IMPLEMENTING A NATIONAL PREVENTIVE MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER FORMS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN PLACES OF DETENTION IN ROMANIA
With the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) by Law no. 109/2009, Romania has taken a further step in strengthening the preventive monitoring of places of detention by an independent body as a f...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2012-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_009.pdf |
| _version_ | 1818778537888317440 |
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| author | RADU-FLORIN GEAMANU |
| author_facet | RADU-FLORIN GEAMANU |
| author_sort | RADU-FLORIN GEAMANU |
| collection | DOAJ |
| description | With the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) by Law no. 109/2009, Romania has taken a further step in strengthening the preventive monitoring of places of detention by an independent body as a form of preventing and combating torture and other forms of ill-treatment in different places of detention. Consequently, Romania is to establish a National Preventive Mechanism (NPM) for the prevention of torture and other forms of cruel, inhuman or degrading treatment or punishment in places of detention. The paper will focus on the study of the OPCAT provisions regarding the NPM, aimed at establishing a system of regular visits undertaken by an independent national body to places where people are deprived of their liberty. Due attention will be granted to the existing domestic mechanisms and to the analysis of the legislation of certain European states that already implemented OPCAT.Furthermore, this article will assess the difficulties which the implementation of a NPM in Romania poses, the shortcomings of such an endeavour, with a view to the understanding of the minimum pre-requisites for an effective functioning of such a national body and taking also into consideration the Principles Relating to the Status of National Institutions for the Promotion and Protection of Human Rights (Paris Principles).To close with, the study will attempt to present some recommendations meant to ensure a firm and efficient implementation of the NPM in Romania. |
| first_indexed | 2024-12-18T11:46:18Z |
| format | Article |
| id | doaj.art-eb5a3798397e4ac99ffb05d27bf35b69 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-12-18T11:46:18Z |
| publishDate | 2012-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-eb5a3798397e4ac99ffb05d27bf35b692022-12-21T21:09:17ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962012-05-012-7191IMPLEMENTING A NATIONAL PREVENTIVE MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER FORMS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN PLACES OF DETENTION IN ROMANIARADU-FLORIN GEAMANUWith the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) by Law no. 109/2009, Romania has taken a further step in strengthening the preventive monitoring of places of detention by an independent body as a form of preventing and combating torture and other forms of ill-treatment in different places of detention. Consequently, Romania is to establish a National Preventive Mechanism (NPM) for the prevention of torture and other forms of cruel, inhuman or degrading treatment or punishment in places of detention. The paper will focus on the study of the OPCAT provisions regarding the NPM, aimed at establishing a system of regular visits undertaken by an independent national body to places where people are deprived of their liberty. Due attention will be granted to the existing domestic mechanisms and to the analysis of the legislation of certain European states that already implemented OPCAT.Furthermore, this article will assess the difficulties which the implementation of a NPM in Romania poses, the shortcomings of such an endeavour, with a view to the understanding of the minimum pre-requisites for an effective functioning of such a national body and taking also into consideration the Principles Relating to the Status of National Institutions for the Promotion and Protection of Human Rights (Paris Principles).To close with, the study will attempt to present some recommendations meant to ensure a firm and efficient implementation of the NPM in Romania.http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_009.pdfPlaces of detentionUnited NationsOptional Protocol to the Convention against Torture (OPCAT)National Preventive Mechanism (NPM)Romanian legislationtorture and other forms of cruelinhuman or degrading treatment or punishment |
| spellingShingle | RADU-FLORIN GEAMANU IMPLEMENTING A NATIONAL PREVENTIVE MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER FORMS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN PLACES OF DETENTION IN ROMANIA Challenges of the Knowledge Society Places of detention United Nations Optional Protocol to the Convention against Torture (OPCAT) National Preventive Mechanism (NPM) Romanian legislation torture and other forms of cruel inhuman or degrading treatment or punishment |
| title | IMPLEMENTING A NATIONAL PREVENTIVE MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER FORMS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN PLACES OF DETENTION IN ROMANIA |
| title_full | IMPLEMENTING A NATIONAL PREVENTIVE MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER FORMS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN PLACES OF DETENTION IN ROMANIA |
| title_fullStr | IMPLEMENTING A NATIONAL PREVENTIVE MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER FORMS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN PLACES OF DETENTION IN ROMANIA |
| title_full_unstemmed | IMPLEMENTING A NATIONAL PREVENTIVE MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER FORMS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN PLACES OF DETENTION IN ROMANIA |
| title_short | IMPLEMENTING A NATIONAL PREVENTIVE MECHANISM FOR THE PREVENTION OF TORTURE AND OTHER FORMS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN PLACES OF DETENTION IN ROMANIA |
| title_sort | implementing a national preventive mechanism for the prevention of torture and other forms of cruel inhuman or degrading treatment or punishment in places of detention in romania |
| topic | Places of detention United Nations Optional Protocol to the Convention against Torture (OPCAT) National Preventive Mechanism (NPM) Romanian legislation torture and other forms of cruel inhuman or degrading treatment or punishment |
| url | http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_009.pdf |
| work_keys_str_mv | AT radufloringeamanu implementinganationalpreventivemechanismforthepreventionoftortureandotherformsofcruelinhumanordegradingtreatmentorpunishmentinplacesofdetentioninromania |