During the visit made to the Penitentiary no. 10 in the context of the International Family Day, Maia Bănărescu and the representatives of the Child Rights Department discussed with the minors in state custody about the problems they face, the needs they have. As a result of the discussions, several impediments in the full realization of the rights of minors were identified. The children invoked the insufficiency of food and its low quality, the poor quality of the water, which has an unpleasant smell, the lack of a diversified menu and adapted to the needs of raising and training children, the lack of fruits in the daily menu. Some children complained of allergic reactions to lactose, which is ignored by the prison administration.
Problems were found in realizing the right to education of juvenile detainees. Children who have completed 9th grade cannot continue their studies in high school. APDC has made recommendations on this shortcoming in its previous reports, which have so far remained unresolved. The teaching of the classes takes place only in Romanian, despite the fact that there are also minor Russian speakers in the institution. Children are not provided with school supplies for classes and homework. They complained that during the year of study they were not taught history, even though they will have an exam in this discipline.
Some children are not involved in the educational process or in professional training courses. In the penitentiary, there is no sports equipment necessary for their free time. The detainees informed the Child Ombudsman that they would like to attend the courses of locksmith-car, mechanic-car, welder, but they are not currently organized at the penitentiary.
Issues related to the observance of the right to health were stated. Some children said that they often have headaches, back and teeth, sleep disorders, but are not examined by doctors. For any health problems, they are only offered headache pills. The request to be transferred within the penitentiary institution no. 16 Pruncul, for investigation and treatment, are usually denied or ignored. At the same time, the children said that they are not clearly informed about their health problem and the treatment they are going to receive. A difficult situation is attested in relation to children with mental and behavioral disorders. In general, during the pandemic period, the provisions regarding informing parents about children’s health problems are violated.
The children also complained about the conditions of detention, mentioning that the mattresses, pillows are dirty, damaged and smelly, and cases of infections were reported. The common areas (corridors) after 22.00 are not illuminated.
Another problem stated is that minors do not receive the necessary for personal hygiene (soap, toothpaste and toothbrush, detergent, shampoo, etc.), personal hygiene products being offered only once every half year.
The Child Ombudsman also found that juveniles in detention do not have enough clothes and shoes, they are worn and do not correspond to the season and weather conditions.
In a more difficult situation are minors whose families do not have the financial resources or those who do not have family or relatives to buy their personal hygiene products and clothes.
During the discussions, the children-detainees claimed that in the trial, they had a lawyer guaranteed by the state but he often appeared only formally or did not appear at all at the trial, in this way their right of free access to justice was violated.
The children do not know the term at which they were sentenced, they are not informed on their understanding about the issues that concern them. The institution lacks useful information materials for children and those placed are written in small print, are not relevant to the child’s understanding. All this as a whole, it denotes the violation of the child’s right to information.
The Child Ombudsman also acknowledged impediments to the realization of the right to family of minors. Some detainees reported not being able to call home due to the lack of a special phone card, and others said letters which they wrote to their families were not sent, which had a significant impact on the psycho-emotional condition of the detained child.
In this context, in order to fully realize the right to communicate with the family, the People’s Advocate reiterates the recommendations made at the beginning of the pandemic period regarding the examination of the opportunity to increase the number of telephone conversations from the expense of visits not made during this pandemic crisis. .
During the hearings, the children complained that they were being abused by other children. Also, there are frequent cases in which they are threatened, humiliated or belittled, verbally assaulted by the employees of the penitentiary institution. At the same time, it was found that not all cases of abuse are reported or recorded and examined properly and this indicates the lack of the mechanism of protection against child abuse and neglect and neglect during their stay in the detention institution.
Until present, the complaint submission mechanism that the APDC, CpPT and the PT Directorate of the PAO have warned about is missing.
In the context of those mentioned, there was a regress in respecting the rights of children in the penitentiary institution concerned in the context of the pandemic crisis. Representatives of the Office of the People’s Advocate will continue to monitor compliance with the recommendations of the People’s Advocate for the Rights of the Child in the light of the recommendations of the UN Committee on the Rights of the Child and other institutions for the protection of children’s rights, which are also found in the annual, thematic, alternative reports of the People’s Advocate for the rights of the child.
Currently, 35 children are detained in the Juvenile Penitentiary.
