Report on the visit to the Galati penitentiary

1. On February 19-th 2002, two representatives of APADOR-CH visited the Galati penitentiary

2. Background

As compared to the previous visit (in 2000), progress has been made at this penitentiary in the following aspects: finalization of section two of detention, which led to the reduction - but not elimination – of the problem of overcrowding and the temporary lay out of some spaces for exercise, including a football field.

The cattle breeding farm of the penitentiary stretches over 40 hectares, including the animal farm (about 800 swine, 150 sheep and 60 cows). The APADOR-CH representatives noticed the disadvantages of the "closed circuit" practiced in the penitentiary system. Thus, a penitentiary that has products in surplus (meat, milk, eggs, vegetables, fodder etc) cannot sell them on the free market - where the VAT would be compulsory, but off budget revenues could be obtained - being obliged to transfer them only inside the penitentiary system. In the opinion of the association, a growing autonomy of every penitentiary would be beneficial and would stimulate taking out a bigger number of detainees to work. In would be necessary that the penitentiary administration be authorized to negotiate labour agreements for the detainees also under the minimum salary in economy, in particular in agriculture, for the following reasons: a) owners of land prefer to work with seasonal workers that ask for amounts of money smaller than the minimum salary in economy; b) the detainees (who, anyway, receive only 10% of the salary) are more interested in the days gained (reduction in the term) than the money; c) the penitentiary administration would easier find jobs for the detainees; d) most of the detainees prefer to get out of the rooms, including for work, than to stay, for years, without doing anything. On the other hand, the association proposes to give up the current system of giving a reduction in the punishment of up to 7 days a month only if the norm was accomplished at least 110% per month. This is almost impossible given the fact that the majority of the labour agreements are in the domain of the seasonal work (picking up fruits/vegetables, spraying the trees, tilling the land etc) that last less than a month. APADOR-CH believes that it would be more natural if every detainee who works - on the basis of the agreements obtained by the penitentiary administration - benefits from a reduction in the term, proportional with the time worked.

On the date of the visit, less than 30 detainees were out to work. The penitentiary commander said that as of April 1-st about 400 detainees will mainly work in agriculture.

According to the APADOR-CH information, no probation service was yet established in the Galati county (the alternative to incarceration and surveillance of the detainees released on parole or when due). Some detainees looked worried about what would happen to them after release from prison, because they either have no family or their families abandoned them. Very few have some money, the majority leave the penitentiary only with the clothes they have on them and a train ticket, whereas the prospect of finding a job is almost non-existent. The association asks the Justice Ministry to do all possible efforts for setting up a probation service with the County Court as soon as possible as this could help the released detainees to get reintegrated into the society.

As regards release on parole, it should be mentioned that the proposals of the penitentiary are accepted 99% by the Galati court. Unlike the Constanta county, in county Galati all the applications for release on parole are judged at the Galati court, regardless of the locality where the first instance that convicted the offender is located.

Out of the problems that the Galati penitentiary faces the most urgent is that of the debt to suppliers (about 4 billion lei), the administration being obliged to do real "juggling" in order to secure the supplies. A van to transport the detainees to the courts would also be necessary as well as a more modern ambulance (the existing ambulance is old and does not have the minimum equipment necessary to give first aid). In addition to this, there are problems with water pressure, which could be solved by building a second well. APADOR-CH asks the General Directorate of Penitentiaries to give due attention to these problems, especially the debt to the suppliers and to building another well.

2. The penitentiary effective at the date of the visit

The capacity is of 821 places. The management was however forced to supplement the number of installed beds (1213) but even in this way it cannot face the overcrowding (1575 detainees at the visit date). Out of the total, 58 were women and 4 minors (who came to Galati from Tichilesti, only for the trials that are on). Almost one third of the total number of detainees (654) were in pretrial custody. The number is worryingly higher than the average of the previous years (about one fifth of the detainees in the whole country).

The total number of staff employed is 247 out of whom 178 in the operative units. Therefore, about 9 detainees for every officer. But in fact the disproportion is much higher because the officers work in shifts. The lack of a reasonable number of supervisors is the cause of some difficulties (restriction of the daily exercise, less cultural activities etc) that cause discontent with the detainees and tension between them and the staff.

3. The right to mail

Although in principle the mail is not restricted and not censored some detainees believe their letters - including complaints to various authorities - are either not sent or read before being sent.

The detainees have the right to give two phone calls a month (those who have a phone card) or one (those who do not have a phone card but can borrow from other detainees). The procedure of approving the phone calls has unfortunately remained cumbersome (application to the commander, mentioning the name of the person and the phone number that is to be called; the application goes first to the section of "visits" where the date of the latest phone conversation of the detainee is verified and then sent to the management).

The two public phones are in a room in the section of "visits" that has a window with bars that faces a corridor. The detainee who received the approval for the call is brought by the supervisor to the corridor and gives the phone card and the approval to the unlisted officer from the "visits". The unlisted officer dials the number and then gives the receiver, through the bars, to the detainee. It is clear that there is no question of confidentiality of the conversation. The accompanying supervisor and also the unlisted officer from the "visits" can both hear every word uttered by the detainee.

APADOR-CH signals again that, according to the Constitution, the phone calls benefit from the same protection as the written mail. Consequently, the phone calls of the detainees should not be limited and the less so listened to. The association agrees that there can be limitations of a technical nature (number of phones installed, number of requests, duration of the calls). With rigor, listening to telephone calls can be accepted, but only in the conditions provided for in the law, in the case of some detainees about whom there is solid indication, also verified, that they would plan committing more offences with help from outside the penitentiary. Anyway, APADOR-CH insists on the fact that a telephone conversation is not a reward but a right. Consequently, criteria such as "punishments for violation of the internal rules and regulations" do not find their place in the decision to give a detainee the right to make a phone call.

4. Classification of the detainees and the procedures in case of the incident reports

The penitentiary commander declared that, ever since he has been at the head of that institution, no chains have been used for immobilizing the detainees. However, the chains are in the penitentiary inventory and are kept in the warehouse. APADOR-CH asks the GDP to issue an order to forbid the use of chains. As a matter of fact, such an order was in place in the period 1992-2000. In 2000, following the escape of four detainees from the Colibasi penitentiary, there was a come back to the "letter" of the law of the communist period and the use of chains was authorized again, contrary to international standards.

About 60 detainees in the Galati penitentiary are considered as dangerous. The penitentiary commander said the detainees that have in their records the mention "dangerous" (either from another penitentiary or from the police custody) are kept under observation, their situation being examined monthly. If they behave correctly they are taken out of the category of "dangerous". The detainees who are considered "dangerous" do not have a separate section.

The punishments for breaching the internal rules and regulations follow the procedures in place since 1999. However, in the association opinion, the procedures are still far from the idea of an "equitable trial" given the fact that the supervision of a judge is lacking, the only guarantee of impartiality. The association does not believe that the prosecutor who is in charge of a penitentiary - and who is the last possibility of appeal for a detainee - can be considered as impartial, given the fact that he belongs to the executive and not to the judiciary. (The observations of the association naturally have in view the need for amending the current legislation in the field).

On the date of the visit no detainee was in restrictive regime or confinement.

5. The visit to the penitentiary

5.1. The section of “visits”

Access is through an open air corridor of about one meter wide. At the date of the visit, the corridor was full of visitors who were waiting. The section has a room for "visits at the table" (where there was nobody) and a second room for "normal" visits – at the “desk” - of about 16 square meters, where six detainees and at least 12 visitors (including small kids) were talking all at the same time, in an indescribable noise. All the detainees and the visitors were standing. On the walls there was a poster "During the visit discussions should take place in the Romanian language", a poster noticed by APADOR-CH also at the Poarta Alba penitentiary (and accepted by the GDP as being a mistake). At the booth (where there was no detainee) a strange poster warned the detainees and the visitors that they should discuss "only family issues. Otherwise, the visit was suspended." The penitentiary officers upheld that the warning was no longer valid but could not say why the poster was not taken away.

Another room was for receiving the parcels. The APADOR-CH representatives express their surprise at the following aspect: the visors are correctly placed (vizavi) but the one on the side of the detainee is open only after the unlisted officer on duty took over the goods brought by the visitor. Thus the suspicion could be created of putting aside some goods. APADOR-CH considers that even if the detainee can exchange some words with the person that brought the parcel (without having a talk) it is advisable that the visors should be open at the same time in order to avoid any suspicion of the supervisor putting them aside.

5.2. The food ward

The lunch menu read: Moldavian borsch and stew with meat - for everybody and for diet vegetable soup and potato stew. When the APADOR-CH representatives insisted, the unlisted officers of the food ward admitted that the "potato stew" for diet included meat, as well. For dinner the menu was rice with lard - not for diet - and cheese pudding for diet. Therefore, 88 kg of meat and 73 kg low quality meat taken from the warehouse on the visit day should have been exclusively for lunch. The APADOR-CH representatives could identify in the cauldrons but 25 - 30 kg of meat. As a matter of fact, during the visit to the penitentiary, the association representatives saw how food was distributed to various rooms, the fact being that less than one third of the portions included a piece of meat, more often than not lard or low quality meat. In the opinion of the association representatives the lunch menu could not include the 88 kg of meat and 73 kg of low quality meat brought from the warehouse, not even taking into consideration the quantity of meat as supplement for dinner for the 33 diabetic detainees (maximum 1.5 kg). Significant is also the fact that at the prior visit of APADOR-CH in 2000 it was found out that a considerable amount of meat was put aside in the refrigeration room. The unlisted officer on duty was fired according to the commander's declaration. But it seems that the problem has not been solved yet.

The majority of the detainees said the food was bad but that on the visit day and on the day prior to it, the food was "a little bit better". This is the only visit of APADOR-CH that coincided with the visit of a group of NGO-s that pursues harmonization of the penitentiary legislation and practice with the international standards and which needed the prior approval of the GDP. In other words, the visit date was known.

In accordance with the funds allotted, the penitentiary management intends to rehabilitate the food ward, this year or at the start of next year. It is necessary to also purchase 12 large steam pots for preparing the food.

5.3. The spaces for exercise

Although the progress as compared to two years ago is visible (three exercise yards plus a football field - all improvised) the problem of the time for the daily exercise (according to international standards) or of minimum half an hour according to the Romanian legislation remains unsolved in Galati. The latest schedule for the detainees' exercise out is for half an hour up to an hour walk two days a week, plus on Friday, every two weeks. Regardless of the reduced number of staff for guard and treatment, APADOR-CH considers such a measure as unacceptable as it comes in obvious opposition with the international standards in the field. The association asks for the immediate revision of these local regulations and immediate alignment to the regime provided for in international standards, that is, an hour of daily exercise, including on Saturday and Sunday.

According to what the detainees declared, some had not got out of their rooms for more than a week, but had been taken out exactly when several NGO-s were present at the Galati penitentiary.

5.4. The medical ward and the sick room

The ward has three doctors (two general practitioners and an intern) that are also dealing with the staff (usually between 13.30 and 15.00, the schedule being between 8.00 and 19.00). If out of the 11 hours we subtract one hour and a half for the officers, this means that the two general practitioners give about 9 hours a day to the detainees. Out of the 9 hours about another two hours for "serving the meals" to the detainees should also be subtracted. As the average daily consultations is around 70 detainees it comes out about 8 minutes for a detainee, which, even unsatisfactory, is better that in the majority of the penitentiaries in Romania. The major problems of the "health care" sector in the Galati penitentiary are two: the absence of a dentist (a dentist comes voluntarily three times a week and is to be employed on a permanent basis) and getting the absolutely necessary medicine for certain diseases of the detainees. Although the doctor on duty said he had no problems with the medicine, during the visit to the penitentiary, the APADOR-CH representatives heard frequently that the penitentiary gave prescriptions to the detainees asking them to get the necessary medicine by themselves. The association admits that there can be expensive medicines for treatment of various diseases. But the frequency of making the prescriptions seems at least exaggerated. Doctor Lupu said that the first question a detainee is asked is whether he/she has or not the possibility - money - to get the respective medicines. The next question would be: what if a detainee needs an expensive medicine but does not have anybody outside? What is the solution? He is not given that medicine, even if it is vital?

According to the appreciation made by the doctor on duty (surprisingly, there was no detainee to want to be examined, although it was about 2.00 p.m. The reason mentioned was "serving lunch" which could take about two hours), most of the cases signaled at the medical ward are dental neuralgia, diseases of the respiratory apparatus and digestive problems. About 20 detainees have obvious psychic problems and 9 have syphilis in various stages. The APADOR-CH representatives mentioned again the need for using condoms in the penitentiary. Although the idea is no longer rejected from the very beginning, the argument being that it would be equal to encouraging homosexual relations, the staff are still reluctant to this issue.

There were 78 detainees in the sick room (including 14 with TB). In room 210, Pavel Neculai (38 years old) has left side paresis and does not speak. In room 211 (unfit), Neculai Ionescu (76 years old, convicted for 10 years) suffers from heart failure, prostate and phlebitis at both legs and Marius Popescu (45 years old, convicted for 3 years and 8 months) is suffering from sciatica. Knowing the preoccupations of GDP in 2001 with identifying the detainees with serious health problems, APADOR-CH cautions the Directorate on these three cases in Galati.

The exercise is made on Mondays and Wednesdays or Tuesdays and Thursdays, plus one Friday every two weeks, pursuing exactly the same program as the healthy detainees. As shown above, APADOR-CH considers the new rule on exercise as unacceptable. The problem is much more serious in the case of the sick detainees who need even more fresh air and in addition to that they do not take part in any cultural or educational activity, the only preoccupation being the television.

5.5. The detention rooms

In spite of the additional beds installed over the normal capacity many detainees sleep two in a bed (for instance, room 103: 21 detainees in 12 beds; room 113: 19 detainees in 12 beds; room 203 – quarantine: 23 detainees in 12 beds).

Every room has its own lavatory (a toilet, a sink and a shower) which could be acceptable for 8-10 detainees but is obviously insufficient when they are twice that many. Hot water runs only on Sunday.

The detainees of room 113 complained only about the fact that the last time they had been out for exercise was four days ago. They said they go to the club once a week where they play table tennis, chess and back gammon or can listen to music. Detainee Mircea Antonescu complained about suffering from cervical spondylosis and needed surgery at his knee. He filed an application for interruption of the sentence enforcement for health reasons but the court rejected it because the forensic-medical examination chart mentioned that the surgery at his knee could be delayed until after his release. The association representatives saw the chart that indeed includes this specification, at least questionable.

The detainees of room 502 complained that after more than a week they were taken out for exercise on the very day of the APADOR-CH visit. They also said they had not been taken either to the club or that no educator came to discuss with them. Some would like to go to school, others to the church but do not know the schedule for their room/unit.

The detainees' club, laid out in a former workshop, was locked. It is true that it was around 2.00 p.m., during lunchtime, which takes about two hours to serve.

The women's unit is isolated from the rest of the penitentiary. The 58 detainees are distributed in the three rooms of the unit. There is no overcrowding, in the sense that every woman has her own bed. But in room 3 there were 35 detainees and 36 beds and therefore no free space, with the exception of a corridor, maximum one-meter wide, that goes to the lavatory. The women complained especially about the lack of hot water and the sometimes-low pressure of the cold water. For washing themselves they collect water in plastic bottles which they put on the heating pipes. The lavatory is absolutely identical with those in the rest of the penitentiary: a WC, a sink and a shower. It is very difficult for the detainees to keep their body clean.

In room 2 (18 detainees in 18 beds), the situation is somewhat better. However another problem emerged here. The detainees asked the management to let them wear civilian clothes in the courts, visits or at the hospital, at least those who are in pretrial custody and therefore benefit from the presumption of innocence. One of the detainees said that when her kids first visited her they were shocked to see their mother in penitentiary clothes. When the prisoners are brought to court they are given a uniform, which makes them conspicuous anyway.

Another discontent of the detainees is the mail. A detainee said that out of the 11 letters sent home the family received only one. The majority of the women are convinced that their complaints to various institutions do not reach the destination.

For the rest, they seemed content with the cultural-educational programs, with the frequent visits of the Orthodox priest in their unit and with the fact that they go out every day for exercise (the unit has two exercise yards) between half an hour and one hour (sometimes even more). Only one detainee complained about the indecent conduct of the nurses and about the fact that in order to get out for reporting to the management she "should shout or cut herself".

5.6 The cultural-educational service

Eight people work in this service out of whom two have higher education studies - the law school - one is a psychologist and one is a social worker. The Orthodox priest is also included in this service, plus a teacher of Romanian language.

The service has permanent cooperation relations with three religious organizations ("The Century Rock", "The Humanitarian Service for Penitentiaries" and "The Baptist Mission") and occasional relations with The National Society of Christian-Orthodox Women, with ASCOR (The Association of Christian-Orthodox Students) and with the Theological Seminar of Galati.

As can be seen all have in view only religious education. There is no non-governmental organization to develop a program on another topic.

The service develops 9 compulsory programs (elimination of aggressiveness of the detainees, detainees with physical or moral handicap etc) out of which one– DERIS, suicidal risk – is not applied because of lack of subjects. In addition, there are 6 optional programs. Every program lasts for 6 months and trains about 12 detainees. A mere arithmetical calculation shows that maximum 200 detainees are involved in these programs, out of a total of almost 1,600. Surprisingly, the educational service upholds that the daily exercise is an alternative to cultural educational programs! In other words, the detainees included in these programs do no longer need exercise and the other way round, those who are not included in these activities benefit from exercise. The idea is at least bizarre given the fact that all the international documents ratified by Romania point to the daily exercise (including on Saturdays and Sundays) of at least one hour, regardless of the nature of the other activities. The APADOR-CH representatives understand - without agreeing with it - that, because of the overcrowding and of the lack of a sufficient number of supervisors there can be restrictions of this right of the detainees but these restrictions cannot cancel the substance of the right (see the new regulations on the daily exercise in the Galati penitentiary) and neither can they be "negotiable" (taking part in the activities or exercise).

Although there are no special programs for the detainees with long sentences - which in the association's opinion is absolutely necessary - at least priority is given, according to what the staff in the cultural service said, to these categories when there are performances or special religious services.

Conclusions:

• APADOR-CH asks GDP to urgently find solutions for the payment of the Galati penitentiary debts to the suppliers and for building the second water well. The association requires also an analysis of the other two issues: a van for transporting detainees to the courts and an ambulance provided at least with first aid equipment;
• APADOR-CH asks the Galati penitentiary management to urgently review the program for the detainees' exercise. The association underlines again that all the international standards provide for an hour exercise a day (every day of the week), regardless of other activities;
• The association asks for the reorganization of the activities of the cultural-educational service so that a growing number of detainees benefit from these activities, including in point of duration. The association does not find it natural that, in accordance with the work schedule of the officers and civilians in this sector, the afternoons be used only for games (table tennis, chess etc). APADOR-CH also believes that it would be natural that surveys be conducted among the detainees to see what is the rating of the compulsory programs and if the detainees are interested in certain topics in particular. These programs should be done with and for the detainees and not just to "fill in" a questionnaire;
• APADOR-CH asks the Galati penitentiary management to carry out controls in two cases: a) the distribution/sending of the mail and b)the management of food for the detainees, mainly the quantities of meat scheduled for the preparation of the meals;
• The association asks the Galati penitentiary management to explore the possibility of shortening the period of time for serving lunch (two hours is too much) and time thus saved to be used for cultural activities and in the exercise yard. A solution could be doubling the number of detainees who distribute the food and serving concurrently the two courses, which would mean that every detainee has two bowls;
• APADOR-CH asks GDP to issue two orders on: a) completely forbidding the use of chains (for hands or for feet) in the whole penitentiary system; and b) giving every detainee who does not have a final conviction, regardless of gender, the right to wear civilian clothes on visits, in courts or civilian hospitals. As far as the last aspect is concerned, the association mentions the very good experience of the Tulcea penitentiary in this respect.