Law No. 80 Of 30 September 1994

Original Language Title:  LEGE nr. 80 din 30 septembrie 1994

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070522/-lege-nr.-80-din-30-septembrie-1994.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
LAW No. 80 of 30 September 1994 concerning ratification of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment, as well as protocols. 1 and 2 to the Convention PARLIAMENT ISSUING published in MONITORUL OFICIAL NR. 285 of 7 October 1994, the Romanian Parliament adopts this law.


Article 1 shall ratify the European Convention for the prevention of torture and inhuman or degrading treatment or punishment, done at Strasbourg on 26 November 1987 and protocols. 1 and 2 to the Convention, adopted at Strasbourg on 4 November 1993.


Article 2 In article 41(2). 15 of the Convention, the Ministry of Justice is designated as the authority competent to receive notifications to the Romanian Government.
This law was adopted by the Senate at its meeting on 19 September 1994, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GAITAN this law was adopted by the Chamber of deputies at its meeting on 19 September 1994, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE the EUROPEAN CONVENTION for the prevention of torture and inhuman or degrading treatment or punishment *)-Strasbourg, 26 November 1987-the Member States of the Council of Europe, signatories to this Convention, taking into account the provisions of the Convention for the protection of human rights and fundamental freedoms, recalling that in the meaning of art. 3 of the same Convention, "no one may be subjected to torture or any inhuman or degrading treatment or punishment", constatind that people who consider themselves victims of infringement. 3 may avail himself of the mechanism provided for in this Convention, convinced that the protection of persons deprived of their liberty against torture and inhuman or degrading treatment or punishment could be strengthened through an extrajudicial mechanism, preventive character based on visits, have agreed upon the following: Chapter 1 article 1 shall be set up a european Committee for the prevention of torture and inhuman or degrading treatment or punishment (hereinafter referred to as the Committee). Through visits, it will examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, their protection against torture and inhuman or degrading treatment or punishment.


Article 2 each Party shall authorize the visitation, under this Convention, any place under its jurisdiction, in which persons are deprived of liberty by a public authority.


Article 3 the Committee and the competent national authorities of the party concerned shall cooperate with a view to the application of this Convention.


Chapter 2 article 4 1. The Committee shall consist of a number of members equal to that of hate.
2. Members of the Committee shall be elected from among the personalities with a high morality, recognised for their competence in the field of human rights or having professional experience in the areas that you are treating this Convention.
3. The Committee may comprise only one citizen of the same State.
4. enable Members on an individual basis, shall be independent and impartial in the exercise of their mandates and are available for the performance of their functions by an effective manner.


Article 5 1. Members of the Committee shall be elected by the Committee of Ministers of the Council of Europe by an absolute majority of votes cast from a list of names drawn up by the Bureau of the Consultative Assembly of the Council of Europe; the delegation of each party in the National Assembly, Consultative presents three of which at least two have the nationality of that State.
2. The same procedure is followed for employment which have become vacant.
3. Members of the Committee shall be elected for a period of 4 years. They may not be re-elected than once. However, as regards the first choice members, three of them functions will end at the end of a period of 2 years. Members whose duties take end upon expiry of the initial two years shall be appointed by drawing of lots carried out by the Secretary-General of the Council of Europe as soon as it will be the first choice.


Article 6 1. The Committee carries out its work behind closed doors. A quorum consists of a majority of its members. Decisions of the Committee shall be taken by a majority of the members present, subject to the provisions of article 3. 10 paragraph 2.
2. the Committee shall adopt its rules or inside.
3. Secretarial services for the Committee shall be provided by the Secretary-General of the Council of Europe.


Chapter 3 Article 7 1. The Committee organizes visits to the places referred to in article 1. 2. in addition, periodic Committee can organize any visit, which seems to be required by the circumstances.
2. The visits are carried out, as a general rule, by at least two members of the Committee. The latter may, if it considers that necessary, be assisted by experts and interpreters.


Article 8 1. The Committee shall notify the Government of the party concerned of its intention to carry out a visit. As a result of such notification, the Committee has the right to visit any time of the places referred to in article 1. 2.2. Part should provide to the Committee the following facilities to carry out its tasks: (a) access to its territory) and the right to move inside it without restrictions;
  

b) any information on jobs in which the person deprived of liberty;
  

c) opportunity to move according to his will to any place in which the person deprived of liberty, including the right to move smoothly inside these places;
  

d) any other information available to the side and that is necessary for the performance of his Committee assignment. In obtaining this information, the Committee will take into account the rules of law and conduct applicable at national level.
  

3. the Committee may maintain without witnesses with persons deprived of liberty.
4. The Committee may contact freely with any person you appreciate as being able to provide useful information.
5. where appropriate, the Committee shall communicate its observations on the premises of the competent authorities of the party concerned.


Article 9 1. In exceptional circumstances, the competent authorities of the party concerned, the Committee may make known their objections against the time envisaged by the Committee for the conduct of the visit or to the place chosen by the Committee with the intention of visiting it. Also no objections can be made than for reasons of national defence or public safety, or due to serious disorder in places where persons are deprived of their liberty, the State of health of a person or of an urgent interrogation, in an ongoing investigation, in connection with a serious criminal offence.
2. As a result of such objections, the Committee shall consult in order to clarify the situation and to reach an agreement on the measures that would allow the Committee to exercise its functions as soon as possible. These measures may include the transfer to another place of any person whom the Committee intends to visit. Waiting for the visa to take place, the Committee provides information on everyone involved.


Article 10 1. After each visit, the Committee shall draw up a report on the occasion of its findings, taking into account all the observations submitted by the applicant, where appropriate. He transmits the report or part, which contains recommendations which it considers as necessary. The Committee may consult with the intention to ensure, where necessary, improvement with regard to the protection of persons deprived of liberty.
2. If the party does not cooperate or refuses to improve the situation for the purpose of the recommendations of the Committee, it may decide, by a majority of two thirds of its members, after the side will be given an opportunity to explain himself, the formulation of a public statement in this regard.


Article 11 1. The information gathered by the Committee on the occasion of a visit, consultation, or report and with the interested party shall be confidential.
2. the Committee shall publish the report or, as any review of the interested party, whether it's a request.
3. However, any personal date may not be published without the express consent of the data subject.


In article 12, the Committee shall submit Annually to the Committee of Ministers, having regard to the rules of confidentiality laid down in art. 11, an overview report concerning its activities, which shall be forwarded to the Consultative Assembly and made public.


Article 13 Committee members, experts and other persons who assist him are subjected during their term of Office and after it expires, the obligation to keep secret facts or information about who took the knowledge in the performance of their duties.


Article 14 1. The names of those who assist the Committee are indicated in the notification made under article 13. 8 (1).
2. Experts acts on instructions of, and under the responsibility of the Committee. They must possess their own competence and experience in matters related to this Convention and have the same obligations of independence, impartiality and availability as the members of the Committee.
3. exceptionally, a party may declare that an expert or other person who assists the Committee may not be permitted to participate in visiting a place under its jurisdiction.


Chapter 4 Article 15


Each Party shall communicate to the Committee the names and addresses of the competent authorities to receive the notifications to the Government or, as those of any agent link that she may designate.


Article 16 the Committee, its members and experts mentioned in article 10. 7 paragraph 2 shall enjoy the privileges and immunities set out in the annex to this Convention.


Article 17 1. This Convention is without prejudice to provisions of national law or international agreements which ensure greater protection of persons deprived of liberty.
2. Nothing in this Convention may be interpreted as a limitation or derogation from the European Convention bodies and competencies of human rights or obligations of the parties under this Convention.
3. The Committee will visit places that representatives or delegates of the protecting powers, the International Committee of its Red Cross visit them effectively and regularly on the basis of the Geneva Conventions of 12 august 1949 and their additional protocols of 8 June 1977.


Chapter 5 article 18 this Convention is open for signature by Council of Europe Member States. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.


Article 19 1. This Convention shall enter into force on the first day of the month following the expiration of a period of three months from the date on which seven Member States of the Council of Europe have expressed their consent to the Convention according to articles. 18.2. For each Member State which subsequently expresses its consent to the Convention, it shall enter into force on the first day of the month following the expiration of a period of 3 months from the date on which the instrument of ratification, acceptance or approval.


Article 20 1. Any State may, at the time of signature or when depositing the instrument of ratification or acceptance, or approval, to designate the territory or territories in which this Convention shall apply.
2. Any State may, at any time, to extend, by a declaration addressed to the Secretary General of the Council of Europe, the application of this Convention to any other territory designated in the statement. The Convention will enter into force, in respect of that territory, on the first day of the month following the expiration of a period of 3 months from the date of receipt of such declaration by the Secretary general.
3. Any declaration made in the preceding two paragraphs may be withdrawn, in respect of any territory designated in this Declaration, by notification addressed to the Secretary general. The withdrawal will take effect on the first day of the month following the expiration of a period of three months from the date of receipt of the notification by the Secretary-General.


Article 21 shall be no backup from the provisions of this Convention.


Article 22 1. Any party may, at any time, denounce this Convention adresind to notify the Secretary-General of the Council of Europe.
2. The denunciation will take effect on the first day of the month following the expiration of a period of 12 months from the date of receipt of the notification by the Secretary-General.


Article 23 the Secretary general of the Council of Europe shall notify the Member States of the Council of Europe: a) any signature;
  

(b) the deposit of each instrument) ratification, acceptance or approval;
  

c) every time of entry into force of this Convention in accordance with article 5. 19 and 20;
  

d) any other act, notification or communication in connection with this Convention, with the exception of the measures referred to in article 1. 8 and 10.
  

The finding of the above, the undersigned, having full powers for that purpose, have signed this Convention. Done at Strasbourg on 26 November 1987, in French and English languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary general of the Council of Europe shall transmit a certified copy to each Member State of the Council of Europe.


Annex 1 Privileges and immunities (article 16) 1. For the purposes of this annex, references to members of the Committee include the experts referred to in article 1. 7 (2).
2. Members of the Committee shall be entitled, during the exercise of their functions, as in the time of passengers taken in performance of their duties, the following privileges and immunities: (a) immunity from arrest) or detention and retention of their personal baggage and immunity from any jurisdiction in respect of acts done by them in their official capacity, including their word and records;
  

b) exemption from any restrictive measures concerning their freedom of movement: coming out of their country and return to the residence and entry into and exit from the country exercising the functions, as well as any registration formalities for foreigners in target countries or crossed in the exercise of their functions.
  

3. In the course of passengers effected in the exercise of their functions, the members of the Committee are granted, in respect of customs and exchange control: a) by their own Government, the same facilities as those senior officials acknowledged that moving abroad temporary official missions;
  

b) by the Governments of the other parties, the same facilities as those recognized representatives of foreign Governments on temporary official missions.
  

4. Documents and records of the Committee are inviolable, insofar as they relate to the work of the Committee.
Official correspondence and other official communications of the Committee may not be withheld or blacked out.
5. to ensure that members of the Committee a full freedom of speech and complete independence in the performance of one of their functions, the immunity from jurisdiction in respect of acts or spoken or written word, or emanind them in carrying out their duties will continue to be accorded even after such person's term of Office will end.
6. Privileges and immunities are granted to the members of the Committee not to the benefit of their staff, but also in order to ensure the exercise of their functions in full independence. The Committee is the only one that has the capacity to pronounce the lifting of the immunities accorded; He has not only the right but also the duty to lift the immunity of one of its members, in all cases where its opinion, the immunity would impede the realization of Justice and the immunity can be lifted without prejudice to the purpose for which it is granted.


PROTOCOL 1. 1 to the European Convention for the prevention of torture and inhuman or degrading treatment or punishment *)-Strasbourg, 4 November 1993 the Member States of the Council of Europe, signatories to this Protocol to the European Convention for the prevention of torture and inhuman or degrading treatment or punishment, signed at Strasbourg on 26 November 1987 (hereinafter referred to as the Convention), believing that it is appropriate to enable non-Member States of the Council of Europe to accede to the Convention at the invitation of the Committee of Ministers agreed upon the following: Article 1 Paragraph 1 of article 5 of the Convention shall be supplemented by a paragraph as follows: "in the case of the election of a member of the Committee on behalf of a non-Member State of the Council of Europe Consultative Assembly Bureau invites interested State Parliament to put forward three candidates, of whom at least two of them national. The election by the Committee of Ministers will take place after consultation with the party concerned. "


Article 2 in article 12 of the Convention reads as follows: "the Committee shall submit Annually to the Committee of Ministers, having regard to the rules of confidentiality laid down in art. 11 an overview report concerning its activities, which shall be sent to the Assembly, and any non-Member State of the Council of Europe party to the Convention, and made public. "


Article 3 the text of article 18 of the Convention shall become paragraph 1 of the same article and is supplemented by a paragraph 2, drawn up as follows: "2. the Committee of Ministers of the Council of Europe may invite any non-Member State of the Council of Europe to accede to the Convention."


Article 4 paragraph 2 of article 19 of the Convention, the word is suppressed, and the words or approval are replaced by words of approval or accession.


Article 5, paragraph 1 of article 20 of the Convention, the words or the words are replaced with approval approval or accession.


Article 6 1. The introductory phrase of article 23 of the Convention shall read as follows: "the Secretary general of the Council of Europe shall notify the Member States and any non-Member State of the Council of Europe party to the Convention."
2. In point b of article 23), of the Convention, the words or the words are replaced with approval approval or accession.


Article 7 1. This protocol shall be open for signature by Member States of the Council of Europe signatories to the Convention, which may express their consent by: a) signature without reservation of ratification, acceptance or approval; or b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
  

2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.


Article 8 this protocol shall enter into force on the first day of the month following the expiration of a period of three months from the date on which all parties to the Convention have expressed their consent to the protocol, in accordance with the provisions of art. 7. In article 9 the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe:


has any signature;)
  

(b) the deposit of each instrument) ratification, acceptance or approval;
  

(c)) date of entry into force of this protocol, in accordance with art. 8;
  

d) any other act, notification or communication in relation to this protocol.
  

The finding of the above, the undersigned, having full powers for that purpose, have signed this protocol.
Done at Strasbourg on 4 November 1993, in French and English languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary general of the Council of Europe shall transmit a certified copy to each Member State of the Council of Europe.


PROTOCOL 1. 2 to the European Convention for the prevention of torture and inhuman or degrading treatment or punishment *)-Strasbourg, 4 November 1993 to the signatory States of this Protocol to the European Convention for the prevention of torture and inhuman or degrading treatment or punishment, signed at Strasbourg on 26 November 1993 (hereinafter referred to as the Convention), convinced of the advisability of allowing members of the european Committee for the prevention of torture and inhuman or degrading treatment or punishment (hereinafter the Committee) to be reeligibil twice taking account, moreover, the need to ensure a balanced renewal of the members of the Committee, agreed on the following: Article 1 1. The second phrase of paragraph 3 of article 5 of the Convention reads as follows: "they are reeligibili twice."
2. Article 5 shall be supplemented by paragraphs 4 and 5, as follows: "4. In order to ensure, to the extent possible, the renewal of half of the members of the Committee every 2 years, the Committee of Ministers may, before proceeding to any choice as to decide that one or more mandates of members to be elected to have a period other than four years without duration, however, can exceed 4 years or be less than two years.
5. Where are targeted more mandates, and the Committee of the Ministers of the preceding paragraph apply, the allocation of seats is carried out through a drawing of lots carried out by the Secretary-General immediately after the election. "


Article 2 1. This protocol shall be open for signature by the signatory States of the Convention or which adhere to it, which may express their consent by: a) signature without reservation of ratification, acceptance or approval; or b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
  

2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.


Article 3 this protocol shall enter into force on the first day of the month following the expiration of a period of three months from the date on which all parties to the Convention have expressed their consent to the protocol, in accordance with the provisions of art. 2. In article 4 the Secretary general of the Council of Europe shall notify the Member States of the Council of Europe: a) any signature;
  

(b) the deposit of each instrument) ratification, acceptance or approval;
  

(c)) date of entry into force of this protocol, in accordance with art. (3);
  

d) any other act, notification or communication in relation to this protocol.
  

The finding of the above, the undersigned, having full powers for that purpose, have signed this protocol.
Done at Strasbourg on 4 November 1993, in French and English languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary general of the Council of Europe shall transmit a certified copy to each Member State of the Council of Europe.

Note *) version.

----------------------------