Challenges of the Knowledge Society (May 2021)
DETENTION CONDITIONS IN ROMANIAN PENITENTIARIES. COMPENSATORY APPEAL AND RECOVERY OF DAMAGE SUFFERED BY CONVICTED PERSONS DUE TO NON-COMPLIANCE WITH MINIMUM DETENTION CONDITIONS
Abstract
Considering the debates in the public space regarding the detention conditions in the Romanian penitentiaries, in the present study I set out to analyze the way in which the detention conditions in the Romanian penitentiaries are ensured. Thus, I will present the regulation in the national legislation of the minimum standards that must be observed, with emphasis on overcrowding of places of detention, but also compensation in case of accommodation in inappropriate conditions, with reference to the compensatory appeal, as regulated by Law 169 / 2017. At the same time will be analyzed the ways in which the moral and material damage suffered by the convicted persons can be repaired, following the non-observance of the minimum conditions of detention, including the jurisprudence of the European Court of Human Rights, considering that the number of requests exceeded the figure of 3000 at the time of drafting of Law no. 169/2017.
