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ANNUAL REPORT 2016 the Activity of the Field on the Prevention Of ANNUAL REPORT 2016 The activity of the Field on the Prevention of Torture in places of detention in the year 2016 Romanian People’s Advocate Ms. Magda Constanța Ştefănescu Head of National Preventive Mechanism (NPM) Bucharest, St. Eugeniu Carada St, no. 3, Sector 3 Phone: 0040 21 312 71 34 fax: 004 021 312 49 21 e-mail: [email protected] 1 Table of contents I. International and national regulations on the prevention of torture and ill-treatment – page 5 II. The organization of the Field on the prevention of torture and other cruel, inhuman or degrading punishments or treatments in places of detention – page 10 III. Professional training of members of the visiting teams, and achievements in the activity of the Field on the prevention of torture in places of detention – page 18 IV. Monitoring places of detention by the Field on preventing torture in places of detention – page 35 1. Persons deprived of liberty inside on remand arrest and detention centres – page 39 Positive aspects – page 41 Deficiencies - page 42 Recommendations – page 44 Measures ordered by the visited institutions as a result of the Recommendations – page 45 Case sheets for visits to ORDcs - page 50 Proposals – page 47 2. Persons deprived of liberty in penitentiaries – page 53 Positive aspects – page 57 Deficiencies - page 57 Recommendations - page 59 Measures ordered by the visited institutions as a result of the Recommendations – page 61 Case sheet About the penitentiary riots of July 11-15, 2016 – page 68 Proposals – page 73 Case sheet for a visit to a penitentiary – page 74 3. Asylum seekers/migrants – page 76 Positive aspects – page 78 Deficiencies - page 79 Recommendations – page 80 2 Measures ordered by the visited institutions as a result of the Recommendations - page 80 Proposals – page 82 Case sheet for a visit to a regional centre for procedures and accommodation for asylum seekers – page 83 4. People with mental disorders - page 85 Positive aspects – page 88 Deficiencies - page 89 Recommendations – page 90 Measures ordered by the visited institutions as a result of the Recommendations - page 90 Case sheet for a visit for verifying the implementation of recommendations issued during a previous visit – page 91 Proposals – page 95 Case sheet for a visit to a psychiatric hospital – page 95 5. Children's residential centres – page 99 Positive aspects – page 101 Deficiencies - page 103 Recommendations – page 112 Measures ordered by the visited institutions as a result of the Recommendations – page 117 Proposals – page 120 Case sheet for a visit to a placement centre for children – page 122 6. Houses for the elderly – page 127 Positive aspects – page 128 Deficiencies - page 130 Recommendations – page 132 Measures ordered by the visited institutions as a result of the Recommendations – page 135 Proposals – page 136 Case sheet for a visit to an elderly home – page 136 V. The role of lawyers within the Field for the prevention of torture in places of detention – page 139 VI. The contribution of specialists (physicians, psychologists and social workers) to the activity of the Field on the prevention of torture in places of detention – page 140 a) The role of doctors in visiting places of detention in order to prevent torture and ill-treatment in accordance with international laws in force – page 140 3 b) The role of the psychologist in visiting places of detention, in order to prevent torture and ill-treatment in accordance with international laws in force – page 152 c) The role of social workers in visiting places of detention, in order to prevent torture and ill-treatment, in accordance with international laws in force – page 161 VII. Legislative and administrative proposals – page 170 4 ANNUAL REPORT 2016 The activity of the Field on the Prevention of Torture in places of detention in 2016 I. International and national regulations on the prevention of torture and ill- treatment The right not to be subjected to treatments contrary to human dignity is an inalienable attribute of any human person. In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights, establishing in Art. 5 that “No one shall be subjected to torture, cruel, inhuman or degrading punishment or treatment”. The International Covenant on Civil and Political Rights establishes in Art. 7 that “No one shall be subjected to torture, cruel, inhuman or degrading punishment or treatment”. The European Convention on Human Rights regulates the prohibition of torture in art. 3, which stipulates that “No one shall be subjected to torture, cruel, inhuman or degrading punishment or treatment”. The severity of acts of torture and inhuman or degrading treatment has led to the creation of specific tools for their identification, monitoring and sanctioning. In this respect, the UN Convention against Torture and other cruel, inhuman or degrading treatment or punishment (New York, 10 December 1984, ratified by Romania through Law No 19/1990) and the European Convention for the Prevention of Torture and inhuman or degrading punishment or treatment (Strasbourg November 1987, ratified by Romania through Law 80/1994) were adopted. The absolute nature of the prohibition of torture and inhuman or degrading treatments or punishments, as grave violations of human rights, obliges states to take effective measures to prevent them. To prevent such abuses, during 1970, while the UN Convention Against Torture and other cruel, inhuman or degrading treatment was underway, several international bodies joined forces to find additional, more pragmatic ways to solve these problems. 5 Against this backdrop, inspired by the results of WWII visits to places of detention carried out by the International Committee of the Red Cross, Jean-Jacques Gautier tried to create and implement a system of regular visits to places of detention all over the world. Following a long and difficult negotiation process, a prevention system was implemented on December 18th, 2002 when the Optional Protocol to the UN Convention against Torture and Other cruel, inhuman or degrading treatment (OPCAT) was adopted by the General Assembly of the UN. On June 22, 2006, the OPCAT entered into force after the 20th ratification. The Optional Protocol states in its Preamble; effective prevention of torture and other inhuman or degrading punishment or treatment involves education and a combination of various legal, administrative, judicial and other measures, and the protection of persons deprived of their liberty against any form of torture or cruel and inhuman treatment can be consolidated by non-judiciary, preventive measures, based on regular visits to places of detention. The objective of the Optional Protocol is to prevent torture and other ill- treatment by establishing a system of regular visits by independent international and national bodies in all places of detention, in order to prevent torture and punishment or inhuman or degrading treatment. Under the Optional Protocol, the Subcommittee on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was established within the Committee for the Prevention of Torture; and the State Parties undertook to establish, designate or maintain, at national level, one or more visiting organisms for the prevention of torture and inhuman or degrading treatment or punishment (National Preventive Mechanisms - NPMs). During visits, the Subcommittee on Prevention of Torture and the National Preventive Mechanisms have: ● access to all information on the number of persons deprived of their liberty in places of detention, as well as the number of such places and their location; ● access to all information regarding the treatment of those persons and conditions of detention; ● access to all places of detention and their facilities; ● the possibility to have interviews with persons deprived of their liberty, without witnesses, either personally or with an interpreter, if deemed necessary, as well as with any person who can provide relevant information; ● the freedom to choose the places they want to visit and the people they want to meet. As a follow-up to the visits made by the SPT or the NPMs, recommendations from international and national experts on the improvement of internal prevention measures are presented for implementation to the authorities of the signatory states. 6 No authority or officer shall disclose, apply, permit or tolerate any sanction against any person or organization for the act of communicating to the SPT or the NPM or their delegates any information, whether true or false, and neither of these persons or organizations can be prejudiced in any way. National preventive mechanisms, according to art. 19 of the Optional Protocol, will have at least the following attributions: a) regular examination of the treatment applied to persons deprived of liberty in places of detention, for the consolidation of their protection against torture or other cruel inhuman or degrading treatment or punishment. (b) making recommendations to competent authorities in order to improve the treatment and conditions of persons deprived of their liberty and to prevent torture and inhuman or degrading treatment or punishment, taking into account relevant United Nations rules; c) making proposals and comments on existing legislation or draft legislation. Confidential information collected by the National Preventive Mechanism is privileged. Personal data cannot be published without the express consent of that person. The competent authorities of the
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