Advanced Search

Law No. 80 Of 30 September 1994

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE No. 80 of 30 September 1994 on the ratification of the European Convention for the Prevention of Torture and Inhuman or Degrading Punishment or Treatment, as well as Protocols No. 1 1 and 2 at the convention
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 285 of 7 October 1994



The Romanian Parliament adopts this law + Article 1 The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, adopted in Strasbourg on 26 November 1987 and protocols no. 1 1 and 2 at the Convention, adopted in Strasbourg on 4 November 1993. + Article 2 Based on art. 15 of the convention, the Ministry of Justice is designated as competent authority to receive the notifications addressed to the Romanian Government. This law was adopted by the Senate at the meeting of September 19, 1994, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of September 19, 1994, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE + EUROPEAN CONVENTION for the prevention of torture and inhuman or degrading treatment or punishment *) -Strasbourg, 26 November 1987- Member States of the Council of Europe, signatories to this Convention, having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental Recalling that within the meaning of art. 3 of the same convention "no one may be subjected to torture or inhuman or degrading treatment or punishment", finding that persons who consider themselves victims of violation of the provisions of art. 3 may rely on the mechanism provided for in this Convention, convinced that the protection of persons deprived of liberty against torture and inhuman or degrading treatment or treatment could be strengthened by an extrajudicial, preventive, visits-based mechanism, have agreed on the following: + Chapter 1 + Article 1 A European Committee for the Prevention of Torture and Punishment or Inhuman or Degrading Treatment (hereinafter referred to as the Committee) is hereby established. By means of visits, the Committee shall examine the treatment of persons deprived of liberty with a view to strengthening, where appropriate, their protection against torture and inhuman or degrading treatment or punishment. + Article 2 Each Party shall authorise the visitation, in accordance with this Convention, of 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 interested party shall cooperate to implement this Convention. + Chapter 2 + Article 4 1. The Committee shall consist of a number of members equal to that of the parties. 2. The members of the committee shall be chosen from among the personalities with high morality, recognized for their competence in the field of human rights or who have professional experience in the fields of the present convention. 3. The Committee shall only include a single citizen from the same State. 4. The members shall act individually, shall be independent and impartial in the exercise of their mandates and shall be available for the performance of their functions in an effective manner. + Article 5 1. The members of the committee shall be elected by the Committee of Ministers of the Council of Europe by an absolute majority of votes from a list of names drawn up by the Council of the Consultative Assembly of the Council of Europe; The Consultative Assembly presents three candidates, at least two of whom have the citizenship of that state. 2. The same procedure is followed for filling the vacations. 3. Committee members shall be elected for a period of 4 years. They can only be re-elected once. However, as regards the members appointed to the first election, the functions of three of them will end at the end of a period of 2 years. Members whose functions are terminated upon the expiry of the original 2-year term shall be designated by drawing lots by the Secretary-General of the Council of Europe, immediately after the first choice has been made. + Article 6 1. The Committee shall conduct its work in closed doors. The quorum is constituted by the majority of its members. Decisions of the Committee shall be taken by a majority of the members present, subject to 10 10 paragraph 2. 2. The Committee shall establish its internal rules 3. The Secretariat shall be provided by the Secretary General of the Council of Europe. + Chapter 3 + Article 7 1. The Committee shall organize the visit of the places concerned in 2. Apart from regular visits, the committee may hold any other visitation that may appear to be required by the circumstances. 2. Visits are made, as a general rule, by at least two members of the committee. The latter may, if it considers necessary, be assisted by experts and interpreters. + Article 8 1. The Committee shall notify the Government of its intention of paying a visit. As a result of such notification, the committee shall be entitled to visit the places referred to in art. 2. 2. The party shall give the committee the following facilities for the performance of its tasks a) access to its territory and the right to move within it without restrictions; b) any information on places where persons deprived of liberty are found; c) the possibility to travel according to his will to any place where persons deprived of liberty are found, including the right to travel without hindrances inside these places; d) any other information available to the party and which is necessary for the committee to carry out its task. In obtaining this information, the Committee will take into account the rules of law and deontology applicable at national level. 3. The Committee may support itself without witnesses with persons deprived of liberty. 4. The Committee may freely contact any person whom it considers to be capable of providing useful information. 5. Where appropriate, the Committee shall communicate its observations on the spot to the competent authorities of the party + Article 9 1. In exceptional circumstances, the competent authorities of the interested party may make known to the committee their objections to the time envisaged by the committee for making the visit or to the place chosen by the committee with the intention of visiting it. Such objections can only be made for reasons of national defense or public safety, or due to serious disturbances in places where persons are deprived of liberty, the health of a person or an interrogation Urgent, in an ongoing investigation, in connection with a serious criminal offence. 2. Following such objections, the Committee and the Party shall consult in order to clarify the situation and to reach an agreement on the measures to enable the Committee to perform its functions as soon as possible. These measures may include transfer to another place of any person whom the Committee intends to visit. Waiting for the visa to take place, the party shall provide the committee with information on any data subject. + Article 10 1. After each visit, the Committee shall draw up a report on the facts found on its occasion, taking into account all the observations submitted by the interested party. It shall submit its report, which shall contain the recommendations it considers necessary. The Committee may consult with the party in its intention to ensure, where appropriate, improvements in the protection of persons deprived of liberty. 2. If the party does not cooperate or refuses to improve the situation within the meaning of the recommendations of the committee, it may decide, by a majority of two thirds of its members, after the party has had the opportunity to explain itself, the wording of a declaration public in this regard. + Article 11 1. The information collected by the Committee on the occasion of a visit, its report and the consultations with the interested party shall be confidential. 2. The Committee shall publish its report, as shall any comment by the party concerned, if it so requests. 3. However, no personal data may be made public without the express consent of the data subject. + Article 12 Annually, the committee shall submit to the Committee of Ministers, taking into account the confidentiality rules provided for in 11, a general report on its activities, which is submitted to the Consultative Assembly and made public. + Article 13 The members of the Committee, the experts and the other persons assisting him shall be subject, during their term of office and after their expiry, to the obligation to keep the facts or information about which they have become aware of their duties. + Article 14 1. The names of persons assisting the committee are indicated in the notification made pursuant to art. 8 8 paragraph 1. 2. Experts shall activate on the basis of the instructions and under the responsibility They must possess their own competence and experience in the fields of 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 assisting the committee may not be admitted to participate in visiting a place under its jurisdiction. + Chapter 4 + Article 15 Each Party shall communicate to the Committee the name and address of the competent authorities to receive the notifications addressed to its government, as well as those of any liaison agent that it may designate. + Article 16 The Committee, its members and experts referred to in art. 7 paragraph 2 shall enjoy the privileges and immunities set out in the Annex to this Convention. + Article 17 1. This Convention shall be without prejudice to the provisions of national law or to international agreements which ensure greater protection for persons deprived of liberty. 2. No provision of this Convention may be construed as a limitation or as a derogation from the powers of the organs of the European Convention of Human Rights or from the obligations assumed by the Parties by virtue of this Convention. 3. The committee will not visit the places that representatives or delegates of its protective powers of the International Committee of the Red Cross visit effectively and regularly based on the Geneva conventions of August 12, 1949 and their protocols. Additional from June 8, 1977. + Chapter 5 + Article 18 This Convention is open to the signing of the Member States of the Council It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary-General of the Council of Europe. + Article 19 1. The present Convention 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 seven Member States of the Council of Europe have expressed their consent to the Convention according to the provisions of art. 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 expiry of a period of 3 months from the date of deposit of the instrument of ratification, acceptance or approval. + Article 20 1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or approval, designate the territory or territories in which this Convention will apply. 2. Any State may, at any time thereafter, extend, by a statement addressed to the Secretary-General of the Council of Europe, the application of this Convention to any other territory designated in the declaration. The Convention will enter into force, as regards this territory, on the first day of the month following the expiry of a period of 3 months from the date of receipt of the declaration by the Secretary-General. 3. Any statement made on the basis of the two preceding paragraphs may be withdrawn, in respect of any territory designated in this declaration, by a notification addressed to the Secretary-General. The withdrawal will take effect on the first day of the month following the expiry of a period of 3 months from the date of receipt of notification by the Secretary-General + Article 21 No reservation shall be permitted under the provisions of this Convention. + Article 22 1. Any Party may, at any time, denounce this Convention by addressing a notification to the Secretary-General of the Council of Europe. 2 2. Denunciation shall take effect on the first day of the month following the expiry 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 will notify the Council of Europe a) any signing; b) the deposit of each instrument of ratification, acceptance or approval; c) each date of entry into force of this Convention in accordance with art. 19 19 and 20; d) any other act, notification or communication in connection with this Convention, except for the measures provided for in art. 8 8 and 10. In the finding of the above, the undersigned, having full powers for this purpose, signed this Convention. Concluded in Strasbourg on 26 November 1987, in French and English, both texts being equally authentic, in a single copy to be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe will send certified copy to each Member State of the Council + Annex 1 Privileges and immunities ((Article 16) 1. For the purposes of this Annex, references to the members of the Committee shall include the experts referred to in Article 7 7 paragraph 2. 2. The members of the committee shall benefit, during the exercise of their functions, as during the travellers undertaken in the exercise of their functions, the following privileges and immunities: a) immunity from arrest or detention and detention of their personal baggage and immunity from any jurisdiction in respect of acts performed by them in their official capacity, including their word and documents; b) exemption from any restrictive measures relating to their freedom of movement: exit from and return to their country of residence and entry into and exit from the country in which they perform their functions, as from any formalities of registration of foreigners in the countries concerned or crossed in the exercise of their functions. 3. In the course of the passengers carried out in the exercise of their functions, the members of the committee shall be granted, in customs and foreign exchange control a) by their own government, the same facilitations as those recognized to senior officials moving abroad on a temporary official mission; b) by the governments of the other parties, the same facilitations as those recognized to the representatives of foreign governments on a temporary official mission. 4. The documents and acts of the Committee shall be inviolable, in so far as they concern the work Official correspondence and other official communications of the committee may not be withheld or censored. 5. In order to ensure the members of the committee a complete freedom of the word and a full independence in the performance of their functions, the immunity of jurisdiction in respect of the word or the documents or documents emanating from them in fulfillment their functions will continue to be given to them even after the mandate of these people comes to an end. 6. The privileges and immunities are granted to the members of the committee not for their personal benefit, but in order to ensure the exercise of their functions in full independence. The committee is the only one who has the quality to pronounce the lifting of immunities; he has not only the right, but also the duty to lift the immunity of one of its members, in all cases where, in his opinion, immunity would prevent the achievement justice and in which immunity can be lifted without prejudice to the purpose for which it is granted. + PROTOCOL NO 1 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment *) -Strasbourg 4 November 1993- 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 Treatment, signed in Strasbourg on 26 November 1987 (hereafter convention), Considering that it is appropriate to allow the non-Member States of the Council of Europe to accede to the Convention, at the invitation of the Committee have agreed on 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, the Bureau of the Consultative Assembly invites the parliament of the state concerned to present three candidates, at least two The choice by the Committee of Ministers will take place after consulting the interested party. " + Article 2 Article 12 of the Convention shall read as follows: " Annual, the committee shall submit to the Committee of Ministers, taking into account the confidentiality rules provided for in art. 11 a general report on its activities, which shall be forwarded to the Advisory Assembly, and to 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 shall be supplemented by a paragraph 2 drawn up as follows "" Two. The Council of Europe Ministers ' Committee may invite any non-member state of the Council of Europe to accede to the Convention. + Article 4 In paragraph 2 of Article 19 of the Convention, the word member shall be suppressed and the words or approval shall be replaced by the words approved or accession. + Article 5 In paragraph 1 of Article 20 of the Convention, words or approval shall be replaced by the words approved or accession. + Article 6 1. The introductory phrase of Article 23 of the Convention shall be 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 2. In point b) of Article 23 of the Convention, words or approval shall be replaced by the words approved or accession. + Article 7 1. This Protocol shall be open for signature to the Member States of the Council of Europe signatories to the Convention which may express their consent by: a) signing without reservation of ratification, acceptance or approval; or b) signing subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. 2. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. + Article 8 This Protocol will enter into force on the first day of the month following the expiration of a period of 3 months from the date on which all parties to the Convention have expressed their consent to the Protocol, according to the provisions of art. 7. + Article 9 The Secretary-General of the Council of Europe will notify the Council of Europe a) any signing; b) the deposit of each instrument of ratification, acceptance or approval; c) the date of entry into force of this Protocol, 8 8; d) any other act, notification or communication in connection with this Protocol. In finding the above, the undersigned, having full powers for this purpose, have signed this Protocol. Concluded in Strasbourg on 4 November 1993, in French and English, both texts being equally authentic, in a single copy to be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe will send certified copy to each Member State of the Council + PROTOCOL NO 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment *) -Strasbourg, 4 November 1993- The signatory States of this Protocol to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Treatment, signed in Strasbourg on 26 November 1993 (hereinafter referred to as the Convention), convinced of the opportunity to allow members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Treatment (hereinafter referred to as the Committee) to be reeligible twice, taking into account, in addition, the need to ensure a balanced renewal of the members of the Committee, have agreed on the following: + Article 1 1. The second sentence of paragraph 3 of Article 5 of the Convention shall read as follows: "" They are reeligible twice. " 2. Article 5 shall be supplemented by paragraphs 4 and 5, as follows: "" Four. In order to ensure, as far as possible, the renewal of half of the members of the committee every 2 years, the Committee of Ministers may, before proceeding as with any election, decide that one or more mandates of the members to be elected have a duration other than 4 years, without this duration, however, being able to exceed 4 years or be less than two years. 5. If several mandates are concerned, and the Committee of Ministers applies the preceding paragraph, the distribution of mandates shall be carried out by a draw made by the Secretary-General immediately after election. " + Article 2 1. This Protocol shall be open for signature to the signatory States of the Convention or accede thereto, which may express their consent by: a) signing without reservation of ratification, acceptance or approval; or b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. 2. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. + Article 3 This Protocol will enter into force on the first day of the month following the expiry of a period of 3 months from the date on which all parties to the Convention have expressed their consent to the Protocol, according to the provisions of art. 2. + Article 4 The Secretary-General of the Council of Europe will notify the Council of Europe a) any signing; b) the deposit of each instrument of ratification, acceptance or approval; c) the date of entry into force of this Protocol, 3 3; d) any other act, notification or communication in connection with this Protocol. In finding the above, the undersigned, having full powers for this purpose, have signed this Protocol. Concluded in Strasbourg on 4 November 1993, in French and English, both texts being equally authentic, in a single copy to be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe will send certified copy to each Member State of the Council Note * *) Translation. ----------------------------