Assignment criteria are not clearly communicated by the prison service. The service emphasises vulnerability factors such as sexual orientation, mental disorders, state of health, disabilities, ethnicity, the prisoner’s work history prior to imprisonment and the reason for conviction (especially for sexual offenders).¹ These criteria may influence the prisoner’s assignment.

The prison service is required to provide rooms for meetings between prisoners and their lawyers. Confidentiality is not always guaranteed, and prison staff are always present to maintain ‘visual surveillance’.

The prison service is required to immediately inform a prisoner’s relatives in the event of death.

In the event of a prisoner’s death, the service informs the family of the procedure for recovering the remains.

Allegations of abuse were reported.
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.
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

Medical personnel are required to inform the public prosecutor of any signs of mistreatment observed upon the arrival of a prisoner. The prosecutor can then initiate an investigation¹.
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. In 2018, the CPT had already reported that none of the health professionals interviewed the previous year had the necessary knowledge to diagnose cases of torture and mistreatment. The Committee had also deplored the partial and sometimes non-existent recording of abuses suffered by prisoners².

The prison service is implementing a policy of protection against violence between prisoners. Monitoring and information-gathering are in place with a view to reducing ‘violent behaviour’¹. Facilities have protection cells to accommodate vulnerable prisoners, with placement decided by the prison head or at the prisoner’s request. Activities and movement can be organised in such a way as to avoid encounters between specific prisoners ².

Prisoners may submit written or verbal complaints to the correctional facility’s management.
They can also write to the liberty and custody judge or ask to speak to them confidentially during their on-site visits.¹

The liberty and custody judge is required to hear prisoner complaints. This judge often has an office within each facility.

The People’s Advocate may be contacted by any person via mail, e-mail, fax or by filing a request with the regional offices. The person must specify their name, address and the reasons for their request. The events in question must have occurred within the previous year. Letters addressed to the People’s Advocate do not require stamps and cannot be withheld by prison authorities.
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.

The NPM conducts follow-up visits, sometimes unannounced, to see whether its recommendations have been implemented.

Correctional facilities are monitored by other bodies. The APADOR-CH association has an agreement with the prison service, and regularly carries out monitoring visits within the facilities. It publishes its reports and recommendations on its website. The prison service also has its own internal control body: the inspection of penitentiary services. The latter carries out so-called “thematic” inspections, unannounced visits and can receive complaints.

The decision to grant a sentence adjustment lies with the competent judge in the jurisdiction where the prisoner is incarcerated¹.