REPORT on the visit to the Aiud penitentiary
On 20 July 2000, two APADOR-CH representatives visited the Aiud penitentiary, which covers the counties of Alba and Sibiu.
At the time of this visit, there were 2617 detainees in the penitentiary, which has 2176 beds, although the normal capacity according to standards should be 1750. The penitentiary population includes the following categories: 2317 whose final sentences had been pronounced. 980 multi-offenders, 300 detained on remand, 2 petty offenders, 25 women and 42 minors.
The staff is made of 322 persons, 236 of which work directly with the detainees. Out of them 11 are officers, 224, non-commissioned officers and one civilian.
The penitentiary management took the commendable initiative to meet with the room representatives twice a month. Each morning, the staff draws up lists of the detainees who wish to discuss with the management. The penitentiary has a good working relationship with the Aiud Court, so that the percentage of releases on parole is the highest possible.
The medical office is staffed by 4 doctors (including a dentist) and 9 medical assistants; two more medical assistants are going to be hired.
Only 550 detainees work: 400 in agriculture, 50 at the metallurgy factory operating in the penitentiary as a branch of "Multiproduct" autonomous administration. The Aiud penitentiary has its own animal farm and vegetable garden, with 30 hectares of land and 1300 pigs, 70 cattle and 800 poultry.
Punishments for violations of internal regulations
Within 24 hours, the (non-commissioned) officer who discovers a violation of internal regulations draws up an incident report, without suggesting a punishment. The report is analysed by a commission made of the chief of the security department, the chief of the social-educational department, a doctor and the section commander. The detainee is heard regardless of the type of violation and gives a written statement related to the incident. If there are any witnesses, they are also asked to give written statements attached at the detainee’s file, after which the commission decides on the punishment. If the detainee is dissatisfied with the sanction, he can challenge it before the penitentiary commander and then before the prosecutor in charge of the carry out of punishments.
The department is staffed by 9 persons: 3 officers (a mathematics teacher who has also specialised as an engineer, a psychologist and a physics teacher), a priest and 3 non-commissioned officers.
Literacy courses are organised by rotation for 6 months with groups of 30-40 detainees. About 200 detainees are declared illiterate on file, but the head of the cultural-educational department believes that about a quarter of the total number of detainees are illiterate.
About 100 detainees attend school classes (1st to 8th grade). Intensive primary classes are taught by 2 schoolteachers.
The penitentiary organises training courses in cooperation with the metallurgical factory for a total number of 180 detainees: stokers for low pressure boilers (34 detainees plus 24 detainees from other penitentiaries), welders, turners, locksmiths, electricians, industrial painters, forgers. The trainers are employees of the metallurgical factory.
Some of the programs implemented by the social-educational department are: Decreasing aggressiveness among the detainees (VADD), Decreasing the suicide risk among the detainees (DERIS), Education for proper citizens, as well as other activities focusing on the detainees’ legal and health education. The Aiud penitentiary has 10 clubs, 9 of which are established within the sections, and 3 walking yards. The penitentiary also organises sports contests. It is noteworthy that each detention section has its own gym where the detainees have access on a daily basis. The literary group Speranta has organised various events to commemorate Romanian writers. The penitentiary also has a folk music band.
From October 1999 to January 2000, the penitentiary organised an experimental probation service jointly with the Miercurea Cius branch of the association Pro Democratia. The experiment consisted of supervising 10 detainees from the Aiud area. The 2 jurists working with Pro Democratia filled up the forms for their release on parole.
Another experiment – which failed – was initiated in cooperation with the Humanitarian Service for Penitentiaries. The penitentiary ceased to be part of this project on grounds of Adventist proselytism.
On Penitentiary Day (29 June), 30 penitentiary employees and detainees went to Gherla to take part in football, table tennis, volleyball and chess competitions.
The kitchen area consists of two modules, one of which has been renovated. The other will be renovated by the end of August. The kitchen is provided with 10 new stainless steel camp kettles. The dishwasher consists of 3 kettles placed temporarily in a clean spot. The day’s meals consisted of: breakfast - tea, sugar (instead of marmalade) and bacon (with a supplement of bacon for the detainees who work)/ tea, sugar, biscuits and one egg (diet menu); lunch – vegetable soup and beans with meat (regular menu and menu for the detainees who work)/vegetable soup and pilaf with meat (diet menu); dinner – pilaf with meat (regular menu and detainees who work)/pasta with milk (diet menu). 250 kg. pork, 35 meat by-products and 161.130 kg. bacon had been used that day. The meat allotted for dinner was weighed and it was discovered that 10 kg. of meat were missing; the non-commissioned officer on duty explained that they never weighed separately the quantities of meat used for lunch and dinner, but approximated how much they need for each meal them function of the day’s menu.
Representatives of each of the 7 sections are present every day when the foodstuffs are taken from the pantry and cooked.
It should be noted that the kitchen area is provided with a locker room and a lavatory with 10 showers, 3 toilets and a sink for the detainees.
The medical office had just been renovated and included a treatment ward. The doctors work in 2 shifts, 2 in the morning and one in the afternoon. They tend to the penitentiary staff for 2 hours daily. The day before the APADOR-CH visit, 102 detainees had been examined during the morning shift; about 60 detainees are examined daily only during the morning shift. The penitentiary has enough medicines available.
The most frequent health problems are gastric diseases, viroses, mental conditions and cases of self-maiming (1999 – 124 cases, the first semester of 2000 – 56 cases); the doctors consider that at least 10 detainees have serious mental conditions and should be sent to specialised institutions. There is one HIV positive detainee in the penitentiary (I. T.) who has a hearing scheduled for 8 August before the parole board. The Alba forensic laboratory endorsed the detainee’s application for release on parole.
The Aiud Hospital had fitted out a special ward for the detainees admitted to this hospital, with barred windows and 6 beds. Serious cases are treated at the Targu Mures Military Hospital or at the Cluj Napoca Neurosurgery Hospital. The doctors mentioned many shortcomings in the penitentiary’s cooperation with the Aiud Hospital, due mainly to the fact that the Health Insurance Office (for military institutions) fails to pay in due time hospitalization expenses.
Another major problems the doctors face is the lack of equipment for the treatment room. On the other hand, given the high incidence of lice and scab, the penitentiary should be provided with a sterilizer and the appropriate quantities of debugging substances.
An issue DGP has not solved yet is related to the bonuses the medical personnel should get for working with TB patients.
The new infirmary is situated in the medical office. It was created especially for serious medical conditions that require special care. The infirmary consists of 3 tiled rooms, with 3 or 4 beds. Each room has its own tiled lavatory with sink, mirror, and toilet.
There were no detainees in the infirmary at the time of this visit.
The old infirmary has 4 rooms.
Room 4
The room had 5 beds and accommodated 5 women detainees. The lavatory (sink and toilet) is separated from the rest of the room by a screen made of fabric.
Marin Tomulescu
The detainee had become ill with arthritis while in detention and had had both his feet amputated. He had repeatedly asked for a suspension of his punishment: twice in 1997 and once in 1998. All his applications had been denied. He had filed a new application with the Alba-Iulia Court about a month before. APADOR-CH urges the penitentiary management to support the detainee’s attempts to be released.
Florin Stanciu
The detainee had had family problems in August 1999; he had applied to DGP to be transferred to the Timisoara penitentiary in order to be closer to his family. He cut the tendons of his legs to protest that his application had not been taken into consideration (in December 1999 and March 2000, respectively). He was dissatisfied that he did not get proper medical care and that the penitentiary had failed to allow him to undergo the specialised medical examination required by the court in order to release him on parole. APADOR-CH asks the penitentiary commander to support the detainee’s efforts to solve this problem.
Nicolae Zdranc
The detainee became ill with arthritis in 1998 in penitentiary. He had been treated at the Aiud general hospital in 1999; as the illness had taken a turn for the worse, he was admitted to the Cluj-Napoca Cardiology Clinic on 13 May 2000, to no avail. He applied several times for a suspension of his punishment; he filed the latest application on 30 June 2000.
The section was being disinfected and painted at the time of this visit. It was provided with a renovated shower room, with 4 showers. The detainees take showers almost daily.
The APADOR-CH representatives learned from the penitentiary staff that the parole board never hears the women. The association considers that this is a form of discrimination that should be eradicated, as all detainees should be present before the parole board to plead their case.
Room 1
There were 4 detainees and 4 beds in this room. The detainees were working at the staff kitchen. The room looked well, was provided with a TV set and a shelf with the detainees’ own books. The lavatory consisted of a toilet and a sink.
Room 4 (multi-offenders)
The room had 12 beds and accommodated 4 detainees. Still, at the time of this visit, 6 other detainees from room 2, which was being painted, had also been transferred to this room.
Correspondence is unlimited and the detainees were allowed to make one phone call every month. They went out for walks for about 1-2 hours daily and were allowed to watch TV at the club every evening. They complained that they were not allowed to watch TV for more than 2 hours. They could not even listen to the radio for as long as they wanted. Some of the employees decided to establish a schedule even for that. The section gets 2-3 newspapers daily. Once every two weeks, they get new books from the library. The lavatory consisted of a toilet, a sink and a mirror. The detainees got soap, cotton and detergent, but no toothpaste or toilet paper. The detainees complained that they were forced to wear penitentiary uniforms during visits, which has negative consequences over their family and children’s state of mind. The detainees also complained that they were not allowed to wear training suits, which were removed from their parcels.
Romanta Ana Macovei
The detainee, who is expecting her final sentence, asked to be transferred to the Targu Jiu penitentiary to be closer to her child, who is 3 years and 8 months old and lives a the Carbunesti orphanage. APADOR-CH suggests to DGP to approve her application for transfer.
Cristina Damaris Repede
The detainee had 3 minor children, aged 1 year and 8 months, 3 years and 12 years respectively. She asked not to be transferred at the Targsor penitentiary for women. She wants to stay in Aiud, which is closest to her home. The detainee is married to Mihai Repede, detained in the same penitentiary, a circumstance that Cristina Damaris Repede also invoked to support her request. APADOR-CH urges the penitentiary management to support the detainee.
Cristina Prodea
The detainee comes from a numerous family (she has 5 brothers) and her father is unemployed. She asked not to be transferred from Aiud.
Room 74 (TB patients)
There were 6 persons and 6 beds. The lavatory represented a major problem, as in most other rooms in this section, because it is situated in the room, separated only by a fabric screen. The lavatory consists of a toilet and a sink. APADOR-CH asks the penitentiary management to find a solution to this problem, which is common to most detention rooms. Bed sheets are changed weekly. The detainees take showers once a week. The get books periodically, play chess and rummy.
Dezideriu Cardos
The detainee suffers from chronic conjunctivitis and has a heart condition. He tried to be released on parole, but did not have the money to undergo a specialised medical examination at the Alba forensic laboratory. APADOR-CH asks the DGP management to analyse if DGP could pay for the detainee's expert examination at the Alba forensic laboratory.
Aurel Jimblaru
The detainee had served 11 years of his sentence and has not seen his family (who lives in the county of Gorj) since 1992 due to financial problems. In 1996-1997, he applied to DGP to be transferred to the Targu Jiu penitentiary, but was answered that there was no place available for him at that penitentiary. APADOR-CH asks the DGP management to inquire if the detainee can be transferred to the Targu Jiu penitentiary.
Room 289 (restrictive regime)
There were 4 detainees and 4 beds in the room. The detainees go out for walks for over an hour daily and take one shower a week; they complained about the food quality. The lavatory consisted of a sink and a toilet with concrete seat, situated in the room. The detainees get 200 gr. soap every month.
According to the procedure instituted by the Ministry of Justice, the detainees under restrictive regime no longer have the right to parcels and visits. However, this right can be granted upon the commander's approval. The detainees do not get newspapers, magazines or books and do not have the right to watch TV or listen to the radio/tape player. APADOR-CH considers that these measures are excessive: by keeping these detainees secluded for long spells of time, their social reinsertion becomes even more difficult.
Room 296 (sever isolation)
The room was overcrowded: 5 detainees shared 2 beds. The detainees complained that there had been seven of them in the same room at one time and they had to sleep on the floor. They get mattresses and bed sheets only in the evening. The lavatory consisted of a sink and a concrete toilet, placed in the room. They are taken out for walks handcuffed, for half an hour every day.
Nelu Calina
The detainee had been punished with 5 days of isolation because he had asked another detainee for a cigarette through the peephole. He appealed the decision, but was sent to isolation without being told the result of his appeal. The officers who accompanied the APADOR-CH representatives said that the deputy commander (who was acting as commander in the absence of his superior), who was part of the commission as president, had made his decision on the spot. However, the appeal should have been considered by the prosecutor, the detainee should have been informed of the decision made in his case and only then should the punishment have been enforced.
Room 269 (multi-offenders sentenced to over 10 years' imprisonment)
7 detainees shared 6 beds. They complained about the food. They were taken out for walks daily for about one hour and a half. The detainees from all the rooms that are not provided with TV sets go to the club to watch TV from 3p.m. to 5p.m. and after the evening roll call until 11p.m. The lavatory consisted of a sink and a toilet and the detainees get 100 gr. Soap monthly. They take one shower a week. The mattresses were worn out, but the blankets were in a good state.
Gheorghe Antoce from the county of Neamt complained that he could not use his tape recorder because he did not come from one of the counties covered by the penitentiary (Alba and Sibiu) and consequently did not enjoy this right. (Order of the Ministry of Justice no. 1/1992, stating that only the detainees coming from the area covered by a penitentiary are allowed to bring audio-video equipment to the penitentiary.)
Avram Ardelean complained that the detainees did not have the right to use regular razor blades, but just BIC disposable razors, much more expensive and which last less.
The detainees said that the only officer who is truly sympathetic is Major Tokacs.
The section has its own yard with a handball and basketball court. The gym is well equipped.
Room 331 (juveniles)
There were 4 inmates and 4 beds in the room. The lavatory consisted of a sink and a toilet, placed in the room. The detainees took one shower a week and got soap every month. They go out for walks for one hour every day. The room is provided with a TV set.
The minors complained they had not been taken to the club in 3-4 months. The trainers never visit them and they met the psychologist only when they were in quarantine. The minors said they wanted to have access to the gym, as they used to before being transferred to this room.
Room 329
There were 4 inmates and 4 rooms in the room. The air was stale. The lavatory consisted of a sink and a toilet placed in the room. The room was provided with a TV set.
The detainees said they had never seen the penitentiary commander and that they were forced to use the penitentiary uniform during the visits, although they were allowed to wear their own clothes in the cell.
Room 341 (multi-offenders detained on remand)
There were 14 inmates and 20 beds in the room. The room had a TV set and a storage closet. The detainees went out for walks daily and took showers weekly. The detainees said the food was good.
Room 355 (closed regime, multi-offenders)
The room was overcrowded and the air was stale. 23 detainees shared 20 beds. The detainees are taken out for walks daily for an hour, except for Sundays when they clean the room and wash their clothes. The detainee said that they had access to the well equipped gym of the section during the walks.
Nicolae Grancea
The detainee complained that his stomach hurt and although he had asked the officer on duty 5 times to take him to the medical office he did not get any medical treatment.
The shower room for these sections is tiled. It has 50 showers and each series has 30 to 60 minutes to wash. The Aiud penitentiary has its own thermal plant and therefore plenty of hot water.
The detainee had complained to the Strasbourg European Court of Human Rights about how the Romanian courts had solved his case. On 2 March 2000, the registrar of the European Court had asked Lacatus to send copies of the court decisions he had mentioned in his application. Although he had repeatedly asked to be allowed to see his case file and make copies of the decisions, the penitentiary management had not allowed him to (the excuse for not letting him copy the decisions was that he did not have money to pay for the copies). Iosif Lacatus told the APADOR-CH representatives that he had learned he had been labeled as dangerous and suspected of trying to escape. He categorically denied these allegations. The APADOR-CH representatives noted that such mention does exist in his file: "Attention! Dangerous, intends to escape" (mention made by the Aiud penitentiary on 15 September 1994 upon his transfer from the Bucharest penitentiary). However, none of the documents in his file can support these allegations.
The visiting sector has a hall that allows for 6 simultaneous discussions between detainees and their relatives, plus 3 booths for dangerous detainees. The visits "round the table" are ensured simultaneously for 4 families. The 4 pay phones for detainees are also situated there; the detainees must apply in writing to the commander to make phone calls, specifying the name and phone number of the persons they want to call and the purpose of the phone call. APADOR-CH urges DGP to give up this procedure which is not only bureaucratic, but also liable to violate the secrecy of correspondence. It is noteworthy that this section has been provided with a computer to keep track of the visits, rights and rewards the detainees have been granted.
In 1999, 50 complaints have been filed with the Romanian Postal Services, the Railway Company and the railway police, due to the fact that numerous parcels were deteriorated and some of their contents were missing (especially coffee and cigarettes). No such cases were recorded in 2000.
APADOR-CH considers that the existence and effective use of clubs, gyms and walking yards is a positive element that improves detention conditions. APADOR-CH also appreciates the fact that the detainees can complain to the commander and his deputies and that these meetings are scheduled in advance.
APADOR-CH is aware of the efforts made by the penitentiary to renovate and modernize the medical office, the kitchen area, some detention cells, and the shower room.
APADOR-CH asks the penitentiary management to investigate why10 kg. of meat were missing on the day of the visit and who was responsible for this situation.
The association urges DGP to support the penitentiary to buy some equipment for the medical office: a sterilizer, surgical instruments and a spotlight. APADOR-CH believes that Order 1/1992 of the Ministry of Justice (on the ban on audio-video equipment for detainees who do not live in the area covered by the penitentiary) should not be enforced as long as the penitentiary cannot ensure even the basic equipment. The restrictions provided for detainees under restrictive regime (ban on parcels, visits, audio-video equipment, books, newspapers) are too harsh in the opinion of APADOR-CH. DGP should make efforts to modify the regulations in the field.
The fact that toilets are not separated from the rest of the room (or the partition is a fabric screen, in the bast of cases) is similar to a degrading treatment (lack of privacy, smell). The association asks the penitentiary management to improve the situation, especially as the costs would not be exceedingly high.
APADOR-CH asks DGP and the penitentiary management to take measures so that Lacatus Iosif may be allowed to see his penitentiary file and obtain the documents he needs to support his application to the European Human Rights Court. On the other hand, the penitentiary should strike off from his penitentiary file the mention that he is dangerous and wants to escape, as none of the documents in his file support this allegation.
Valerian
Stan
George Anglitoiu