IMPLEMENTING A NATIONAL PREVENTIVE MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER FORMS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN PLACES OF DETENTION IN ROMANIA

With the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) by Law no. 109/2009, Romania has taken a further step in strengthening the preventive monitoring of places of detention by an independent body as a form of preventing and combating torture and other forms of ill-treatment in different places of detention. Consequently, Romania is to establish a National Preventive Mechanism (NPM) for the prevention of torture and other forms of cruel, inhuman or degrading treatment or punishment in places of detention.The paper will focus on the study of the OPCAT provisions regarding the NPM, aimed at establishing a system of regular visits undertaken by an independent national body to places where people are deprived of their liberty. Due attention will be granted to the existing domestic mechanisms and to the analysis of the legislation of certain European states that already implemented OPCAT. Furthermore, this article will assess the difficulties which the implementation of a NPM in Romania poses, the shortcomings of such an endeavour, with a view to the understanding of the minimum pre-requisites for an effective functioning of such a national body and taking also into consideration the Principles Relating to the Status of National Institutions for the Promotion and Protection of Human Rights (Paris Principles).To close with, the study will attempt to present some recommendations meant to ensure a firm and efficient implementation of the NPM in Romania.