prevention of torture in places of detention within the structure of the Ombudsman was represented by its status of independent public authority, being met in this way functional independence requirements established by the Optional Protocol.

Some of the features of the Field regarding prevention of torture in places of detention are:

→ In order to fulfill the duties of the Ombudsman Institution, the administration of detention places shall ensure access to the Ombudsman, the Deputy Ombudsman for the Field regarding prevention of torture in places of detention, as well as to the representatives of the institution, without restriction, in all places of detention for undertaking visits, announced or unannounced, as well as investigations performed in order to resolve petitions received.

→ Public authorities have the obligation to communicate and or, if the case, to make available to the Ombudsman Institution, under the terms of the law, any information, documents or other acts that they poses related to the petitions that were submitted to the Ombudsman, as well as those relating to ex officio initiatives, announced or unannounced visits performed by the Ombudsman Institution in order to fulfill specific tasks of the National Mechanism for the Prevention of Torture in Places of Detention, granting him support for the exercise of his duties.

→ The Field regarding prevention of torture in places of detention will be organized at Central and Territorial Structure.

→ In order to fulfill the activities specific to the Field regarding prevention of torture in places of detention at the Central Structure and at the Territorial Structure will be employed specialists (doctors, psychologists, psychiatrists, sociologists, etc.). Other specialists will also be co-opted than the permanent employees, based on service contracts. External collaborators are selected by the Ombudsman on the basis of proposals received from the College of Physicians of Romania, College of Psychologists of Romania, Sociologists Society and other professional associations.

→ In exercising the activities specific to the National Mechanism for the Prevention of Torture in Places of Detention, members of the visiting team are independent.

→ An additional warranty regarding requirement of independence under the Optional Protocol consists of participation of the representatives of NGOs to the activity of prevention of torture. Consequently, visiting teams will be composed of representatives of the Ombudsman, including doctors, psychologists, psychiatrists, sociologists and other professionals (employees or collaborators), as well as representatives of NGOs.