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Report on the Centre for Pre-Trial Arrest and Detention of the Giurgiu Police Inspectorate

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On June 6, 2019, two APADOR -CH representatives visited the Centre for Pre-Trial Arrest and Detention Centre of the Giurgiu Police Inspectorate.

General information, staff, detention areas

The Centre for Pre-Trial Arrest and Detention (CPTAD) is situated on the underground level of the Giurgiu Police Inspectorate, built-in 1978. The last significant investments were carried out in 2009-2014 through the Norwegian Financial Mechanism. This investment included the purchase of new mattresses, beds, air conditioning, two stationary bicycles, one treadmill and two power towers. The visitation room was renovated in 2018 from funds allocated by the Police Inspectorate.

The director of the detention centre admitted that many more investments are necessary. The employees admitted that the construction of a new pre-trial detention facility is needed, as the existing facility cannot be refurbished in any way. For instance, there is no way to fit toilets in individual rooms. There is a renovation project for the Giurgiu Police Inspectorate detention centre situated on Strada CFR 9, which also includes the construction of a CPTAD, but the timeline of this project is currently unknown. The employees even acknowledged that they have power cuts, but in these cases, they use their generator.

The detention facility has seven rooms (one room for women), a quarantine room which was out of order, shared bathrooms, a library, a room for body searches and package inspection, a separated visitation room for one person, a medical office, a kitchen, and a warehouse. There is no room for conjugal visits, and there is no room for it. There have not been any requests for conjugal visits, but in these cases, the detainees will be transferred to a facility which has such rooms.

All rooms have 14.57 sqm with three beds. Thus, the detention facility can only accommodate 21 persons. The rooms observe the four sqm standard, established by the Council of Europe Anti-Torture Committee. However, there are no bathrooms in the rooms.  CPTAD serves only Giurgiu County; thus, on average, there is 15 detainees/month (calculated for the past six months). Furthermore, the management declared that the number of detainees has decreased, as the new Criminal Laws have removed pre-trial detention. Hence, CPTAD does not have an issue with overcrowding any longer.

The rooms have three separate beds, wall to wall carpeting, a small window which can be only opened from the outside, tables and chairs, air conditioning, a shelf for food products, a signalling system for the agents (the lightbulbs were missing at the time of our visit). The APADOR -CH representatives, could not help but notice that there was a bucket in the corner of every room. Based on our previous experience, this bucked is used by detainees for their physiological needs during the night. However, both the centre management and the detainees denied using the bucket for physiological needs, stating that this bucket is used for leftover food and even cleaning dishes (!), although there was a wastebasket in every room.

In the view of our association, the windows are too small and cannot provide enough fresh air, especially in the rooms for smokers, as was the case with one visited room where the air was unbearably thick. This problem exists solely due to the fact the windows can only be opened from the outside, have two sets of bars covered which are covered by a perforated metal plate, thus making airing next to impossible. The centre’s representatives declared that the air conditioning ventilates the rooms, but at the time of our visit, this was not in use. Upon the request of our representatives, they tried to turn on an air conditioning machine in one of the rooms, but as it turned out, the machine could not be turned on. The explanation given by the centre’s representatives was that the entire air conditioning system was disconnected this morning, but that it usually works. The detainees did not seem convinced by this explanation.

Due to the two sets of bars, natural lighting in the cells is insufficient, and the detainees always keep their lights on.

Furthermore, all radiators ware covered with a perforated metal sheet. The Association cannot know whether this affects the heating of the rooms in winter.

There are no TV sets in the rooms, as the electrical installation is very old and would not be able to cope. New cabling is needed, as there are not any outlets. The right of information is ensured by the radio sets present in each room. The detainees may bring their own battery-powered radio sets.

The shared bathroom down the hall comprises two showers, two squat toilets and four sinks. There is no window, and the ceiling is covered in mould, the malodour can be felt even with the door closed. The bathrooms are shared both by detainees and centre employees. The only female agent uses the bathroom from an upper level.

The isolation room has seven sqm, has wall to wall carpeting and one bed, but it was not adequately equipped. According to the centre’s management, this room has not been used for a very long time; the musty air can confirm this.

The centre as one senior officer and 20 non-commission officers (only one woman) for security and supervision, escort, body searches and package inspection. Both the centre management and the employees admitted that the number of employees is insufficient and that they are overwhelmed when there are more than 15 detainees. There are two persons per shift for supervision, which have numerous responsibilities (serve the meals, formalities for new incoming detainees, escorting the detainees to the toilet), and if one officer must escort a detainee for visits, then there is only one person left for surveillance. Ideally, there would be three persons working on a shift. The employees stated that the lack of personnel is partly due to the small salaries offered.

Medical assistance, food, hygiene

Medical assistance is ensured by one general practitioner and three nurses who served the centre employees as well. The doctor is present between 8 – 16. The nurses work in shifts, and during the night, a nurse is on call. When the doctor is on a leave of absence, he is replaced by a doctor from Calarasi who comes to Giurgiu once a week. The emergency services handle any emergency. If new detainees are brought during the night, then these are seen by the nurse on call. The Association considers that hiring of another doctor is necessary since all new persons brought in the centre must undergo a medical consult and have a replacement in the absence of the other doctor. OPSNAJ procures the necessary medication, and there have not been any issues so far, according to the centre director.

Medical consults are carried out in one of the rooms on the underground floor. The room has a bed, a closet and a shelf for all the medication. Our representatives were not able to find any first aid kit in the office. Furthermore, the office did not have a window or a bathroom. The musty air in the room indicated that the room was not used very often. The Association strongly believes that this room is not suitable for medical consults and the purchase of a first aid kit. 

The most common health-related problems are mental health issues and drug addiction. 2014 was the last year in which detainees received methadone treatment from the Romanian Anti Drug Agency, and the centre does not stock any.

There is no therapist/psychiatrist. If the management of the centre considers that a detainee needs counselling, they put in a request for the therapist.

The food of the detainees is brought from the Giurgiu Penitentiary. When we visited, the detainees were about to have sour soup, cabbage and macaroni and cheese for dinner. They declared that the food was good.

The centre has a room designated as a kitchen for the employees, where all the food portioned. This room also holds the refrigerator for the detainees, where every detainee can leave their packs of food. There is also a refrigerator for the employees. One detainee is responsible for washing the dishes.

Upon entry, the detainees receive a blanket, a sheet and pillow, together with toiletries, if they do not receive them from home. Some detainees declared in their interviews that they only received soap and tissue paper, and other toiletries were distributed upon request.

The shower schedule is daily from 8 to 11 pm, depending on the room. Warm water comes from the two boilers installed in 2004. The bedsheets are not cleaned very often, as the management prefers giving out new bed sheets at regular intervals.

Outside contacts, other rights.

The detainees may send letters. The mailbox is on the ground floor, so outside the holding facility, thus the detainees must be escorted every time they want to mail a letter.

The detention centre also has a room used as a library, with approximately 50 volumes, a TV set and a telephone for the detainees. The Association believes that this room should be reorganised. The books are old, there is no copy of the Criminal Code, and the room is unsuitable for the library. Furthermore, the placement of the telephone in the library is inconvenient, as it infringes the right to hold private phone conversations, as the supervisor stays in the same room.

Every other week, the detainees can make a shopping list, and the centre employees buy and distribute the products. The centre’s management is happy with this solution, although our Association believes that centre employees should not be responsible for shopping. CPTAD Giurgiu has relatively few shopping requests, and its employees regard a tender for companies which may want to provide the products as very cumbersome.

The courtyard has approximately 15 sqm, is surrounded by high walls, is completely covered with bars and partially with Plexiglas, has a stationary bike, a treadmill and a power tower. The detainees go to the courtyard every day.

The visitation room was also on the ground floor. It has a desk, benches and a separated area. The room only fits one person. Meetings with the lawyers are also held in this room. The average visit lasts 30 minutes.

Interviews with the detainees

At the moment of our visit, the centre housed nine men. CPTAD Giurgiu rarely takes in women and minors. There was only one minor in 2019.

APADOR -CH visited and interviewed the detainees from two rooms. In one room, the APADOR -CH representatives interviewed three persons, who all stated that they received medical assistance as soon as possible whenever they requested it. When they have to go to the toilet, they knock on the door to be escorted to the bathroom. An old and torn print of the internal regulations was stuck on the room door. The room was for smokes, and although it had two windows, the air inside was barely breathable.

In another room, the representatives discussed with 3 Bulgarian citizens. They declared that they communicate with the officers in English, even though only one of them spoke it, and that they use non-verbal communication to make themselves understood. Furthermore, they declared that they did not receive an interpreter when their rights were read. They have the right to one visit per week, to a one hour walk, and phone calls three times a week. A doctor had seen them and received medical care when needed.

Concluding remarks and recommendations

APADOR -CH appreciates the efforts made to ensure adequate detention conditions and reiterates its recommendationsꓽ

  • putting the air conditioning machines into serviceꓼ
  • removal of the metal sheets covering the windows and radiators
  • setting up the telephones in an area which can ensure the privacy of the phone calls;
  • the addition of a copy of the Criminal Code and Criminal Procedure Law into the library as well as other books;
  • the addition of a first aid kit in the medical office

APADOR -CH would like to draw attention to the fact that the Giurgiu Centre for Pre-Trial Arrest and Detention offers inadequate detention conditions as the rooms aren’t fitted with bathrooms, and in such cases ECHR considers this as degrading treatment and a breach of article 3 of the European Convention on Human rights (which prohibits torture and inhumane treatment). Considering that the detention rooms cannot be retrofitted to include a shower ad toilet in each room, the Association recommends setting up a new Centre for Pre-trial and Detention, according to international standards.

 

Livia Popa

Nicoleta Popescu

Traducere Cristina Badea-Guțu

Report on the APADOR-CH visit at Galați maximum security penitentiary

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On the 20th May 2019, two APADOR-CH representatives visited the Galați Maximum Security Penitentiary. The most recent visit of APADOR-CH  took place in 2012, according to the report posted on the organisation’s website.

The Galați Penitentiary is situated in the city and occupies a complex of old buildings which have undergone improvements in the last years, but not sufficient to ensure proper detention conditions. The prison administration admits that the penitentiary continues to be overpopulated, with an occupation rate of 138%, despite de number of detainees having decreased substantially in the past few years through the application of the law on compensatory appeal (legea recursului compensatoriu)

The lack of staff (only 70% of the positions are filled) and tackling drug and phone traffic inside the penitentiary have been the two major challenges in the past few years, as announced by the administration. To this we can add uncertainty regarding available funds for future projects and even for salaries – according to the director, the budget for 2019 provides money for salaries only until October the current year Discipline and a rigorous application of rules are the two principles often emphasised by the director, who says that this is the only way he managed to stop certain illegal practices in the penitentiary.

Compared to the 2012 visit, the penitentiary no longer has an exterior section. The detainees in the open regime are complaining that this is not respecting their detention conditions. Also, no detainees work outside the penitentiary, the only works performed by detainees being the administrative tasks inside the penitentiary. For this, there are approximately 100 detainees used in a rotation formula, according to the administration. The reason invoked is the lack of guards and the fact that accompanying a detainee at work would involve reassignment of guard personnel, which would lead to an unjustified increase in the detainee’s work price. The administration claims they ‘rotate’ approximately 100 detainees, out of 400, only for administrative work.

General aspect and accommodation spaces

From a total of 1031 inmates in 2014, Galați Penitentiary reached 478 inmates at the moment of the visit, accommodated in a single building, in 77 rooms with a total legal capacity (of 4sqm/inmate) of only 344 spaces. 80% of the total is represented by maximum security and closed regime inmates, which is why the administration believes the penitentiary should be defined by this type of regime, with open and semi-open regimes being exceptions.

The penitentiary employment structure has 378 positions in the scheme, but only 281 are filled. The number is higher than in previous years, but not sufficient, the director complaining that the structure has been functioning without an accountant for several years. From these, 196 are working in detention safety, 17 at psycho-socio-educative and 14 in the medical sector.

The cells in the 8 detaining sections are identical and have 17,10 sqm each, plus a sanitary facility of 5,98 sqm. In general, each cell contains 8 beds, with them being grouped in two bunk beds , the third row having been removed in 2018 (as the administration stated) or in February 2019 (according to the inmates’ statements). Very few rooms were completely renovated, as in repainted and restoration of the sanitary groups, and these rooms also hold extradited inmates from foreign penitentiaries.

However, all mattresses have been changed in 2015 and some windows were repaired. In 2016, the phones were moved from the hallways into the inmates’ cells. Due to the penitentiary being connected to the city’s water network, there is a permanent water supply, and hot water three times a week.

At the penitentiary’s entrance there have been installed, in 2018, two containers, the detainees receiving sector-, where baggage and body check take place, as well as receiving bedding. The space is clean and at least until special buildings will be built, it is a civilised solution for organisation.

A football court has been arranged in 2018, in front of the detention building, with synthetic grass. This adds to the already existing football court behind the walking courts which is actually a bigger yard with sand, not equipped as a football court, but used as one.

The building with the detaining spaces is comprised of two attached buildings, with access stairs, one of them being renovated at the moment of the visit.

Ground floor – Cellblock E1 (maximum security) and Cellblock E8 (maximum security and increased risk)

First floor – Cellblock E2 (quarantine and medical unit) and Cellblock E7 (open regime)

Second floor – Cellblock E3 (imprisonment before trial) and Cellblock E6 (imprisonment before trial and closed regime)

Third floor – Cellblock E4 (open and semi-open regime) and Cellblock E5 (closed regime).

At the time of the visit, the penitentiary had 7 women admitted in two cells, semi-open regime, being in transit from other penitentiaries. The women had cleaned the rooms, the floors were freshly cleaned at the moment of the visit and they said they benefit from good conditions, but they were eager to go back to the penitentiaries they had come from because they were feeling isolated in Galați.

The food preparation area

On the day of the visit, the menu provided, as written in chalk on a board positioned at the kitchen entrance consisted of bean soup and mash with pork, and a vegetable soup option for those with dietary requirements. In the morning, the menu consisted of cheese, marmalade and tea. The inmates receive one egg every 10 days or 5 times in 10 days due to dietary requirements. Milk and yogurt are also available in the menu for either morning or dinner – for diabetics. For dinner they had cheese pasta or cabbage with bacon, depending on the food norm. Inmates who were working on serving received some bacon as food supplements.

The kitchen area was full of dense steam from the eight working cookers and, as a result, the walls were full of condensation, mould and moisture. The floor was freshly cleaned, and it was wet. The kitchen administrator said that the hood’s ventilator cannot deal with all the vapours and that is why there is always steam in the area.

The food had pleasant aspect and smell, the boiled pieces of meat were portioned and were mainly consisting of lean meat. In the kitchen area there are 13 inmates working, 5 in the morning and 8 during the rest of the day.

The administration claims they have been investing in maintenance work for the kitchen in the past year, painting, installing floor and wall tiles, bought two new cookers, yet the constant steam from the food preparation makes these investments less visible.

The medical area

Galați Penitentiary has 3 general practitioners, a dentist and 10 nurses. The job scheme contains a position for a psychiatrist, but during the last two contests organised for filling it in, no one registered. The infirmary is situated on the first floor, in the quarantine area. APADOR-CH representatives discussed with the available general practitioner, with the nurse and the dentist. These claim that the daily number of consultations that take place at the infirmary is around 60 general consults and 10 dental consultations. The appointments are made on a room basis, but they provide emergency consultations as well.

According to the medical staff, the most common health issues among the inmates are related to mental health, in a much higher percentage than the one in evidence and treatment – which is only 20% of the total number of inmates. Following are gastric issues, liver diseases, and heart problems. The penitentiary has approx. 10-12 cases of hepatitis, 1-2 cases per month of violence between inmates and very rarely, self-mutilations.

In 2018 there have been two deaths in the penitentiary: one heart attack and a person deprived of liberty who committed suicide. The association emphasises the recommendation to administration to intensify the psychological services offered to inmates, especially in the immediate period after the sentence is declared.

The medical staff declared there is no problem with the supply of medicine or other materials, that inmates even have condoms at their disposal, bought with the unit’s funds, which they can request from the medical staff – and they do – and that the overall medical services in the penitentiary are good.

The association appreciated the medical staff’s responsibility, and through distribution of condoms, they limit the spread of sexual transmitted diseases.

Serious conditions which cannot receive medical care in the penitentiary are transferred in the city’s hospitals (the military of the county hospitals) or at Rahova Hospital-Penitentiary.

Visit of individual cellblocks

The aspect of the sections is uniform, with no visible differences between detention regimes, the only exception being Maximum Security and Risk regimes, where opening the doors for APADOR-CH representatives was done in the presence of guards. They had full equipment, with identification numbers on their chest, helmets and video cameras to record interventions.

On the day of the visit, renovation was happening in several rooms. There renovations are part of the 2019 maintenance programme, during which the administration says they will paint all 77 rooms, will install toilet tanks and will replace the joinery with insulated windows.

Each section has a designated ‘club’ room, with new furniture, individual desks, where different socio-educational activities are held. On each corridor there is an info kiosk where inmates can check their card allowance and can consult legislation and legal status.

In one of the cells from Cellblock 2 there was a barbershop arranged, where an inmate, qualified through a course taking place in 2018 in the penitentiary, is giving haircuts to inmates from Cellblock 2. During talks with inmates from other units, some complained that they do not have access to a barber, despite a barbershop existing in the penitentiary, and they have to improvise and cut their hair in the bathroom.

The administration argued that they do not allow free circulation of inmates from other units in unit 2 (quarantine), to the barbershop, because it can cause disagreements between inmates or it can facilitate traffic with illicit objects. Additionally, the barbershop is placed in a highly circulated area, close to the infirmary and the quarantine cells.

All cells have telephones which can make connection both with the outside and with the inside, as a way of alerting the guards.

Cell E7.6 – open detention regime – 8 persons/8 beds. Inmates have a sanitary facility comprised of a Turkish toilet, a shower and a sink, all with a relative clean aspect. They said they have hot water twice a day, but sometimes it is not enough for everyone, especially since they to administrative work.

Otherwise, they declared that the food tastes good and there is meat everyday – some of them are working in the food block – and that the phone works enough, from 8 AM. after the wakeup call, until 9 PM.

Another cell from block E7 – open detention regime – 8 persons/8 beds. The space left between the beds is small enough to be filled if every inmate stands up beside their bed. The inmates complained that they do not benefit from enough fresh air, being taken outside in the walking courts only between 2 PM and 6 PM and that hot water is insufficient for all of them. Asked if they declared these deficiencies at the delegated judge, the inmates said no, because they believe nothing will be solved and even more, they will encounter inconvencies if they do.

Cell E8.4 – maximum security – 6 persons/6 beds. These inmates had no complaints about the penitentiary conditions.

Cell E8.3 – risk for penitentiary’s security – 6 beds/5 inmates, have also declared that the conditions in Galați Penitentiary are better than in other penitentiaries, and even that the prices at the shop are lower than in other penitentiaries.

A cell in unit E1 – maximum security – 6 beds/4 persons. The sanitary group was deteriorated, and the inmates had several complaints:

  • It takes them a week to be taken to the doctor
  • The price for one minute of telephone talk is higher than in other penitentiaries – 60 bani;
  • They are not allowed to dry their clothes inside the cell – administration argued that there is a drying facility where the washing machines are, and inmates get their clothes already dry. Hanging the clothes around the cell would be unhygienic and would lead to the formation of mould;
  • They are taken outside in the courts for walking only between 8 and 10 and there are no toilets in the yards;
  • That, although the penitentiary has a walking court equipped with sport facilities, inmates do not have access to them, and they are taken out for football only once a week and even then, not on the new court, but in an older walking court which has sand on the ground
  • One of the inmates declared that despite not having any incident report in the last 6 months, his detention regime has not been changed. He believes he is still held in maximum security or risk detention regime so that penitentiary employees can get salary increases.

The administration argued that inmates do not have access to the court with sport facilities because they can hurt themselves/ each other, and access to the new sport facility is considered a reward for those in less severe detention regimes. The inmates from maximum security and risk regimes can aim to reach that stage, in time, through suitable behaviour.

Cell E1.7 – maximum security – One of the inmates in the cell seemed to not be feeling well, he said he has a toothache. He requested to be taken to the dentist, but he was yet to be taken. He also had a badly wounded heel, caused by the inmates from the Giurgiu Penitentiary, where he was coming from and for which he received medical treatment at Galați. The inmate was trying to obtain a definitive transfer from Giurgiu to Galați, on the basis that his cellmates at Giugiu harass him and also, Galați would be closer to his home – which is Tulcea. He was complaining that his request was not being approved.

Cell E1.2 – maximum security – 5 persons/6 beds, the inmates claimed that the penitentiary’s store prices seem too high and the food provided is of poor quality. They say that generally, they are taken to different general knowledge courses every month, but they rather wish to obtain a qualification during the free time they have in the penitentiary.

During the visit, in one of the unit’s clubs, there was an ongoing first aid exam in which, according to the supervising teacher, more inmates participated but there were only two left.

The isolation cell is on the same section, in renovation at the moment of the visit. According to the administration, the room has not been used in a long time.

In cell E1.6 – maximum security – with 6 beds, from which only one had a mattress, there was a young man temporarily accommodated, being in transit at Galați. The cell was in an advanced state of degradation, as well as the sanitary facility. The young man had nothing in his cell except the empty mattress on the bed and he seemed to be in a tense mental state. Asked for how long he has been living in these conditions, he replied that it has been a few days and after a few more he was going to leave.

The penitentiary administration argued that the young man has been aggressive, broke the TV and was accommodated alone because he was not on good terms with other inmates. The officer on duty had two local newspapers on his desk which were going to be given to the young man, as to ensure the right to information.

The association believes that in such cases the inmates, especially those from vulnerable groups, must be paid extra attention to and should be, as much as possible, accommodated in rooms with other inmates.

In cellblock E3 – preventive arrest, there were several young persons, one of them also placed alone in a E3.8 cell. This cell had a TV, and the young man staying there said he has been staying in the same room every time he is in transit at Galați, for the past four months. He said he is taken out for walking everyday starting with 12 and once a week for football, also alone. The young man seemed to be in a stable mental condition.

A room in cellblock E3 – preventive arrest – 8beds/8 persons. The inmates said they have socio-educational activities, courses twice-three times a month, access to the library, but have complained that sometimes the tap water has bad odour and that the Turkish toilet in the sanitary facility does not have a tank and they have to pour water in the toilet with improvised vessels. The hot water, running for one and a half hours every day, is insufficient for all of the inmates. Some said they do not complain about the conditions out of fear of repercussions. All eight said they would appreciate if the penitentiary would provide, at least on the corridor, a fridge where they could keep perishable food, as the storage space in the cells is small and unsuitable for keeping vegetable and fruits – especially during summer. Because they have access to the store only once a week, they have to buy more food (for the entire week), thus needing suitable storage space.

The administration argued that there is no legal basis to install fridges for inmates and that as long as they are being offered hot meals every day, the inmates have no reason to store food in their cells. The director admits that this used to happen, but drug trafficking started happening through the fridge in the hall, with the guards turning into waiters for the inmates.

Cell E6.7 – closed regime – 6 persons/ 8 beds. Degraded sanitary facility, mould in the cell. Inmates complained of bedbug infestation, one of them even showed multiple bites on his legs. One of the inmates complained that despite being diabetic, he is not receiving treatment, but a cellmate contradicted him saying that he probably does not need a treatment and that is why he is not receiving any. Another inmate said that the penitentiary store sometimes has expired goods, that he suffered from food intoxication caused by some eggs he bought from the store.

Asked about this aspect, the store clerk replied that the goods are not expired but they can become altered if kept in unsuitable conditions in the cells.

The inmates added that they often take part in different courses if they sign up, but they were unhappy that on the new football court, with synthetic grass, only inmates from the penitentiary team are allowed to play.

A room in cellblock E6 – closed regime – 8 beds/7 persons. The cell and especially the sanitary facility were in a very advanced state of degradation, full of mould. The inmates complained about bedbugs, the bad food which lacks variation, the mould in the cell and in the sanitary facility, the lack of a toilet tank and that beyond the cell’s windows there are some boards installed that do not let air get through – which is why their windows were taken out. They also underlined that the penitentiary does not have a gym, and in the walking court where sport facilities are installed, they had access during a training, which can only be taken once by every inmate during their detention time. The inmates were also unhappy with the lack of a barber, with the high prices from the shop, by the fact that they are not allowed to work outside the penitentiary, by the redundancy of the education courses – they argued that an inmate who takes high school lessons is actually an illiterate.

The penitentiary administration declared it is the first time they heard about the existence of bedbugs in some cells that have been visited by APADOR-CH representatives. They said pest control came not long ago, but the bedbugs might have come through an inmate’s luggage, from another penitentiary. Regarding the second window net, the administration claims it was setup in order to stop traffic with illicit objects between cells.

Units E5 and E4 – closed regime holds those inmates who do the administrative work in the penitentiary: kitchen, green spaces, carpentry workshop.

Cell E5.4 – closed regime/ administrative work – 8 beds/8 persons – Inmates said they had bedbugs up until a few months ago, but they used a liquid substance and now they got rid of them. They complained that because of the amount of work, they do not have time for other activities, but they said they are often taken out at on football court, the one with synthetic grass. They were also saying that the shop has expired food.

The association believes the inmates are discriminated against, with the administration offering better conditions to those extradited, solely on this criterion.

Cell E4.2 – closed regime – 8 beds/ 6 persons – inmates stated they benefit from conditions typical for ‘Romanian jail, can’t compare it to those in Germany or Italy’. The inmates here also complained about not being given access to the walking court with the sport facilities, that they are not taken out to the new football court and that the food is tasteless.

The walking courts are basically multiple cages stuck together, placed at the end of the building with the detaining section. They have no facilities, the inmates who go out in the walking court have no other activity than walking from one side of the cage to the other. The football court with the sand is situated behind the walking courts and its area will be reduced as a church will be built.

Visits’ section, prison store and the chapel

The visits’ section has 6 visit booths fitted with a divider and 4 tables without dividers. In the package the inmates are allowed to receive from family, liquids are excluded on the basis that in the past years they discovered forbidden substances in water or juice bottles – such as alcohol.

The penitentiary chapel, a small but very well-arranged building with the help of the orthodox priest, employee of the penitentiary, will be moved into a bigger construction that will built in the penitentiary’s yard, where the walking courts are now. The latter will be rescaled and expanded – claims the administration – by reducing the size of the sand football court. The church that will be built, says the priest, will be funded by the archbishop’s money. A bigger church is needed because the priest cannot hold all religious services in the chapel that is now too small.

The prison store was well-stocked and spacious. The items’ prices were displayed in sight: water (2l) – between 1.8 and 3 LEI; juice bottle (2l) – between 4 and 6 LEI; Jacobs coffee (250gr) – 12.55 LEI. A green lettuce – 4 LEI; a bunch of spring onions – 2 LEI; oranges – 5 LEI/kg; apples – 3 LEI/kg. Inmates are not allowed to order pizza or any other cooked food, although this was allowed in the penitentiary for a while. The administration banned it, saying that drug trafficking was happening through this.

Some of the inmates told APADOR-CH representatives that hygiene in the intimate room is lacking. This contains a bed, TV and fridge, has a sanitary facility with shower and indeed, it does not strike with its hygiene. The mattress and the bedding were in particularly poor condition.

The administration argued that each inmate brings bedding anyway and they cannot force the inmates to clean the room after the visit is over.

School and socio-education sector

There is a school operating in Galați Penitentiary (in a separate building from the detaining building) which has 1-8th grade (divided in 6 classrooms) and two high school grades – 9th and 11th. On the day of the visit, the secondary cycle lectures have already taken place in the morning. APADOR-CH representatives could observe only one technical drawing class in the 9th grade, where a room full of inmates were qualifying in joinery. Teachers come from the city and are paid by the School Inspectorate. The classrooms where classes are held have the same kind of furniture as the clubs from the cellblocks. The average number of inmates who participate in education courses is 70 per year.

The school has a sanitary facility which is in better condition than the ones in the cells, and a courtyard made of concrete where a ping pong table was placed.

One inmate in the drawing class complained that there are no practical activities in the joinery workshop, only theoretical notions. The Administration explained that practice can happen only in the presence of a qualified instructor because the workshop has sharp objects which need supervision, and only in the final two weeks of teaching.

The socio-educational sector seems to be the best working one at Galați Penitentiary. The responsible staff managed to organise the activity of the 3 social workers, 3 psychologists, 3 educators and 2 sports supervisors (although the job scheme is bigger here too) in such manner as to ensure, to all inmates, the possibility to get involved in at least one educational activity per month. Moreover, during the discussions with the inmates, the majority admitted they do not lack this kind of activities, they only wish they had the possibility to undergo more qualification courses.

The physical activity schedule, which most of the inmates complained about, is the following, made on regimes:

  • Young people and those in open regime – twice/week
  • Closed regime – once/week
  • Maximum security and risk – twice/month and only on the football court behind the walking cages, where there are security guards.

The staff responsible for the socio-educational sector claim that not offering access to everyone on the new football court acts as motivation for those in maximum security and risk regimes, to behave well and change their detention regime faster.

The penitentiary has a project for the construction of a sports hall, and they are waiting for NAP’s approval.

In the last years, the barbershop has been created as a result of sponsorships and an inmate from unit 2 has obtained qualifications for the job. A tailor shop has also been created through a sponsored project, but it only works for the penitentiary, the same way as the joinery.

The service also contains a TV studio with closed circuit and a library equipped with a generous number of books, received from donations (circa 2000 books). An inmate, who is the library responsible, gathers articles from the inmates, types them into a computer and edits a penitentiary magazine every three months.

The rights and freedoms judge

The rights and freedoms judge declared that from 150 complaints received in the past year from inmates, the majority are appeals to the execution of the sentence. Regarding the complaints about the living conditions, many of them are ‘preformulated’, the judges considers, the inmates invoking the right to choose: some demand money as compensation for the poor conditions, others ask to be moved in appropriate conditions instead of winning days. In the judge’s opinion, only about 5% of the Galați Penitentiary has suitable detention condition, considering  the allocated space of 4sqm/inmate.

Other requests made by inmates before the  judge target the ‘administration’s oppression’. The judge says that inmates sign up for audience particularly before the commissions for conditional release and accuse the administration of bad faith. They usually complain about requesting different things from the penitentiary administration which they failed to receive.

Every Thursday, 4-5 inmates are signed up for  audience. The judge estimates to approve app. 5% of the cases and the he generally did not have cases where decisions were invalidated before the court.

Some complaints targeted officers’ interventions in the detention cells and aggressions that followed. The judge says he partially admitted those complaints as inmates were, to a certain extent, provoked. However, the place’s specificity cannot be overlooked.

Investment plans

The penitentiary plans on constructing two new buildings: one to extend the already-existing one, attached to it through modern walking-courts; and the second building situated at the entrance, replacing the containers that are there now for receiving the detainees. The new building’s capacity would be of 150 spaces. At the moment, the projects are in the phase before the feasibility studies. According to NAP’s engagements, these building should be finished in 2022.

The short-term investment plan as well as the budget grant solely the room renovation, renovation of the penitentiary fence (which has fragile portions), renovating the roof of the thermal plant and few renovations at the school building.

Conclusions and recommendations

The association mentions that compared to 2012, some things in the Galați Penitentiary changed for the better, but the overall detention conditions and the overpopulation of the cells are yet to be solved.

Additionally, what is appreciated is how the socio-educational sector manages to involve a big number of inmates in education activities. It would be desired to focus more on qualification courses in order to offer inmates an advantage for when they are released and return in the labour market.

Increased attention should be given to psychological assistance, especially since many inmates suffer from mental illnesses.

The administration’s efforts to stop drug and phone trafficking – which is said to have been happening at a large scale before 2017- are understandable and appreciated. However, some decisions seem to be adopted as to make detention even harder for the inmates, acting as in corpore punishment, besides the already poor conditions. These effects seem to show in a slight increase in aggressions and self-aggressions among inmates, according to the 2018 activity report – 68 cases in 2018 compared to 48 in 2017, especially with a decrease in the number of inmates (what should be noted is that the official numbers seem to contradict the predominantly positive information provided by the medical staff of the penitentiary when they discussed with the organisation’s representatives). According to the same report, there was a dramatic increase in violence against staff, from 1 in 2017 to 14 in 2018, which can show a hidden nervousness among inmates.

The association’s recommendations for the penitentiary staff:

  • Pay more attention to the hygiene of the cells to prevent bedbugs from appearing;
  • Reassess the decision regarding forbidding the use of fridges on the hallways for the inmates – despite penitentiary offering them hot meals, inmates need a daily share of fresh fruits and vegetables (which are not being offered by the penitentiary) and keeping them in the fridge, especially during summer, is essential;
  • Increase hot water allowance from 1-2 hours to 3 hours, at least in the cells with 8 inmates so that all of them have time to wash themselves;
  • Try to find solutions to keep inmates busy through paid jobs, at least for those in open regime who do not need very strict supervision;
  • Reconsidering inmates’ access to sport activities, as in increasing the number of activities.

Other recommendations can be found inside the report.

Livia Popa

Dollores Benezic

Translator: Amalia Tihon    

Report on the APADOR-CH visit at the Pre-Trial Arrest and Detention Center under the supervision of the Galati Police County Inspectorate

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On the 21st of May 2019, two APADOR-CH representatives visited the Galati Police County Inspectorate detention center. Previously, this center had been visited by APADOR-CH in 2012, according to the report on the APADOR-CH site.

Detention spaces – location and amenities

The pre-trial arrest and detention center is located within the inspectorate and takes up three levels in one of the wings of the building. The wing in which the jail is currently situated in underwent a series of renovation and modernization works (paintwork, modernization and sterilization of the sanitary facilities, new furniture, mattresses, air conditioning, surveillance cameras), which were finalized in 2018.

Right from the beginning, the director of the detention center mentioned that there are some non-functional aspects at the center, reasoning that the project holds a two-year warranty period, in which time no changes or improvements are allowed to be made that would affect the original renovation plan.

The building’s basement features a library, several administrative chambers, as well as a washing machine and a laundry room for the detainees. The ground floor features six cells, a visitation booth including a divider, a medical facility and two yards meant for walking. On the first floor there are six cells and a cell for solitary confinement.

The 12 cells feature two or four bunk beds. The cells featuring two bunk beds hold one prisoner, while the cells with four bunk beds hold three prisoners. According to management, the center has a maximum detention capacity of 28 people. Dimensions for the two-bed cells range between 7.10 and 7.77 square meters (excluding the sanitation facility, which takes up approximately 1 square meter), while the four-bed cells range between 10.32 and 10.67 square meters (excluding the sanitation facility – 1 square meter). As not every bed was occupied, at the time of the visit each prisoner held in the center was allotted an average 3.5 square meters (in case of the four-bed cells), less than the standard 4 square meters, which should be the minimum allocated to a prisoner, according to the European Committee for the Prevention of Torture and Inhuman pf Degrading Treatment of Punishment (CPT) norms.

Management claims that the “extra” beds cannot be removed due to the project warranty, which doesn’t allow for considerable changes to be made on the building. The Association considers that the project could have forecasted the placement of a smaller number of beds from the beginning in order to respect space standards, since the center modernization was undertaken precisely align the center with CPT norms. Therefore, the Galati Police County Inspectorate detention center is somewhat crowded, related to the number of beds and persons, however, APAPDOR-CH notes that the situation is much improved compared to the 2012 visit, when, according to the management from that time, there had been situations when two people shared one bed.

The sanitation facilities in each cell feature approximately 1 square meter, they are tiled and include a Turkish toilet with a shower placed above each one. In the visited cells, the detainees had plugged up the toilets with plastic bottles (PET) filled with water in order to block the sewage smell—a similar situation to the one in 2012. The cells each feature one sink along with a mirror made of damage-proof material, placed outside the sanitary facility. The cells have also been fitted with large double-glazed and fixed windows, inclinable only on the upper section. This allows for natural light and fresh air to enter, an obvious improvement compared to 2012. The sanding on the glass of the windows doesn’t allow for any visual contact with the outside world. The cells aren’t equipped with tables. In addition to bunk beds, some cells feature functional television sets (some brought in by prisoners, others from the center’s equipment base). In the two-bed cells (one-person cell) there aren’t any television sets. Asked whether he would want a television set, one inmate confessed that he had requested one but was told it wasn’t possible. The center manager reasoned that there’s a risk for the persons quartered alone to use the television cord for suicidal purposes. However, the Association considers that the prisoners’ right to information must be respected and a television set is necessary, especially in one-person cells.

The solitary confinement cell features one bed, but it does not comply with the conditions of a standard solitary chamber, and it cannot be fitted earlier than 2020 due to the same project warranty reason. This cell wasn’t being used at the time of the visit and there are plans for upcoming adjustments to be made following the expiration date of the two-year warranty period, the manager said.

 

Concentration and staff

At the time of the visit, the center held a total of 20 male prisoners, out of which 3 were minors. Other detainees had been transferred to neighboring centers, as follows: one person transferred to the Tulcea Pre-Trial Arrest and Detention Center, three persons transferred to the Vrancea Pre-Trial Arrest and Detention Center and six transferred to the Braila Pre-Trial Arrest and Detention Center. The center manager declared that it is preferred to maintain a number of available spots at the center, in case of emergencies. The Galati Pre-Trial Arrest and Detention Center occasionally hosts female prisoners, but only for short periods of time. They are usually transferred to nearby penitentiaries or jails, which are fitted with dedicated female wards. The Galati Pre-Trial Arrest and Detention Center’s staff includes female employees who can ensure security and surveillance in case of female detainees. When there are no female detainees, female agents mostly handle administrative tasks, packages and visitation.

The center’s staff is made up of the manager and 28 agents (6 are female agents), assigned to security and surveillance, escort, rights assurance (packages, visitation) departments.

For transportation purposes, the center has three D category vans at disposal (the maxi-taxi type) and a modified Dacia Logan featuring a ramp and bars. The center is set to receive another of this kind. The center isn’t equipped for video questioning/hearing.

Meals, medical assistance, hygiene

The medical facility is situated on the ground floor, in a chamber measuring 7.10 square meters, equipped with a bed and a medicine cabinet. It does not feature a sanitary facility. The medical staff comprises three nurses and a doctor, who is also the chief of the County Medical Center, which is under the authority of the Medical Directorate of the Defense Ministry and provides services to the Pre-Trial Arrest and Detention Center staff and inmates. There is no permanent medical assistance at the jail. A nurse is present at the center for four hours and a doctor is present for 2 hours on a daily basis. The 112-emergency number is called in case of emergencies. The doctor and nurse the APADOR-CH representatives talked to said that another doctor will be hired at the end of the year.

 All inmates are medically examined upon being taken into custody. The center has a protocol with the Saint Andrew County Hospital, which also ensures medical services for inmates, in case necessary. Dental ailments and more complex health issues are treated at public hospitals. The center doesn’t cover complex dental interventions, inmates pay for those. As medical assistance isn’t provided during nights, the physician and nurses leave the medicine, which is to be distributed during the night, with the guards. According to the medical personnel, there haven’t been any situations when inmates needed medicine and didn’t receive any.

The most common afflictions encountered with inmates are behavior disorders and psychoactive substance addictions. However, the center hasn’t had any cases involving inmates under methadone substitute treatment. In case of withdrawal, procedure requires informing and putting the inmate in touch with the National Antidrug Agency (NAA).

There is no psychologist/psychiatrist available for the prisoners. Primarily, the physicians are the ones who call attention upon a prisoner who might need psychological counseling—he is directed to the psychologist catering to the needs of the center’s staff. In psychiatric instances, inmates are examined at the Galati Military Hospital. For psychiatric cases, inmates are examined at the Galati Military Hospital. Inmates do not receive condoms, because the center manager considers them unnecessary, as all prisoners are male. There has been only one inmate who stated to be homosexual and he was quartered alone in a cell. However, the Association considers it useful to supply inmates with condoms in order to prevent sexually transmitted diseases. Upon being taken into custody, prisoners are tested for TBC trough the national healthcare act. No HIV tests are carried out, but there has been one person who stated to be HIV-positive and he was quartered alone in a cell. The center manager stated that a bactericidal sterilization lamp has been purchased for instances of TBC and hepatitis.

Bedding is provided upon entering jail and it is comprised of blankets, bedsheet, pillow and hygiene products. Nevertheless, after talking to some of the inmates, it seems that they received insufficient hygiene products (only paper and soap) or none at all. The center manager stated that oftentimes detainees bring their own products from home but are asked if they also require the products provided by the center. Most stated that they received, upon request, products for cleaning and sanitizing the cells. Some mentioned that the blankets are small and very old, insanitary and they weren’t able to use them. Prisoners have access to one washing machine located in the staff sanitary facility, where prisoners can also dry their clothes.

One of the issues identified by APADOR-CH representatives was regarding hot water. The center currently has two water-heating boilers. Following conversations with the prisoners, inmates on the ground floor said they always have hot water, while inmates on the first floor said they only have hot water for 30 minutes in the morning due to a malfunction in one of the boilers. The center manager stated that all rooms have hot water at all times, except for when the boilers are empty and need to heat water again. He says that in those instances the water is lukewarm, but not cold. Regardless, as it is not clear whether the inmates rightfully complained, or they just didn’t think of checking for hot water later, the center manager revealed that the situation will improve this year because 14 heating stations will be acquired and installed, which will also ensure heating throughout the jail in the winter, as the city’s district heating went bankrupt.

Meals are provided by the Galati Penitentiary and transported with the center vehicle. The inmates with whom the APADOR-CH talked to stated that meals are satisfactory, but they prefer to eat food from home.

Contact with the exterior, other rights

There is a mailbox on the ground floor, in the hallway providing access to the two yards, where inmates have the option to mail their own letters. Prisoners’ correspondence is registered at the registrar’s office. The detainee opens their letters in the presence of the supervisor.

There are two telephone terminals without being separated by an isolation board at the disposal of the prisoners, also on the ground-floor hallway. APADOR-CH considers that placing the telephones on a circulated access corridor, nearby the supervisor’s office, doesn’t provide enough privacy in regard to respecting the prisoners’ right to confidentiality.

The visitation room equipped with a separator is the place where packages are opened by the agent, in the presence of the detainee and the visitor, with the package being handed over through an opening in the separator. Minors benefit form visits on one side of the visitation room, without the separator. There is no room for private visitations and there haven’t been any requests for this kind of visitations. Management mentioned that in case of requests, they will be transferred to units that include this amenity.

The yards (one of 19.89 square meters and the second of 14.94 square meters) are more like walking chambers, as the center manager describes them. These are spaces with cement walls taller than 2 meters, featuring an empty section on the upper part, right under the roof, to facilitate air circulation. The yards are completely covered with a grid and plexiglass, which almost completely prevents detainees from seeing the sky. The Association considers that this is more likely a hermetically sealed space, which doesn’t provide favorable conditions for the prisoners’ walks nor for carrying out any other activities than walking. APADOR-CH recommends a refurbishment and equipping of the yards, perhaps with a sporting device (a basketball hoop, horizontal poles for pull-ups. Additionally, the placement of a clock on the yard wall would be useful. A detainee recently taken into custody was visibly disoriented about everything happening to him and told the APADHOR-CH representatives that since being in jail he never knows what time it is since he only had the time on his cell phone. Walks take place daily, for an hour, per rooms.

The center’s library is situated in the basement and features approximately 100 books (fiction, adventure novels, poetry volumes). The room measures roughly 7 square meters, featuring a small window and a desk. The detainee can request to be brought down to the library or he can ask the police agent for a book he would like to borrow. APADOR-CH representatives did not identify copies of the Penal Code, although the manager said it is one of the most requested books. In fact, one of the detainees stated that he would like to purchase a copy. The smell of fresh paint and the stuffy air indicates that this chamber hasn’t been used very often following the renovation. The Association considers it necessary to replenish the library’s book base, especially with law books.

The center doesn’t feature a store. In the extent to which the inmates have money, once every two weeks each inmate has the right to compile a shopping list of up to 21 liquids, 20 kg of groceries, 6 kg of fruit/vegetables. These are purchased in the city by the staff. There is one functional refrigerator on each floor, at the prisoners’ disposal. The center manager mentioned the fact that there is indeed an issue with this supply method through the staff, because it runs the risk that agents may lose some authority over the inmates and be seen as couriers. There have been discussions about turning to commercial operators, but that’s not possible as the inmates’ budget is unpredictable, and operators impose consistency and stability. Moreover, there is no criteria for selecting a commercial operator, there are no stipulations in this regard. The center manager stated that it would be useful to establish an economic entity or a unitary solution on a national level through a decree.

At the time of the visit, three minors in total were quartered with adults. According to the center manager’s explanation, one of the minors specifically asked for this, while the other two were detained for the same deed and couldn’t be quartered together. According to article 117 from Law 254/2013 regarding the execution of sentences and of measures involving deprivation of liberty ordered by judicial authorities during criminal proceedings, minors must be quartered together and separate from adults.

In the backdrop of the European Parliament elections, the center manager stated that there was an informing process for the prisoners, but no one expressed the willingness to vote. In other years, the center got in touch with BEC (Central Electoral Bureau), submitted the list of persons who wanted to vote and made the ballot box available to the inmates.

Discussions with the inmates

APADHOR-CH visited and talked to inmates from four cells. In one of the ground-floor cells, APADHOR representatives talked to three people, who stated that they were content with the conditions as they were quartered in a renovated cell, they always have running hot water, agents ask them every morning if they need to see the physician, their bed sheets are washed when necessary, they received cleaning and sanitizing products for the cell, and the walk schedule is kept.

In another cell there was only one person who requested to be quartered alone due to health reasons. The detainee was also content with the conditions, except for the lack of hot water, the fact that he can’t purchase cooked food and the small dimensions of the yard. He stated that he received medical treatment when necessary and that he only received paper and soap, without any other hygiene products, upon being taken into custody.

In one of the cells on the first floor there were two people, one of them a minor, at the time of the visit. The minor stated that his rights were explained to him upon arrival and he was examined by the physician. The other inmate stated that conditions at the Galati Pre-Trial Arrest and Detention Center are better compared to other centers and that he gets along well with the minor and regards him as his son. The cells are fitted with a doorbell system that inmates can use to call the supervising agent on the floor, who generally responds quickly to requests.

Other inmates were encountered in the walking chamber. They also stated that they were examined by a physician upon being taken into custody (one of them, a minor, had dental issues and received painkillers until he was to be taken to the dentist—he put in a request for this), they were read their rights upon arrival, the staff displayed a professional attitude. Two prisoners said that they didn’t receive hygiene products, so they had to purchase them.

Procedural matters—handcuffing and body search

When asked by the APADOR-CH representatives regarding the detainees’ handcuffing procedure, the center manager stated that prisoners are cuffed every time they leave the jail (for court and other criminal proceedings), in compliance with the Regulation related to the setup and operation of pre-trial arrest and detention centers, as well as necessary safety measures for these, approved through the Ministry of Internal Affairs Decree nr. 14/2018. The Regulation allows handcuffing “while traveling to judicial authorities or during transfer, as a measure of preventing escape, in thoroughly warranted instances”. The center manager stated that the inmates qualify for these thoroughly warranted instances as most of them are “carrying out some form of measure involving deprivation of liberty ordered based on assessing the: severity of the deed; the manner and circumstances of committing the deed; criminal history and other circumstances regarding the inmate, when taking into account the fact that liberty deprivation is necessary in order to remove any sense of danger toward public security.” Consequently, the Regulation is somewhat lenient with regard to handcuffing.

The shift manager’s chamber, situated on the ground floor, is the one where the body search is carried out on detainees upon arrival. The room features a surveillance camera, same as every corridor and the yards. The center manager stated that the detainee’s privacy and dignity is respected during the body search.

Conclusions and recommendations

The center is evidently different compared to APADOR-CH’s previous visit—recently renovated, modernized sanitary facilities, double-glazed windows, ventilation system installed in the hallway and the cells. Inmates confess that they are content with conditions for the most part.

APADOR-CH appreciates every improvement made as well as the staff’s effort in ensuring detention conditions, while reiterating the recommendations mentioned throughout the report:

  • Telephones to be placed in an area that ensures conversation privacy;
  • Hygiene products to be guaranteed for all detainees upon arrival;
  • Cells to be equipped with a table each;
  • A clock to be placed in the yards;
  • Copies of the Penal Code and Criminal procedure code, as well as other books to be added to the library’s book base;
  • Television sets to be placed in the one-person cells;
  • The yards to be remodeled in order for the roof to feature at least an open portion;
  • The yards to be fitted with minimal sports equipment for physical activity.

And last but not least, APADOR-CH draws attention on this visit as well to an unresolved systematic issue: the limited access to medical services for persons suffering from mental disorders. We remind the Romanian state that solutions must be found to implement the ruling of the European Court of Human Rights in the case of Ticu v. Romania, where the Court established that the lack of access to medical treatment and services for inmates suffering from mental illnesses constitutes a breach of article 3 of the Convention (the right of not being subjected to torture, punishment and inhumane and degrading treatment).

Dollores Benezic

Livia Popa

Translator: Timea Papp

Report on the APADOR-CH visit at the Miercurea Ciuc Pre-Trial Arrest and Detention Center

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On the 5th of April 2019, two APADOR-CH representatives visited the Miercurea Ciuc Pre-Trial Arrest and Detention Center.

Features, concentration, investment

The Center only admits persons within the Harghita County territorial area.

At the time of the visit, the Center held 11 liberty-deprived persons, all male. According to the representatives present on scene, the number of persons within the detention center has decreased lately, as courts have issued fewer deprivation of liberty orders  and more house arrest and judicial supervision measures. As of March 2018, an average of 5 persons were held in the Detention Center, with intervals during which no persons were being held in detention/arrested. The declared full capacity is of 21 persons (relative to the number of installed beds in the 11 rooms of the center).

The establishment plan currently foresees 16 positions, out of which: 15 agents and a chief of detention. At the time of the visit, 4 agent positions were vacant.

All 11 rooms are situated on the ground floor, with floorplans ranging between 6,72 square meters (the smallest) and 18,76 square meters (the largest). There are 7 rooms containing 2 beds, 3 rooms containing 1 bed each and 1 room containing 4 beds.

In 2016, through a project financed with the EEA and Norway Grants 2009-2014, all windows were replaced using double-glazed type carpentry windows, while new beds and mattresses were acquired as well.

According to the spokesperson of theCenter, it underwent a series of maintenance repairs consisting of sanitizing and painting detention cells between 2017 and 2018.

All 11 rooms of the detention center are in need of critical investments (refurbishment), considering the complete lack of rehabilitation, the presence of mildew and water leakage, corroded sanitary facilities and substandard/poor hygienic conditions. There are two sanitary facilities in the hallway—one used by women (also used by the center’s personnel), and another used by the liberty-deprived men. The latter is equipped with Turkish toilets as well as showers above the toilets. There are three sinks. The toilets are plugged up with plastic (PET) bottles due to the fact that the sewer smell is pungent and difficult to endure. All sanitary facilities are rusty, old and partially functional.

Amenities in the detention cells are minimal: aside from beds, there is a table but no chair, in case the detained persons would like to eat at the table. The detainees confirmed that they have requested at least a chair, but the situation didn’t progress further from the “promise” stage. When asked about the situation, the center representatives said they fear that chairs might be used for self-harm purposes.

Each cell’s “amenity base” includes a plastic bucket used by detainees to relieve themselves during the night. The inmates specified that if they knock on the cell doors during the nights the supervisor will open the doors in order for them to use the facilities, but they resort to this only if they have an emergency; otherwise they usually don’t want to disturb and prefer to “use” the bucket during the interval between 22.00-06.00.

The Center representatives provided surprising explanations by stating that the keys of the detention cells are in the possession of the on-duty officer at the police station and not in the possession of the supervisor who provides security at the center during the night. In case there’s a request from a detainee such as using the facilities during 22.00-06.00, then the on-duty officer is contacted by the Center worker, the officer goes to the center, they open the cell door and wait until de liberty-deprived person returns to their cell, locks the door and returns to their post within the police station building.

The association calls attention to the fact that the use of a bucket to relieve physiological needs during the night constitutes inhumane and degrading treatment according to the jurisprudence of the European Court of Human Rights.

The Center representatives presented the full modernization and rehabilitation project, which was created and later updated in 2017. The acquisition procedure in SEAP was launched in 2018, but the request was rejected 3 times because it wasn’t in accordance with the procedure. For this investment, valued at approximately 400,000 euros, funds were allocated through a loan commitment for 2018, but the acquisition contract wasn’t closed until late 2018, thus obstructing the procedure until budget allocations are made for 2019.

The  Miercurea Ciuc Modernization project is comprehensive and will feature: outfitting and re-compartmentalizing the cells including common areas; replacing sanitary facilities in each cell, changing all of the sanitary and electrical installations, adding a new efficient surveillance system, phone system as well as new furniture.

The Association requests the continuation of the acquisition process once the 2019 budget is operational, considering the condition of the detention spaces that require urgent and extensive investment.

Cells are not equipped with outlets and lack television sets, a fact that detainees who spoke to association representatives have complained about. There is only one radio transmitter that broadcasts music during the day on a local radio station—selected by the supervisor—which plays in every cell. The radio station can be turned off at the request of the detainees.

The medical facility

The medical facility of Miercurea Ciuc Center is situated in an arranged space set up in the basement. At the time of the visit, according to the discussion with the doctor, the facility’s personnel consisted of 3 physicians: the chief physician with a daily schedule between 8-16, 2 doctors who provide on-call medical services in shifts—in case they are called in when they are home, they come in—and one medical nurse. The medical facility is fitted with minimal medical amenities and in case of emergencies, they call the 112 emergency service. The Center’s physician specified that the most common afflictions encountered are: behavioral and cardiac disorders. There was only one drug user in the course of 1 year.

The positioning of the telephone within the medical facility—used by inmates to communicate with the outside world—is entirely unusual. The telephone’s position is completely inappropriate due to the chosen location—within the medical facility—as well as due to the fact that visual surveillance cannot be provided to those using it. All detainees who spoke to the association representatives stated that the supervisor sits on a chair in the medical facility right next to the telephone, thus failing to guarantee the right to confidential phone conversations.

Activities, contact with the outside world/outside contact, other rights

Liberty-deprived persons who spoke with APADOR-CH representatives stated that they usually spend 1 to 2 hours in the yard. There is only one yard of approximately 18 square meters within the Center, equipped with a bicycle—received through the Norwegian Financial Mechanism 2009-2014—and a small bench. The yard is fitted with a plexiglass roof across one-third of the yard’s surface so it can be used regardless of the season.

The room to provide the right to private visitations doesn’t exist.

The persons detained at the Center have confirmed that they only received toilet paper at the moment of entering detention, without having received further mandatory sanitation products (a bar of soap, shaving cream/foam and a single-use razor).

Conclusions and recommendations

APADOR-CH has appreciated that rehabilitation undertakings have commenced at Miercurea Ciuc Pre-Trial Arrest and Detention Center  in order to align the it with international standards regarding spaces for liberty-deprived persons. However, these efforts must remain consistent and be continued in order to finalize the projects mentioned in the report, considering that currently, the Center isn’t in compliance with the jurisprudence of the European Court of Human Rights and the recommendations of the European Committee with regard to preventing torture and inhumane and degrading punishment (CPT).

We request/ask the competent authorities to prioritize the allocation of necessary funds for the rehabilitation of CRAP Miercurea Ciuc.

Nicoleta Popescu

Georgiana Gheorghe

Beyond Surrender

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Beyond Surrender aims to look at the use and abuse of the European Arrest Warrant (EAW) and its impact on the life of the defendants and their families. The project, funded by the EU Commission, is being coordinated by Fair Trials and implemented in cooperation with four partner organisations in Lithuania (Lithuanian Human Rights Monitoring Institute), Poland (Helsinki Committee in Poland), Romania (APADOR-CH) and Spain (Rights International Spain).

The project will be implemented during April 2016-February 2018.

Context
While the simplified system of surrender established by the EAW Framework Decision has undoubtedly had success in preventing the EU’s open borders from being exploited by those seeking to evade justice, the past eleven years have highlighted significant problems in its operation. The European Commission, the European Parliament, certain Member States and civil society have recognised that the main problems relate to:

  1. Disproportionate use of EAWs;
  2. Excessive and unjustified use of pre-trial detention; and
  3. The failure of issuing states adequately to protect human rights.

Member States have responded to these problems by adopting different approaches to implementation, while judges in executing states increasingly face the dilemma of the proper relationship between the principle of mutual recognition and a commitment to fundamental rights and other principles of EU law. After decisions to surrender are made, judges and lawyers in the executing state do not generally monitor what follows, including whether assurances (where given) are upheld, whether fundamental rights are enjoyed and whether the outcome confirms that the EAW was the right instrument to have used.

Objectives
The overall aim of this project is to use the human stories of experiences beyond surrender to document the impact of a EAW on people’s lives and to inform future legal and policy developments. Our objectives will be to:

  1. Provide a human insight into the treatment of people following their surrender under accusation EAWs;
  2. Raise the awareness of judicial actors and legal professionals of the practical relationship between the minimum standards in the Roadmap Directives, the ESO and the operation of the EAW FD;
  3. Identify and illustrate good and bad practice in post-surrender treatment to support effective implementation of the EAW FD, the Roadmap Directives and the ESO; and
  4. Inform future EU justice work to create minimum standards as a sound basis for mutual recognition.

Activities
Fair Trials and its partners will identify cases of individuals post-surrender through contact with local lawyers, bar associations and legal aid boards as well as via their own monitoring of detention centres.

20 cases in each project country will undergo post-surrender monitoring to obtain information on the: enjoyment of Roadmap rights; use of pre-trial detention or alternatives; proportionality of the EAW; and human impact of surrender.

Each Partner will produce a short report on the monitored cases, identifying patterns of good and bad practice and placing key findings in a broader domestic context. The report will set out recommendations for domestic stakeholders and valuable information for judicial stakeholders in other Member States.

Detailed documentation will be produced on 3 cases in each project country, demonstrating the human impact of surrender and placing procedural rights protections in the context of real cross-border cases. Materials will include case summaries and a short video featuring, where possible, personal testimony.

Final report

Fair Trials will produce a regional report highlighting common themes and using the human stories to support concrete reform proposals and demonstrate examples of good practice. A composite video and a booklet summary will be produced which, with the report, will be launched at a European Parliament event attended by MEPs, Commission officials and Member State representatives. Partners will also host launch events for the country reports/videos for domestic stakeholders.

Beyond surrender Romania report

Beyond surrender final report launched at European Parliament

Beyond surrender country reports: Lithuania, Poland, Spain and Romania

 

Co-funded by the Criminal Justice Programme
of the European Commission

Raport asupra vizitei în Centrul de Reținere și Arestare Preventivă nr. 4, București

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Pe data de 11 iulie 2016, doi reprezentanți APADOR-CH au vizitat Centrul de Reținere și Arestare Preventivă nr. 4 (CRAP 4) care funcționează în incinta Secției 6 Poliție cu sediul în București, str. Paul Greceanu, nr. 36, sector 2.

 

Particularități, efective, investiții

Centrul de Reținere si Arestare Preventivă nr. 4 este unul dintre cele 12 Centre de reținere și arestare preventivă care se află pe raza Capitalei. Centrul, situat la demisol, are 3 camere în care sunt cazate persoane private de libertate și o cameră dezafectată care nu poate fi folosită drept cameră de deținere deoarece este prea aproape de stradă. Cele 3 camere au următoarele suprafețe: camera 1 are 27,70 mp și sunt instalate 10 paturi; camera 2 are 14,36 mp și sunt instalate 6 paturi; camera 3 are 7,48 mp și sunt instalate 2 paturi;

La data vizitei în incinta Centrului nr. 4 se aflau 15 deținuți, toți bărbați majori, 14 erau arestați preventiv și un condamnat definitiv repartizați astfel: 7 persoane în camera 1, 6 persoane în camera 2 și 2 persoane în camera 3. Condamnatul definitiv își executa pedeapsa în arest la solicitarea Parchetului pentru a fi protejat de anumite persoane din penitenciar.

Suprafețele camerelor de deținere, așa cum ne-au fost furnizate de conducerea Centrului nu respectă standardul internațional de 4 mp / deținut. Raportat la numărul de persoane aflate în arest la data vizitei, în camera nr.1 fiecare deținut dispunea de 3,95 mp alocați, în camera 2 fiecare deținut dispunea de 2,39 mp iar în camera 3 fiecărui deținut îi revenea 3,74 mp. Fiecare cameră are alocat un spațiu situat la o înălțime de 2 trepte,  extrem de mic, impropriu, unde se află WC turcesc, deasupra acestui WC este dușul iar alături este o chiuvetă.

Conform afirmațiilor responsabilului arestului și șefului secției de poliție nr. 6 în Centrul nr. 4 au fost realizate în ultimii ani următoarele investiții: în anul 2014 a fost realizată o renovare generală când Centrul a fost închis timp de 6 luni iar deținuții au fost repartizați la alte centre, în anul 2015 au fost montate, în fiecare cameră, aparate de aer condiționat în cadrul proiectului finanțat prin Mecanismul Financiar Norvegian 2009-2014, iar în anul 2016 a fost înlocuită vechea tâmplărie a geamurilor cu tâmplărie termopan.

Aparatele de aer condiționat deși montate în anul 2015, nu au funcționat până în prezent,  deoarece rețeaua electrică a secției de poliției este subdimensionată și nu face față consumului. Până în prezent, de peste 1 an și jumătate, nu au fost alocate fonduri pentru refacerea instalației electrice la parametrii care să permită funcționarea aparatelor de aer condiționat. Funcționarea aparatelor de aer condiționat este imperios necesară, la data vizitei temperatura în camere era extrem de ridicată iar aerul era aproape irespirabil.

Personalul este format din 13 agenţi şi şeful arestului care lucrează în ture. Schema de personal este completă. Responsabilul Centrului a precizat că  toți deținuții sunt primiți în centru după ce au efectuat vizita medicală care are loc la arestul central. Tot acolo sunt duși pentru alte controale medicale de rutină, iar în cazul urgențelor este chemată salvarea.

Ca activităţi în CRAP 4 există doar posibilitatea de a ieşi la curtea de plimbare  de aproximativ 12 mp (1oră pe zi), sau a te uita la televizor, existent în fiecare cameră.  Curtea de plimbare este acoperită cu tablă ondulată pe aproape 90% din suprafață, dublată de sârmă și gratie în care cu greu poți vedea cerul, fără nicio posibilitate de a desfăşura activităţi.

Telefonul este amplasat în singura cameră destinată personalului arestului şi funcţionează cu cartele. Telefonul nu este delimitat de o cabină care să asigure confidenţialitatea convorbirilor, astfel că agentul de pază stă lângă arestat în timpul apelului. În aceeași încăpere se află un spațiu impropriu destinat percheziției corporale  în arest. Spațiul este de fapt un cuier improvizat unde se află hainele agenților acoperit de o draperie. Tot în această încăpere este și cutia poștală.  Corespondența nu se înregistrează nici primire nici la expediere.

Persoanele private de libertate au în fiecare cameră o broșură care conține documente în care sunt menţionate drepturile şi obligaţiile lor, inclusiv un extras din noul Regulament de aplicare a Legii nr. 254/2013 privind executarea pedepselor și a măsurilor privative de libertate.  Pe holul Centrului, erau afișate numele a doi judecători de supraveghere a privării de libertate care provin de la Judecătoria sectorului 2 însă nu și datele de contact ale acestora.

Camera unde au loc întâlnirile cu avocatul este o cameră improprie, plină de dulapuri metalice în care se află o masă și 2 scaune, iar agentul care asigură supravegherea vizuală stă pe hol, în afara camerei, cu ușa deschisă aceasta fiind singura posibilitate de a asigura supravegherea vizuală.

CRAP 4 este dotat cu camere de luat vederi care sunt amplasate pe hol, la intrarea în arest şi la curtea de plimbare. Conform responsabilului CRAP 4 imaginile sunt stocate doar pentru o scurtă perioadă de timp din cauza imposibilităţii tehnice.

Hrana provine de la penitenciarul Rahova și le este servită deținuților în camere. Deținuții s-au plâns de calitatea și gustul acesteia și au afirmat că  de multe ori este imposibil de mâncat.  Bucătăria este dotată  cu un cuptor cu microunde, un fierbător de apă, o plită cu butelie care pot fi folosite de arestaţi, patru frigidere, câte unul pentru fiecare cameră unde își pot păstra hrana de la aparţinători şi unul unde sunt păstrate probele din mâncare. Pentru cumpărături personalul centrului întocmeşte liste pe baza cărora se fac cumpărături, deținuții au voie să facă cumpărături o dată la 2 săptămâni, în valoare de 1800 de lei pe lună.

Regulamentului de aplicare a Legii nr. 254/2013 privind executarea pedepselor și a măsurilor privative de libertate, aprobat prin Hotărârea nr. 157 din 10 martie 2016, conferă și dreptul la vizită intimă (Articolul 249) pentru persoanele arestate preventiv. În acest CRAP nu există posibilitatea amenajării acestei camere intime din cauza lipsei de spațiu.

Reprezentanții asociaţiei au vizitat toate cele 3 camere de deținere. Spațiul utilizat în CRAP nr.4 este situat în demisolul unei clădiri vechi, care se află într-o stare improprie utilizării ca arest. Atât pe holul arestului cât și în toate camere de deținere există infiltrații pe pereți, pereți scorojiți cu tencuiala căzută, mucegai și o stare precară de igienă. Micul spațiu din fiecare cameră amenajat pe post de toaletă și duș are treptele din gresie spartă (camera nr.2), țevile ruginite și lipsit de ventilație prin urmare aburul de la apa caldă se imprimă pe pereți unde creează condens transformat în mucegai care apoi se răspândește în cameră. Din această cauză toate saltele miros a mucegai. Deținuții nu primesc din partea arestului produse de igienizare a camerelor și își cumpără din banii personali dezinfectant pentru toaletă, astfel încât mirosul din cameră să fie suportabil.

În camera nr.1 mai există 2 paturi amplasate pe 3 niveluri, deținuții plângându-se că este imposibil să poți avea acces și să poți sta în ultimul pat de sus. Asociația recomandă demontarea celui de al treilea rând de paturi.

Concluzii și recomandări

 

– Asociaţia recomandă cu prioritate refacerea de urgență a instalației electrice astfel încât să poată fi pusă in funcțiune instalația de aer condiționat, deoarece în camere căldura e insuportabilă iar aerul irespirabil;

– Este necesară igienizarea întregului spațiu şi eliminarea igrasiei și a infiltrațiilor de pe pereţi;

– APADOR-CH recomandă amenajarea corespunzătoare a curţii de plimbare.

 

Nicoleta Popescu                                                                               

Cristinel Buzatu

 

CPT, după vizita în România: Condițiile din aresturile poliției rămân mediocre

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Comitetul Consiliului Europei pentru Prevenirea Torturii și a tratamentelor inumane sau degradante (CPT) a publicat astăzi raportul asupra vizitei sale în România (din 5-17 iunie 2014). Delegația CPT a vizitat nouă aresturi, patru penitenciare și Spitalul Penitenciarului Rahova – pentru discuții cu arestații preventiv și deținuți – și a avut discuții cu personalul unor spitale de psihiatrie (Săpoca Iași și Centrul neuropsihiatric nr. 2 din București). Membrii CPT s-au întâlnit la București și cu reprezentanții APADOR-CH.

În raport sunt menționate evoluțiile pozitive constatate față de vizita precedentă a CPT (din 2010), ca exemplu de bune practici fiind dat medicul care se ocupă de aresturile din București și raportează ce constată după examinarea arestaților, consemnând inclusiv declarațiile acestora, chiar dacă nu există semne vizibile de violență pe corpurile lor. Totuși, CPT remarcă faptul că în ultimii cinci ani condițiile de detenție din aresturile poliției – care dețin arestații timp de câteva luni – “rămân mediocre, în special în ceea ce privește supraaglomerarea, stare proastă, insalubritate și accesul insuficient la lumină naturală și ventilație.”

În penitenciare, delegația a observat o teamă vizibilă a deținuților de a vorbi cu membrii CPT. Totuși, aceștia au primit numeroase informații despre rele tratamente (în special loviri aplicate deținuților de către mascații din grupurile de intervenții). În raport se spune că agresiunile au existat mai ales la deținuții de la regimul de maxima securitate sau închis, din închisorile Arad și Oradea. Delegația a avut acces și la dovezi medicale ale acestor agresiuni.

CPT se declară de acord cu existența grupelor de intervenție, dar menționează în raport că nu ar trebui ca ele să fie folosite ca substitut pentru lipsa cronică de personal de supraveghere. În plus, intervențiile acestor “mascați” ar trebui să fie mai bine reglementate, pentru prevenirea abuzurilor.

Și în penitenciare, CPT a constatat un grad mare de supraaglomerare, cu maximum 2m² de spațiu de persoană (în penitenciarul de femei Târgșor de exemplu), supraaglomerare agravată și de faptul că deținuții petrec în camere între 20 și 22 de ore pe zi. Raportul CPT recomandă creșterea numărului de penitenciare, a personalului medical alocat și implicarea deținuților în activități socio-educative și muncă, la regimurile de maximă securitate și închis

Raportul CPT face referire și la cazul Gabriel Dumitrache, mort în secția 10 de Poliție București, cerând autorităților române să informeze Comitetul despre mersul acțiunii în justiție împotriva polițistului acuzat că l-a omorât pe Dumitrache. CPT cere totodată autorităților să ia și măsuri disciplinare administrative la adresa polițiștilor, indiferent de mersul anchetei penale.

În același raport CPT a mai făcut recomandări cu privire la procedurile derulate în cazul examenelor medicale aplicate deținuților – să se facă cu respectarea confidențialității (nu în prezența unui polițist), dosarul medical să conțină un formular special pentru traume și să fie eliminată declarația pe care arestatul este obligat să o semneze, prin care îl exonerează pe polițist de răspunderea pentru un abuz.

APADOR-CH constată că raportul CPT conține fapte și situații semnalate de ani de zile de asociație, despre supraaglomerare și proastele condiții din aresturi. Din păcate, pe plan intern aceste probleme se discută public foarte rar, doar atunci când România mai primește o condamnare la CEDO pentru condițiile de detenție sau când o celebritate arestată se plânge de modul în care a fost tratată în timpul arestului. Drepturile civile sunt un subiect ignorat atât de autorități, cât și de simpli cetățeni, care au scuza că nu și le cunosc – conform studiului sociologic lansat recent de APADOR-CH.

Raportul complet CPT poate fi citit aici.

 

Report on the follow up visit at the Center for Pre-Trial Arrest and Detention no. 12

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On August 12, 2014, two representatives of APADOR-CH visited the Center for Pre-Trial Arrest and Detention (CPAD) no. 12, located in the Bucureşti Regional Railway Police Section. It was a follow up visit, after the one made on September 11, 2012, as part of the EU-funded project Children Deprived of Liberty in Central and Eastern Europe.

The general situation, as compared to the previous visit

The situation was different from the one encountered during the previous visit in that the facility could now accommodate only 15 detainees, male minors or young men, in its 5 rooms. A set of bunks had been removed from each room, so that there were now only 3 beds on about 12 sq. m of space (including the lavatory) – amounting to 4 sq. meters per detainee. All 15 beds were occupied at the time of the visit (12 minors and 3 young detainees). The chief of the facility said that detainees were never accepted beyond that capacity and if more than 15 minors were under arrest in Bucureşti and Ilfov, they were taken to CPAD 1 in Bucureşti, where they had a special room organized for them. Minors stayed at the facility for an average of 1-3 months.

The staff included 11 agents and the chief of the facility, who worked in shifts. The chief said there were 4 shifts, with 3 agents on each, except one, which only had two agents. He also mentioned that the two-agent shift posed no problem.

The chief of the facility said that minors and young detainees were only taken in after a medical exam at the central arrest unit. Detainees were also taken there for routine medical checkups, but in case of emergency an ambulance was called.

In some cases, it was difficult to obtain IDs for minors because their legal guardians could not be identified. In such cases, CPAD 12 co-operated with the General Direction of the Child Protection Agency, in charge with social investigations that could identify a parent or relative and assist in the release of ID papers.

As during the previous visit, detainees had no activities other than spending 1-2 hours per day in the exercise yard, watching TV or reading one of the few books available for borrowing in the hall of the facility. The exercise yard was unchanged (it had been whitewashed), and still uncovered, so that no activities could take place there in rain or snow. While at the center, the detainees were unable to go on with their studies.

Every month, each detainee was entitled to a bar of soap, a razor and a roll of toilet paper. There was no budget for buying envelopes and stamps, in order to guarantee the right to correspondence/petitioning, but the chief of the facility said that the staff provided the items themselves when a minor could not afford them. The payphone was located on the corridor and required special cards. There was no phone booth to ensure the confidentiality of the conversations and the agent stood right beside the detainees who used the phone. The Association asks for this problem to be remedied by the installation of a proper phone booth. In the meanwhile, the confidentiality can still be maintained by having the agents keep a reasonable distance from the detainees, so they cannot overhear what is being said.

The alert system had been repaired, which was an improvement. The bells were now functional, allowing detainees to inform their supervisors if they had any problem. According to the chief of the facility, detainees were no longer handcuffed by default whenever they were taken out of the facility – rather, each case was analyzed on its own merits. Detainees later confirmed that they were not handcuffed when taken outside the facility.

Upon their arrival, detainees were handed a file containing a set of documents regarding the rights and obligations of persons deprived of freedom. The representatives of the Association were able to see such a file. If a detainee was unable to read, he was informed of the contents of the file by members of the staff.

A negative aspect was that the room used for visits and meetings with the attorneys had no see-through door, so the agents had to stay inside during these meetings. The confidentiality of legal conversations was therefore not observed.

The representatives of the Association noted that the registries for in-coming and out-going mail were no longer in use.

Security cameras were still installed on the corridors, at the entrance and in the exercise yard, but the footage was not archived, for technical reasons, as the chief of the facility explained. The cameras were only used to monitor what was happening in real time.

Food was brought in from Rahova Penitentiary and detainee helped themselves from the kitchen and had their meals in the rooms. The kitchen had a microwave oven at the disposal of detainees, two fridges where they could keep the food they received, and one fridge for food samples. The staff made lists of things detainees needed to buy and did the shopping for them. According to the chief of the facility, such requests were rare, because in general the minors and young detainees did not have any money.

Clothes and bedding could be washed in house, in the washing machine, as often as needed.

The representatives of the Association visited room no. 5, occupied by three minors. The windows were still covered in double wire nets, both inside and outside, so that natural light was insufficient and the electric light was on at all times. The minors confirmed that they had been seen by a doctor prior to being detained, that they had been seen by a psychologist, that they received the file with documents listing their rights and obligations and that they went out to the exercise yard every day. The room had no TV set (apparently, it had been broken by the minors), but did have an improvised radio set. None of the occupants of the room had ID papers, so they waited for their documents to be released. The minors said that hot running water was available around the clock, but the lavatory was unclean and, since it was separated from the room merely by a curtain, the urine stench filled the room.

Room no.  1 accommodated the three young men held at the facility. They confirmed that their meetings with family and attorneys took place in the presence of an agent. Their room had a TV set, provided by the facility. The lavatory here was also unclean and the walls were damp, although they had been recently whitewashed, like the rest of the facility.

Conclusions and recommendations:

 

–          The Association recommends, as a priority, that a see-through door should be installed in the visitation room, in order to ensure the confidentiality of meetings.

–          The lavatories in the rooms need to be sanitized and dampness needs to be removed from the walls, where it occurs.

–          APADOR-CH recommends that the exercise yards should be properly equipped.

Adelina Boboşatu                                                                              Nicoleta Popescu

Iulia Motoc, judecător CEDO: Condițiile de detenție din România și arestările nemotivate domină cauzele la CEDO

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Iulia Motoc, judecător la Curtea Europeană a Drepturilor Omului din partea României, a declarat recent la Parlament, cu ocazia aniversării a 20 de ani de la ratificarea Convenției europene a drepturilor omului și înființarea CEDO ca instanță europeană permanentă, că în jurisprudența Curții de la Strasbourg, printre cauzele deschise împotriva României, domină cele referitoare la dreptul la libertate și la condițiile de detenție – semn că în continuare țările Europei de Est sunt tributare modelului de gândire totalitară în care au funcționat câteva decenii.

Raport asupra vizitei în Centrul de reținere și arestare preventivă din subordinea Inspectoratului de Poliție al Județului Prahova

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La data de 4 aprilie 2014, reprezentanți ai APADOR-CH și RHRN au vizitat Centrul de reținere și arestare preventivă (CRAP) din județul Prahova.

Aspecte generale

Centrul funcționează la demisolul poliției municipiului Câmpina, fiind singurul de acest fel din județul Prahova (din decembrie 2005). Toți arestații sunt plimbați între Câmpina și Ploiești pentru cercetări, vizite medicale etc. (conform afirmației șefului de arest, cheltuielile pe nouă ani de transport ar fi putut contribui la construirea unui nou centru în Ploiești. De altfel, IPJ Prahova are în proiect construirea unui asemenea centru pe terenul unei foste unități militare).

Perioada de şedere în arest este în medie de o lună – o lună și jumătate (maximum legal este de 180 de zile). Cu o capacitate de 34 de locuri, la momentul vizitei erau găzduite 20 de persoane (18 arestați preventiv și doi condamnați definitiv, toți bărbați) în șase camere (cinci dintre ele cu șase paturi și una cu patru paturi) separat pentru fumători și nefumători. Suprafața fiecărei camere este de aproximativ 18-20 m. APADOR-CH semnalează faptul că suprafața per deținut este sub standardul de 4 mp deci camerele ar fi supraglomerate dacă toate paturile sunt ocupate. (Ar reveni cam 3,5 mp per deţinut.) De precizat că, în aresturile poliţiei, norma de cazare este tot cea veche de 6 mc per deţinut, cu toate că CPT a insistat, în raportul său după vizita din 2010, să se adopte norma de 4 mp.

Efective, spații de deținere, igienă, hrană

Personalul centrului este compus din 28 de agenți (un șef de arest, patru șefi de schimb, trei conducători auto, 20 de agenți de pază).

La depunerea în arest, pentru îndeplinirea procedurii de depunerere, persoanei arestate i se efectuează un examen medical la spitalul din Ploiești. a În situația în care persoana este reținută noaptea, aceasta este dusă întâi pentru un consult medical la spitalul civil de urgențe și apoi adusă în arest.

Există o cameră mică, curată, în care funcționează frizeria, dar arestații s-au plâns că nu se pot tunde, cererile în aceste sens fiind respinse, printre altele ,pentru că mașina de tuns este stricată. De asemenea arestații nu ai voie să dețină o mașină de tuns în camera. .

În fiecare cameră există un WC turcesc al cărui orificiu este acoperit cu un recipient din plastic umplut cu apă pentru a împiedica mirosul să se răspândească în cameră și pentru a preveni intrarea șobolanilor în camere. Salubrizarea grupurilor sanitare trebuie făcută de urgență.

Paravanul care separă grupul sanitar de restul camerei este o pânză prinsă în cuie de către cei din camere. Nu există mobilier în cameră – rafturi sau dulapuri, lucrurile fiind ținute pe jos în pungi (sub pat).

Arestații își cumpără din bani proprii materiale pentru curățenie și asigură igiena în cameră. Unul dintre arestați afirma că nu a primit hârtie igienică sau săpun de când a fost arestat (36 de zile), ci doar lenjeria de pat pe care nu o folosea din cauza mirosului. Saltelele au un grad de uzură vizibil, sunt subțiri și au căptușeala ruptă. Cele două asociaţii consideră că se impune asigurarea unui cazarmament nou.

Arestații pot face duș de două ori pe săptămână. Sala de dușuri are robinete vechi şi emană un miros neplăcut. Arestații își spală singuri hainele la duș pentru că nu au acces la maşina de spălat a centrului care se foloseşte doar pentru curăţarea lenjeriei de pat. În camere nu există televizoare. De altfel, ar fi imposibil să funcționeze din cauza lipsei prizelor ceea ce face ca arestații să folosească doar aparate pe baterii. În schimb există:

–        bec aprins permanent (obișnuința cu lumina produsă de acesta provoacă o senzație de amețeală în contactul cu lumina naturală); APADOR-CH şi RHRN atrag atenţia că în locuri de deţinere este obligatoriu să se asigure pătrunderea luminii naturale. Iluminatul artificial permanent poate dăuna vederii iar poliţia este direct răspunzătoare de starea de sănătate a persoanelor aflate în custodia sa; Pentru aceste motive considerăm că se impune stingerea luminii pe timpul nopții și asigurarea unui iluminat decent pe timpul zile;

–        cameră video cu funcționare permanentă în proximitatea becului. Conform declarațiilor angajaților din Centrul de reținere, camerele video sunt utile „pentru protecția arestaților”. Ele au fost montate după ce în 2001 „un arestat a murit în urma agresiunilor unui coleg de cameră”; APADOR-CH şi RHRN consideră prezenţa camerelor video drept o imixtiune inacceptabilă în intimitatea persoanelor private de libertate şi cer eliminarea acestor echipamente;

–        difuzor cu funcționare între orele 6 și 22 (arestații nu pot schimba postul sau da mai încet, fiind obligați să asculte în acest interval orar un post de radio ales de către angajați). Este necesară montarea în fiecare cameră a unui întrerupător pentru difuzor la care să aibă acces arestaţii.

–   geamuri deschise permanent – nu se ştie dacă și noaptea (sub ușa uneia dintre camere erau puse ziare pentru a împiedica curenții de aer);

–   gratii la geamuri cu ochiuri foarte dese, astfel încât lumina naturală este practic inexistentă, arestul fiind plasat la demisol.

O practică generalizată în centrele de reținere și arestare preventivă este ca angajații să facă cumpărături pentru persoanele private de libertate, dar această cutumă nu se aplică și la Câmpina, unde reprezentanții au găsit o metodă care nu naște suspiciuni și nu creează o dependență a persoanei private de libertate de un angajat de la arest.

Cumpărăturile sunt făcute de o firmă care le transportă la sediu, după ce angajații Centrului strâng listele de la arestați cu solicitările acestora. La data vizitei erau mai multe pungi cu produse aduse de firma respectivă și care avea fiecare un bon fiscal al produselor alături de lista solicitantului.

Cele două asociaţii apreciază soluția găsită de angajații arestului și consideră că ideea poate fi preluată ca bună practică și în alte centre de deținere. Limita de bani ce poate fi folosită la cumpărături este de 400 de RON pe lună.

Mâncarea este adusă de la școala de poliție din Câmpina (în ziua vizitei, prânzul încă nu venise la 14.30, oră destul de târzie pentru servirea mesei ). Arestații spuneau că mâncarea de la prânz este bună. În bucătărie există trei frigidere și o mașină de spălat, dar arestații nu au acces decât la frigidere.

2. Asistența medicală

Există un punct medical (înființat în martie 2014) unde este prezent un asistent medical între orele 8.00 şi 16.00. Medicul vine doar dacă există cereri de consult. Punctul medical  nu este dotat cu pansamente sau alte medicamente de strictă necesitate în caz de urgență. Practic, în afară de eventuale consultări, aici doar se distribuie medicamente pentru tratamentul curent prescris de un medic specialist.

Arestații se plâng de calitatea asistenței medicale (sunt consultați din privire; la vizitele trecute în registru se menționează în multe cazuri „educație medicală”, aceasta însemnând că li se dau explicații arestaților despre medicația pe care o iau).

Un tânăr, A.M., închis pentru trafic de droguri (pe baza art. 16 din Legea nr. 143/2000) ia zilnic „medicamente ușoare de liniștire” (trei, printre care alprazolam și zolpidem, conform asistentului medical). Acesta nu știa că are posibilitatea de a beneficia de consiliere psihologică.

Același tânăr a declarat că a fost dus la spital pentru un control de specialiate la o săptămână după ce a făcut cerere și a primit medicamentele la două zile după vizita la medicul specialist psihiatru care i-a prescris tratamentul adecvat. Cele două asociaţii consideră că întârzierea de aproape 10 zile în a administra un tratament de specialitate unei persoane aflate într-o stare care necesită medicaţie psihiatrică este de neacceptat având în vedere consecinţele medicale ce pot apărea la pacientul arestat.

3. Activități

În incinta arestului este amenajată o „camera de socializare” care conține o masă și două scaune. Această cameră este folosită ca spațiu de depozitare pentru dosare și nu pentru activitățile arestaților.

Există două mini-curți de plimbare cu acoperiș de plexiglas (una de aproximativ 4 m2, cealaltă de 2-3 m2). Durata ieşirii la aer variază între 30 şi 60 de minute zilnic.

4. Corespondență și vizite

Telefonul este separat de biroul supraveghetorului de un paravan de sticlă. Arestaţii au dreptul la 10 minute de convorbiri telefonice pe săptămână. Nu mai există cartele Romtelecom pe piață , prin urmare telefonul este practic imposibil de utilizat ceea ce înseamnă o reducere substanţială a dreptului de a comunica cu exteriorul atâta timp cât arestaţii nu pot achiziţiona în prezent cartele telefonice. Supraveghetorul stă în imediata apropiere (la 1 m) chiar și în timpul discuțiilor dintre arestați și avocați, astfel că nu se respectă dreptul la confidențialitatea convorbirilor, fie cu familia, fie cu avocatul.

Sunt asigurate din oficiu plicuri pentru corespondență pentru cei care nu au posibilități financiare.

Regulamentul intern prevede înregistrarea scrisorilor într-un registru (cu data primirii/trimiterii, destinatar, expeditor).

Asociaţiile consideră că dreptul la corespondenţă al arestaţilor este îngrădit atâta timp cât sunt înregistate scrisorile trimise.

Camera de vizite (de aproximativ 10 m2) este dotată cu două mese și câteva scaune – nu există geam ori altă modalitate de separare, astfel că vizitele se fac cu supraveghetorul alături (30 de minute pe săptămână).

În mod evident, se încalcă principiul confidenţialităţii. APADOR-CH şi RHRN cer CRAP Câmpina să pună la dispoziţia arestaţilor şi vizitatorilor un spaţiu amenajat corespunzător cu precizarea expresă că supravegherea trebuie să fie exclusiv vizuală (supraveghetorii trebuie să stea la o distanţă de la care să vadă dar nu să şi audă ce se discută).

Arestatul nu este de față la primirea pachetului, care are loc într-o altă încăpere. Angajatul îi aduce pachetul arestatului după desfacere şi control. Pentru evitarea unor posibile suspiciuni, APADOR-CH şi RHRN cer CRAP Câmpina ca desfacerea şi controlul pachetului să aibă loc în prezenţa arestatului şi vizitatorului care l-a adus, aşa cum se procedează în sistemul penitenciar.

5. Discuții cu deținuții

Au fost vizitate camerele 1 și 4. Aici erau afișate la intrare informații despre regulile arestului și despre Legea nr.275/2006 (abrogată). Arestații s-au plâns că semnăturile la intrarea în arest sunt puse în grabă, fără a fi citit ceea ce semnează: în principal, o lege abrogată ( Legea nr.275/2006) și aproximativ cinci foi cu drepturi pe care nu și le cunosc. Angajații au precizat că nu au modificat mapa cu noua lege a executării pedepselor fiindcă așteaptă apariția regulamentului; până atunci, arestații semnează că au luat la cunoștință de o lege abrogată.

Concluzii:

1. APADOR-CH şi RHRN cer eliminarea aparaturii de supraveghere video din camerele de deținere. Prezența lor înseamnă o încălcare vădită a dreptului la viață privată, drept ce trebuie respectat chiar și în cazul privării de libertate.

2. Asociațiile solicită măsuri concrete pentru asigurarea dreptului la confidențialitatea discuţilor dintre arestaţi şi avocaţi, corespondenței scrise și a apelurilor telefonice.Se impune, de urgenţă, reamenajarea camerei de vizită astfel încît să fie posibilă supravegherea vizuală

3. Schimbarea afișelor cu legislația aflate în interiorul camerelor și modificarea procesului verbal de înștiințare la introducerea în arest. Asigurarea unui timp suficient ca persoanele private de libertate să ia la cunoștință de drepturile lor.

Dragoş Roşca                                                                                    Nicoleta Popescu

RHRN                                                                                               APADOR-CH

Raspuns IJP Prahova

APADOR-CH
Str. Nicolae Tonitza 8A
Sector 3 – Bucuresti
030113 Romania

Telefon: (40) 0733.078.720
e-mail: office@apador.org

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