REPORT On the visit to the Barcea Mare penitentiary
On April 5, 2001, two representatives of APADOR-CH visited the Barcea Mare penitentiary.
There were 1,638 detainees in the penitentiary (out of which 21 women and 28 minors) in 1,627 installed beds. The total number of staff is 267, out of which 181 work in the operative department. Relatively few detainees are taken out for work (due to the scarcity of demand in the area): 55 detainees were working at a work point the railways company in Timisoara (two more teams were supposed to be added); 15 detainees were working in Apaterm, the water company from Deva; 15 detainees in each of the city halls from Soimus and Branisca, working on maintaining the pastures and repairing the social clubs and schools; 6 detainees were working in Macon company, performing cleaning activities.
During the previous visit (June 1999), the penitentiary farm from Soimus was under construction as a semi-open detention facility, where about 300 detainees would be committed. In the meanwhile, the General Directorate for Penitentiaries decided to halt the works and build a farm, where they estimate to breed over 100 cattle and 500 pigs. Currently, in the penitentiary farm (having around 13 hectares of its own land and circa 8 leased hectares) there are around 80 sows with piglets.
The problem of the water supply for the penitentiary is not yet solved, this is to say that the water is still cut every day after 3:00 p.m. As of the date of the visit, Macon company, located nearby the penitentiary, was about to be connected to the water network (after that, in no more than 4-5 months, the penitentiary will be also connected through the above mentioned company). During this year, capital repair will be performed in detention sections III and IV. The bigger rooms will be rearranged (compartmentalised) and modernised (there are 6 such overcrowded rooms, each with circa 50 detainees).
The written correspondence is unlimited and not censored. There is a public phone that can be used by the detainees having a phone card once a month (and when special situations arise). In order to get the approval to make a phone call, the detainees have to submit a written application to the prison master mentioning the phone number they want to call. A recent order of the General Directorate for Penitentiaries whose meaning was not clear to the representatives of the APADOR-CH stipulates that after each telephone conversation the called number and the conversation duration should be noted in a register. As during the previous visit, the representatives of the association noticed that there are certain restrictions regarding the quality of the persons who are allowed to visit the detainees. One example in this respect is that the visits are not allowed to the partners of the detainees is such persons are recorded as such in the penitentiary file. The representatives of APADOR-CH reiterated their opinion that such restrictions are not natural. Out of the number of visits allowed by the regulations, it should be the exclusive right of the detainees to determine whom they want or do not want to meet during the visits. The penitentiary leadership recognised that the current practice should be reconsidered.
According to the deputy prison master in charge of the guard and penitentiary treatment, all detainees subject to disciplinary procedures for infringements of the internal regulations are heard by the disciplinary commission, irrespective to the seriousness of the violations and the nature of the foreseen punishments (such statements were however contradicted by those noticed during the visit).
In section III "dangerous" detainees there were 36 persons.
In room 3 there were 3 detainees and 12 beds. Petre Andron was there for an escape that took place 31 years ago. He was not aware that there was a monthly review of the situation of the detainees categorised as "dangerous". Aged 59, with a 730 days sentence for theft, Andron was operated twice for arteritis at the left foot in 1995 and 1997, and has similar problems at the right foot. In room 3 there also was detainee Vili Rupa, whose more complex case is the subject of a separate report.
In room 6 there were 12 detainees in 12 beds. The daily exercise, from Monday to Saturday, takes between half an hour and an hour. The detainees bathe on Wednesday. They have the right to one visit and a parcel every two months and those having a phone card are allowed to make a phone call with the same frequency. The detainees declared satisfied with the quality of food, considering better than in other penitentiaries. They have rummy games in their rooms and have TV games. They can watch the TV practically from the morning until the lights are out. The in-house psychologist meets with the detainees on a regular basis. In the room there is a sink and a cabin with a standing water closet.
In room 5 there were also 12 detainees in 12 beds . The detainees complained about the fact that outside watching TV they have absolutely nothing else to do. They have in exchange pointed out the fir treatment from the staff in this section, especially its head, major Mic. The lavatory is also made up from a sink and a cabin with a standing water closet. Szantay Szoltan is considered dangerous because he sometimes has an impolite attitude towards the staff. He was transferred from Oradea, where he was not among the "dangerous" detainees and he was taken out for work. Dan Iulian Pruna was moved to Barcea Mare in December 1999 from Timisoara although his family (a wife and two minor children) lives there. He filed an application to the General Directorate for Penitentiaries to be transferred either back to Timisoara or to Craiova in order to be closer to his family. Since his family (a wife and three minor children) lives in a locality near Oradea, Ion Lacatus requested to be transferred either to Oradea or to Satu Mare. Ioan Rostas was also transferred from Timisoara although his entire family lives there. Traian Varva complained that the discharge commission delayed his discharge only because he "did not go out for work". When checked, it came out that the delay was based on the fact that the detainee was on parole three times and he relapsed as many times.
A number of 12 detainees were bathing in the sections bathroom in 10-minute series. There were 9 showers, the water was warm and there were wooden grates on the floor.
In room 1 there were 12 beds and 10 detainees. Detainee Marius Vid, aged 27, who has a sentence of 3 years and 3 months, was in a very serious condition. Four years ago, during a previous sentence, he was hit by a detainee in the Oradea penitentiary and has had very serious psychic problems (he is in a permanent state of semi-consciousness, he practically does not know his name and he could not control his body moves). The medical records show "organic personality disorder, cranial-cerebral post-trauma with lack of bone substance in the left temple". In such conditions it is difficult to understand including for the staff of the medical cabinet the notice made last May in the detainees file by the doctors from the Bucuresti-Jilava penitentiary hospital: "psychically able for work". The penitentiary leadership included him in the report filed to the General Directorate for Penitentiaries with the detainees having serious health and social problems. The detainees from this room considered the food is bad. They have a daily exercise for around half an hours when they can also play football, this being the only pastime since they have no TV. The water closet was broken (the water was cut) and was cleaned with water from the sink.
Room 4 had 8 detainees and 12 beds. The detainees pointed out that a pipe coming from a room with detainees suffering from tuberculosis, which crosses the room and represents a threat of catching the disease. The penitentiary doctor acknowledged that the complaint made sense and that problem needs to be solved. There is a television in the room and the detainees can watch it practically all day long. Petru Nut, convicted for theft, was categorised as "dangerous" because 22 years he attempted to escape. Ilie Tudor Pascalau said that since July 13, 2000, he is kept in the penitentiary with no warrant. The prison master explained to the representatives of the association that the court from Sibiu, knowing that the detainee was in the Aiud penitentiary (where he had been before being transferred to Barcea Mare) sent the warrants there. However, after intervening personally, things came back to normal and Ile Tudor Pascalau is legally detained (the prison master mentioned that he had shown the Sibiu court decision personally to Pascalau). The detainees complained that they had mice in the room.
In room 14 there were 5 detainees and 12 beds. The lavatory had no door and the walls were only half the way to the ceiling, which made a heavy smell in the room. The daily exercise is around one hour long. The detainees having a phone card can make a phone call (following an application to the prison master), but the accompanying guards can hear what they say. Two weeks before, Torok Janos was punished to 5 days of isolation without being heard by the disciplinary commission.
In room 12 (restrictive regime) there were 2 detainees (4 beds). Doru Barhan had to carry out one year of restrictive regime. He is one of the detainees who, in order to protest against the treatment applied by the officers from the Iasi penitentiary (especially doctor Oatu), climbed, two years ago, on the penitentiary roof. Barhan is satisfied with the treatment here and requested that, when finishing the legal affairs for which he had been brought to Barcea Mare, either to stay there or to be transferred to any other penitentiary but Iasi. The daily exercise lasts between half an hour and an hour. Barhan wears handcuffs. The alavatory a standing water closet (with only a lateral wall as high as 1.5 metres) and a sink. The second detainee is not punished, he volunteered to stay with Barhan.
In the isolation room (room 11), the lavatory was identical as the one in the "restrictive regime" room. Six detainees were accommodated in 4 metallic beds. The daily exercise, except for Sundays, lasts half an hour. The mattresses and bed spreads are taken away during the day time, between 5:00 a.m. and 10:00 a.m. Ioan Tiberiu Galambos, Ion Minica and Mircea Munteanu were punished to 10 days of isolation for fighting. Jan Georgel Stan got 10 days of isolation because during one search (a "special" one, as he noticed) a rudimentary fake police ID was found on him, which he made on his name. Dinu Suraj Stoica, a detainee with psychiatric problems, was punished to 5 days of isolation because he stuck a needle in his neck. Five out of the six detainees in the isolation room were not heard by the disciplinary commission. This resulted from both the statements of detainees and the documents drawn up for their punishment (the minutes of the disciplinary commission were drawn up and signed by the same person). In all of the five cases the only thing that happened was that an officer informed the detainees that they got disciplinary sanctions.
In the exercise yard of sections III and IV there were detainees from three of the rooms.
Section V, detainees able for work
In room 12, there were 30 detainees in 36 beds. The detainees may wear their own clothes in the room yet during the visits they are forced to wear the prison uniform. There are cases when, if they do not receive razor blades from home, the detainees have to share a blade. The representatives of APADOR-CH insisted that, the same as in Oradea, this represents a serious danger of transmitting various diseases among the detainees. The detainees noticed that sometimes there are delays in getting the mail. Cristian Ion Faur said that his family had not received three of the letters he had sent. The detainees expressed their dissatisfaction that for reasons that could not be explained by the officers they are not allowed to receive radios or tape recorders from home. What is strange in this penitentiary is that it needs the approval from the prison master for a detainee to receive a watch from home. Moreover, the approval is granted only to room heads and other detainees "with responsibilities". The prison master said that they avoid the "traffic" of watches. It would only be logical for each detainee to have his own watch, which make the reason for trafficking to disappear. Th bathroom is made every Saturday and the bed linens are changed every two weeks. There is a television in the room and the lavatory is made up of a cabin with 2 water closets and 2 sinks. The daily exercise takes half an hour and the detainees are also allowed to play football. The psychologist meets with the detainees upon their demand.
In room 14 there were 39 detainees (45 beds). In the club activities are organised with the detainees from time to time (such as the debates on newspaper articles). Newspapers are brought every day and the library provides books on a weekly basis to those interested. The detainees committed here considered that the food is bad "there is never meat in it" and they complained that they are not allowed to receive radios, tape recorders and watches from home. Detainee Daniel Verdes mentioned that although he has two television sets in the penitentiary one in the room and one in the storeroom he is not allowed to give the other one to one of the rooms without a TV set. Those in charge for the penitentiary replied that Verdes would intent to give the TV set to a certain detainee in exchange of material gains. Taking into account the fact that the detainee mentioned his offer for "a room without a TV set", the opinion of the representatives of APADOR-CH was that it should be taken as such, with no assumptions which, at least until proven otherwise, result in an unused TV set, which is obviously necessary. There are lice in the room and the latest pest control action was performed 4 or 5 months before. All the 39 detainees go to the bathroom a hall with only 15 showers during one 15-minute session (they requested to be divided into two groups). The lavatory is made up of a cabin with three standing water closets and a metallic waterspout with 3 taps. Detainee Constantin Carstenoiu has a severe sequel from a burn that affected the right side of his body. The representatives of the association notified the head doctor on the fact that the detainee complained that he was in pain and were assured that he would get a balmy ointment to ameliorate his condition. Carstenoiu, convicted to 9 years for robbery, from which he has carried out 2 and a half years, wished to be transferred to Targu Jiu, where his entire family lives including his minor children. Detainee Vasile Lingurar requested to be moved t Oradea, since all his 8 children, out of which 5 minors, live there. Otvos Elemer complained about the fact that he was not allowed to get the parcel with food brought by his wife, since it was 2 kilos over the admissible weight (7 kilos instead of 5). The penitentiary leadership replied that the real reason was the fact that the detainee was no longer entitled to a parcel for that month and, and if he was allowed to get the parcel brought by his wife, he would have lost the right to a parcel for Easter, which, it was said, would not be preferable at all. A record kept by the penitentiary leadership showed that in March there were 18 cases of post parcels were returned to the senders since the detainees had no longer the right to another parcel (308 postal parcels were sent that month to the detainees committed in that penitentiary). During the visit, the non-commissioned officer from the visit unit said that the parcels exceeding the legal weight by 2 or 3 kilos are turned down, while the deputy prison master in charge of the guard said that this happens only for the parcels heavier than 10.5 kilos. The representatives of the association reiterated their opinion that since the food in the penitentiary system is from the quantity and quality point of view the way it is, such restrictions should be related exclusively to the concern for avoiding food poisonings. They reminded in this respect the latest report on Romania of the Special UN Reporteur against torture.
Section VI, minors
In room 1 there were 8 minors (14 beds). The in-house psychologist organises activities with them on a permanent basis (lately they were doing memory and attention exercises). The minors are extremely excited by the idea to act in theatre plays (short plays). Until a month before, when one of them got hepatitis, they were going to the club and played table tennis. Although their sick colleague (Sorin Bumbi) was transferred to the Bucuresti-Jilava penitentiary hospital and the analyses of the remaining minors were negative, they are still not allowed to go to the club. Although they may wear clothes from home in the room for the visits they are forced to wear the prison uniforms. The daily exercise, except for Saturdays and Sundays, takes 2-3 hours. There is a TV set in the room, rummy games and they get newspapers every day. The lavatory has a cabin with a standing water closet and a sink in the room. Here, the same as in other visited rooms, when entering/exiting the room, somebody called "attention" and the minors had to stand straight between the beds. The representatives of the association reiterated that such a military practice, rigid and useless, should be discarded.
In room 4, there were 18 minors in 19 beds (due to the insufficient room, there were 2 or 3 superposed beds. The lavatory had 2 cabins with standing water closets (one of them was not used because it was broken) and 2 sinks. The detainees from this room go to the club and play table tennis. The daily exercise takes two hours. There is a TV set in the room.
The sections exercise yard is separated, sufficiently large and has football poles. Based on that fact, the minors could be allowed to go out in the yard also in the afternoons, especially if the weather is good.
The women ward
In room 2, there were 4 female detainees in 5 beds. The women work in the staff canteen (during the visit they were at the canteen). The daily working hours are between 6:00 a.m. 3:30 p.m. and 6:30 9:00 p.m. (they rest between 3:30 and 6:30 p.m.). In room 3 (quarantine) there were 13 female detainees in 14 beds. They considered that the food is good. They can go to the infirmary every Friday and they have one bath a week (they are brought hot water in the room every day, in the morning and in the evening). The exercise takes around 2-3 hours daily except for Sundays. If the weather is good, the female detainees may go out in the yard in the afternoons and on Sundays yet upon the prison masters approval. The sections club is also used as a canteen. There is TV set that the female detainees are allowed to watch between 9:00 a.m. 1:00 p.m., 2:00 p.m. 6:30 p.m. and 8:00 p.m. 10:00 p.m.
2.2 The food ward
In the kitchen and the dish washing room it was damp and the walls were dank. The penitentiary leadership mentioned that, to the extent they would have the necessary funds, they would start the capital repairs. The daily menu was: breakfast no diet bread, tea, marmalade, biscuits and lard; for the detainees suffering from tuberculosis bread, tea, biscuits, cheese and eggs; for diabetics bread, tea, marmalade, biscuits, cheese and eggs; lunch no diet potato and cabbage soup with meat; the detainees suffering from tuberculosis potato soup and beans stew with meat; diabetics bone soup and potato stew with meat; dinner no diet rice and pickles; the detainees suffering from tuberculosis and diabetics pasta with milk. At the time of the visit, most of the food had been distributed to the sections. In the cauldrons and recipients from the kitchen there some of the potato and cabbage soup with meat for the non-diet meal; there was rather little meat in the main course. In the day of the visit 120 kilos of pork, 117 kilos of lard and 15 kilos of meat sub-products were used.
2.3 The socio-educational department
This department has two officers, one psychologist, one orthodox priest and one technical non-commissioned officer. The penitentiary is visited by representatives of the Prison Fellowship organisation (from Alba Iulia and Hunedoara) for religious education programmes. There is also a collaboration with the County Inspectorate for Culture and Cults, with a doctor from the local Red Cross teaches sanitary educational courses to the female detainees. The penitentiary has around 100 illiterates; some of them (under the age of 40) are included in alphabetisation courses held by teachers from Primary School 3 from Deva. A 3-month alphabetisation course for 12 minors has been finalised recently and this quarter a new one will be initiated for young detainees. The following programmes are currently unfolding: "difficult" organised by the psychologist, aiming at making a connection between the minors and their families and the community; this is a 6 month programme and includes groups of less than 12 persons (special care is given to minors with no family); "educosan" aimed at those interested in the sanitary education, twice a week for a period of 3 weeks, in the club, with a group of 12 persons, organised by the medical staff; "educorel" religious education programme, held on Wednesdays for the women (around 20 detainees) and on Sundays with the men (two groups of 20 detainees each); there are 104 Roman Catholic detainees and 4 Greek Catholics in the penitentiary (nothing has been done for them to also benefit from the assistance of their priests); "conis" educational programme, organised in two groups (one for grades 1-4, another for grades 5-8); "educosport" games and sports; there is a chess course for beginners, and the minors play table tennis on a regular basis in the club; "instad" 21 day quarantine for the new detainees; "cebu" a 3 month civic educational programme, organised for two groups each with 6 detainees. The psychologist organises frequent individual or group therapy sessions, especially with the detainees having problems (mostly those with suicidal tendencies) and the minors. The head of the socio-educational is also the officer in charge of disciplinary matters and a member of the disciplinary commission. The representatives of APADOR-CH noticed that the members of this department had the wrong impression that only the detainees to be punished to isolation should be heard by the disciplinary commission.
2.4 The infirmary
The penitentiary has two general practitioners, one orthodontist, five nurses, one pharmacy assistant and one dental technician. Since the previous visit, the problem of the used stomatological instruments has been solved. The doctors also deal with the staff (one hour a day during the working hours, from 7:30 to 8:30 a.m., and one hour outside them, from 2:30 to 3:30 p.m.). The daily average of consultations given by a doctor is around 40-50. The most common conditions are the diseases of the upper air ways and the gastritis or gastro-duodenitis. The health care department works well with the civilian hospitals from Deva. The representatives of APADOR-CH believe that the fact that the doctors are not consulted whether handcuffing the detainees who are transferred to civilian hospitals is a negative aspect. The department records show a downward tendency of self-infliction cases (in March 5 such cases were recorded with 11 since the beginning of this year, while in the year 2000 there were 78 such cases). Since the beginning of the year there have been 13 cases of syphilis, all from outside the penitentiary system.
2.5 The visit ward
There are two facilities arranged for visits "in the booth", 4 for "regular" visits and 6 "at tables".
A detainee was speaking on the phone and the non-commissioned officer near him was hearing what the detainee was talking. There is an alphabetical planning of visits (the visitors from outside the county are received even if they do not observe the schedule). The letters are picked up/sent on a daily basis.
Manuela Stefanescu
Valerian Stan