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Law No. 35 Of 13 March 1997 Concerning The Organisation And Functioning Of The Ombudsman Institution

Original Language Title:  LEGE nr. 35 din 13 martie 1997 privind organizarea şi funcţionarea instituţiei Avocatul Poporului

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LEGE no. 35 35 of 13 March 1997 (** republished) (* updated *) on the organization and functioning of the Ombudsman institution * *) ((updated until 9 January 2015 *)
ISSUER PARLIAMENT




---------- ---------- ** **) Republicated pursuant to art. 107 107 para. ((3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions, published in the Official Gazette of Romania, Part I, no. 515 515 of 14 August 2013, as amended, giving the texts a new numbering. Law no. 35/1997 was republished in the Official Gazette of Romania, Part I, no. 844 844 of 15 September 2004 and has been amended and supplemented by: - Law no. 383/2007 to amend and supplement art. 36 36 of Law no. 35/1997 on the organization and functioning of the Ombudsman institution, published in the Official Gazette of Romania, Part I, no. 900 900 of 28 December 2007; - Law no. 258/2010 to amend and supplement Law no. 35/1997 on the organization and functioning of the Ombudsman institution, published in the Official Gazette of Romania, Part I, no. 847 847 of 17 December 2010. + Chapter I General provisions + Article 1 (1) The institution of the Ombudsman shall aim to defend the rights and freedoms of individuals in their relations with public authorities. (2) The headquarters of the Ombudsman institution is in Bucharest. + Article 2 (1) The institution of the Ombudsman is autonomous public authority and independence from any other public authority, under the law. (1 ^ 1) The Institution of the Ombudsman, through the Field on the Prevention of Torture and Other Punishments or Cruel, Inhuman or Degrading Treatment in Detention Places, hereinafter referred to as the Field on the Prevention of Torture in Places of detention, performs the specific duties of National Mechanism to prevent torture in places of detention, within the meaning of the Optional Protocol, adopted in New York on 18 December 2002, to the Convention against Torture and Other Punishments or Treatments cruelly, inhuman or degrading, adopted in New York on 10 December 1984, ratified by Law no. 109/2009 , hereinafter referred to as optional Protocol. ----------- Alin. ((1 ^ 1) of art. 2 2 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. (2) In the exercise of his duties, the Ombudsman does not substitute for public authorities. (3) The Ombudsman may not be subject to any imperative or representative mandate. No one may oblige the Ombudsman to obey his instructions or provisions. + Article 3 (1) The activity of the Ombudsman, his deputies and the employees working under their authority has a public character. (2) At the request of persons injured in their rights and freedoms or due to good reasons, the Ombudsman may decide on the confidential nature of his activity. + Article 4 Public authorities are obliged to communicate or, as the case may be, to make available to the institution the Ombudsman, under the law, information, documents or documents they hold in relation to petitions that have been addressed to the institution The Ombudsman, as well as those relating to the ex officio referrals and the announced or unannounced visits that he carries out for the performance of the duties specific to the National Mechanism for the Prevention of Torture in the places of detention, granting him support for the exercise of his duties ----------- Article 4 has been amended by section 4. 2 2 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 5 (1) The Ombudsman presents, in the joint sitting of the two Houses of Parliament, reports, annually or at their request. The reports must include information on the work of the Ombudsman institution. They may contain recommendations on amending legislation or other measures to protect the rights and freedoms of natural persons. (. The annual report shall cover the activity of the institution for a calendar year and shall be submitted to the Parliament by 1 February of the following year, with a view to its discussion at the joint meeting of the two Chambers The annual report is released. + Chapter II Mandate of the Ombudsman + Article 6 (1) The Ombudsman is appointed for a duration of 5 years by the Chamber of Deputies and the Senate at the joint meeting. The mandate of the Ombudsman may be renewed once. (2) Any Romanian citizen who meets the conditions of appointment provided for judges to the Constitutional Court may be appointed Ombudsman of the People. + Article 7 (1) The candidates ' proposals shall be made by the permanent offices of the Chamber of Deputies and the Senate, at the recommendation of the parliamentary groups of the two Houses of Parliament (2) The candidates will be heard by the legal committees of the Chamber of Deputies and the Senate For the hearing, each candidate will submit the documents resulting in the fulfilment of the conditions provided by the Constitution and the present law to be appointed Ombudsman. Candidates will be present at the debates. (3) The candidate who received the highest number of votes of the deputies and senators present shall be appointed as the Ombudsman of the People. + Article 8 (1) The Ombudsman's mandate shall be exercised from the date of submission, before the presidents of the two Houses of Parliament, of the following oath: " I swear to respect the Constitution and the laws of the country and to defend the rights and freedoms of citizens, fulfilling in good faith and impartiality the duties of Ombudsman. So help me God! " (2) The oath may also be filed without the religious formula. (3) The refusal of the swearing-in shall prevent the entry into office of the Ombudsman and open the procedure for the appointment of another person. (4) The mandate of the Ombudsman lasts until the swearing-in of the new Ombudsman. + Article 9 (1) The mandate of the Ombudsman ceases before the deadline in case of resignation, revocation from office, incompatibility with other public or private functions, impossibility to perform his duties more than 90 days, ascertained by examination medical specialist, or in case of death. (2) The return from office of the Ombudsman, following the violation of the Constitution and the laws, shall be made by the Chamber of Deputies and the Senate, at the joint meeting, with the vote of the majority of the deputies and senators present, at the proposal of the permanent offices of the two Houses of Parliament, on the basis of the joint report of the legal committees of the two Houses of Parliament. (3) Resignation, incompatibility, failure to perform the function or death shall be found by the permanent offices of the two Houses of Parliament, no later than 10 days after the occurrence of the case that determines the termination of the mandate The Ombudsman. (4) The Ombudsman, fulfilling the conditions of appointment provided for judges at the Constitutional Court, on the date of retirement or recalculation of the previously established pension, benefit from a pension calculated similar to that of the judges of the Court Constitutional. (5) The period of fulfilment of the office of Ombudsman is seniority in the judiciary and seniority in legal specialty. ----------- Alin. ((5) of art. 9 9 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Chapter III Deputies of the Ombudsman + Article 10 (1) The Ombudsman shall be assisted by deputies, specialized in the following fields of activity: a) human rights, equal opportunities between men and women, religious cults and national minorities; b) the rights of the child, family, youth, pensioners, persons with disabilities; c) army, justice, police, penitentiaries; d) property, work, social protection, taxes and fees. e) the prevention of torture and other cruel, inhuman or degrading treatment or punishment in places of detention. ----------- Lit. e) a par. ((1) of art. 10 10 was introduced by section 4.2. 4 4 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. (2) The deputies of the Ombudsman perform both their duties according to the field of specialization and any other duties entrusted to them by the Ombudsman. (3) The deputies of the Ombudsman meet, in the order established by the Ombudsman, his duties in case of temporary impossibility of exercising the office. + Article 11 (1) The deputies of the Ombudsman are appointed for a period of 5 years by the permanent offices of the Chamber of Deputies and the Senate, at the proposal of the Ombudsman, with the opinion of the legal committees of the two Houses of Parliament. The conditions for the position of deputy of the Ombudsman shall be established by the Regulation on the organization and functioning of the Ombudsman institution. (2) The position of deputy of the Ombudsman is assimilated to the office of Secretary of State. (3) The mandate of the deputies of the Ombudsman shall be exercised from the date of filing, before the Ombudsman and a member of the permanent offices of the Chamber of Deputies and the Senate, empowered for this, of the following oath: " I swear to respect the Constitution and the laws of the country and to defend the rights and freedoms of citizens, fulfilling in good faith and impartiality the duties of deputy of the Ombudsman. So help me God! " (4) The oath may also be filed without the religious formula. (5) The refusal of the swearing-in shall prevent the entry into office of the Deputy Ombudsman and open the procedure for the appointment of another person. (6) The mandate lasts until the swearing-in of the new deputy of the Ombudsman and may be renewed once. (7) The period of fulfilment of the position of deputy of the Ombudsman by graduates of faculties with legal profile is seniority in the magistracy. The period of fulfilment of the position of deputy of the Ombudsman by graduates of faculties with a profile other than the legal one constitutes seniority in the specialty of graduate studies. (8) The resignation, incompatibility, failure to perform the function or death shall be found by the Ombudsman and shall be communicated to the permanent offices of the Chamber of Deputies and to the Senate, no later than 30 days after the occurrence of the Terminate the Deputy's mandate. Until the appointment of a new deputy, his duties will be delegated, by order of the Ombudsman, to a person within the specialized staff. (9) The appointment of the deputies of the Ombudsman shall be published in the Official Gazette of Romania, Part I. + Article 12 The Ombudsman's deputies shall perform the following tasks: a) coordinate the activity in their field of activity; b) inform the Ombudsman about the activity in their field of activity; c) apportion petitions within their fields of activity; d) endorse the reports, recommendations, as well as any other acts subject to the approval of the Ombudsman; e) meet, in the order established by the Ombudsman, his duties in case of temporary impossibility of exercising the office; f) perform any other duties established by the Ombudsman, within the limits of the law. + Chapter IV Powers of the Ombudsman + Article 13 (1) The Ombudsman has the following tasks: a) coordinates the activity of the Ombudsman; a ^ 1) coordinates the activity of preventing torture in places of detention, carried out through the Field on the prevention of torture in places of detention; ---------- Lit. a ^ 1) a par. ((1) of art. 13 13 was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. a ^ 2) approve the visit reports drawn up in the framework of the torture prevention activity; ---------- Lit. a ^ 2) a par. ((1) of art. 13 13 was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. a ^ 3) approve the recommendations accompanying the visit reports drawn up in cases where, following the visits, irregularities are noticed; ---------- Lit. a ^ 3) a par. ((1) of art. 13 13 was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. b) decides on petitions made by individuals harmed by violation of their rights or freedoms by public administration authorities; c) verify the activity of legal resolution of the petitions received and request the authorities or officials of the public administration concerned to terminate the violation of the rights and freedoms of individuals, reinstatement of the petitioner and repairing damage; d) formulate points of view, at the request of the Constitutional Court; e) may refer the unconstitutionality of the laws to the Constitutional Court before their promulgation; f) may refer directly to the Constitutional Court with the exception of unconstitutionality of laws and ordinances; g) represents the institution of the Ombudsman before the Chamber of Deputies, the Senate and the other public authorities, as well as in relations with natural or legal persons; h) hires the employees of the Ombudsman institution and exercises the right of disciplinary authority over them; i) exercise the position of principal authorising officer, assigning that he may delegate in compliance with the legal provisions on public finances; j) may refer the matter to the administrative court, under the law of administrative litigation; k) performs other duties provided by law. (2) The Ombudsman may delegate the exercise of these duties to his deputies or to persons with management positions within the institution. + Article 14 (1) The institution of the Ombudsman shall exercise his or her duties ex officio or at the request of natural persons, Law no. 31/1990 , republished, with subsequent amendments and completions, of associations or other legal entities, as well as unannounced, by making visits to places of detention, according to the law. ----------- Alin. ((1) of art. 14 14 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. (2) Petitions may be addressed by persons referred to in par. (1), without distinction of citizenship, age, sex, political affiliation or religious beliefs. + Article 15 (1) Petitions addressed to the institution The Ombudsman must be made in writing and indicate the name and domicile of the individual harmed in its rights and freedoms, violated rights and freedoms, as well as the administrative authority or the civil servant concerned. The petitioner must prove the delay or refusal of the public administration to legally settle the petition. (2) The anonymous petitions may not be taken into account, and petitions directed against the violation of the rights and freedoms of individuals by acts or acts of the public administration authority shall be addressed to the institution Later than one year after the date on which these infringements occurred, or from the date on which the person concerned became aware of them. ((2 ^ 1) Citizens belonging to national minorities, residing or residing in administrative-territorial units in which they have a share of more than 20% of the inhabitants, may present petitions in their mother tongue and are answered in Romanian and in mother tongue. ----------- Alin. (2 ^ 1) of art. 15 15 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. (3) The Ombudsman may reject motivated manifestly unfounded petitions or ask for additional data for the analysis and resolution of petitions. (4) They are not subject to the activity of the Ombudsman institution and will be rejected without motivation the petitions regarding the acts issued by the Chamber of Deputies, the Senate or the Parliament, the acts and deeds of the deputies and senators, of the President of Romania, The Constitutional Court, the President of the Legislative Council, the judicial authority, as well as the Government, with the exception of laws and ordinances. + Article 16 Petitions addressed to the institution The Ombudsman is exempt from stamp duty. + Article 17 (1) The management of prisons, juvenile re-education centres, prison hospitals, as well as the Public Ministry and police bodies are obliged to allow, without any restriction, to persons serving the prison sentence or, after case, are arrested or detained, as well as minors in the reeducation centers to address, in any way, the institution of the Ombudsman regarding the damage of their rights and freedoms, except for legal restrictions. (2) The same obligation lies with the commanders of the military units, in respect of persons who carry out military duties, with regard to the damage of their rights and freedoms, except for legal restrictions. + Article 17 ^ 1 (1) The management of the detention places provided in art. 29 ^ 2 is obliged to allow, without any restriction, to persons who are deprived of liberty, on the basis of a decision of an authority, to address, in any way, to the institution the Ombudsman on the damage of their rights and freedoms, except for legal restrictions. (2) In order to carry out the duties of the Ombudsman, the administration of the places of detention provided in art. 29 ^ 2 is obliged to provide access to the Ombudsman, to the Deputy of the Field on the prevention of torture in places of detention, as well as of the representatives of the institution, without any restriction, in all places of detention subject monitoring, for the making of visits, announced or unannounced, as well as of the investigations ordered in order to solve the petitions received. (3) Petitions with regard to acts of torture, cruel, inhuman or degrading treatment in places of detention shall be settled, depending on the issue referred to, by the Field on the prevention of torture in places of detention in collaboration with the other structures of the Ombudsman institution. (4) The provisions of this law are made available to persons deprived of liberty, in Romanian or in the language they understand, immediately after receiving in the places of detention. ------------ Article 17 ^ 1 was introduced by item 1. 8 8 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 18 If the institution of the Ombudsman finds that the settlement of the petition with which it was noticed is the competence of the judicial authority, it can address, as the case may be, the Minister of Justice, the Superior Council of Magistracy, the Public or the president of the court, who is obliged to communicate the measures taken. + Article 19 In the case of the complaint regarding the exception of unconstitutionality of the laws and ordinances referring to the rights and freedoms of individuals, the Constitutional Court will also request the point of view of the Ombudsman institution. + Article 20 (1) The Ombudsman and his deputies shall have access, under the law, to classified information held by public authorities, insofar as they deem it necessary for the settlement of petitions addressed to them, as well as ex officio referrals and announced or unannounced visits that they carry out for the performance of their duties specific to the National Torture Prevention Mechanism in places of detention. ----------- Alin. ((1) of art. 20 20 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. (2) The Ombudsman has the obligation not to disclose or not to make public the secret information or documents to which he had access. This obligation is also maintained after the termination of his activity as a Ombudsman and extends to his deputies, as well as to the staff in his services, under the sanction provided by the criminal law. + Article 21 (1) In the exercise of his duties, the Ombudsman issues recommendations. (2) Through the recommendations issued, the Ombudsman notifies the public administration authorities of the illegality of administrative acts or acts. The silence of public administration bodies and the late issuance of documents are assimilated. (3) The recommendations of the Ombudsman in the Field on the prevention of torture in places of detention issued in case of finding irregularities are aimed at removing them, improving the treatment and detention conditions of persons deprived of liberty, the prevention of torture and punishments or inhuman or degrading treatment. ----------- Alin. ((3) of art. 21 21 has been introduced by section 10 10 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 22 (1) The Ombudsman, his deputies, as well as the specialized staff of the institution The Ombudsman have the right to make their own inquiries, to ask the public administration authorities for any information or documents necessary for the investigation, to hear and take statements from the heads of public administration authorities and any official who may give the necessary information to the resolution of the petition, under the conditions of this law. (2) Provisions of para. ((1) shall apply to public administration authorities, public institutions, as well as to any public services under the authority of public administration authorities. + Article 23 (1) If, following the examination of the petitions received, it is found that the petition of the injured individual is founded, the institution of the Ombudsman will address in writing to the authority of the public administration that violated the rights of the individual and will ask to reform or revoke the administrative act and repair the damage caused, as well as to repeat the individual injured in the previous situation. (2) The public authorities concerned shall immediately take the necessary measures to remove the irregularities found, repair the damage and remove the causes that have generated or have favored the violation of the rights of the injured person and will inform about this institution the Ombudsman. + Article 24 (1) If the authority of public administration or civil servant does not remove, within 30 days from the date of referral, the illegalities committed, the institution of the Ombudsman shall be addressed to the authorities of the hierarchical public administration superior, who are obliged to communicate to him, within no more than 45 days, the measures taken. (2) If the public authority or civil servant belongs to the local public administration, the Ombudsman shall be addressed to the prefect. From the date of submission of the complaint to the prefect of the county flows a new term of 45 days. + Article 25 (1) The Ombudsman is entitled to notify the Government of any illegal administrative act or fact of the central public administration and of the prefects. (2) The non-adoption by the Government, within no more than 20 days, of the measures regarding the illegality of the acts or administrative acts reported by the Ombudsman shall be communicated to the Parliament. + Article 26 (1) The institution of the Ombudsman shall inform the person who addressed the petition the way of settlement. It can be made public by the Ombudsman by means of mass information, with the consent of the person or interested persons and in compliance with the provisions of art. 20 on intelligence and secret documents. (2) If the Ombudsman finds, on the occasion of the investigations undertaken, gaps in legislation or serious cases of corruption or non-compliance with the laws of the country, he will present a report, containing the findings, to the presidents of the two Chambers of Parliament or, as the case may be, Prime Minister. + Article 27 The Ombudsman can be consulted by the initiators of draft laws and ordinances, which, through the content of the regulations, concern the rights and freedoms of citizens, provided by the Romanian Constitution, by the regarding the fundamental human rights, to which Romania is a party. + Article 28 The provisions of this law also apply to the administrative acts of autonomous regions. + Article 29 (1) The institution of the Ombudsman shall organize territorial offices, in order to carry out its duties, according to this law, according to the annex that is an integral part of this law. The presidents of the county councils and mayors will provide the necessary spaces for the functioning of (1 ^ 1) The territorial offices of the institution The Ombudsman who have their headquarters or carry out their audience activities in the administrative-territorial units where citizens belonging to national minorities have a share of over 20% of the number the inhabitants also ensure the use of the language of the respective national minorities, in writing and orally, in relations with ----------- Alin. ((1 ^ 1) of art. 29 29 has been introduced by section 11 11 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. (2) In reasoned situations, the Ombudsman will be able to establish the headquarters of the territorial office and in another city than the county seat city, within the jurisdiction of the appellate court. + Chapter IV ^ 1 Activity in the field of torture prevention in places of detention ----------- Head. IV ^ 1 was introduced by section 4.2. 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 1 (1) The institution of the Ombudsman is the only national structure designated to exercise the powers provided for by the Optional Protocol, adopted in New York on 18 December 2002, to the Convention against Torture and Other Cruel Treatment or Punishment, inhuman or degrading, adopted in New York on 10 December 1984, ratified by Law no. 109/2009 . (2) For the purposes of this Law, the Subcommittee on Prevention shall mean the Subcommittee to Prevent Torture and Punishment or Inhuman or Degrading Treatment, established by the Optional Protocol. ----------- Article 29 ^ 1 has been introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 2 (1) Within the meaning of this law, a place of detention means any place where persons are deprived of liberty on the basis of a decision of an authority, at its request or with its express or tacit agreement. (2) The deprivation of liberty means any form of detention or imprisonment or the placement of a person in a public or private place of detention that he cannot leave according to his will, by the decision of any judicial, administrative or other authority nature. (3) For the purposes of this law, there are places of detention or, as the case may be, places where the institution of the Ombudsman exercises his duties on the prevention of torture a) penitentiaries, including hospital prisons; b) educational centers, detention centers; c) preventive detention and arrest centers; d) residential services for minors who have committed criminal acts and do not respond criminally; e) psychiatric hospitals and for safety measures, psychiatric hospitals; f) transit centres; g) accommodation centers of foreigners taken into public custody, subordinated to and administration of the General Inspectorate for Immigration; h) special centers for the reception and accommodation of asylum seekers subordinated to the General Inspectorate for Immigration, having the legal regime of the transit zone; i) the centres in which assistance services are provided for drug users, in closed mode; j) any other place that meets the conditions provided in par. ((1) or is part of the health system or social assistance system. ----------- Article 29 ^ 2 has been introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Section 2 Tasks of the Domain on the prevention of torture in places of detention ----------- Section 2 was introduced by section 2. 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 3 The field of torture prevention in places of detention regularly monitors the treatment of people in places of detention in order to strengthen their protection against torture and inhuman punishment and treatment. or degrading and exercising indiscriminately their fundamental rights and freedoms by: a) visitation, announced or unannounced, of places of detention in order to verify the conditions of detention and treatment of inmates; b) making recommendations to the management of the places of detention visited upon visits; c) the formulation of proposals to amend and supplement the legislation in the field or observations on existing legislative initiatives in the field, under the conditions of art. 27 27; d) preparation of the project part regarding the prevention of torture of the annual activity report of the Ombudsman; e) the formulation of proposals and observations on the elaboration, modification and completion of public strategies and policies in the field of prevention of torture and inhuman or degrading treatment or punishment, under the law; f) liaising with the Prevention Sub-Committee; g) analysis, implementation, monitoring and evaluation, under the leadership of the Ombudsman, of the international technical and financial assistance programs for the realization of the scope of the Domain on the prevention of torture in places of detention; h) coordination of the organization of information, education and training campaigns in order to prevent torture and punishment or treatments applied with cruelty, inhuman or degrading; i) performs any other duties established by the Ombudsman, within the limits of the law. ----------- Art. 29 ^ 3 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Section 3 Organization of the activity of prevention of torture and treatment with cruelty, inhuman and degrading within the places of detention ----------- The 3rd section was introduced by section 3. 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 4 (1) The field of torture prevention in places of detention is organized in the central structure and territorial structure. (2) The central structure includes the Bucharest Zonal Center. The territorial structure consists of 3 area centers. (3) The Ombudsman shall establish by order the places in which the area centres and the counties entering the area of their competence are located, as well as the criteria for selecting the personnel of the Domain on the Prevention of Torture in places of detention. (4) Representatives of non-governmental organizations active in the field of human rights protection, selected on the basis of activity, by the Ombudsman will participate in carrying out the torture prevention activity. ----------- Art. 29 ^ 4 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 5 (1) In order to carry out the activities of the Domain on the prevention of torture in places of detention, at the level of the central structure, external collaborators of specialties other than those employed permanently, on the basis of contracts of service provision. External collaborators are selected by the Ombudsman, based on the proposals received from the Romanian College of Physicians, the Romanian College of Psychologists, the Society of Sociologists of Romania, the National College of Social Assistants or to other professional associations to which I belong. (2) During the performance of their duties, external collaborators shall be subject to the duties of the staff of the institution regarding the preservation of the confidentiality of the works and the other internal discipline rules of the institution. (3) In carrying out activities specific to the Domain on the prevention of torture in places of detention, the members of the visiting teams are independent. (4) In addition to the Deputy Ombudsman, for the field on the prevention of torture in places of detention, within the central structure of the Domain, including the Bucharest Zonal Center, a number of 11 employees which: 4 specialized personnel of specialized execution with legal studies, 3 specialists-doctors, psychologists, social workers, sociologists or any other professions necessary to carry out specific activity and 4 employees financially, payroll, human and administrative resources. ---------- Alin. ((4) of art. 29 ^ 5 was introduced by section 5.1. 1 1 of art. unique from LAW no. 181 181 of 29 December 2014 published in MONITORUL OFFICIAL no. 6 of 6 January 2015, which completes the item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. ---------- Art. 29 ^ 5 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 6 (1) In order to carry out the activities of the Domain on the prevention of torture in places of detention, at the level of the territorial structure, external collaborators of specialties other than those employed permanently, on the basis of contracts of service provision. The external collaborators from the territorial level are selected by the Ombudsman, based on the proposals received from the Romanian College of Physicians, the Romanian College of Psychologists, the Society of Sociologists of Romania, the National College of Social Assistants or other professional associations to which they belong. (2) Provisions art. 29 ^ 5 para. (3) shall also apply to external collaborators co-opted at the level of the territorial structure. (3) Within the 3 area centers in the territorial structure of the Domain on the prevention of torture in places of detention, a number of 12 employees operate. Each zonal center has in its composition: a personal specialized execution employee with legal studies, 2 specialists-doctors, psychologists, social workers, sociologists or any other professions necessary to carry out specific activity and an employee --administrative staff. ---------- Alin. ((3) of art. 29 ^ 6 was introduced by section 6. 1 1 of art. unique from LAW no. 181 181 of 29 December 2014 published in MONITORUL OFFICIAL no. 6 of 6 January 2015, which completes the item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. ---------- Art. 29 ^ 6 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Section 4 Conduct of visits to places of detention ----------- The 4th sect was introduced by section 4. 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 7 (1) Visiting teams shall carry out announced or unannounced visits to places of detention covered by this law. (2) The visiting team has in its composition at least one doctor, depending on the necessary specialization, and a representative of the non-governmental organizations among those provided in art. 29 ^ 4 para. ((4). ((3) Visits are carried out ex officio, on the basis of an annual visitation plan, proposed by the Deputy Ombudsman for the Field on the Prevention of Torture in places of detention and approved by the Ombudsman or unannounced or on the basis of the referral of any person or the taking of knowledge in any way about the existence of a torture or treatment with cruelty, inhuman or degrading treatment at a place of detention. (4) In order to draw up the annual visit plan, at least the following criteria shall be considered: a) types of existing places of detention; b) the geographical distribution of places of detention; c) the complaints received on the existence of a torture situation or the cruel, inhuman or degrading treatment; d) the known vulnerability of certain types of places of detention; e) previous reports of the Domain on the prevention of torture in places of detention and other fields of activity within the institution. ----------- Article 29 ^ 7 was introduced by the section 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 8 (1) The visited institutions are obliged to make available to the representatives of the visiting team, under the law, before, during or after the visit, any documents or information that are at their disposal or that they may procure, requested by them for the purpose of fulfilling legal duties. (2) The management of the places of detention visited is obliged to provide assistance and to meet with members of the visiting team, in order to achieve the purpose of the visit ----------- Art. 29 ^ 8 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 9 (1) For the performance of legal duties, members of the visiting team may have meetings in conditions of confidentiality with any person deprived of their liberty within the visited institution. (2) At the request of the members of the visiting team, the visited institution is obliged to provide a suitable place for the conduct of the meeting. ((3) The meetings shall take place only with the consent of the person deprived of liberty or his legal representative and shall be confidential. (4) Representatives of the place of detention may not participate in the meeting except at the express request of the members of the visiting team and only in order to ensure their protection. In this case, representatives of the place of detention will provide only visual surveillance, in compliance with the confidentiality of the meeting. (5) The name and other personal data of the person interviewed may not be made public except with the prior written consent of it or its legal representative. (6) For the conduct of meetings with persons who do not understand or speak the Romanian language will ensure the presence of an interpreter, the costs of the interpretation being borne from the funds allocated to the Domain activity regarding the prevention of torture in places of detention. (7) Members of the visiting team may request meetings with any other person who they appreciate may provide pertinent information with the consent of the visiting team. ----------- Article 29 ^ 9 was introduced by the section 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 10 No person can be held liable for the information communicated to members of the visiting team. ----------- Art. 29 ^ 10 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 11 ((1) The findings resulting from the visits are contained in a visit report which, in cases where irregularities are noticed, is accompanied by reasoned recommendations in order to improve the treatment and conditions of private individuals. freedom and the prevention of torture and punishment or inhuman or degrading treatment. (2) The visiting report shall be drawn up by the members of the visiting team within a maximum of 30 days from the date of its completion and shall be approved by the Ombudsman. ----------- Art. 29 ^ 11 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 12 (1) The visited institution has the obligation to transmit within 30 days a reasoned response on the proposals and recommendations contained in the visit report, with the indication of the point of view compared to those found, of the reasoned term in which they will measures shall be taken to comply with their content or, where appropriate, the reasons for which they cannot comply. (2) For good reasons, the 30-day period provided in par. (1) may be extended for another 30 days, with the approval of the Deputy Ombudsman for the Field on the prevention of torture in places of detention. (3) If the institution concerned does not comply, the Ombudsman or, as the case may be, the Deputy Ombudsman for the Field on the Prevention of Torture in the places of detention will inform on this aspect the superior hierarchical authority or the authority of the local or central public administration that issued the operating authorization, in the case of private detention places, and may act according to the provisions of this law and of the Regulation of organization and functioning of Institution of the Ombudsman. ----------- Article 29 ^ 12 has been introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 13 The visit report, as well as the reasoned response provided in art. 29 ^ 12, when it has been transmitted, are public and shall be displayed on the website of the institution concerned by it, of the superior hierarchical authority or to the authority of the local or central public administration that issued the authorization functioning, as well as the Ombudsman, with the exception of those parties concerning personal data or classified information. ----------- Art. 29 ^ 13 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 14 (1) In cases where a violation of human rights is found by torture or cruel, inhuman or degrading treatment that produces an imminent risk of damage to a person's life or health, a preliminary report shall be drawn up. as a matter of urgency. (2) The deadline for the preparation and adoption of the preliminary report is 3 days and may be extended for reasons based on another 3 days. (3) The institutions concerned shall be obliged to comply with the urgency of the proposals and recommendations or to formulate an answer under the conditions laid down in art. 29 29 ^ 12 within a maximum of 3 calendar days. ----------- Art. 29 ^ 14 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 15 The Ombudsman has the obligation to immediately notify the judicial bodies when, in the exercise of his duties, he finds the existence of indications regarding the commission of facts provided by the criminal law. ----------- Art. 29 ^ 15 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 16 (1) The Deputy Ombudsman for the Field on the Prevention of Torture in Detention shall draft the draft annual report on the activity of the field, part of the annual report of the institution submit for approval to the Ombudsman. (2) The annual report includes: the analysis and conclusions of the visits carried out during that year; the proposals and recommendations made; the measures taken by the national authorities on them; proposals to improve the legislative framework in the field of activity, as well as any other data or information relevant to the work of the Domain on the prevention of torture in places of detention. (3) The activity report of the Domain on the prevention of torture in places of detention is part of the Annual Report that the Ombudsman presents in the joint sitting of the two Houses of Parliament. ----------- Art. 29 ^ 16 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Section 5-a Liaising with the Torture Prevention Sub-Committee ----------- Section 5 has been introduced by section 5. 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 17 In the exercise of his duties, the Ombudsman or, as the case may be, the Deputy Ombudsman for the Prevention of Torture maintains the connection with the Subcommittee on the Prevention of Torture, sends it information and meets its members. ----------- Art. 29 ^ 17 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 18 Specialized execution personnel with legal studies and specialists can benefit from professional training and technical assistance from the Torture Prevention Subcommittee, under the conditions of the optional protocol. ----------- Art. 29 ^ 18 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 29 ^ 19 The financing of current and capital expenditures of the activity to prevent torture and cruel, inhuman or degrading treatment shall be ensured from the state budget, and the funds intended for it are part of the budget of the institution People. ----------- Art. 29 ^ 19 was introduced by item 12 12 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Chapter V Liability, incompatibilities and immunities + Article 30 The Ombudsman and his deputies do not respond legally for the opinions expressed or for the acts they meet, in compliance with the law, in the exercise of the duties provided by this law. + Article 31 (1) During the term of office, the Ombudsman may be pursued and sent to criminal judgment for acts, other than those provided for in art. 30, but cannot be detained, searched, arrested at home or remanded in custody without the consent of the presidents of the two Houses of Parliament. (2) The deputies of the Ombudsman may be followed and sent to criminal judgment for acts, other than those provided for in art. 30, but cannot be detained, searched, arrested at home or remanded in custody without prior notice of the Ombudsman. (3) If the Ombudsman or his deputies are arrested or sent to criminal judgment, they will be suspended from office, by law, until the judicial decision remains final. + Article 32 (1) During the exercise of office, the Ombudsman and his deputies may not be members of a political party and may not perform any other public or private office, except for activities and teaching positions in higher education. (2) The incompatibilities provided in par. ((1) shall also apply to staff with specialist management and execution functions. + Chapter VI Services of the institution + Article 33 The organizational structure, the state of functions and the number of personnel necessary for the activity of the institution are approved by the Ombudsman, within the annual budget + Article 33 ^ 1 Within the institution the Ombudsman is organized, in addition to the fields of activity, the following: a) Constitutional litigation, appeal in the interest of the law, administrative and legal litigation, analysis of normative acts, external relations and communication, under the direct subordination of the Ombudsman, led by a head of service, who coordinates: Constitutional office and appeal in the interest of the law, Administrative and Legal Office and Bureau of normative acts, external relations and communication. b) The financial bureau, payroll and human resources and the administrative office. The managing director directs and responds to the activity of the financial bureau, payroll and human resources and the administrative office. ------------ Art. 33 ^ 1 was introduced by item 13 13 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. + Article 34 The management and specialized execution functions in the apparatus of the Ombudsman institution shall be handled by competition, under the conditions of law. *) + Article 35 Violation of the provisions of this law or of the Regulation on organization and functioning of the institution The Ombudsman by its staff attracts criminal, disciplinary or administrative liability, as the case may be The disciplinary liability is established according to the Regulation of organization and functioning of the Ombudsman institution. + Chapter VII Transitional and final provisions + Article 36 (1) The institution of the Ombudsman has its own budget, which is an integral part of the state budget. A fund at the disposal of the Ombudsman can be approved by the annual budgetary laws for the granting of aid. (2) The draft budget is approved, with the advisory opinion of the Ministry of Public Finance, by the Ombudsman and shall be submitted to the Government to be included distinctly in the draft state budget subject to legislation. The Ombudsman's objections to the Government's draft budget are presented to Parliament for resolution. (3) The office of the Ombudsman is assimilated as rank, payroll and conditions of retirement with the office of minister, and the position of deputy of the Ombudsman is assimilated as rank, payroll and retirement conditions with the office of Secretary of state, duly benefiting from all their rights. The management and specialized execution functions are assimilated with those in the Parliament apparatus. The Ombudsman's deputies are appointed for a 5-year term, a mandate that can be renewed only once. (3 ^ 1) The activity carried out by the specialized execution personnel with legal studies within the institution The Ombudsman is seniority in the specialty of graduate studies and in the magistracy, under the conditions provided by the provisions art. 86 86 of Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions. ----------- Alin. (3 ^ 1) of art. 36 36 has been introduced by section 14 14 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. (3 ^ 2) The management and execution staff of a specialized other than the legal one within the institution The Ombudsman benefits from seniority in the specialty of graduate studies. ----------- Alin. (3 ^ 2) of art. 36 36 has been introduced by section 14 14 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. (4) The Ombudsman and the deputies of the Ombudsman who do not have domicile nor the personal property dwelling in the city of Bucharest benefit, from the date of appointment, from the settlement of accommodation and transport expenses from the locality from home to work in Bucharest, under the law. ----------- Alin. ((4) of art. 36 36 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 48 48 of 26 June 2014 published in MONITORUL OFFICIAL no. 485 485 of 30 June 2014. (5) The Government and the General Council of the Municipality of Bucharest will provide the Ombudsman with the necessary headquarters for its functioning. (6) The guard of the institution of the Ombudsman shall ensure, free of charge, by the Romanian Gendarmerie. + Article 37 (1) If a magistrate is elected as the Ombudsman, the reservation of his post is mandatory. (2) If the Deputy of the Ombudsman is appointed a judge, a prosecutor, a lawyer, a notary, a legal adviser, an economist or a person who performs other assimilated functions, the reservation of his/her post is obligatory. + Article 38 The regulation of organization and functioning of the institution Ombudsman is approved by the permanent offices of the Chamber of Deputies and the Senate, at the proposal of the Ombudsman. + Annex TERRITORIAL OFFICES OF THE INSTITUTION ┌ -------- ----------------------------------------------- | | No. | | Counties located in | | Office | Headquarters | territorial competence | ├ -------- 留言 | 加入好友 | | 1. | Alba Iulia | Alba, Sibiu, Hunedoara | ├ -------- 留言 | 加入好友 | 2. | Pitesti | Arges, Valcea | ├ -------- 留言 | 加入好友 | | 3. | Bacau | Bacau, Neamt | ├ -------- 留言 | 加入好友 | | Four. | Oradea | Bihor, Satu Mare | ├ -------- 留言 | 加入好友 | | Five. | Suceava | Suceava, Botosani | ├ -------- 留言 | 加入好友 | | Six. | Brasov | Brasov, Covasna | ├ -------- 留言 | 加入好友 | | Seven. | Slobozia | Calarasi, Giurgiu, Ialomita, Ilfov, Teleorman | ├ -------- 留言 | 加入好友 | | 8. | Cluj-Napoca | Cluj, Bistrita-Nasaud, Maramures, Salaj | ├ -------- 留言 | 加入好友 | | 9. | Constanta | Constanta, Tulcea | ├ -------- 留言 | 加入好友 | | 10. | Craiova | Dolj, Gorj, Mehedinti, Olt | ├ -------- 留言 | 加入好友 | | 11. | Galati | Galati, Braila, Vrancea | ├ -------- 留言 | 加入好友 | | 12. | Iasi | Iasi, Vaslui | ├ -------- 留言 | 加入好友 | | 13. | Targu Mures | Mures, Harghita | ├ -------- 留言 | 加入好友 | | 14. | Ploiesti | Prahova, Buzau, Dambovita | ├ -------- 留言 | 加入好友 | | 15. | Timisoara | Timis, Arad, Caras-Severin | └ -------- ----------------------------------------------- NOTE: We reproduce below the provisions art. III of Law no. 258/2010 to amend and supplement Law no. 35/1997 on the organization and functioning of the institution of the ombudsman, which are not incorporated in the Law no. 35/1997 and which continue to apply as own provisions of the amending act: "" Art. III. -On the date of entry into force of this Law, any other provisions to the contrary shall be repealed. ' -------