Report on the visit to the Botosani penitentiary
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On March 7, 2001, the representatives of APADOR-CH visited the penitentiary of Botosani.-------------------------------------------------------------------------------------------------------------------------------------------------------
This unit, with a design capacity of 710 detainees, covers the counties of Botosani and Suceava. As of the visit date, 1,337 inmates were accommodated in 970 beds. Out of the total 1,337 inmates, 1,296 were male (out of which 54 minors and 21 petty offenders) and 41 female. A number of 123 detainees were in a semi-open regime 45 were in an unguarded regime. The total number of staff is 219, two thirds of which are employed in the operative sector.
Similarly as during the previous visit (June 2000), the representatives of APADOR-CH noticed that the problem of drinking water is still unsolved and it creates significant difficulties to the penitentiary (the unit is at the end of the water supply pipe and, especially during the summer time, when irrigation works are performed, the running water is stopped, and the water is brought daily in barrels). Other two particularly stringent problems are the fact that there is no gas supply in the penitentiary and that the city dump is very close to the penitentiary. The three above mentioned problems are unlikely to be solved for the time being since both the Botosani City hall and the General Directorate of Penitentiaries invoke the lack of necessary money. The opinion of the representatives of the Association was that one of the solutions could be that the General Directorate of Penitentiaries and the local council should jointly bear the expenses for the three investment projects – gas supply, water supply and moving the city dump. Since in the vicinity of the penitentiary there is a psychiatric hospital of the Health Ministry, which could also need the above mentioned investments, dividing by three the investments cost seems to be the optimum solution. The General Directorate of Penitentiaries has an additional interest in the gas supply for the penitentiary, since the expenses with the light fuel currently used are significantly higher than using gas as a fuel for the penitentiary.
This year will begin the construction of a new facility for accommodating detainees. The building should accommodate 500 detainees in 4-bed rooms. The total investment cost is estimated at about ROL 30 billion. For the year 2001 ROL 4 billion are allotted, at least in theory.
Almost 100 hectares of farming land are exploited in the penitentiary’s agricultural farm, out of which around two thirds are leased from private individuals (who are given a portion of the obtained yield). At the visit date, there were 970 pigs and 87 cattle in the farm. Out of the 71 working detainees, 44 were in the farm and 27 were working for various beneficiaries outside the penitentiary. There were problems in finding the beneficiaries able to pay the detainees the new level of the minimum wage, that is, ROL 1,4 million a month. Similarly as during the previous visit, the representatives of the Association notices that, although the number of detainees willing to work exceeded by far the number of jobs that the penitentiary was able to ensure, there are still cases when the refusal to work is punished. However, the prison warden mentioned that this is no longer the case for the detainees stating at the end of the quarantine that they do not want to enter the category of working detainees. --------------------------------------------------------------------------------------------------------------------------------------------------------
From the previous visit, the food ward was renovated and modernised and it currently has the necessary utilities and the hygienic and sanitary conditions are good. For breakfast, the normal and diet menus consisted in rice with milk; for lunch the normal menu included potato soup and cabbage with fried lard, and the diet menu potato soup and pasta with meat; for dinner, both the normal and diet menus consisted in tea and bread. For lunch, the only meal including meat or meat products, 100.3 kilos of meat and 51.4 kilos of lard were taken from the storage room. The representatives of APADOR-CH noticed a significant difference between the meat quantity written in the accounting records and the one actually found in the food for detainees. In the portions prepared for the detainees on diet and in the cauldrons with the main course for the normal menu (cabbage with fried lard) there were no more 20 kilos of meat, meaning a difference of around 80 kilos that could not be justified. The only “explanation” that the officer in charge of the food ward – and that the representatives of the Association could not accept – was that “the meat pieces melted by boiling”. The officer in charge with the food storage facility confirmed that the whole 100 kilos of meat were taken out of the storage room.
The medical staff was the same as of the previous visit: two general practitioners, one dentist and five nurses. The management’s hope of last year that a fourth doctor position, vacant at that time, would be filled has not come true since the position has been blocked in the meanwhile. They are now waiting for the position to be unblocked following the budget approval and allotment. The doctors also deal with the prison staff (daily from 7 to 9 a.m., and from 1 to 3 p.m.) although their number is obviously insufficient for the needs of over 1,300 detainees. On eof the problems that has been solved since the previous visit consisted in the replacement of most of the medical instruments. The penitentiary has 32 detainees with psychic disorders who are under a daily medical care.
In room 1 of the infirmary, the representatives of the Association found the detainee Marin-Dan Gheorghe, with a final sentence for robbery. Some time ago, “in order to benefit from the forgiveness of the authorities”, Marin-Dan Gheorghe was advised by another detainee to self-inflict a “benign” affection of a lung by injecting saliva in it. After that, the injected lung had to be taken out. He is currently suffering from a chronic bronchial and pulmonary suppuration in the remaining lung, mixed ventilatory insufficiency and he is physically exhausted. Moreover, he has to take 4 shots every day (2 intravenous and 2 intramuscular). The doctors told the representatives of APADOR-CH about the extremely serious problems they have in looking after the patient. He said that in the next few days he would submit a pardon petition.
Detainee M.-F.C., convicted to 4 years for theft, is HIV-positive. His illness was discovered following some tests performed upon his request. The head doctor told the representatives of the Association that an order of the medical department of the General Directorate of Penitentiaries established that the HIV-positive detainees should be placed in the infirmary.
The room has a lavatory with a WC cabin (the pipes were leaking there), a shower cabin and a sink in the room. There were 8 beds and 7 detainees in the room. Room 2 had 9 beds and 5 patients. This room also had a shower cabin (with water on the floor since the drain was clogged) and one WC cabin.
Detainee Romica Corolea has a serious disease of the endocrine glands. He is 1.75 m tall and weighs around 180 kilos. For several years he can only sleep either sitting, leaning on the wall, or “on all fours”. Since neither in Botosani nor in Iasi one can find the necessary technical capabilities for specialised investigations, the medical service approached the Bucuresti-Jilava penitentiary hospital, who gave a no answer and recommended that the respective case should be dealt with … at the local level.
In February 1993, in the Bucuresti-Jilava penitentiary hospital, detainee Mircea Atodiricesei was amputated his right foot due to a gangrene diagnosed ever since end of 1992. He has now a similar diagnosis for his left foot. One day before the visit, the court decided to send Atodiricesei to the Jilava penitentiary hospital for operation. The detainee also has a serious heart condition: painful chronic ischemic cardiopathy and post myocardial infarction trauma (he has recently suffered two heart attacks). The penitentiary approached the General Directorate of Penitentiaries for the detainee to benefit from cardiac surgery in one of the specialised clinics in Fundeni, Targu Mures or Cluj.
The detainee Constantin Rusu suffers from essential arterial hypertension, stage IV. and has a paresis of the right half of his body following a left temporal-parietal vascular-cerebral accident. The head doctor estimated that detainee Rusu’s health will continue to deteriorate and that the solution in his case would be to place him in an institution for disabled persons.
The punishment isolation room. The room accommodated 3 detainees. Radu-Constantin Chersoi was punished for hitting a nail in the head, Dumitru-Eugen Nimi]an for having a radiator in the room, and Cristinel-Paul Rogovschi for having using profanity to an officer. None of the three detainees had been heard by the disciplinary commission. The room has two stone beds and the bed spreads are removed during the day (between 5 a.m. and 10 p.m.). APADOR-CH reiterates its opinion that this is equivalent to an inhuman and degrading treatment. The water closet is separated from the rest of the room by two one metre high lateral walls, which makes the smell to come into the room. The detainees are taken out for exercise for half an hour to an hour every day.
The bathroom has 19 showers. Here bathe – in shifts, on Fridays, Saturdays and Sundays – all the over 1,300 detainees (women included).
3. The rooms
Room 11 is in principle for the detainees in police custody (during the visit, however, around two thirds of the 76 detainees accommodated here in 48 beds had final sentences). The detainees reported that no lawyer comes to talk to them in the penitentiary. The ex officio defence ensured to most of them is merely a formality, since most of the lawyers just ask the courts in a sentence or two to give the least possible sentence. The lavatory, separated from the rest of the room, consisted in two Turkish water closets and a long sink with 3 taps. There was an irrespirable air, very humid and foul smelling (from the water closet and a waste bin). The detainees complained that the food is bad and that they have not had meat since Christmas. They go out for exercise every day, from Monday to Thursday, between a half an hour and an hour. The room had one television set. When entering the room (both that one and most of the others), someone called “Attention” and detainees were forced to jump from their beds on the row between the beds, to stay in line and to sit straight. The opinion of the representatives of the Association was that the Botosani penitentiary should also give up to such military practices with no concrete utility.
The detainee Constantin Gogu carries out a 6-year term in prison for a robbery that practically meant the theft of two chickens. Three years ago, unhappy with his sentence, he self-mutilated by putting his both hands in a circular saw. Since he only has two fingers left in each hand it is very difficult for him to eat, to get dressed and to go use the restroom. According to his statements, there have been two recent occasions when the guards punished him (by suspending the right to visit and parcel), once because he would have dropped his food bowl and other time because he did not succeed to get dressed in due time and answered back to the observations made to him. He complained that the measures taken against him were too harsh and that his situation was not taken into consideration. The detainee said that he had the necessary sympathy from the prison master and that until now he has had an accompanying detainee. He asked the penitentiary leadership to help him to continue to have an accompanying detainee. In April 1999, Constantin Gogu’s mother was heard by the Romanian President’s Office and asked for the consideration and approval of the pardon petition she had submitted. The detainee has not yet received an answer.
Room 17 – youth. The 27 beds accommodate 49 detainees (the room has been that crowded since this winter). The daily exercise, from Monday to Thursday, takes between half an hour and an hour. The detainees may use the public phone in the penitentiary once a month (if special cases occur, additional calls are approved). In order to make a phone call, the detainees need to submit an application to the prison master, which needs to include the telephone number and the person they want to call. The bath is taken every Friday for 10-15 minutes. The lavatory, separated from the rest of the room, has a Turkish water closet and a concrete sink with 3 taps. Here too the waste bin was full and very smelly.
In room 9 there were 54 minors in 30 beds. The lavatory, cleaner than in other rooms, has two water closets and a concrete sink with 3 taps. The children said that in the summer time they have lice in the room. They go out for exercise every day (from Monday to Thursday) for about a half an hour. Two adult detainees were appointed in charge of this room (one head and one deputy). The officers motivated this measure by the fact that recently the minor fought among them. The representatives of APADOR-CH have constantly had reserves to the appointment of adults as heads of minors’ rooms. One of the arguments is that the minors have enough judgement to “organise themselves” since the courts established that they are fully responsible for their deeds. The minors are forced to wear the penitentiary uniforms, even during the visits. From Christmas until the visit date, the minors had not participated in any cultural-educational activity. They can meet the psychologist only on request (one of the children had had such a meeting and told the representatives of the Association that it was useful). They are unhappy with the fact that some of the guards call them “thieves”.
Room 21 – women. There are 27 detainees in 21 beds. The exercise programme is from Monday to Sunday and it takes around one hour to one hour and a half every day. They can usually make one phone call a month, usually on Saturdays. This also the bath day in the big bathing hall. In the rest of the week they are brought warm water in the room and they can wash themselves or their laundry. The only dissatisfaction expressed by the female detainees was that they are forced to wear their prison uniforms during the visits. There is one television set .
In room 22 there are also women. Since there is no television set here, they use by turns the set from room 21 (they are allowed to watch the TV from Monday to Friday, 8 a.m. to 11 a.m. and 4 p.m. to 10 p.m., and on Saturdays and Sundays from 8 a.m. to 10 p.m.). The daily exercise takes a half an hour, and they can use the phone once a month for 15-20 minute.
There are three exercise yards in the penitentiary, and the exercise programme is from Monday to Thursday between 8 a.m. and 3 p.m. The detainees from the isolation room and the infirmary are also taken out for exercise on Fridays, Saturdays and Sundays. From March 15, sports games would be organised in the penitentiary.
The detainees’ club is small (the big one was transformed in a prison ward). Several courses are organised here:
Lately, the orthodox priests from the county of Botosani come on a daily basis to the penitentiary and they bring from their parishes food for detainees.
Last year, the “Activ” organisation from Botosani organised a computer operator qualification course, which resulted in the attestation of 15 detainees.
The representatives of APADOR-CH found out that, from reasons related to “the safety of detainment units”, since last autumn the General Directorate of Penitentiaries has denied the access of detainees to computers.
The penitentiary’s psychologist works especially with the minors and youth. One of the programmes, which involves counselling actually, is the one aiming at diminishing the aggressiveness of detainees, which is organised by groups of circa 10 detainees selected mostly by their deeds, their punishments and their behaviour in the penitentiary. The psychologist also organises one-on-one discussions and psychological examinations, and with the women individual counselling and occupational therapy (crocheting and gobelins).
The visit ward has the necessary area and endowment. The public phone is placed such as the supervising officer sits next to the detainee using the phone and overhears what he talks.
Discussion with detainee Sorin Feraru. At the end of last December, Sorin Feraru was beaten by Major {tefan P@r@u and Sergeant Major Sorin Sorohat. Other detainees were present, out of whom, Feraru nominated Ion Gur\u. Protesting against the behaviour of the two officers, the detainee self-inflicted several cuts with a shaving blade, which lead to his committing in the infirmary and chaining for four days. The detainee submitted a complaint to the Iasi Military Prosecutor’s Office. The penitentiary’s leadership denied that they have chains in the penitentiary.
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Manuela Stefanescu Valerian Stan