National Administration of Penitentiaries

Yearly Activity Report

2017

March, 2018

Yearly Activity Report

2017 National Administration of Penitentiaries

“Where there is no force of law or authority of its defenders, there can be no freedom or safety for anyone.”

William Shakeaspeare

De

2 |

Yearly Activity Report – 2017

Strategic Objective ENSURING THE PRISON SYSTEM 5 Detention Security and Prison Regime 6

Strategic Objective EDUCATION, PSYCHOLOGICAL COUNCELLING AND SOCIAL CARE ADAPTED TO INMATES’ NEEDS, IN ORDER TO INCREASE THEIR CHANCES OF SOCIAL REINSERTION 19

Strategic Objective PROVIDING QUALITY MEDICAL CARE, PROTECTING AND PROMOTING HEALTH CARE AND PREVENTING DISEASES 26

Strategic Objective INCREASING THE PERFORMANCE OF THE INSTITUTIONAL MANAGEMENT 30 Human Resources 31 Staff Psychology 35 Preventing Criminality and Terrorism 36 Management of the Classified Information Protection 36 Elaborating Normative Documents 37 Internal Public Audit 38 Prison Inspection 39 Labour Security and Safety 40 Managing Emergency Situations 40 International Cooperation 42 Image and Communication 48

Strategic Objective MODERNISING AND DEVELOPING THE PRISON SYSTEM INFRASTRUCTURE 50

Strategic Objective DEVELOPING THE ADMINISTRATIVE, INSTITUTIONAL AND INTERISTITUTIONAL CAPACITY BY MODERNIZING THE EXISTING IT AND COMUNICATION SERVICES 56

NON-ACHIEVEMENTS AND PERSPECTIVES 59

3 |

National Administration of Penitentiaries

4 |

Yearly Activity Report – 2017

Strategic Objective

ENSURING THE PRISON SYSTEM SECURITY

5 |

National Administration of Penitentiaries

Detention Security and Prison Regime

Prison Map – Regimes profiling

Evolution of the number of inmates 2013-2017 (31.12.2017)

st

31

education education

-

% % % % %

trial and and trial

Year

-

Centre Centre

Centres

first trial first

Pre

December December

Sanctioned with Sanctioned with Sanctioned

Total number on on number Total

sentenced under under sentenced

inside a Detention Detention a inside

With final sentences final With

inside an Educational Educational an inside

educational measures measures educational measures educational Placed in Re in Placed

2013 33,434 3,447 10.31 29,812 89.17 175 0.52 2014 30,156 2,514 8.34 27,496 91.18 146 0.48 2015 28,334 2,453 8.66 25,055 88.43 522 1.84 304 1.07 2016 27,455 2,281 8.31 24,236 88.27 549 2 389 1.42 2017 23,450 1,938 8.26 21,512 91.74 415 1.77 316 1.35

6 |

Yearly Activity Report – 2017

Structure of the inmate population in custody depending on the accommodation space profile on December 31st 2017 8.908 Quarantine and observation Pre-trial inmates 6.341 Semi-open regime Open regime 3.430 1.938 Closed regime 1.539 493 Maximum security regime 288 394 Placed in an Educational Centre 119 Placed in a Detention Centre Transit 2017

Law no. 169/2017 on modifying and completing Law no. 254/2013 on serving custodial sentences and measures issued by the judiciary during the penal trial

Starting with the 19thof October 2017, Although the National Administration of Law no. 169/2017 started to produce effects by Penitentiaries was also faced with difficulties in establishing a compensatory mechanism to grant enforcing Law no. 169/2017, 3,620 inmates were a benefit, namely 6 days considered to be released on term in the period 19.10-31.12.2017. executed for 30 days of custody in inappropriate Out of this number, 912 inmates were released on detention premises. time and 2,708 inmates were released under parole.

Evolution of the conditional and on term releases throughout 2017

1.894 Conditional releases On term releases

895 865 912 781 786 737 725 705 688 637 627 655

150 160 99 75 95 80 93 88 102 87 103

7 |

National Administration of Penitentiaries

Montly evolution of the average number of inmates in 2017

27.336 27.277 27.216 27.003 27.237 27.164 26.877 26.407 25.951 25.188

23.909 23.450

The Order of Minister of Justice no. 2773 Decision no. 500277/DSDRP on approving dated 17 October 2017 on approving the the instructions for drafting, managing and centralised situation of buildings which are approving the documents regarding inmates’ inappropriate in terms of detention conditions accommodation registration was completed and was published in Romanian Official Gazette no. transmitted to the prison units on 18th October 822 dated 18 October 2017. 2017.

Situation of inadequate buildings in terms of detention conditions at the prison system level

8 |

Yearly Activity Report – 2017

The evolution of escapes, disallowed leaves of the working places, disallowed leaves from the educational/detention centre in the period 2013-2017

2017 2016 2015 2014 2013

2013 2014 2015 2016 2017 Disallowed leaves from working 7 8 5 3 4 points Disallowed leaves from the 2 1 2 2 0 centres Escapes 2 1 2 2 0 Total 11 10 9 7 4

Evolution of the cases when substances suspected to be narcotics were found in the period 2013-2017 183 162 182 120 127

2013 2014 2015 2016 2017

Cases of substances suspected to be narcotics depending on the moment they were discovered in 2013-2017 Before entry into possesion After entry into possesion 127 71 71 95 98 88 49 56 64 55

2013 2014 2015 2016 2017

9 |

National Administration of Penitentiaries

Mobile phones found in the prison system in the period 2013-2017 11.110

6.549 4.554

2.569 2.912

2013 2014 2015 2016 2017

Mobile phones found depending on the moment they were discovered, in the period 2013-2017 9.239 Before entry into possesion After entry into possesion 4.821 1.871 3.240 1.728 1.314 1.466 1.103 1.953 959 2013 2014 2015 2016 2017

Number of videoconference hearings 279 in the perioa 2015-2017 NAP - prison units Courts - prison units Calling for dialogue Prison units - Prison units 125 58 25 49 2 17 25 44 61 0 0 2015 2016 2017

Terminals worth RON 576,000 were purchased for the implementation of the videoconference system in the last 14 penitentiary units. On this occasion, the endowment of the entire penitentiary system was completed. Protocols of 10 | cooperation with the courts are about to be finalized and signed, which will create the premises of a potential decrease in inmates’ transfers between prisons.

Yearly Activity Report – 2017

Number of temperary accommodations in the protection room in the period 2015-2017

15 2015 2016 2017 70

86

Number of rewards with the authorisation to leave the prison in the period 2013-2017 24h 4.489 >24h 3.416 1.995 2.481 1.266 2.267 1.634 398 627 1.138

2013 2014 2015 2016 2017

Percentage of negative events involving inmates with aggressive (hetero-aggressive and self-aggressive) behaviour in the period 2013-2017 Aggressive behaviour Average number 33.053 31.847 29.079 27.984 26.251

8,69% 7,65% 8,83% 9,21% 10%

2013 2014 2015 2016 2017

11 |

National Administration of Penitentiaries

Number of inmates' aggressions against the staff in the period 2013-2017 96 95 78 71 31

2013 2014 2015 2016 2017

Number of inmates involved in labour activities in the period 2013-2017

4.925 5.142 5.207 5.128 5.034

2.923 3.390 3.255 2.769 2.604

2013 2014 2015 2016 2017 Inmates involved in labour activities of providing sservices type Inmates involved in household activities for the detention place

The state of the incomes achieved by lucrative services (Millions RON without VAT) in the period 2013-2017 48,9 40,2 43,3 42,3 30,9

2013 2014 2015 2016 2017

12 |

Yearly Activity Report – 2017

Percentage of re-offenders, as compared to the total number of inmates in the period 2013-2017 (on 31stDecember 2017)

45,78% 43% 40,33% 38,27% 38,37%

2013 2014 2015 2016 2017

303 Structure of the population in custody according 358 2 1.904 to the offence type on 31st December 2017 (share of the total population) 1.489

1.153 Offences against the property Offences against the person 1.904 Drug smuggling and use offences 8.972 Road traffic offences E-comerce offences Organised crime offences Corruption offences 9.259 Offences against the state Other offences

Number of inmates transported nationally in the period 2013-2017

90.646 86.558 92.357

82.887 81.937

2013 2014 2015 2016 2017

13 |

National Administration of Penitentiaries

Structure of the population in custody according to age categories on 31st December 2017

7.523 7.338 6.481

334 948 826

14-18 years 18-21 years 22-30 years 31-40 years olders olders 41-60 years olders olders over 60 olders years olders

Structure of conditional releases Analised in the period 2013-2017 Proposed Released 23.969 22.566 21.462 19.794 20.028

12.406 11.351 10.938 11.392 12.640 10.362 10.920 10.559 10.554 9.216

2013 2014 2015 2016 2017

14 |

Yearly Activity Report – 2017

Number of foreign citizens in custody, in the period 2013-2017 (on 31.12.2017)

195 253 269 302 286

2013 2014 2015 2016 2017

Number of prison sentence breaks, in the period 2013-2017

2013 2014 2015 2016 2017 2013 2014 2015 2016 2017 Social 7 2 0 0 0 Pregnancy (child caring) 52 45 30 47 45 Medical 16 12 18 21 24 Total 75 59 48 68 69

15 |

National Administration of Penitentiaries

Number of foreign citizens in custody in 2017 Vietnam 5 Venezuela 2 10 Ukraine 11 Turkey 47 Tunisia 3 Sweden 1 Syria 10 Serbia 10 Rusia 3 Palestine 2 Pakistan 3 Netherlands 5 Norway 1 Nigeria 1 Niger 1 Moldovia 32 Morocco 1 Great Britain 2 Lithuania 4 Lebanon 3 Kenya 1 12 Israel 8 Iran 7 Iraq 6 Jordan 6 Greece 1 Germany 3 3 Ethiopia 1 Egypt 2 Columbia 1 1 Cyprus 1 Canada 1 Bulgaria 46 Brazil 1 Belgium 1 Belarus 1 Austria 4 Australia 1 Armenia 1 USA 4 Stateless persons 3 Albany 11 0 10 20 30 40 50

16 |

Yearly Activity Report – 2017

Remedies awarded as a result of enforcing the adjudications Issued by the European Court of Human Rights

The prison population in the custody of end of 2017, the prison system had 26,251 the units subordinated to the National persons deprived of liberty in custody. Administration of Penitentiaries has registered a Accordingly, the deficit of accommodation decreasing trend in the last years. Thus, at the places at the level of the prison system has end of 2016, the prison system incarcerated decreased from 8,384 to 4,335 places of 27,476 persons deprived of liberty, while at the detention, as compared to a minimum space of 4 m2 per inmate.

Dynamic of inmate population and deficit of accommodation places

Deficit of 4 sqm/inmates accommodation places 4.335 2017 Inmate population 23.450 2016 8.384 27.476 2015 9.541 28.319 2014 11.241

2013 30.227 14.391

33.452

The National Administration of Also1, by means of the communications Penitentiaries permanently aims at evaluating and sent by the Ministry of Public Finances, the identifying solutions for re-dimensioning and National Administration of Penitentiaries improving the current spaces or for building new registered a total number of 378 adjudications ones. and decisions issued by the European Court of If in 2016 there were 672 new places of Human Rights, which compelled the Romanian detention, investments in infrastructure also State to pay € 2,296,451 for disobeying the continued to be made in 2017, by finalizing a material detention conditions, of a total of € number of 170 new places of detention at Giurgiu 5,428,880 and Swiss Franc 10,000 registered on Prison, while 200 accommodation places were 31.12.2017. modernized at Bacău Prison within the Norwegian Financial Mechanism 2009-2014.

______1 - Through the Pilot Adjudication dated April 25th, 2017 (case Rezmiveş and others against ), the European Court of Human Rights asked the Romanian State to provide, within 6 months from the date when the Adjudication became final, a precise calendar for enforcing the appropriate general measures for solving the issue of prison overcrowding and the inadequate detention conditions, in compliance with the principles of the Convention, as issued by the Pilot Adjudication. At the same time, the Court has decided to postpone the similar cases which have not been communicated to the Romanian Government yet until the necessary measures are adopted at the national level. The adjudication issued by the Court in the case Rezmiveş and others against Romania became final three months after it was issued. 17 |

National Administration of Penitentiaries

Sums paid as a result of the conviction adjudications issued by the European Court of Human Rights in period 2013-2017

€ 2,296,451

€ 1,624,670

€ 459,275 € 221,819 € 196,400

2013 2014 2015 2016 2017

Adjudications and convictions issued by the European Court of Human Rights in the period 2013-2017

378 313

75 32 29

2013 2014 2015 2016 2017

18 |

Yearly Activity Report – 2017

Strategic Objective

EDUCATION, PSYCOLOGICAL COUNCELLING AND SOCIAL CARE ADJUSTED TO INMATES’ NEEDS, IN ORDER TO INCREASING THEIR SOCIAL REINTEGRATION CHANCES

19 |

National Administration of Penitentiaries

Providing social services

Units authorized to provide social services in 2017

38 Total number of units necessary 32 to be authorised Provisional 1-year operation licence

Final 5-year operation licence

4 About to finalize the 2 documentation and obtain the licence

Identifying the needs for recuperative assistance by educational, psychological and social evaluations performed by the specialists in 2017

122.524

67.927 33.444

Periodical evaluations are performed during the sentence:  before being analysed by the

commission for establishing, customizing and changing the prison regime, at least once a year;  for revizing the Customized Plan for the educational and therapeutic evaluation and intervention.

20 |

Yearly Activity Report – 2017

Including the persons in custody in recuperative endeavours

In 2017, 36,357 persons deprived of liberty participated in one or more social reintegration endeavours in education, psychological councelling and social care.

Comparative status of the participation of the persons in custody* in the schooling programme in 2016-2017

promoted inmates 2 inmates existing at the end of the school year University level 5 4 enrolled inmates

Secondary superior and 365 vocational level 439 559

Secondary inferior level 675 903 1.025

Primary level 801 1.041 1.182

Comparative status of the participation of the persons in custody* in the schooling programme in 2012-2017

Year 2012 - 2013 2.895 2.932 2.699 Year 2013 - 2014 2.459 2.388 Year 2014 - 2015 Year 2015 - 2016 Year 2016 - 2017

21 |

National Administration of Penitentiaries

Trend of the participation of persons in custody* in job training activities, in 2013–2016

2013 4.023 2014 2015 2.569 2.378 2016 988 2017 519

Professional qualification

Job exchange 135 Adults 84 Women

Persons in education and detention centres

768

Implementing the programmes of the Standardized Offer of the Prison System, in 2017

53 Number of programmes existing in 49 the Standardized Offer

Number of programmes in which the persons in custody participated

18 17 10 10

Educational programmes Psychological councelling Social care programmes programmes

22 |

Yearly Activity Report – 2017

Participation of the persons in custody* in educational programmes and activities, in 2013–2017 2013 333.725 2014 311.856 314.748 2015 245.003 196.838 2016 2017

Participation of the persons in custody* in psychological councelling programmes and activities, in 2013-2017 23.271 2013 2014 13.870 2015 9.738 10.077 2016 7.227 2017

Participation of the persons in custody* in social care programmes and activities, in 2013–2017 24.239 2013 2014 14.730 15.497 2015 12.283 12.827 2016 2017

* While serving their sentences, the persons in cusdody, in whose

case needs for educational, psychological and social assistance

are identified, can be included in more activities and

programmes aiming at compensating them.

The data on the participations in the educational, psychological councelling and social care programmes and activities, namely the educational, psychological and social evaluations, corresponding to the period 01.01–31.12.2017 reveals a significant increase, emphasizing the endeavours involving both the inmates who are serving their sentences/measure in custody now and those who were set free 23in |

! 2017.

National Administration of Penitentiaries

Collaboration protocols

36 38

Concluded in the previous years Newly concluded in 2017 Extended by an additional document in 2017 8

National Strategy for Inmates' Social Reintegration, approved by G.D. no. 389/27.05.2015

Status of the meetings organized within the Inter-ministry Commission for coordinating and implementing the provisions of the National Strategy for Inmates' Social Reintegration, 2015 – 2019, throughout 2017

4 working groups set up and the workind sessions unfolded

3 court decisions 3 sessions approved 3 sessions 4 sessions - Court Working group in charge with Working group in Working decision no. implementing charge with group in 2 sessions 7 meetings implementing 2/14.07.2017, Activity charge with Working group in of the I.1.1. Designing and Activity - Court I.3.2. Analyzing the implementing charge with Commission developing a implementing system for existing normative Activity decision no. documents, with a Activity diagnosing the I.4.2. Elaborating, view to identifying III.1.1. Inventory of 3/30.08.2017, needs for reviewing and the provisions to be the need to extend professional implementing some - Court modified and/or the collaboration training and inter-institutional completed, the between the public decision no. improvement of procedures on the legislative gaps in institutions and the specialists in involvement and 4/21.12.2017. the field and, when authorities involved prisoners' social collaboration of the necessary, with a into social reintegration, in central and local view to improving reintegration. the context of the public institutions the legislative inter-institutional and authorities into framework. action. social reintegration.

24 |

Yearly Activity Report – 2017

National Strategy for Inmates' Social Reintegratio approved by Government Decision No. 389/27.05.2015

Indicators

Analysis report and proposals inventory for Diagnosis system of the amending or training and professional supplementing the 1 report improvement needs - result Study Report on Activity legislative framework - adopted by a Decision of Activity I.1.1. Designing III.1.1 - result of Activity result of Activity I.3.2. of the and developing a system III.1.1. Inventory of the need Analyzing the existing Interministerial for diagnosing the needs for to extend the collaboration normative documents, with Commission - professional training and between the public a view to identifying the Study report improvement of the institutions and authorities provisions to be modified on specialists in prisoners' involved into social and/or completed, the Activity III.1.1. social reintegration, in the reintegration. legislative gaps in the field context of the inter- and, when necessary, with a institutional action view to improving the legislative framework.

19 inter-institutional activities 14 activities performed partially performed, NAP contribution being integral.

Within the Government meeting on 8 contribution of all the responsible institutions, February 2018, the Annual Monitoring Report on corresponding to the period elapsed since the the achievement of the objectives set out in the adoption by Government Decision, so far resulting Strategy was presented, a document that in an estimated implementation rate of 47% (for highlighted the activities carried out with the all the 7 responsible institutions).

25 |

National Administration of Penitentiaries

Strategic Objective

PROVIDING QUALITY MEDICAL CARE, PROTECTING AND PROMOTING HEALTH CARE AND PREVENTING DISEASES

26 |

Yearly Activity Report – 2017

Medical care

In order to ensure a quality medical care,  developing programmes for preventing in 2017, the National Administration of diseases, hygienic-sanitary education, Penitentiaries aimed at: as well as programmes for promoting  ensuring the human and material health care both among inmates and resources necessary for carrying out staff; the medical activity;  effectively collaborating with the public health system.

Through Ensuring hospitalizaton Government Decision in prison hospitals, nr. 115/2017 according to the real on medical needs of teh rationing the hospital network, prison system and court aiming at reducing the rate of decisions hospital care services, the prison system is excepted.

Ministry of Health

”Marius Nasta” National Institute of Pneumophtisology

National Anti-drug Agency

Inter-institutional ”Dr. Victor Babeș” Clinical Hospital for Infectious collaboration and Tropical Diseases

Romanian Harm Reduction Network Association for Patients with Multidrug Resistant

Romanian Association of Medico-Legal Psychiatry

27 |

National Administration of Penitentiaries

Medical services provided to inmates in the prison units (primary medicine)

Medical services General medicine consultations 708,877 Dental consultations 47,421 Injectable treatments and small surgery interventions 323,833 Specialized examinations 29,299 Para-clinical investigations 23,832 Internment in infirmary 2,667 Internment in hospitals of the public network 534 Chronic illnesses on 31.12.2017 7,839

The average number of consultations performed by the family doctors of the prison units in 2017 (56 family doctors / general practitioners) is 61 consultations / day, as compared to 229 working days.

In 2017, corresponding to a number of there was a number of 91 deaths, 7 cases less 38,727 inmates in the prison system custody, than in the previous year.

9 deaths by suicide 82 deaths due to medical cuases 8 - by hanging 31 - cardiovascular diseases 1 - self harm 22 - neoplastic diseases 9 - HIV/AIDS infections 7 - neurological diseases 7 - respiratory diseases 3 - digestive diseases 3 - others

Compared to the previous year, the mortality rate increased due to the cardiovascular diseases which became the main death cause of inmates. The number of deaths resulting from neoplastic and neurological diseases decreased and the death rate resulting from HIV/AIDS infection increased.

28 |

Yearly Activity Report – 2017

Dynamic of patients treated in prison hospitals, in 2017

4.610 București Rahova București Jilava Dej Mioveni 3.054 2.858 Târgu Ocna 2.377 Constanța-Poarta Albă 2.051

1.368

The deaths distribution, according to the place where the death occurred, in the period 2013-2017 2013 2014 2015 2016 2017 in prison 35,29% 26,23% 28,32% 19,39% 27,47%

in hospital-prison 47,06% 44,67% 46,02% 43,88% 38,46%

in hospitals of the public health system 17,65% 29,10% 25,66% 36,73% 32,97%

auto transport 1,10%

The deaths distribution from medical causes, in 2017

4% 1% 9% 39%

9% Cardiovascular diseases Neoplastic diseases HIV/AIDS infection Neurological diseases 11% Respiratory diseases Digestive diseases 27% Others

29 |

National Administration of Penitentiaries

Strategic Objective

GROWING PERFORMANCE OF THE INSTITUTIONAL MANAGEMENT

30 |

Yearly Activity Report – 2017

Human Resources

Evolution of the staff number in the prison system, in the period 2013-2017

12.800 12.734 12.657 12.700 12.575 12.600 12.471 12.500 12.400 12.300 12.143 12.200 12.100 12.000 11.900 11.800 2013 2014 2015 2016 2017

The average age of the prison system staff is 38.5 years.

Staff structure by age, on 31.12.2017

4% 1% 23% up to 30 years - 2.936 43% 30-40 years - 3.742 40-50 years - 5.458 50-55 years - 452 over 55 years - 146

29%

31 |

National Administration of Penitentiaries

Staff structure in the prison system, on 31.12.2017

Foreseen staff - 16.041 2%

Hired staff - 12.734

18% 80%

OFFICERS - 2.359 AGENTS - 10.177

CONTRACTUAL STAFF - 198

The hired staff rate by activity sectors, on 31.12.2017

DIRECTOR 55,10% DEPUTY DIRECTOR 72,67% ECONOMIC-ADMINISTRATIVE 77,71% CLASSIFIED INFORMATION 69,81% INFORMATICS 74,64% PSYCHOSOCIAL INTERVENTION 81,88%

LEGAL SERVICE 83,83% MEDICAL 74,03% CRIMINALITY AND TERRORISM PREVENTION 61,18% HUMAN RESOURCES AND PROFESSIONAL TRAINING 72,43%

SECRETARIAT 79,44%

SECURITY AND PRISON REGIME 90,47%

OTHER ACTIVITY SECTORS 70,78%

Total hired

staff: 79,38%. 32 |

Yearly Activity Report – 2017

Staff structure by activity sectors, on 31.12.2017

Security and regime Psychosocial intervention Medical 973 Economic-administrative 2.102 Other domains

838

8.021 800

The number of hired staff as compared to the number of staff leaving the prison system, in the period 2013-2017 Hired staff Leavings 1.940 2000 1.756 1800 1600 1.426 1400 1.165 1200 1000 800 600 303 356 340 400 237 252 258 200 0 2013 2014 2015 2016 2017

33 |

National Administration of Penitentiaries

Reasons for leaving the prison system, in 2017

0,43% 4,72% 1,12% 3,69%

Retirement Dismissal from function Resignation Death 90,04% Other reasons

Intrări în sistemul penitenciar, în anul 2017

0,85% 0,57% 0,34% 2,22% 0,40%

13,84% 0,68%

81,10%

Police Academy - 39 graduates National Academy of Information - 15 graduates Academy of Land Forces - Sibiu - 10 graduates Technical Military Academy - 6 graduates Medical and Military Institute - 7 graduates National School for Prison Agents Training Tîrgu Ocna - 243 graduates Military School of Military and Navy Officers of Land Forces Pitești - 12 graduates External source - 1.424 candidates

34 |

Yearly Activity Report – 2017

Staff psychology

Types of psychological assessments carried out, in 2017

12 4.865

9 10.577

1.222

 Candidates selection, in order to participate at external source contests (including the candidates for educational institutions where prison staff are trained)  Candidates selection, in order to occupy the internal execution functions  Evaluations to notifications  Periodic evaluations and re-evaluations  Evaluations for the Ministry of Justice

The number of phychological assessments carried out, in the period 2013-2017 16.685 14.399

8.016 6.862

3.282

2013 2014 2015 2016 2017

35 |

National Administration of Penitentiaries

Criminality and terrorism prevention

Number of exploited information, in 2017

Other institutions National in the field of Administration of defense, public Penitentiaries order and national 233 security 616

Units subordinated Ministry of Justice to the National 15 Administration of Penitentiaries 986

Management of classified information protection

PROTECTION BY 43 prevention programs for PROCEDURAL classified information leakage MEASURES (PPSIC) drawn up

PHYSICAL security and administrative areas PROTECTION from the prison system established

During the year 2017, in the prison system, STAFF 901 authorizations for access to the processes related to the classified information as state secrets management of classified PROTECTION issued and training of their owners information protection were continued in all aspects: PROTECTION OF INFORMATION 13 computer systems accredited SOURCES – INFOSEC

LEGAL 2 cases of security regulation breaches at Craiova and Mioveni PROTECTION Prisons

36 |

Yearly Activity Report – 2017

Developing Normative Acts

The status of the draft normative acts under development and of the adopted/approved normative acts in 2017

54 36 5

Draft normative acts Normative acts under development Normative acts approved/adopted and approved/adopted not published in the Official subject to be published in Gazette the Official Gazette

The status of the draft normative acts which are under different development stages in 2017

30

20

10 8 10 1 25 10 0 Laws Government Government Orders of the Decisions of the decisions emergency Minister of general director ordinances Justice of the National Administration of Penitentiaries

Categories of normative acts adopted/approved and published in the Official Gazette of Romania in 2017 20

15

10

5 17 15 1 3 0 Laws Government Orders of the Decisions of the decisions Minister of Justice general director of the National Administration of Penitentiaries

37 |

National Administration of Penitentiaries

Internal Public Audit

During 01.01-31.12.2017 there were The extent of auditing in 2017: audited: - 41%, respectively 9 units were audited - 9 units subordinated to NAP: 8 missions out of the 22 units/departments which of internal audit, according to the were supposed to be audited in 2017; Internal public audit plan for 2017 - 10%, respectively 33 activities were approved by the general director of NAP audited out of the 334 activities and one on-the-spot audit mission developed within the prison ordered by the general director of NAP; administration system which were - 33 activities developed within the supposed to be audited in 2017. audited units.

The extent of auditing in 2017

13 units not audited 41% (301 activities/yearly) 9 units audited (33 activities/yearly)

59%

The implementation degree of the recommendations made by the Internal Public Audit, in 2017 comparing to 2016

99,0% 2013 99,0%

98,2% 2014 99,3%

82,6% 2015 95,7%

73,0%

2016 85,7%

2017 45,9% Audit during during Audit The missions developed by the Internal Public Public Internal the by developed missions The The implementation degree of the recommendations on Implementation degree on 31.12.2016 31.12.2017 (cut date) Implementation degree on 31.12.2017 has raised to 92,4% comparing to 38 | 88% in 2016.

Yearly Activity Report – 2017

Penitentiary Inspection

The status of the general inspections, thematic checkups, unforeseen checkups and administrative investigations during 2013-2017

30 2013 25 26 24 2014 25 19 2015 20 17 2016 15 2017 9 10 10 6 7 7 7 4 5 4 5 3 3 2 3 1 0 0 General Thematic Unforseen Administrative inspections checkups checkups investigations

The number of the resolved petitions/complaints between 2015-2017

Complaints 2.000 1.550 1.516 Confirmed complaints

1.500 1.183

1.000

265 500 174 112

0 2015 2016 2017

The number of complaints filled by National Administration of Penitentiaries to Disciplinary Commission in 2017

30 28 2015 25 23 2016 20 2017 15 18 15 10 6 10 7 2 5 3 0 Ministry of Justice National Administration of Penitentiary units Penitentiaries

39 |

National Administration of Penitentiaries

The number of the complaints filled by National Administration of Penitentiaries to be resolved by other competent institutions between 2015-2017

2017 1 The Regional General Directorate of 2016 Public Finance 2015 2 State Inspection in Constructions

Complaints/information of criminal 8 investigation bodies 6 10 National Authority for Regulating and Monitoring of Public 1 Procurement 1 National Integrity Agency 1

National Anticorruption Directorate 3

Hearings of inmates and calls to dialogue of civil servants with a special status through videoconferencing between 2015-2017

242 Hearings of inmates

250 Calls to dialogue

200 137 150

100 56 44 50 6

0 2015 2016 2017

40 |

Yearly Activity Report – 2017

Workplace Health and Safety

Number of works incidents between 2013-2017

133 135 130 126 130 123 125 120 113 115 110 105 100 2013 2014 2015 2016 2017

A positive aspect is the reduction in the number of negative work events due to both the raised awareness of the staff and the increased number of training

in the field of health and safety at work and the collaboration with institutions from the respective fields.

Emergency Situations Management

Number of fires occured between 2013-2017

Intentional fires Unintentional fires 19 20 16 15 7 6 5 5 6 10 6 5 1 2

0 1 2 3 4 5

As compared to 2016, the number of the arsons in 2017 was lower, as a result of the training of both staff and inmates, through practical programs and exercises jointly conducted with the Emergency Situations Inspectorates, the Gendarmerie, the Police, Ambulance services and the County offices of the Society.

41 |

National Administration of Penitentiaries

International Cooperation

International Corrections and European Prison Education European Penitentiary European Organisation of Prisons Association Association Trening Academies Prisons and Correctional Services

National Administration of Penitentiaries is represented in the board of several international professional networks

24-26 March, •The Steering Committee of the European Prison Education Association Austria (EPEA)

18-23 June, •The Annual General Meeting and the International Conference EuroPris •The European Conference of the General Directors of the Penitentiary and Norway Probation Administration (CDPPS-CoE)

28 June - 1 July, •The Round Table of the Directors of the Penitentiary Administrations from the Central Europe (MECR)

19-22 September, •The Conference of the European Prison Training Academy Network (EPTAN) 22-27 October, •The Annual Conference of International Corrections & Prisons Association Great Britain

2017 23 76 216 Visited countries 2016 22 77 230 No of delegations 2015 25 76 235 No of participants 2014 29 81 253

2013 27 78 209

Funding sources for work travel abroad

2017 16% 7% 40% 25% State budget 2016 21% 5% 47% 27% Foreign organizers

2015 24% 5% 53% 18% Exclusively within projects

2014 8% 12% 44% 36% Foreign organizers and state budget

2013 18% 5% 45% 32%

42 |

Yearly Activity Report – 2017

Norwegian Financial Mechanism 2014–2021: projects to be accessed

Norwegian delegation Joint presentation of the paying a visit to the representatives of the Norwegian future partner National correctional system, Training School for NAP and NPD of Romania - Prison Agents, London, 25th October, 2017, Tîrgu Ocna ICPA Conference

During 2017 three strategic project applications were developed for contracting funding within the Norwegian Financial Mechanism 2014-2021. Working groups for developing the project applications

CORRECTIONAL 4NORM-ality CHILD 31.000.000 euro 5.000.000 euro 1.500.000 euro Implementing the principle of Penitentiary-probation integrated Strenghtening the collaboration with normality and of social responsibility the local community intervention of inmates Infrastructure Infrastructure Infrastructure 1.160 new accomodation 240 new accomodation 112 renovated places within 4 prison units places within 3 prison accomodation places units 7 new accomodation places Social reintegration Establishing a structure Social reintegration of studies, analysis and research Human resources Integrated interventions for the protection of Accountability program minors and youngsters Internal processes under educative measures

43 |

National Administration of Penitentiaries

Norwegian Financial Mechanism 2009–2014: finalized projects

Strengthening the capacity of the Bacău Prison for minors and youngsters to comply with the relevant international human rights instruments

Detention rooms The consolidation and modernization works were completed at Bacău Prison and 200 accommodation places which meet the minimum standards of 4 sqm/inmate were put into use.

Areas for educational and individual psycho-social activities

Gym and multidisciplinary club Expansion of prison yards

44 |

Yearly Activity Report – 2017

The refurbishing and endowment works of the self-management centers for minors and youngsters have been completed:

Detention Center Craiova: Detention Center Brăila-Tichilești: 9 detention places 10 detention places

Detention Center Craiova Detention Center Brăila-Tichilești

45 |

National Administration of Penitentiaries

Finalizing the project ”Strengthening the capacity of the penitentiary system in the area of human capital development at the level of prison staff”

Finalizing the project ”Setting up an eco–reintegration mechanism for inmates”

46 |

Yearly Activity Report – 2017

Projects in which NAP acts as a partner:

Projects aimed at preventing the radicalization within prisons

PRALT "The prevention of juvenile radicalisation: “Vulnerable young people accessing and Promoting the use of alternatives to detention sustaining vocational training and through judicial training" apprenticeships”

„European Interaction Guidelines for Education MenACE – „Mental Health, Aging and Palliative Professionals when working with Children in Care in European Prisons” Juvenile Justice Learning Contexts (EIGEP)”

47 |

National Administration of Penitentiaries

Image and Communication

Media appearances related to the penitentiary system, by subject, throughout 2017 Inmates 82 712 Prison system Education and psycho-social assitance

3.384

The most interested media institutions Approximately 82% of the identified TV from the audiovisual area were Antena 3, news had a positive and neutral approach, while România TV and Digi Tv, while in the online the rest were categorized as negative from a domain Ziare pe net, Agerpres and Știri pe surse. journalistic point of view, most of them being broadcast by B1 TV, România TV and Realitatea TV.

Media appearances according to the brodcasting medium 610 throughout 2017

Online press

TV

6.565

48 |

Yearly Activity Report – 2017

In May-August 2017 was organized the The contest had as intermediary stages ninth edition of the national contest ”Creation the organization at a local level of competitions or and penance”, in two sections: poetry and activities carried out on the basis of a project and epigrams. In the Poetry section 137 people have the selection of poems for the next stage. signed up, from 20 penitentiary units and 236 The award festivity of the winners took creations were sent for judgement. In the place within the Multiart festival for prisoners – Epigrams section 41 persons have signed up, from Dana Cenușă – Unshackled through culture, in the 11 penitentiary units with 88 creations. presence of the poet Mircea Cipariu.

Multiart festival for prisoners – Dana Cenușă – Unshackled through culture – the ninth edition, an one of a kind event in Europe, was carried out in collaboration whit the ”Nottara” theater from , took place in November 22-23 2017, and was a distinct section in the International theater festival Fest(in) on Boulevard. On this years edition 7 penitentiary units have signed up, of which the specialized jury selected the theater plays of the penitentiaries: București Jilava, București Rahova, Botoșani, Craiova and Galați, 35 prisoners being present on stage.

The National Administration of Penitentiaries in collaboration with the National Museum of the Village ”Dimitrie Gusti”, has organised in September 8 2017 the National Festival of Folklore for prisoners, event being on the third edition. 13 units from the penitentiary system participated on three sections: romanian traditional dances, traditional music and handcraft exhibition (5 penitentiaries and one educational center in suporting artistic moments of music an dance, 9 units beeing present with traditional handcrafted objects made by prisoners in the occupational workshops). About 70 prisoners were involved in accomplishing the artistic moments presented in the festival, they were coordonate by staff members and collaborators.

49 |

National Administration of Penitentiaries

Strategic Objective

MODERNIZING AND DEVELOPING THE PRISON SYSTEM INFRASTRUCTURE

50 |

Yearly Activity Report – 2017

Budget

Dynamic of the prison system budget, in the period 2013-2017

2013 2014 2015 2016 2017 Initial budget (thousands 846.653 1.006.498 996.417 1.269.554 1.133.457 RON) Final budget (thousands 1.005.747 1.034.733 1.114.246 1.149.765 1.135.091 RON)

Monthly average cost/inmate as compared to the alloted budget, in the period 2013-2017 Average cost per 32.913 31.847 35.000,00 person deprived of 28.319 27.984 liberty as compared 30.000,00 26.251 to the alloted budget 25.000,00 (RON/month) 20.000,00 Number of people in 15.000,00 custody 10.000,00 2.598,08 2.783 3.369,81 3.521,06 3.754,14 5.000,00 0,00 2013 2014 2015 2016 2017

Monthly average cost/inmate as compared to the alloted budget without the staff expenses, in period 2013-2017 Average cost per person in custody as 32.913 31.847 compared to the total 35000 28.319 27.984 26.251 budget without the 30000 staff expences 25000 (RON/month) 20000 Number of people in 15000 custody 10000 5000 831,87 919,3 1.118,92 1.316,51 1.004,44 0 2013 2014 2015 2016 2017

51 |

National Administration of Penitentiaries

New places of detention

There was a continuation of the measures established by the Memorandum with the topic ECHR Intention for enforcing the procedure of the Pilot Adjudecation in the cases on the detention conditions, approved by the Romanian Government in 2016.

The plan of measures finalized by the National Administrations of Penitentiaries

Step I: 2018 - new accommodation places – 316; - modernized places – 500.

Step II: 2020 - new accommodation places – 44.

Step III: 2021 - new accommodation places – 508; - modernized places – 85. Step IV: 2022 - new accommodation places – 3,997; - modernized places – 666.

Step V: 2023 - new accommodation places – 2,730.

Step VI: 2024 - new accommodation places – 500.

The procurement procedure of the Contract on the design services for elaborating Stadiile the feasibility study of P47 - Berceni is ongoing. obiectivelor de investiții Government Decision no. 791 approved the change of the real estate in Unguriu, P47-Berceni county Buzău from the state public domain and the administration of the și National Defence Ministry to the administration of the Ministry of Justice - Penitenciarul National Administration of Penitentiaries. The procedure for taking over the real Unguriu estate from the National Defence Ministry was finalized, and the stages of design and execution works are going to be unfolded depending upon the identification of the funding sources.

In 2017, by continuing the established measures, a number of 170 new accommodation places was created (by changing some of the existing spaces) and other 200 places were modernized through the Norwegian 52 | Financial Mechanism (Bacău Prison).

Yearly Activity Report – 2017

New and modernized places of detention, in the period 2013-2017

1.421

1.500

1.000 679 300 500 145 370

0 2013 2014 2015 2016 2017

Rooms for the persons with Investment works were Rooms for the persons with serious psychic disorders initiated for creating new serious psychic disorders are were set up within some places of detention within being set up within the detention wings of the the prisons: following prisons: prisons:

• Deva • Arad • Aiud • Codlea • Bistrița • Bacău • Giurgiu • Botoșani • Rahova • Găești • București-Jilava • Deva • Craiova • Drobeta Turnu Severin • Focșani • Galaţi • Găești • Gherla • Giurgiu • Timişoara • Iaşi • Mioveni • Oradea • Constanţa-Poarta Albă • Slobozia • Mioveni Hospital • Dej Hospital • Constanţa-Poarta Albă Hospital

53 |

National Administration of Penitentiaries

2013 1,075 accommodation places obtained as a result of current repairs • Găeşti Prison – 210, Botoşani Prison – 60, Bistriţa Prison –28, Craiova Prison – 60, Târgşor Prison – 46, Poarta Albă Prison – 90, Miercurea Ciuc Prison – 25, Pelendava Prison – 247, Slobozia Prison – 53, Timişoara Prison – 100, Craiova Detention Centre – 60, Tulcea Prison – 96

346 new places at Vaslui Prison as a result of the investment works

Total 2013 – 1,421 new places

2014 145 new places of detention • Tg. Ocna Prison Hospital – 45, Găești Prison – 100

2015 300 modernized places • Mărgineni Prison – 200, Codlea Prison – 100

679 new accommodation places as a result of the investment works 2016 and curent repairs • Craiova – 24, Găești – 208, Gherla – 60, Botoșani – 36, București Rahova – 155, Târgu Ocna Education Centre – 18, Buziaș Education Centre – 46, Oradea – 32, Dej Prison Hospital – 6, Slobozia – 4, Timișoara – 50, Tulcea – 40

2017 170 new places of detention • Giurgiu Prison – 170 200 modernized places of detention • Bacău Prison – 200

54 |

Yearly Activity Report – 2017

Improving the detention conditions and the staff working conditions

Status of the allotted funds on 31.12.2017

Value of the works on the detention conditions (RON) 7.769.558 Value of the works on impriving the staff working conditions (RON)

5.376.549 3.810.000

1.780.000 3.062.184 2.064.849

2015 2016 2017

Equipping the public servants with special status and the graduates, in2017

362 Public servants with special status (work uniforms) Graduates of the 2017 promotion (city uniforms)

2.687

55 |

National Administration of Penitentiaries

Strategic Objective

DEVELOPING THE ADMINISTRATIVE, INSTITUTIONAL AND INTER-INSTITUTIONAL CAPACITY BY MODERNIZING THE EXISTING INFORMATION AND COMMUNICATION SERVICES

56 |

Yearly Activity Report – 2017

Information technology

• Developing the PHMSWEB applet (software) for monitoring the inmates for whom guarantees regarding detention conditions were granted and who were taken over by the Romanian authorities under the application of European arrest warrants; • Creating an applet for managing the petitions of the Prison Inspection Directorate; • Developing and implementing the IT resources management software at the prison system level and correlating it with SIMEC financial and accounting software; • Drawing up the IT prison system strategy 2017-2020; • Drawing up the plan for ensuring the continuity of the IT activity and recovery in case of calamity; Unfolded events • Configuring a Datacentre at STS Codlea for providing the continuity of the IT services in case of calamity, based upon the procedures on the lifetime of the electronic information and continuity of the IT services; • Elaborating the IT security policy of the information system of the National Administration of Penitentiaries; • Migration of the communication infrastructure of the NAP system to the new technology procured within ECRIS Project; • Migration of the web site to STS on Wordpress platform; • Increasing the width of the communication tape to 20Mbps in all the prison system units; • Initiating the undertakings for making the NAP video Official release of conference system operational. the new website

of the National Administration of Penitentiaries.

Creating and implementing the unique remuneration application at the level of the prison system by means of which Developing an application the method of calculating the for keeping the evidence and salary rights of all staff members for calculating the days granted was homogenised and the legal to inmates for being salary regulations were applied accommodated in inadequate in a unitary manner. conditions, according to Law no. 169/2017.

57 |

National Administration of Penitentiaries

Number of server at the prison system level

500 450 400 433 350 300 349 349 360 323 250 200 150 100 50 0 2013 2014 2015 2016 2017

Number of computers at the prison system level

9000

8000 8.350 7000

6000 7.081 6.200 5000 5.599 5.197 4000

3000

2000

1000

0 2013 2014 2015 2016 2017

As a continuation of the endeavours for renewing the computers, 1,500 computers (worth RON 4,188,500), standing for approximately 25% of the total number of computers at the prison system level were acquired in 2017. At the same time, 100 servers worth RON 2,349,000 were procured.

58 |

Yearly Activity Report – 2017

NON-ACHIEVEMENTS AND PERSPECTIVES

59 |

National Administration of Penitentiaries

Nerealizări

Berceni Penitentiary P 47 – the tender procedure of feasibility study has not been finalized until 31.12.2017, due to a complain made at National Council for Solving Complaints, complain which has been withdrawn, the contract being signed by end of march 2018. Pavilion 05 – Codlea Penitentiary – the technical project for building 80 accomodation places must be redone and implicitly, approved technical and economical indicators. Giurgiu Penitentiary has created 170 new accomodation places, of the total of 200, representing the completion of only one building body. By end of april 2018, the last 30 accomodation places will be in use. Galați Penitentiary fencing the unit – the execution works were not contracted due to a complain. There are recording delays on execution works on: elevating administrative pavilion at Târgu Jiu Penitentiary, transforming the workshop in detention pavilion at Găești Penitentiary, electronic surveillance system and access control at Bistrița Penitentiary, fencing the unit – section I at Gherla Penitentiary, detention spaces at Deva Penitentiary, visiting sector at Timișoara Penitentiary, administrative pavilion at Aiud Penitentiary and courtyards at Tichilești Detention Center. Failed to acquire 5 prisoner transport vehicles with 37 seats; the contractor has failed to complete the order by 31.12.2017. The new headquarters for the National Administration of Penitentiaries – the execution contract could not be assigned, due to multiple complains of participant economic operators. At this time, the situation has been unlocked, so we estimate that by the start of June 2018, the order for commencing the works will be issued. The deficit of medical staff from penitentiaries could not be covered corectly, so that during 2018, we will rethink the entire medical assistance activity. Not providing the full psychological assistence for the employees from the system of penitentiary administration, due to psychological evaluation for the selection of staff in the vacancies positions. The new status of the civil servant from the penitentiary system has not been adopted. At this moment, the project of this normative act it is in an advanced phase, in the process of approval. Legislative drafts of amending and updating of the Government Ordinance 26/1994 regarding food rights, in time of peace, of the personnel from the national defence sector, public order and national safety, Ministry of Justice Ordinance 3541/2012 regarding the financial value of food standards for prisoners have not been adopted by 31.12.2017.

60 |

Yearly Activity Report – 2017

Perspective

Acquisition of feasibility studies for Berceni P47 and Unguriu Penitentiary, for building new penitentiaries. Acquisition of feasibility studies and documentation approval, regarding works for building 1.400 new accomodation places and multifunctional spaces and modernization of 100 places, within the projects Correctional, 4 Normallity and Child, financed by the Norvegian Financiary Mechanism 2014-2021. New investments and transforming some existent spaces in new places of detention – creating of 316 new places of detention and starting the works for creating 5.110 new accomodation places by 2023. Modernization of existent spaces, through intervention at buildings of the nature of the investments – 500 modernizated spaces made and starting the works for modernization of a number of 1.251 places, by end of 2023. Implementing integrated security and electronic surveillance systems and access control systems for the following units: Bistrița Penitentiary, Craiova Pelendava Penitentiary, Brăila Penitentiary, București Jilava Penitentiary, Satu Mare Penitentiary, Târgu Jiu Penitentiary. Implementing remote electronic surveillance of prisoners wich are working outside of the penitentiary without supervision, and the approval of the procedure for the application of electronic means of remote surveillance, after the approval of the regulations regarding the safety of the detention place. Extending the operational staff endowment program with the necessary technical means, especially, for fighting against and effective documentation of assaults against the staff in the penitenciary environment. Implementing collaboration protocols with the courts in all penitentiary units (electronic citation and videoconference). Finalizing the acquisition for the Radiocommunication blocking and interruption service in the perimeter of the subordinated prison units. Developing collaborations with partners from the medical field, in order to improve the system of assessing the health of prisoners and to increase the capacity for monitoring and clinical evaluation, through providing access to screening methods. Developing and implementing rules to promote food hygiene in the penitentiary system. Working with competent professional structures, for promoting job offers for medical staff in the penitentiary system, and also promoting the benefits package.

61 |

National Administration of Penitentiaries

Occupying by competition of priority job vacancies; organizing and coordonating the process, in the context of the incidental regulatory framework for the year 2018. The transformation of the Pantelimon investment objective in the National Institute of Penitentiary Administration, according to the theme memorandum Decision on the opportunity to finance the physical infrastructure of the Romanian penitentiary system through a project financed by reimbursable external funds. Adoption of the draft Law for amending and completing the Law 293/2004 regarding the status of the public servants with special status from the National Administration of Penitentiaries. Adopting the normative act will bring the new identity of the staff in the penitentiary system, respectively that of the penitentiary police. Improving the safety of the staff on duty. In this matter work standards will be developed to ensure favorable and non hazardous working conditions.

62 |

NATIONAL ADMINISTRATION OF PENITENTIARIES 47 Street Maria Ghiculeasa, sector 2, Bucharest, ROMANIA Tel: (+4) 021.242.05.93; (+4) 021.242.33.14 Fax: (+4) 021.242.05.05 [email protected], www.anp.gov.ro