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Romania

Capital city — Bucharest

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Country-profile
Contributor(s)APADOR-CH / independents experts

Latest updates

Total official capacity of the prison facilities

18,238

This number is calculated on the basis of a minimum surface area of 4 m² per prisoner.

i
26/05/2020
/ World Prison Brief, ICPR

  • On Friday 9 September, the Aiud prison facility launched an invitation to tender for the modernisation of one of its buildings. It needs to be expanded and fitted out according to current standards. These renovations are intended to improve prison conditions. Two detention sections, holding 120 prisoners over an area of 920.93 m², should hold 79 prisoners over an area of 1,555.7 m² following the renovations. This additional space would help accommodate people with musculoskeletal disabilities, improve food service, enable counselling and allow prisoners to participate in artistic or commercial indoor activities.

    i
    2022
    / Alba24

  • A new semi-open prison facility will be built in Oradea. In 2009, the Oradea prison received the distinction of “the best prison in the country” for its exceptional results in terms of professional work.

    i
    14/11/2022
    / Evz

  • The head of the prison service (ANP) declared that the country’s prisons were facing a shortage of spaces. He announced that 448 new spaces would become available in 2022. The administration plans to create 1,075 spaces in 2023. Two new prison facilities will open in 2024 and 2025.

    i
    24/09/2022
    / National Penitentiary Administration (ANP)

Budget of the prison service

335380000

USD - 1,431,920,000 lei

i
2019
/ Prison Service, “Annual activity report 2019”, p. 56 (in Romanian)

  • The authorities budget a daily average of 38.14 lei (7.70 euros) for each prisoner.

    i
    14/09/2022
    / Alba24

Prisoners are allowed to receive visits from their children or minor relatives

yes

Visitors under 14 years old must be accompanied by an adult.

  • The Târgșor women’s prison has modernised its visiting areas. The walls have been painted and repaired, and the furniture has been replaced. The area for visits between mothers and children has been furnished, and toys have been purchased.

    i
    16/11/2022
    / Evz

The law establishes a minimum standard for living space per prisoner

yes

The minimum living space for each prisoner in shared cells is 4 m², and 6 m² for individual cells. This rule was put into place mainly for areas dedicated to individuals condemned to closed regimes. The prison service recognises that it has not been able to follow this rule due to overpopulation in facilities. In 2018, while visiting the Bacau prison quarters, the European Committee for the Prevention of Torture (CPT) calculated 1.5–2 m² of living space per prisoner in shared cells.[^cptt]
In 2018, the Association for the Defence of Human Rights in Romania – the Helsinki Committee (APADOR-CH) visited Miercurea Ciuc prison. In closed regimes, it saw an average space of 2.62 m² per prisoner. Some cells had 1.65 m² per person.1
[^cptt]: European Committee for the Prevention of Torture (CPT), “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, p. 59.

  1. APADOR-CH, “Report on the Miercurea Ciuc prison visit”, 8 July 2019. ↩

  • The country’s prisons are overpopulated. In most facilities, prisoners only have 2 m2 of dedicated space.

    i
    18/11/2022
    / Evz

The CPT noted the absence of a global programme aimed at reducing risk for prisoners, which would ensure that condoms or syringes are readily available to prisoners1.

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, p. 67. ↩

  • Organisations visit facilities to distribute condoms and lubricants as well as brochures about AIDS.

    i
    18/11/2022
    / Evz

No national strategy provides for substitution treatment in prison or the implementation of risk reduction programmes. Authorities deny the presence of drugs in prisons.1
APADOR-CH observed during its visit to Giurgiu prison in 2019 that ten people were completing methadone-based substitution treatment.2
The law provides that inmates imprisoned for crimes relating to drugs or alcohol should be obliged to undergo treatment.3

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, p. 72. ↩

  2. APADOR-CH, “Report of the visit to Giurgiu prison”, 27 March 2019. ↩

  3. Article 109, Penal code. ↩

  • Organisations visit facilities to help combat substance use disorders, offering prisoners an opportunity to receive methadone treatment.

    i
    18/11/2022
    / Evz

Prisoners likely to transmit a contagious disease are placed in quarantine in a cell managed by medical personnel.

  • Romanian prison facilities are considered infection sites for HIV and tuberculosis. Prisoners who share needles to inject themselves with prohibited substances increase their risk of infection. Romania is one of the EU countries with the highest rates of tuberculosis infections.

    i
    18/11/2022
    / Evz

  • The Romanian authorities informed the CPT of a number of measures to combat the spread of SARS-Cov-2. Anyone entering an establishment would have their temperature systematically checked. Both arriving and transferred prisoners would be tested. Protective equipment was distributed to prisoners. Arrivals would be placed in quarantine for three weeks in dedicated premises. Compensatory measures were being taken to make up for the temporary suspension of visits. As of 6 June 2021, more than 33% of the prison population, or 7,500 people, and about 30% of prison staff were fully vaccinated, and as of 27 September 2021, this figure has rose to 15,809 prisoners (68% of prisoners in Romania). Five prisons were reserved for Covid-19 positive prisoners, who would systematically be transferred there.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

  • The prison vaccination rate against Covid-19 reached 77% on 7th January (17,763 prisoners out of 22,993). Nearly 100 prisoners were under medical supervision having tested positive, compared to 450 in January 2021. The newest health measures plan included the mandatory use of personal protective equipment for all staff, distancing protocols, streamlining infection response procedures, taking into account immunization levels and procedures for early release to reduce the number of prisoners.

    i
    07/01/2022
    / Ziare

Number of complaints filed by prisoners against the prison service

518

i
2019
/ People's Advocate, "Annual activity report 2019", p. 24.

In 2019, the People’s Advocate received 518 letters of complaint from penitentiary facilities. The complaints mainly concerned confinement conditions, food, violence in prison, as well as the use of video surveillance.

  • A former prisoner at the Gherla prison facility criticised the poor food and unhealthy living conditions, including the presence of bedbugs. He announced that he plans to file a complaint with the European Court of Human Rights (ECtHR). Management has responded to his accusations. Insect and rat extermination operations will be carried out every three months, with follow-ups every 10-14 days.

    i
    13/10/2022
    / Gherlainfo

Part of the prisoner's food is produced by the prison

in some facilities

Both Târgu Jiu and Miercurea Ciuc prisons have a vegetable garden and sometimes livestock that they can use to stock up on dairy products. Târgu Jiu facility has more than 18 hectares of farming land.
Jilava prison has its own garden. It covers several hectares and enables self-sufficiency in vegetable consumption.

  • The prison service launched an invitation to tender for the construction of a modern cattle farm, for an amount of 1.2 million euros. The aim of this project is to provide a business activity for prisoners: People deprived of their liberty could work as cattle farmers. The milk and meat produced would be delivered to the prison commissary. The winner of the invitation to tender will have two years to build the farm.

    i
    12/09/2022
    / Gandul

Beddings are refreshed

yes

These are frequently in bad condition.

  • Several prisoners have confirmed the presence of bedbugs in their bedding. The head of the prison service responded that prisoners are responsible for keeping the facilities in good condition.

    i
    24/09/2022
    / National Penitentiary Administration (ANP)

Overcrowding is an issue for specific types of prison facilities

yes

Prison overcrowding is concentrated mainly in prisons with closed confinement regimes and in some remand centres 1.

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, p. 34. ↩

  • The head of the prison service (ANP) declared that overpopulation rates in small facilities are higher than in larger ones. He described some prisons in which overcrowding had reached 140 to 150%.

    i
    24/09/2022
    / National Penitentiary Administration (ANP)

  • Occupancy rates varied between 130% and 160% in many prisons. Prisoners would have less than 4m² per person. In section E2 of Slobozia prison, occupation was at 156.81%. In Mărgineni, 30 beds were placed in a room that had capacity for only 12. The room had just one toilet and prisoners were allocated one and a half hours to shower (16:00-17:30) from Monday to Saturday. Prisoners also criticised the dirt and humidity of the room, as well as the presence of cockroaches and bedbugs. Documents provided by the prison administration showed that the last disinfestation of insects was carried out on 24 March 2021. Prisoners did not have storage space for their personal belongings.

    i
    2022
    / People's Advocate institution, 2021 Activity report

The use of cell phones is authorised

no

Only prisoners under open regimes or with a professional duty outside the prison can have mobile phones. The phones must not have internet access.

  • In September 2022, the National Penitentiary Administration (ANP) stated that sound-blocking equipment would be installed in the prisons where remote communication devices had been identified and reported.

    i
    24/09/2022
    / National Penitentiary Administration (ANP)

Many prisoners suffer from mental disorders that require medical attention. They are most often placed together with the other prisoners. They do not all receive psychiatric care.
The CPT observed that in Iaşi prison, prisoners are given excessive medication. In 2018, at least 21% of this prison’s population regularly consumed at least one psychoactive drug. The CPT reports the case of an apathetic prisoner, apparently sedated and unresponsive to external stimuli. He was not taking the right medications.1

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, pp. 71. ↩

  • The CPT’s delegation met many prisoners suffering from mental illness or personality disorder who did not receive appropriate care.

    The number of specialised caregivers was insufficient. At Mărgineni Prison, 109 people received psychotropic treatment, but no psychiatrist visited the facility. In Giurgiu Prison, 398 people received psychotropic treatment; a psychiatrist was only present one day a week.

    Most people with mental illnesses were held in large collective dormitories. Conflicts with other prisoners were difficult to avoid. As a result, they were regularly moved from one dormitory to another, which further affected their mental health.

    The prison administration decided to create four units dedicated to the placement of prisoners suffering from severe mental illnesses. A ward for each category of regime was created in the prisons of Iași (open regime), Craiova (closed regime), Gherla (maximum security) and Bucharest-Jilava (semi-open regime). The CPT’s delegation noted the lack of a dedicated unit in Craiova. The 98 people identified as suffering from severe long-term mental illnesses were placed in cells with others in the closed-regime units.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

The cost of phone calls is in line with market prices

yes

Prisoners must load prepaid cards for phone calls.
Prisoners in Târgu Jiu prison complain about the telephone call rate of 0.53 lei per minute. The rate is higher than that of other prisons.1

  1. APADOR-CH, “Report on the Visit to Târgu Jiu prison“, April 2019. ↩

  • Those on a low-income in prison were able to make regular free phone calls. This provision was in line with a 2018 CPT recommendation.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

The phones are located

  • in the cells
  • in the yard
  • in the corridors

Phone locations depend on the prison facility.
Telephones are placed in cells in Galati, Giurgiu and Craiova prisons.1
In Miercurea Ciuc, phones are placed in the yard.2 In Târgu Jiu, they are placed in the corridors.3
Phones placed in the corridors can be used by prisoners until 6:30 p.m., while the ones in cells can be used until 9 p.m. Corridors and cells do not allow for privacy during phone calls.

  1. APADOR-CH, “Report on the Visit to Craiova prison”, 1 July 2019. ↩

  2. APADOR-CH, “Report on the Visit to Miercurea Ciuc prison”, 8 July 2019. ↩

  3. APADOR-CH, “Report on the Visit to Târgu Jiu prison”, 24 June 2019. ↩

  • Almost all the cells visited by the CPT were equipped with a telephone. Prisoners could use it whenever they wish, up to a maximum of 10 calls and one hour per day. The telephone booths were located in the corridors and in the walking yards. According to the CPT, these provisions might offer more privacy than calls made in cells.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

All prisoners have the right to receive visits

yes

Prisoners with disciplinary sanctions can be deprived of receiving visitors for a maximum period of two months.

  • Visits were interrupted during the Covid-19 pandemic. The four establishments visited took compensatory measures to reorganise the visiting premises and equip them with additional computers in order to offer remote visits. In addition to visits, prisoners were entitled to one hour per week of video calls with their relatives. Convicts were also entitled to a three-hour conjugal visit every three months. Prisoners who had been granted a conjugal visit would be placed in quarantine for seven days.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

  • Adult defendants were entitled to four visits per month and minors to six visits per month, each lasting 30 minutes. All visits with a family member would be made across a window using a telephone. The CPT considered that persons in detention must have visiting rights of at least one hour each week.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

Medication is administered by medical personnel. They must be present when prisoners consume medications.
The CPT observed during its visit to Bacău in 2018 that prisoners do not receive medical instructions. Prisoners do not know how often to take medications nor the dose prescribed. Medications meant to be injected (subcutaneously) are given to prisoners to be swallowed in cases of extreme pain. The CPT described this practices as ‘dangerous’. It noted that vials given to prisoners remain in cells and encourage a black market.1

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, p. 66. ↩

  • Prisoners suffering from opioid dependence would be referred to a prison hospital for assessment and treatment, in accordance with the national programme. However, medical staff in those prisons visited were not qualified to initiate opioid agonist therapy (OAT), even in the event of a withdrawal emergency.

    The CPT noted the total absence of preventative medical measures. Condoms were made available exclusively to prisoners receiving intimate visits.

    In Romania, prisoners who had been married or in a relationship for a long time had the right to conjugal visits for two hours every three months. Cosmin Bumbut photographed the empty intimate cells.

    Discover his portfolio.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

  • The working hours of medical staff in detention and pre-trial detention centres would not guarantee that medicine distribution could always be carried out by themselves or in their presence. The permanence of medical assistance was not ensured.

    i
    2022
    / People's Advocate institution, 2021 Activity report

Medical examinations are carried out on a confidential basis

no

Prison guards are present during consultations.

  • The confidentiality of medical examinations was not guaranteed. Medical examinations, in particular those concerning traumatic injuries, were carried out in the presence of prison staff. General trust in the health service was poor, according to the CPT.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

  • Medical cells in remand centers were not isolated. They were separated from the rest of the room only by a curtain, thus not fully guaranteeing the privacy of prisoners.

    i
    2022
    / People's Advocate institution, 2021 Activity report

A medical examination is performed upon admission

yes

New inmates are examined within 72 hours of their incarceration.1 Medical tests carried out depend on the prison facility.

  1. Article 106, Prison Regulations (in Romanian). ↩

  • All arrivals must be examined by a nurse upon arrival and then reviewed by a doctor within 72 hours. Due to the lack of medical staff in the prisons visited, the second medical examination was sometimes delayed by several days or even weeks. The CPT’s delegation notes, as in 2018, that there was still no specific screening for women upon entry into prison.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

Every prison facility must ensure it offers first aid to prisoners, and this must take place in an infirmary.
Emergencies are first attended to on-site before being referred to the nearest health centre. Most of the infirmaries do not have emergency equipment (defibrillator, oxygen, etc.).
Medical care is provided by a team of at least one doctor and two nurses.1 Specialists (dentists, psychiatrists, etc.) sometimes work on a full-time or part-time basis.
The CPT noted with regret the lack of sufficient personnel in most of the facilities during its visit in 2018. It stated that no dental care had been provided in Bacău prison since 2013. In this same prison, medical consultations had been drastically reduced to a mere 90 seconds per prisoner on average, due to lack of personnel.
At Iaşi prison, consultations with a medical doctor only take place on certain days. The number of daily consultations is therefore substantial, between 70 and 100. The CPT observed the absence of a secretary to manage medical consultations and appointments. The general practitioners are therefore charged with a heavy administrative load.2
During its visit in 2019, APADOR-CH observed there had been no head doctor at Miercurea Ciuc prison since 2014.3

  1. Prison Service, “Annual activity report 2019”, p. 33 (in Romanian). ↩

  2. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, pp. 65–67. ↩

  3. APADOR-CH, “Report on the Visit to Miercurea Ciuc prison”, 8 July 2019. ↩

  • The CPT’s delegation noted again in 2021 that prison health services were poorly equipped. None of them hade basic emergency medical equipment: defibrillator, nebuliser, electrocardiograph…

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

  • None of the establishments visited by the CPT had an operational dental service, with the exception of Galaţi Prison. At Mărgineni prison, the management stated that an agreement had been reached with a local dentist for one day of consultations every two weeks. Prisoners complained, in all the institutions visited, that they were not able to benefit from any dental care, including urgent care. The supply of dental care seemed to have deteriorated further since the 2018 visit. Many prisoners would show poor oral hygiene, cavities and gum disease. Some prisoners had apparently pulled out their own teeth, while others reported having difficulty eating any food due to ongoing dental pain.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

Prisoners can access health care units after

an oral request

Prisoners have to address their request to a prison guard.

  • The CPT noted again in 2021 that access to health services in the prisons visited was managed by prison staff.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

Prisoners are allowed to make external phone calls

yes

Prisoners under open, semi-open or closed regimes or awaiting transfer can make ten phone calls per day, not exceeding a total period of 60 minutes.
Prisoners under maximum security regimes may make up to three phones calls per day, not exceeding a total period of 30 minutes.1

  1. Article 133, Prison Regulations (in Romanian). ↩

  • In accordance with the law in force, prisoners had access to the telephone three times a week (five times for minors) for a period of 10 to 30 minutes each. Most establishments allowed calls of 25 to 30 minutes, while the establishment in Craiova only allowed calls of 10 minutes.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

  • Landline telephones were installed in each cell from 15 March 2021 in the Buzău pre-trial detention centre. In order to make a call, prisoners must make a written request to the prison director. The prisoner’s details would be integrated into an application. A unique identification code would eb generated, and the amount of money indicated by the prisoner entered into the system. The prisoners would only be allowed to make a phone call to family members or their lawyer.

    i
    2022
    / People's Advocate institution, 2021 Activity report

Number of medical staff (FTE)

797

i
2020
/ Prison Service

One hundred and sixty-seven (167) staff members are doctors. This figure only includes staff who are directly employed by the prison service and not specialists who occasionally intervene in prisons. In 2019, the number of medical personnel was 819.

  • The CPT noted an insufficient number of nursing staff in the establishments visited.

    At Craiova Prison (+750 prisoners), only one full-time equivalent general practitioner was working at the time of the visit; the chief medical officer and another general practitioner were on sick leave. Eight nurses (including two contract nurses) are employed full-time, including one on maternity leave. The number of health personnel specialized in the care of mental disorders is insufficient.

    At Galaţi Prison (+450 prisoners), the only general practitioner was absent at the time of the CPT’s visit and the health service was managed by the prison dentist. A team of 10 full-time equivalent nurses work at the facility. Five full-time equivalent nursing positions were not filled.

    At Giurgiu Prison (+1,500 prisoners), the health care team consists of three full-time equivalent general practitioners and nine full-time equivalent nurses. Five general practitioner and one nurse role were vacant.

    The CPT noted a lack of general practitioners in the remand centres (Centrele de Reținere și Arestare Preventivă, CRAP). At its lowest staffing levels, one doctor and one nurse would be present on a working day. In the Giurgiu and Tậrgovişte establishments, some staff had not taken leave for 18 months. The doctor was also responsible for the care of serving and retired police officers and their families, which was contrary to the specific instructions of the Ministry of the Interior published in 2016 and undermined the continuity of care provided to prisoners.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

All allegations and suspicions of ill-treatment inflicted on prisoners are logged

no

  • The report of the CPT’s 2021 visit highlighted its concerns about the lack of reporting of injuries found by the health service on prisoners in the Giurgiu, Craiova, Mărgineni and Galaţi institutions.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

Allegations of abuse were reported.
A total of 194 complaints were filed against staff with the National Penitentiary Authority (NPA) in 2019. These complaints concern discrimination, ill-treatment and inappropriate behaviour. According to the Ministry of Foreign Affairs, the NPA forwarded 76 complaints from prisoners to the authorities in 2019.
The U.S. Department of State noted the February 2019 indictment of several officials at Rahova Prison Hospital for mistreatment of inmates between 2015 and 2018. Its annual report highlighted the persistence of mistreatment.1
In 2018, the CPT gathered numerous allegations of mistreatment, ranging from insults to rape, during its visit to the facilities of Aiud, Gherla, Iaşi and Galaţi. In the latter, the specialised intervention corps for law and order was accused of multiple acts of physical and sexual violence. The events took place outside the field of view of surveillance cameras, mainly in stairwells and inside offices.2

  1. US Department of State, “Romania 2019 Human Rights Report”, 2019, p. 4. ↩

  2. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Romanian Government on the visit from 7 to 19 February 2018”, 19 March 2019, pp. 35-41. ↩

  • The CPT noted a series of credible allegations of ill-treatment and torture in Giurgiu prison where several people were beaten on their feet/soles of their feet (a method of torture called falaka). Allegations of violence were also identified in Craiova, Galati and Margineni prisons. The acts of violence were allegedly committed by prison staff members and the special intervention group.
    The CPT expressed its concern about the reliability of the investigations into allegations of torture in prison. Members of the intervention group would often be involved in cases of ill-treatment (punching, kicking and the use of batons, usually taking place in staff offices or in premises without video surveillance). Ill-treatment would often be inflicted as punishment, following disputes with officers or a disciplinary offence.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

All the prisoners are provided with bedding

yes

The prison service is required to provide each prisoner with bed sheets and a mattress. The latter is usually either in poor condition or infested with bugs.
The loved ones of prisoners can provide them with bedding.

  • The CPT attested to the prisoners’ access to bedding but noted the deterioration and poor quality of mattresses and beds. Bucharest Cells No. 2 were infested with cockroaches and bedbugs.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

Windows in remand detention centres are 30x40 cm and are reinforced with multiple grates. In centres that are managed by the police and awaiting renovations, cells are immersed in darkness, are barely ventilated, and are often humid.1

  1. European Committee for the Prevention of Torture (CPT), “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, p. 27. ↩

  • The CPT noted that the physical conditions of detention in most of the establishments visited by its delegation in 2021 were poor. The cells were generally dilapidated and in poor condition (walls, beds, mattresses, lighting). Access to natural light and artificial lighting was described as insufficient. The size of the windows was 30 cm by 40 cm, with triple or quadruple rows of grids or bars in front of and behind the windows.

    The cells of the Bucharest No. 2, Craiova and Tậrgovişte prions were usually poorly ventilated. Many cells allow water to seep in along walls and ceilings.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

Minors in prison are separated from adults

-

Minors and young adults (18-21 years) who committed a crime while they were minors serve their sentences together in the juvenile prisons in Craiova and Tichilești, and in the education centres of Buziaş and Târgu Ocna.

  • The CPT noted that in Cậmpina, the only juvenile prisoner was placed in a cell with adults.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

The law provides for single cell accommodation for minors

yes

Where possible, untried minors are held in single cell accommodation. Minors imprisoned at Tichilești are held in shared cells for three to five people.1

  1. People’s Advocate, “Report on the visit to Tichilești detention centre,16 July 2019, pp. 3-6 (in Romanian). ↩

  • The CPT stated that in Bucharest, all minors were detained in Detention and Preventive Arrest Centre No. 1 (DPAC). Three cells had been renovated since 2018 to accommodate a maximum of six minors each. However, each cell was equipped with only two sets of bunk beds.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

A supervisory body has issued a decision on prison overcrowding

yes

The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) noted the overcrowding of penitentiary establishments during a visit from 3 to 12 May 20161. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited the country’s prisons in 2018. It highlighted the efforts undertaken by the government and the prison service to alleviate prison overcrowding, while noting the persistence of overcrowding in some facilities.2

  1. Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, “Report to the State party on the visit from 3 to 12 May 2016”, 29 January 2019. ↩

  2. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, p. 34. ↩

  • The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment noted that the prison system was running at 127 per cent of its official capacity. Like the prisons in Craiova or Margineni, some facilities would operate at more than 150% of their operational capacity.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

Its reports are made public

yes

The SPT’s “Report to the Romanian government on the visit from 7 to 19 February 2018” was made public on 19 March 2019.

  • On 4 April 2022, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) published its report on the visit to Romania from 10 to 21 May 2021.

    i
    14/04/2022
    / Report to the Romanian Government on the ad hoc visit to Romania carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 May 2021

Number and percentage of prisoners who work

11.1 % (2,288)

This number corresponds to the prisoners with paying jobs.

i
2019
/ Prison Service, "Annual activity report 2019", p. 20 (in Romanian).

  • Timisoara prison had contracts with 50 different businesses, with which 444 prisoners would engage in paid work.

    i
    2022
    / People's Advocate institution, 2021 Activity report

Prisoners are allowed to call

anyone

Prisoners may call up to ten local and/or foreign numbers. They have the right to contact relatives, a lawyer, a bailiff, a mediator, a diplomatic representative or third parties, subject to the agreement of the prison director.

  • A prisoner at Brăila Prison complained of non-compliance with the right to make calls, after numbers recorded in prisoners’ telephone directories were deleted. The prison administration ordered institutions to allow prisoners to be able to add those authorities, institutions or organizations responsible for the protection of human rights to the list of persons whom prisoners can contact by telephone.

    i
    2022
    / People's Advocate institution, 2021 Activity report

Prisoners should be incarcerated at a location close to their home. Prison facilities are located across different parts of the country, enabling prisoners to stay close to their families. This is not always possible for minors, for whom only four prisons exist in the country.

  • Some prisoners, particularly in Sloboziade prison, were unable to receive visits from family members because of the distance between them, the time and the costs associated with travel.

    i
    2022
    / People's Advocate institution, 2021 Activity report

There are designated places for physical activities and sports

yes

Exercise equipment is sometimes placed in the exercise yard. A number of facilities have soccer fields.
The APADOR-CH noted that in 2019, the Craiova prison had a sports room with seven pieces of weight training and fitness equipment and a ping-pong table.1

  1. APADOR-CH, “Report on the Craiova prison visit”, 1 July 2019. ↩

  • There was no space is dedicated to sports activities in many prisons, according to the National Preventive Mechanism (Avocatul Poporului). The exercise yards had no infrastructure at the Suceava and Braila remand centres.

    i
    2022
    / People's Advocate institution, 2021 Activity report

Solitary confinement takes place either in a closed regime cell or in a specially-equipped location. The cell must have a source of light and natural ventilation, as well as a way to be heated and adequate sanitation facilities.

  • The solitary confinement cell at the Buzăudes pre-trial and preventive detention centre was built with soft walls, without corners, and a padded door, floor and walls to prevent prisoners from self-harm. Natural light entered through a window with a transparent surface of around 40 x 15 cm. Artificial lighting could also be used.

    i
    2022
    / People's Advocate institution, 2021 Activity report

The prison service keeps record of incidents

yes

  • The National Preventative Mechanism (People’s Advocate) noted that in Slobozia prison, nurses would record traumatic injuries, cases of self-harm, and the absence or presence of suicidal intent. The refusal of medical assistance by a prisoner would not be recorded.

    i
    2022
    / People's Advocate institution, 2021 Activity report

The cells/dormitories are provided with electric lighting

yes

  • The National Preventive Mechanism (People’s Advocate) reported that in pre-trial detention centres, cells lacked both natural light and artificial lighting.

    i
    2022
    / People's Advocate institution, 2021 Activity report

Foreign prisoners can be assisted by an interpreter

in some cases

Foreign prisoners must be accompanied by an interpreter at their hearings.1

  1. Article 256, Prison Regulations (in Romanian). ↩

  • The National Preventive Mechanism (People’s Advocate) reported that an interpreter was not always present when necessary.

    i
    2022
    / People's Advocate institution, 2021 Activity report

The legislation provides for a sentence adjustment for pregnant women or women with young children

yes

Pregnant women can request that their sentence be suspended. See Sentence adjustments

  • The Mother-Child Community Service offered activities to mothers detained in the Târgșorul Nou women’s prison including a preparation programme for release, organised social activity based around a specific activity project or “the ABC of family relations”. Mothers were informed by prison staff of the possibility of requesting an interruption to their sentence. They also received in-person social counselling to develop their parenting skills. A cooperation protocol had been established between the prison and the General Directorate of Social Assistance and Child Protection of Vâlcea. The initiative was followed upon the request of a mother who wished to place her child outside, due to a lack of moral and material support in the prison. The protocol aimed to assist children whose parents or legal guardians were serving a sentence or deprivation of liberty.

    i
    2022
    / People's Advocate institution, 2021 Activity report

Guard to prisoner ratio

1 : 2,8

i
31/01/2019
/ Council of Europe, SPACE I – Report 2019, p. 85.

  • La prison de Slobozia compte 279 postes de surveillant, dont 94 vacants, et seulement une assistante sociale.

    i
    2022
    / People's Advocate institution, 2021 Activity report