REPORT on the visit to the Botosani penitentiary
The Botosani penitentiary covers the counties of Botosani and Suceava. According to standards, the penitentiary was designed to take in 710 detainees, but it actually has 996 beds. On the day of this visit, there were 1062 inmates, as follows: 350 detained on remand, 36 women, 34 minors (4 girls) and 11 petty offenders. Although theoretically the penitentiary should receive only first-time offenders whose punishments do not exceed 10 years in prison, because of the overcrowding prevailing in the whole penitentiary system, it also receives multi-offenders and persons whose sentences are higher than 10 years. 60 detainees are detained in the unguarded system and 119 benefit from the semi-open regime.
More than half of the detainees (627) were working on the day of this visit, mainly in agriculture (although the status of former agricultural farms that employ them is uncertain) and in a private furniture factory.
The penitentiary has its own vegetable garden and animal farm. 23 of the detainees (either unguarded or under semi-open regime) work in the animal farm (600 pigs and about 75 cattle), and 29 of the regular detainees work in the vegetable garden.
One of the most serious problems concerns the drinking water supplies. As the penitentiary is situated at the end of the water supply system, the water has a low pressure or does not run at all, so that the detainees have to carry water daily with barrels. On the day of this visit, the water did not run at all, as the water tank was being cleaned.
A new wing was being built to receive the newly arrivals and the kitchen area was under repair.
As the local elections had been organized on 4 June, the APADOR-CH representatives asked how they had been organized at the penitentiary. 498 detainees (whose final sentences had not been pronounced) cast their ballots before a commission from outside the penitentiary. The commission left the penitentiary with the ballot box sealed.
Cultural-educational activities
The department is staffed by 2 officers, 2 civilians and a non-commissioned officer in charge of technical aspects. A psychologist will be soon added to the team. One of their remarkable actions over the last year consisted in encouraging the detainees who have a gift for painting. The penitentiary organized a painting exhibition on Easter, in town; several paintings were exhibited in Iasi and 5 were sent to Bucharest, for an exhibition organized by DGP. On the last occasion, one of the paintings was sold. The detainee who had painted it got half of the money, the penitentiary the other half. The exhibition organized in Botosani was attended by some detainees whose behavior left nothing to be desired. APADOR-CH considers that this initiative must be encouraged and continued. On 29 July, the penitentiary will organize an "open doors" day, which will include a painting and folk art exhibition, with exhibits manufactured by detainees.
Other activities were organized jointly with two non-governmental associations: "Activ" and GRADO. "Activ" organized qualification courses of four months each (carpentry, for 20 young detainees and computers, for 15 detainees under 30). GRADO organized a dramatherapy project and subsequently a performance with a cast made of detainees, presented in town in 1999.
The penitentiary radio station started functioning in May. APADOR-CH expressed reservations related to the broadcast of religious services, which means that all detainees have to listen to the Orthodox service, even if they have a different faith (Pentecostals, for instance) or no religious faith at all. The penitentiary management replied that the detainees can turn the loudspeakers off.
Besides daily walks, the detainees are involved in sports activities once a week for an hour (especially football).
The penitentiary has subscribed to dailies and tries to encourage the detainees to subscribe themselves. The detainees can watch TV from 8a.m. to 11a.m. and from 2p.m. to 10p.m. and even longer, if there is a film or a sports broadcast on.
On the other hand, the detainees take part in literacy courses.
At the time of this visit, none of the detainees were under restrictive regime, but 3 were in isolation. The new procedure regarding incident reports, analyzed by the officer in charge of discipline and then by a commission who has the final say seems to pay off, in the sense that the deeds are more carefully weighed, the detainees and their witnesses are heard and asked to give written statements, which are attached to the file. In the first trimester of this year, only 4% of the detainees have been punished for violations of internal regulations. This percentage includes light punishments, such as warning and reprimand. As the DGP order is not clearly worded, it is not clear whether all detainees with incident reports have to be heard by the commission, regardless of how serious the deeds, or just those proposed for punishments with isolation, restrictive regime or transfer to a maximum-security penitentiary. The APADOR-CH representatives asked if the detainees are punished for disrespectful attitude towards the staff. In many cases, there are no witnesses, so that the officer in charge of discipline and the commission had to choose between the employee’s and the detainee’s version. In most cases, they believe the employee. The APADOR-CH representatives do not mean that officers and non-commissioned officers must be the target of insults, threats and verbal abuse from the detainees, but rather that the former should be more tolerant with persons who spend long years in detention, in poor detention conditions and under permanent stress.
According to the latest orders, the isolation rooms are provided with stone beds. The detainees have mattresses, sheets, blankets and pillows at their disposal only from 10p.m. to 5a.m. During the day, all they can do is sit on the stone beds. APADOR-CH considers that this situation amounts to an inhuman and degrading treatment that jeopardizes detainees’ health. One of the three detainees punished with isolation (Gabriel Dumitru Oancea) declared he had been punished with 5 days in isolation for refusal to report to work. APADOR-CH has met similar cases in other penitentiaries and believes that, as long as no penitentiary can ensure enough work places for all detainees fit to work, the detainees who do not want to work should be replaced with others who do rather than punished.
The penitentiary has employed two general practitioners, a dentist and 5 medical assistants. There is also a job opening for a specialised doctor and the penitentiary management wants to employ a psychiatrist. As in many other penitentiaries, the doctors also tend the staff and their families. Dr. Maier – on duty that day – accompanied the APADOR-CH representatives in their visit and told them he had not heard of any DGP order that provides that medical assistance for the penitentiary staff must be ensured only in emergency cases or for the compulsory medical check-up. But DGP informed APADOR-CH that this measure is in force since July 1999. It should be mentioned that a letter of the Medical Department with the Ministry of Justice (no. 2697/17.12.1999) and another order issued by DGP (no. 853/c of April 2000) regulate the conditions under which the penitentiary staff can benefit from medical assistance, drug supplies included, which runs counter to the information provided by DGP to APADOR-CH. Dr. Maier said he examined 50-60 detainees daily, even up to 100, sometimes, and that he allotted one hour up to one hour and a half daily for the staff. Moreover, he pays house calls to examine the employees’ families. Under these circumstances, the APADOR-CH representatives raise the issue of the quality of the medical act with respect to the detainees, who have no opportunity to resort to doctors other than the penitentiary doctors (as opposed to the staff). The detainees complained about Dr. Maier’s behavior to the APADOR-CH representatives. A detainee on hunger strike (Dorofte) lodged a complaint against the doctor and a non-commissioned officer at the Military Prosecutor’s Office because the two had allegedly beaten him in a toilet at the County Hospital. Another detainee (Constantin Tofan), transferred from the Iasi penitentiary where he had had a conflict with Dr. Ouatu, said that Dr. Maier had told him upon his arrival in Botosani that he would not let him "destroy Ouatu" and had wanted to beat him, but the other penitentiary doctor had stopped him. Tofan also said that Maier had turned the medical office into an "investigation office". Maier’s pride that "he does not admit being lied to by the detainees" is not, in the opinion of APADOR-CH, the most appropriate quality of a penitentiary doctor, in charge of over 1000 detainees. It should also be mentioned that none of the detainees complained about Dr. Maier’s colleague or about the medical assistants.
According to Maier, the detainees from the Botosani penitentiary suffer mostly of digestive and lung diseases. 8 syphilis patients are under treatment. HIV tests are performed only upon the written requests of detainees (MFC, one of the detainees, asked to be tested and tested positive). Some detainees maim themselves; these cases are regarded as violations of internal regulations and punished, usually with isolation. In the opinion of APADOR-CH, the detainees who maim themselves should no longer be punished because, besides their physical suffering, these detainees’ situation when brought before the parole board and the courts that decide on their release becomes more difficult.
The doctor complained about the lack of medical equipment. The surgical equipment is old and incomplete. Drug supplies are also scarce, as the penitentiary had at the time of this visit a debt of lei 70 million to the drugstore that supplies them.
Dr. Maier mentioned that DGP issued an order (on 7 April 2000) according to which the detainees on hunger strike are no longer ensured the daily share of 2200 calories. In other words, a detainee on hunger strike is invited daily to eat the regular menu: if they accept, it means that they are no longer on hunger strike; if not, they are given nothing else. Two of the detainees were on hunger strike: Gheorghe Bozdorog and Dorofte. The first has been on hunger strike since 3 March 1998 because his case file had been sent back to the first instance court by the Supreme Court of Justice and had simply disappeared for a year. He had eaten nothing since 8 April and, on the eve of the APADOR-CH visit, his state of health had deteriorated so much that he had to be sent immediately to the County Hospital. On the very day of this visit, a prosecutor had informed Bozdorog that his file had been found and his trial was pending. Everybody, including the APADOR-CH representatives, tried to determine the detainee to quit starving himself and recover his forces. The second detainee, Dorofte, had been on hunger strike since March 1999. The detainee (the very one who had complained at the Military Prosecutor’s Office against the doctor and a non-commissioned officer) did not make much sense; anyhow, it appeared that he required a medical intervention at one eye and he got no treatment for his diseases (syphilis and pan-gastritis). It seems that the detainee mistakes the result of medical analyses for detainees on hunger strike with RBW.
3.1. The kitchen area
As mentioned before, the kitchen area was under repair, the food being prepared under a shade next to the building. The menu consisted of spinach with meat (regular menu) and potatoes with meat (diet menu) for breakfast; soup and stew with potatoes (regular menu) and the same courses, with less salt and more meat (diet menu) for lunch, tea with bread and biscuits (regular menu) and biscuits, milk and cheese (diet menu) for dinner. 69.400 kg. pork and 30 kg. lard/bacon had been used that day. No meat by-products had been used. As a novelty, part of the meat that should have been used for the detainees’ food had been substituted with milk (116 liters of milk replaced 46.600 kg. meat). From the menu, one could infer that the milk had been used only for the detainees on diet. Therefore, it’s no wonder that the food for the detainees who do not work contained only tiny bits of meat and lard. The diet menu contained more meat, but lard and bones prevailed. Allegedly, the detainees who work receive better food (with more meat).
The rooms where dishes are washed had two old stone troughs, which are still in use although it has been fitted with three new stainless sinks.
Bread was stored in a room that communicates with the refrigeration room through a window. In both rooms the stench was unbearable, similar to that of a pig farm. The interior walls of the refrigerators were rusty and unfit for the storage of food, even for a short time.
There is a detainee commission that taste the food and make notes in a register. The text is always the same ("the food meets quality standards"). APADOR-CH suggested that this commission should follow the pattern encountered in other penitentiaries, namely that they should be present when the ingredients are taken from the pantry, when the food is prepared and only then should they should taste the food. This would eliminate the detainees’ suspicions concerning the quantity of ingredients used to prepare their meals. This does not mean that the employees who work in this area are dishonest (although the non-commissioned officer from Galati who had stashed away 8 kg. of meat seems to raise some doubts in this sense). It is just an attempt to eliminate some of the tensions between detainees and staff.
The two rooms had 15 beds, so that each of the 14 sick detainees had his own bed. Unfortunately, there are no TV sets there ("because of the continuous flow of detainees", according to explanations), but the detainees can read newspapers ("Curentul", "Cronica Romana"). In the second room, the APADOR-CH representatives found a multi-offender (Marian Schnitzer from Corlateni) who said he had been sentenced to 6 years in prison for having stolen 3 water melons (the prejudice amounted to lei 400,000). Another detainee, Constantin Pavaloaie, aged 78, had been sentenced to a 3-month term in prison for "physical injury". The detainee said that the "physical injury" had actually meant that he had slapped the victim. The detainees who are able and willing to go out for walks can do so for one hour daily.
In Room 2 (minors) there were 15 detainees and 18 beds. Some of the mattresses were very old and worn out (torn, dirty, the stuffing forming big clumps). The lavatory consists of a toilet, a sink and the usual garbage can. As the can is emptied only in the morning, the stench makes the air even harder to breathe, especially in the hot season.
In Room 1 (quarantine) there were 27 persons and 18 beds. The air was stale because of the stench and heat. These detainees’ only "pastime" during the 21 days of "preparation" for penitentiary life is that they can go to the club daily (for about 30 minutes).
In Room 7 (dangerous detainees), the detainees raised numerous issues, starting with the criteria on the basis of which they were selected for this room and ending with the behavior of some non-commissioned officers. Ion Steclariu, sentenced to 3 years and a half for forgery, said he did not know why he was regarded as a dangerous detainee and asked to see his penitentiary file, but his request was denied. Relu Belciug, sentenced to 5 years for outrage against several police officers, thought he was regarded as a dangerous detainee only due to the nature of his crime. The detainees said that many other truly dangerous detainees were confined with the regular inmates. The penitentiary management said that the dangerous detainees have the same rights as all the others. The APADOR-CH representatives noticed, however, that the rooms that accommodate dangerous detainees are searched more often, the detainees are taken out in handcuffs and the door is opened only in the presence of an increased number of non-commissioned officers.
The detainees in Room 7 said they were taken out for walks Monday through Thursday, for about 15-20 minutes (sometimes only 10 minutes). They also said they had seen detainees beaten and handcuffed to beds by non-commissioned officers and specified the names of two such detainees, which had been transferred to other rooms. Gelu Ungureanu said he had been beaten by non-commissioned officer Achelaritei, who found two bottles of alcohol on him, and then was punished with isolation. APADOR-CH agrees that Ungureanu had committed a serious violation of the internal regulations, for which he was sanctioned properly, but considers that the non-commissioned officer’s behavior was unacceptable. Several detainees complained that some non-commissioned officers incite them to react violently. It should also be mentioned that the APADOR-CH representatives returned to Room 7 at the detainees’ request. They said that, after the first discussion, a non-commissioned officer had threatened them that their situation will change if they go on speaking. The detainees also complained about the poor quality of food and about the lack of soap, detergent and toilet paper. Dumitru Corduneanu, sentenced to 20 years in prison, wants to work but is not allowed to. He said that, although he is qualified (as a painter and a mechanic) he would be willing to do any sort of unqualified work. Corduneanu said he has ulcer and should be operated but, despite his repeated applications, his transfer to the Jilava penitentiary hospital was denied.
The lavatory consisted of a toilet (broken at the time of this visit) and a sink.
In Room 19 (detainees unfit to work and detainees with high punishments) there were 64 detainees and 54 beds. The detainees also complained about the poor quality of the food, that they go out for walks only for half an hour daily, in a yard so small that they do not even have enough room to move if all of them go out (the yard is 5x7 meters, with a ceiling made of bars and no shade. This is the only walking area for all the 500 detainees in Section 2.) Some detainees said that there were times when the food parcels were turned down by the penitentiary and returned to sender. (The non-commissioned officers who work in the visiting area and the parcel department denied ever having returned to sender any parcel.) The detainees also said that the parcels are taken from the post office twice a week (on Tuesdays and Fridays), so that some of the food gets spoiled. They complained about the scarcity of drinking water, that the iron doors of the cells are not left open in the hot season and that the guards draw up incident reports for any trifle. They are also dissatisfied that their clothing is stored in the warehouse and that they need the commander’s approval to get anything from there (even a T-shirt or pajamas). The detainees also complained about the phone call schedule (only on Saturdays). Mihai Liviu Chelariu, sentenced to 16 years in prison for murder, maimed himself in June 1998 and has not been able to use his hands since then. The detainee that used to held him had been released several days before. The penitentiary management and the doctor were familiar with this situation, but said that no other detainee in the room had wanted to take over this duty, so that they had decided either to transfer him to another room or to bring there someone else, willing to help Chelariu. Chelariu also had a boil on the left buttock and, although he had repeatedly asked non-commissioned officer Matei to take him to the medical office, the later had constantly refused. Another detainee, Eftimie Zaharia, had maimed himself in order to be taken to the dental surgery. Gheorghe Ababei went on hunger strike to benefit from medical treatment. Almost all detainees complained about Dr. Maier’s behavior (who, "steps on corpses", as they said, meaning that he had no scruples and no mercy).Three detainees had lice on their undergarments.
At the women section, which had only two rooms, all detainees were in the yard. The yard is small and also used to dry the laundry. The detainees’ wish was to have at least a TV set available for the two rooms. A second problem – valid for the whole penitentiary system – is the obligation to wear penitentiary uniforms (khakis or striped) even during the visits. An older decision of the Constitutional Court established that they can wear their own clothes if they are decent and appropriate for the season. But in most penitentiaries the uniform is compulsory and the detainees are allowed to wear beasides that only sports clothes during sports activities (training suits, jumpers, t-shirts, etc.). The APADOR-CH representatives consider that the obligation to wear the penitentiary uniform during the visits should be eliminated, especially if some of the visitors are children. The detainees are not taken to the penitentiary club and have only a chess game at their disposal.
The semi-open section is made of four rooms. The detainee can move from one room to another or go out in the yard of this section throughout the day.
The whole penitentiary has a shower room with 23 showers. Hot water runs on Fridays, Saturdays and Sundays when each series of detainees (including women and sick detainees) can spend 15-20 minutes in the showers.
Conclusions:
- APADOR-CH asks DGP to place at the disposal of the Botosani penitentiary the amounts they need for capital repairs of detention rooms. The money is necessary after the penitentiary finalizes the new receiving point and the kitchen area, on condition that funds are made available. Another problem to be solved as fast as possible is related to the drinking water supplies;
- The association urges the new penitentiary commander (transferred about 3 months before from the Slobozia penitentiary) to investigate the detainees’ allegations related to the behavior of some of the penitentiary staff (incitement, beating, handcuffing, incident reports drawn up for minor deeds, etc.) and to take severe measures to sanction those found guilty;
- APADOR-CH considers that Dr. Maier’s attitude should also be seriously analyzed. The association urges DGP to clarify the relationship between penitentiary doctors, penitentiary staff and their families (what are the doctors’ duties, when they can examine and provide drugs to them and their families, etc.);
- The detainees’ food is a constant problem. APADOR-CH suggested the establishment of a detainee commission (apart from the detainees who work in the kitchen) who should be present when the food is taken from the pantry and cooked and then should taste the meals. This would eliminate part of the problem. Although the officers said that the food is better for the detainees who go to work, the detainees told the association’s representatives that there is no difference. The association asks the penitentiary management to ban the use of the old stone troughs in the kitchen;
- APADOR-CH urges DGP to review the provisions concerning the compulsory use of penitentiary uniforms, especially during the visits;
- The association considers that the detainees should not be labeled as "dangerous" solely on hearsay from the police officers who investigated their cases (usually, the police officers simply write a few lines on the cover of the penitentiary files, providing no hard evidence). The association also believes that the "recommendations" made by SIPA should not be compulsory in establishing whether the detainees are dangerous (the APADOR-CH representatives saw in other penitentiaries the files of "dangerous" detainees who had been drawn no incident reports, but had been labeled as such simply because "SIPA said so"). The association considers that this classification should be up to the management of each penitentiary, who should take into account exclusively the detainee’s behavior in the penitentiary, leaving aside subjective elements (antipathy towards a detainee, especially because they have "big mouths", or based on the negative references they got in other detention places, etc.);
- APADOR-CH urges the Botosani penitentiary management to make efforts in order to continue the cultural-educational activities carried out in 1999 and 2000, especially those that suppose contacts with the outside world (exhibitions, performances, etc.);
- APADOR-CH asks for an investigation meant to clarify and solve the special case concerning the detainee Dorofte.
Manuela
Stefanescu
Valerian Stan