Representatives of the European Committee for the Prevention of Torture encourages the inclusion Mechanism with the same profile, in the structure of the Ombudsman

Date of article: 06/06/2014

Daily News of: 06/06/2014

Country:  Romania

Author: People's Advocate of Romania

Article language: en

Implementation of the National Mechanism for the Prevention of Torture has been on the agenda of the discussions held by the Romanian Ombudsman, Mr. Victor Ciorbea, along with his four Deputies, Mrs. Erzsebet Dane, Mr. Ionel Oprea, Mrs. Magda Stefanescu and Mrs. Ecaterina Teodorescu with the Delegation of the European Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment (CPT), composed of Ms. Maite De Rue, Mr. Joan Cabeza Gimenez, members and Ms. Isabelle Servoz-Gallucci form the Secretariat of the Committee.

During the meeting, the delegation of the European Committee requested information on the budget and staff number effort that would ensure the creation and functionality Mechanism for the Prevention of Torture in the structure of the Ombudsman. In this context, the Ombudsman pointed out that, according to representatives of the institution, it is very important that each team form the structure of the Mechanism to include civil society representatives. He added that currently, at the country level, there are about 2,000 places of detention which would be monitored by the Mechanism.

The parties discussed also the issues brought to the attention of the Ombudsman by the people in places of detention, the most common being overcrowding, hygiene conditions and healthcare. The delegation of CPT wanted to know the causes of the increasing number of inmates in prisons, from 27 000 in 2010 to 33 000 in 2014. The Ombudsman said that this increase is a result of the economic crisis, of the large number of Romanian emigrants abroad, context where there are many children left at home unattended, and commit crimes. Another reason for the increasing number of prisoners mentioned by Mr. Victor Ciorbea was that in the last 12 years, no amnesty Law was adopted. The adoption of such a law is appropriate to exempt acts committed with violence and acts of corruption.

Mr. Victor Ciorbea stated that penal reform, by the adoption of the Criminal Code and Criminal Procedure Code had positive effects, point of view shared by the members of the CPT, who emphasized that it would be necessary that the reform be accompanied by the adoption of temporary measures and concrete, such as amnesty.

At the questions raised by the representatives of CPT, Deputy Ombudsman mentioned that regarding visits to places of detention, the law currently does not allow them to have unannounced character, but confidentiality of discussions with prisoners is assured. Representatives of CPT noted, in turn, that there are a large number of petitions submitted to CPT by prisoners in Romania, which shows that they are not censored, but in 90% cases, those people asked that their identity not to be disclosed.

Deputy specialized in children’s rights, Mr. Ionel Oprea mentioned some of the conclusions of the Report on "Respecting the rights of children deprived of liberty in Romania", prepared with UNICEF Romania, which will be presented this month.

CPT members expressed their support for the integration of the National Mechanism for the Prevention of Torture in the structure of the Ombudsman, with special emphasis on the unannounced character of visits in places of detention. They stressed the necessity of setting up immediately a Mechanism in the structure of the Ombudsman, aspect that will be discussed with the Romanian authorities.