Report on the visit to the Tulcea penitentiary
On February 21-st 2002 a representative of APADOR-CH visited the Tulcea penitentiary.
1. General aspects
The facility has the capacity of 1,147 places. The 1,558 installed beds accommodated 1,520 people (out of them 1,398 had final convictions, 122 were in pretrial custody; there were 22 women and 8 underage).
The total number of officers is 280, out of whom 197 in the operative units.
Unlike many of the other facilities, the Tulcea penitentiary has a better situation from the point of view of the level of overcrowding (in 2001 and in January and February of 2002 there were only very rare cases when the detainees were forced to sleep two in a bed).
A new pavilion is being built where there will be the health care cabinets, the sick room, the visits sector, the chapel and the units for underage, women and the quarantine. Only 6 billion lei could be earmarked in 2002 for this investment (which represents about 1/5 of the total necessary costs). Given the current difficulties that the facility has in organizing the visits of detainees, APADOR-CH considers that the spaces for the visits sector should be completed first. A very necessary investment that was made for the benefit of the penitentiary is the water treatment station for turning the water into “drinking water", at Chilia Veche unit.
At the date of the visit there were no detainees in solitary confinement or restrictive regime. The penitentiary management appreciated that discipline has improved consistently especially due to the fact that the penitentiary is not overcrowded, that the daily exercise is provided at a satisfactory level and the staff attach due attention to preventing the state of discontent among the detainees. There were 70 detainees described as "detainees that are very dangerous". In this category there are detainees who escaped from prisons, who assaulted the officers or about whom there was information that they intend to do such things. In the case of the latter, the penitentiary officials and the line commission analyze the information related to them, the detainees are kept for a while under closer observation and if that information is not confirmed by the detainees' behavior, they are taken out of the category of "dangerous" (the commission meets once a month). A positive fact is that in the Tulcea penitentiary the "dangerous" detainees are not kept in special rooms (which were actually given up more than a year ago), but together with other detainees and the only difference of treatment is that the officers watch attentively their conduct. The APADOR-CH representative however noticed that in the context of an obviously better state of discipline in the Tulcea penitentiary, the number of detainees considered "dangerous" is relatively high. All the detainees who were subject to the disciplinary procedures are heard by the discipline commission, regardless of the punishment envisaged to be given to them. The Tulcea court practically embraces all the proposals which the commission for parole of the penitentiary forwards to it.
In the penitentiary chains are not used in absolutely any situation.
There is only one public phone to be used by the detainees. The only reason for restriction of the number of phone calls that a detainee can make is because of the fact that there is only one phone.
On the day of the visit, there were 147 detainees at work (construction and cleaning of the town). The penitentiary management envisages that with the start of the agricultural works another 500-600 detainees will be taken out to work.
The cattle-breeding farm has 50 de hectares of arable land and about 1,000 de swine, 1,000 sheep, 80 cows and 600 poultry (practically from their own production the necessary amounts of meat, eggs and milk are secured).
The penitentiary has a substantial deficit in securing barrack equipment (600 mattresses and coverlets and about 1,000 sheets and pillowcases). One month ago, the report for 2001 was made at the General Directorate of Penitentiaries, an occasion in which the director general of GDP announced that for the current year the Directorate will make it a priority to secure all the rights the detainees are entitled to. After the report, the penitentiary management organized a round of consultations with the detainees to see their point of view on the matter. The Penitentiary forwarded to the GDP the conclusions of these consultations, upholding a great part of the proposals which the detainees had made (the number of cigarettes which the detainees can receive from home to be unlimited, the detainees who are there for repeated offence should have the same rights to a parcel and visits just as the first offenders, the sleeping hours of the adults should extended from 7 to 8 hours a day and of the underage from 8 to 9 hours, the phone be considered as a right and not as a reward etc) The penitentiary officials also proposed an extension of the daily exercise program for the adult up to 2-3 hours and for the underage up to 3-4 hours. The penitentiary management did not consider the detainees' proposal that when they do not have other activities they should be able to watch television and to be allowed to receive from home radio-cassette recorders that are electrically driven. The reason of the penitentiary management was that having the two facilities there would overburden the electricity bill. In the opinion of APADOR-CH, expressed consistently in the past few years, to have the two facilities there would have positive consequences on diminishing the discomfort in which the detainees live, before everything, because of the lack of freedom. In the face of such an advantage, the association believes that the mentioned financial effort - which is far from being substantial as compared to the penitentiary expenditures - is worth being made.
At the Tulcea penitentiary the detainees who have civilian clothes can wear them both inside the penitentiary and out of it and during the visits. APADOR-CH considers this as a positive situation. On the one hand it is able to preserve as much as possible the dignity of the detainees and their self-esteem and on the other hand, invalidate the fears met in fairly enough penitentiaries that the civilian clothes might facilitate escapes.
2. Visit to the penitentiary
2.1 The food ward
The building of the food ward is well maintained and in an adequate hygiene-sanitary condition. During the visit, there was much steam in the kitchen because of low power fans.
The menu of the day was the following: in the morning -not for diet - pilaf with lard and milk; at lunch -not for diet- beans soup and stew with meat and for diet - potato soup and stew with meat; for dinner - not for diet - tea, biscuits and margarine and for diet - tea, biscuits, margarine and eggs. For preparation of the food on the day of the visit 114 kg of pork, 27 kg of low quality meat and 53 kg of lard were taken from the penitentiary warehouse.
The food (for lunch) looked well, especially by comparison with enough other penitentiaries and the portions for diet contained pieces of meat. In the other cauldrons for the second course however the meat was in satisfactory amounts especially in the form of low quality meat. Although less than in other penitentiaries, the APADOR-CH representative had the feeling here too that not the entire quantity of meat -114 kg - according to the accounting papers - was to be found in the food in the cauldrons.
2.2 The detention units
In room 116 there were 7 detainees (15 beds) which were to become free in 6 days
Out of the 7 detainees only 2 had a somewhat clear perspective on the way they were to earn their living after release (they were almost sure that they could get back to their jobs before the conviction). The most difficult situation was that of Mihai Dragusanu, whose job was eliminated after the reorganization of the enterprise he was employed in. He had two underage kids to provide for, a wife who was unemployed and did not have the vaguest idea about what to do in the coming months. It is worth mentioning that the service for social integration and surveillance scheduled to be organized, under Government ordinance, ever since November 2000, had not been organized to that date at the Tulcea county tribunal.
Room 119, detainees for repeated offences, accommodated 15 in 15 beds. In the past 3 weeks since they got to the penitentiary the detainees had not taken part in any cultural- educational activity and nobody from the social and educational department had talked to them. The daily exercise takes one and half-hours and two hours (with the exception of Saturdays and Sundays). The barracks equipment was old and degraded and most of the detainees brought from home the sheets and pillowcases. The lavatory was a separate room with a shower with a small tub, a sink and standing water closet.
In room 212, there were 18 detainees with repeated offences and 15 beds. The daily exercise takes between 2 and 3 hours, a time during which the detainees can play football. They said the food was good, especially by comparison with other penitentiaries. Last summer ensembles from Tulcea gave a performance, in the penitentiary yard, of folk dances and songs and also there they could watch movies, on a big screen. Sometimes the educators talk to them and tell them especially to "be good". The lavatory is a separate room, too, with a standing water closet, a sink and a shower with a small tub. The mattresses are pretty old and worn out. The weekly bath is taken on Saturday and the detainees receive monthly - in amounts "almost sufficient" - shaving cream and toothpaste, soap and toilet paper. They appreciated very much that both in the penitentiary and out of it as well as during the visits they are allowed to wear civilian clothes. The only desire is that during the day, when they do not take part in other activities, they should have the possibility of watching TV (at the date of the visit, the TV watching schedule was from 16.00 hours to 22.00 hours, with the possibility to be extended on Saturdays and Sundays or when there is a match that starts before 22.00 hours).
In room 221 there were 14 detainees in pretrial custody (in 15 beds). Quite enough of those here complained that the counselors ex officio defend them superficially, that they do not come to talk to them in the penitentiary and that many times the panel of judges did not give them the possibility to contact them not even in courts. In the detention unit there is a sports room where the detainees who want it can play table tennis (the association representative had the impression that the sports hall could be used more intensively and in a more diversified way). The daily exercise takes between one hour and a half and two hours (at the time of the visit, the detainees were out for exercise, 6 of them who did not want to were in). Here too, the detainees talked about their wish that while they do not have other activities they could watch TV. There was no loud speaker in the room, the APADOR-CH representative recommended to the penitentiary management to take all the necessary measures that a loud speaker be installed in every room. The detainees present declared themselves content with the behavior of the staff, with the health care and food. The weekly bath is taken on Saturday and the detainees receive monthly toilet paper, soap, and toothpaste and shaving cream and razor blades.
Room 201, for women (12 persons and 15 beds). The detainees said they were fairly content with the conditions in the penitentiary (especially as regards food, health care, daily exercise and the possibility to wear clothes from home, including during the visits). The bath is once a week and in the rest of the days hot water is provided with a washing machine that is in the room. Monthly and any time there is a special situation a telephone call can be made. The daily exercise takes an hour. Eugenia Petcu has a psychic disease and is being examined in order to establish whether she is responsible for the offence that the Prosecutor made her responsible for (a robbery committed by her cousin, who assumed responsibility and which the detainee said, quite credibly, she did not take part in but only was there).
In room 202 there were 12 women (15 beds). 9 of the detainees had come for about three weeks from the Tirgsor penitentiary (in renovation). Here, too, the detainees said they were fairly content - from all points of view - with the detention conditions. The only discontent was that that they did not have a TV set (used by rotation the one in room 201). The bath is on Saturday and in the rest of the days they warm their water in the washing machine in room 201. The medical staff is attentive to the problems of the detainees. The visits, to which the detainees go in their home clothes, last for an hour, an hour and a half.
The 8 underage in the penitentiary are accommodated in room 301 (15 beds). They had just come back from the workshops, where the penitentiary was trying to give them the qualification which the minors prefer (carpentry, osier knitting, painting, sculpture). The educators and the psychologist talk to them and frequently have the possibility of playing table tennis in the sports hall. The food is good and the bath is weekly (every month they got soap, toothpaste, shaving cream and razor blades). The lavatory has a shower with a small tub, a standing water closet and a sink.
2.3 The social-educational department
The department staff includes 3 educators (2 teachers of history and a lawyer), 1 psychologist and 1 priest. Right now three positions of educators and 1 of social worker are blocked. At the Chilia Veche unit there is no educator (in the payroll there are 3 positions - 1 educator, 1 unlisted technical officer and 1 priest - but they are not filled in); the cultural educational activities are organized here by "transfer" for 7 or 10 days of an educator from Tulcea. It is especially with the help of the psychologist that special programs are run with the depressed and vulnerable detainees (especially drug addicts or addicts to various medicine). The psychologist is also dealing mainly with the detainees who have been identified as having suicidal and self-inflicting inclination, pursuing to identify and treat the whatever beliefs make the detainees "see everything in black".
The penitentiary has a good cooperation with the Foundation for the Youth of Tulcea, together with which in 2001, 7 performances (2 theatrical and 5 of folk music, light music and dancing) were organized at the Casa Tineretului (Youth House) attended every time by about 200 – 250 detainees. Likewise, 50 detainees took part in the performance organized at the Children's Palace in the locality. The officials of the institutions of culture and the town citizens that the detainees contacted had nothing to reproach as regards the detainees' behavior.
In May and July 2001, ensembles of Tulcea had two shows, in the penitentiary yard, which were attended by all the detainees. The fact that no incidents were reported on these occasions, in the opinion of APADOR-CH is a success of the penitentiary management and staff liable to reiterate the importance of confidence and lack of tension in relationships between the staff and the detainees.
The penitentiary also has good cooperation relations with the Foundation “Stinca Veacurilor”, Centrul de Resurse pentru ONG (Center of Resources for NGO-s), Serviciul Umanitar pentru Penitenciare (The Humanitarian Service for Penitentiaries) and the “Pro Democracy Association” (with the latter in programs of legislation and crime prevention).
2.4 Health care
Out of the 3 positions of general practitioner and 1 dentist on the chart, the penitentiary has only 1 general practitioner and 1 dentist (there are 5 nurses, 1 nurse of pharmacy and 1 of dentistry). The penitentiary management made numerous demarches for filling in the vacancies, but with no results. There is a considerable shortage of doctors in the Tulcea Municipality and the salary offered in the penitentiary system is little attractive. In addition to the staff on the payroll right now, the penitentiary officials feel there is need for another 2 positions of nurses and 1 of sanitation technician in Tulcea and one of nurse at Chilia Veche. (here there is only 1 nurse and periodically and whenever needed the penitentiary doctor goes to Chilia). The schedule of the general practitioner is on Monday, Tuesday and Thursday from 12.00 to 19.00 and on Wednesdays and Fridays from 7.00 to 14.00 hours. The average number of consultations a day is 80. The medical staff provides health care to the officers, as well (on Mondays, Tuesday, Thursday and Friday from 14.00 to 15.00 hours and on Wednesday from 15.00 to 17.00 hours). APADOR-CH reiterates its opinion that doctors should deal with the officers only in cases of emergency and at the periodical medical consultations (the more so as in the case of the Tulcea penitentiary where the shortage of doctors is so big).
The detainees who are sick and taken to civilian hospitals are handcuffed “only if the specialist doctor asks for this”. APADOR-CH reiterates that both the European Committee for Prevention of Torture and the UN special reporter against torture consistently and firmly stood against hadcuffing the sick detainees. In the penitentiary system in Romania such a practice is once again lacking any meaning because every sick detainee who is in a civilian hospital is permanently guarded by two unlisted officers.
In the charts of the medical ward there are 176 detainees with psychic diseases that however do not raise problems that cannot be solved in the penitentiary.
The health care service has the following logistical needs, of medical equipment and technique: for the Chilia Veche unit – 1 speed boat, 1 electrocardiograph, 1 first aid kit and 1 oxygen tube and for the penitentiary – 1 defibrillator, 1 secretion aspirator, 1 oxygen tube and 1 first aid kit.
The sick room of the penitentiary is in an improper location, inside a detention unit, problem which could be solved with the commissioning of the pavilion that is now under construction. In room 113 there were the chronically ill. The daily exercise, with the exception of Saturdays and Sundays takes one and half-hours, two hours. Once a week the detainees have their bath and monthly they receive soap, shaving cream and toothpaste, toilet paper and a razor blade. Those present here expressed also their wish that the program for watching the TV should start before 16.00 hours. One of the detainees said the library "books were not enough and quite obsolete". The lavatory also had a standing water closet, 1 shower with a small tub and 1 sink.
3. Conclusions
APADOR-CH appreciates that during the time elapsed since the latest visit of its representatives there (July 2001), the situation of the Tulcea penitentiary continued to improve. The fact that the penitentiary does not face the general and very serious problem of overcrowding is objectively a good prerequisite. However, the preoccupation of the penitentiary staff and management has contributed to a great extent in the positive developments there.
The great majority of the detainees with whom the association representative talked said they were content with the quality of food, with the provision of products for individual hygiene, with the health care and the staff behavior. In the opinion of APADOR-CH, very important is the fact that the penitentiary manages to provide a daily program of exercise with an average duration of about two hours. The association appreciates the possibility given to the detainees to wear civilian clothes both in the penitentiary and outside it, as well as during the visits. It is worth mentioning also the preoccupation of the penitentiary management and of the staff of the social educational department for organizing cultural-educational activities together with - and especially at - cultural institutions in the community. Following the previous visit, the penitentiary management gave up obliging the detainees to speak with the visitors only in the Romanian language and only family and personal issues.
APADOR-CH considers that the General Directorate of Penitentiaries could popularize and extend to other penitentiaries in the system the accumulated positive experience - in several important matters, in the opinion of the association - at the Tulcea Penitentiary.
The association considers that in the penitentiary it is necessary to analyze with more solicitude the requests of the detainees to extend the television-watching program (especially in the case of the detainees who are not included in any other program). The experience in other penitentiaries shows that this is possible, without the electricity bill - as invoked by the Tulcea officials - to be too much of a burden on the penitentiary budget. Likewise, given the current problems that the penitentiary has with reception of visitors, it is necessary to give priority to the finalization of the spaces destined for the visits section.
APADOR-CH recommends to the GDP leadership the following:
As it was noticed that social reinsertion of the released detainees continues to raise more and more serious problems, APADOR-CH asks GDP to start demarches with the concerned forums for:
Valerian Stan