E Economic and Social Council - acnudh
E Economic and Social Council - acnudh
E Economic and Social Council - acnudh
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E/CN.4/2006/6/Add.2<br />
page 49<br />
232. Recommendation (k) stated: Any public official indicted for abuse or torture should<br />
be suspended from duty pending trial.<br />
233. According to information received from NGOs, high-ranking public officials are never<br />
suspended from their positions pending trials on allegations of torture <strong>and</strong> ill-treatment.<br />
However, some police officers of inferior rank have been suspended pending trials on allegations<br />
of torture <strong>and</strong> ill-treatment.<br />
234. The Government informed that police officers who are released on bail are allowed to<br />
carry out the activities set out in writing by the head of the police section. Police officers who are<br />
rem<strong>and</strong>ed in custody are suspended <strong>and</strong> required to return their identification cards, badges <strong>and</strong><br />
any weapons. Article 65 of Law No. 360/2002 was amended in 2004 to provide that the decision<br />
as to whether a police officer is to be removed from his post will not be made until after a final<br />
judgment has been rendered. Public servants who work for the penitentiary administration <strong>and</strong><br />
are released on bail are allowed to carry out the tasks <strong>and</strong> duties set out in writing by the head of<br />
their unit. If they are rem<strong>and</strong>ed in custody, they are suspended from their posts. Considérant les<br />
dispositions de l'article 62 de la Loi n° 303/2004, republiée, concernant le statut des juges et des<br />
procureurs, le juge ou le procureur sont suspendus de leur fonction qu<strong>and</strong> une action pénale a été<br />
ouverte à leur égard, par ordonnance ou réquisitoire. Ce texte ne distingue pas les catégories<br />
d'infractions pour lesquelles a été entamée l'action pénale ; ses dispositions sont donc également<br />
applicables aux infractions de torture.<br />
235. Recommendation (l) stated: Priority should be given to enhancing <strong>and</strong> strengthening<br />
the training of all police officials, including non-commissioned officers; the Government<br />
should give consideration to requesting assistance from the Office of the High<br />
Commissioner for Human Rights to train police officials.<br />
236. According to information received from NGOs, police officers still do not receive<br />
adequate training on st<strong>and</strong>ards for the treatment of persons who have been deprived of their<br />
liberty.<br />
237. Recommendation (m) stated: Given the numerous reports of inadequate legal counsel<br />
provided by ex officio lawyers, measures should be taken to improve legal aid services.<br />
238. According to information received from NGOs, the Government has not taken any steps<br />
to improve legal aid services. The services provided by state-appointed lawyers are inadequate.<br />
According to the information received, state-appointed lawyers do not take a pro-active role to<br />
provide their clients with an effective defence. Instead, they fulfill a formal role designed to<br />
rubber stamp <strong>and</strong> legitimize the actions of the police <strong>and</strong> investigators. The state-appointed<br />
lawyers do not contact their clients before they are interrogated <strong>and</strong> make formal statements <strong>and</strong><br />
they do not initiate visits with their clients whilst they are in pre-trial detention. Furthermore,<br />
they do not bring interim applications, fail to familiarize themselves with the case file <strong>and</strong> are<br />
passive during court hearings.<br />
239. The Government informed that the fees for the lawyers carrying out legal aid work were<br />
substantially increased on 23 June 2005, as the result of a protocol signed between the Ministry<br />
of Justice <strong>and</strong> the Romanian Bar Union. In addition, legal aid was extended to all non-criminal<br />
matters, including complaints against the State.