Controversial Law on the Penitentiary System
Some 530 people have been released from prisons in Romania, and another 3,300 hope to share their fate. Forced by a decision of the European Court of Human Rights, Romania has introduced the law on compensatory appeal
Florentin Căpitănescu, 24.10.2017, 13:53
In April 2017, the European Court of Human Rights (ECHR) took action against Romania, signaling the overcrowding of detention centers and prisons across Romania. The Court recommended additional measures be taken by Romanian authorities in terms of logistics and criminal law, giving Romania a six-month time span to come up with a coherent plan to remedy the situation. Moreover, the ECHR decided to suspend the processing of all notifications that pointed to the inadequate detention conditions in Romania.
Six months later, on October 19, the law on compensatory appeal took effect, stipulating that for every 30 days of served time inmates will get six days written off their sentences. According to the Justice Minister, Tudorel Toader, following the enactment of the law, some 530 people were released, and another 3,300 have a right to make parole.
Minister Toader explained that the latter might address parole commission in prisons or make an appeal in court, and the judge will decide whether or not they will be released on parole. Inmates whove served their full sentence and whove filed complaints at the ECHR might be compensated by the state in the amount of 5 to 8 € for every day served in improper detention conditions. Minister Toader says the measure exists in other European states, as these particular inmates can no longer be pardoned.
Tudorel Toader: “Some prisoners have served the entirety of their sentences and are now home, but their court cases are still pending at the ECHR. They are not eligible for the six-day writeoff, because they have already been released, so we should now compensate them. Im not the one who sets the value. I can give you a few examples: under a similar decision, Hungary set the compensation at 5 €/ day for improper detention conditions, and Italy at 8 €/day. The Court decided the amount is equitable, so the value we will set will be within that range.
On the other hand, the Justice Minister hopes not to see crime escalate after the introduction of the new law. Tudorel Toader has met with the directors of Probation Offices in order to agree on the details linked to the surveillance and social integration of inmates once they are released.
