REPORT on the visit to the Vaslui penitentiary

1. On 8 June 2000, the APADOR-CH representatives visited the Vaslui penitentiary.

2. Background information

The penitentiary was opened in 1973. It was closed after several years and reopened in 1983. Since 1999, the penitentiary is headed by a director (a judge detached from DGP) who meets the detainees weekly, as opposed to other penitentiaries where the commanders/directors meet the inmates monthly or twice a month at the most. The Vaslui penitentiary should receive only first-time offenders with sentences of up to 10 years. But, as many other penitentiaries of the same kind do, it also receives multi-offenders and detainees whose sentences exceed 10 years, because of the overcrowding that prevails in the whole penitentiary system.

The penitentiary has its own animal farm and vegetable garden (25 hectares, all in all). The animal farm breeds about 650 pigs and a herd of 70 cattle. The farm covers 100% of the meat demands. The farm is staffed by unguarded detainees.

The penitentiary was designed to accommodate 470 inmates. Although a number of supplementary beds have been introduced, some of the rooms in the penitentiary are still overcrowded. At the time of this visit, there were 1029 detainees in the penitentiary, as follows: 1013 men and 16 women; 23 were minors (all male), 141, youth aged 18 to 21 and 14, petty offenders. The good news is that the number of persons detained on remand had decreased - 126 as opposed to the 889 whose final sentences had been pronounced. 88 detainees were unguarded and 81 under semi-open regime. The penitentiary has a staff of 184, 120 of them working directly with the detainees.

About 600 detainees go to work, especially in agriculture and in constructions. The penitentiary has concluded an agreement with the townhall for methane gas branching. As a novelty, 20 detainees have stapled ballots for the first round of local elections, on 4 June 2000.

2.1. Cultural-educational activities

The cultural-educational department is staffed by 2 officers, 4 non-commissioned officers and a psychologist, employed as a reviewer, which does not allow her to take part in the various commissions and panels (evaluation and allocation, punishment, etc.).

The contacts with the civil society are quite numerous and varied. A number of children went to the penitentiary to sing and recite poems for the detainees. The Humanitarian Service for Penitentiaries organised in 1999 training courses in tailoring (22 detainees) and computer operators (8 detainees). A religious association (The Word of Life) performed in a show against violence and drug abuse. Another organisation - City of Hope - interested mainly in the situation of street children showed their interest in one of the youth in the penitentiary and will try to help with his social reinsertion.

The penitentiary opened a closed-circuit television channel (2 hours a day) that informs the detainees on the measures taken by the management, presents various problems detainees are faced with, organises contests (e.g., "the best looking room"), etc. APADOR-CH considers that this is a very useful initiative, quite cost-effective and welcome in all penitentiaries.

Another important activity is carried out by the psychologist. The association's representatives "caught" her right in the middle of an individual therapy session (the detainees was an 18-year old who had spent the compulsory 21 days in quarantine and had difficulties adjusting to penitentiary life). In the 6 months since she has been employed by the penitentiary, the psychologist has conducted 155 complete psychological examinations (each examination supposes 7-9 appointments with each detainee). Detainees with suicidal tendencies are appointed to meet her at least once a week. The psychologist focuses mainly on individual counselling, but she does group therapy as well. Unfortunately, her opinion is not requested when the commission establishes how dangerous each detainee is, because, as mentioned before, she is a reviewer and cannot be part in the commission. Still, her opinion is taken into account when it comes to the detainees already in the penitentiary, but not in the case of detainees transferred from other penitentiaries, whose degree of risk has already been established.

2.2. Punishments for violations of internal regulations

The circuit incident report - officer in charge of discipline - commission is observed. Detainees are all heard, except for cases of minor conflicts. At the time of this visit, two detainees were under restrictive regime for 12 months (both for escape attempts) and a third - Ion Lupu - was punished with 20 days in isolation followed by 4 months of restrictive regime. Lupu had been involved in a violent conflict with another detainee that he had hit, allegedly after the latter had pricked him with a knife. Ion Lupu thought he was discriminated against because the other detainee had got only 10 days in isolation.

According to regulations, the penitentiary's discipline commission analyses the situation of a detainee under restrictive regime after he/she has served a third of the punishment, upon his/her request. The commission can suggest to DGP to shorten the punishment or to move the detainee in with the regular inmates. One of the two detainees under restrictive regime, who had served 8 months of his punishment, said he had not applied to the commission to review his case because he knew from other detainees that he stood no chance. In the opinion of APADOR-CH, the commission should analyse the situation of detainees under restrictive regime without waiting for the detainees to apply for this. The association considers that a detainee who attempted to escape is punished twice for the same deed: once by the justice system (sentences range from 6 months to 2 years or from 2 years to 8 years, in case of aggravating circumstances) and secondly by the penitentiary system (20 years of isolation followed by restrictive regime). The punishment should consist only in the sentence pronounced by courts; in the penitentiary, the detainee should simply be closely watched by the guards.

The APADOR-CH representatives saw several incident reports drawn up by non-commissioned officers, which raised doubts related to the perpetration of the deeds the detainees were sanctioned for. For instance, the detainee Sorin Ulian was punished with 10 days of isolation for "intention to hit a penitentiary employee". The file consisted of an incident report and of a statement given by the detainee, who denied ever having that intention. No witnesses had been heard. In other words, it was the detainee's word against the non-commissioned officer's, and, as it usually happened, the latter was the one that mattered. The detainee Costel Scurei was punished with 5 days in isolation for "hitting other detainees and assaulting staff members". The same incident report mentions that the detainee had actually "taken his coat off and uttered insults"! Therefore, although he had neither hit anyone nor assaulted the staff (the latter accusation is very serious and usually results in the detainee being labelled as dangerous and even prosecuted), Costel Scurei was, however, punished. It should also be mentioned that the same non-commissioned officer had reported Costel Scurei before for a violation of internal regulations, but the detainee had just been "warned" that time.

The APADOR-CH representatives noted that the detainees punished with isolation are sent to isolation only after the commission has established the punishment. In some penitentiaries, detainees can be "isolated from the inmates" even before the punishment itself, which actually means that they are transferred to isolation before the discipline commission pronounced the punishment. This "isolation" prior to the punishment itself is not deducted from the punishment.

Other punishments (restriction of the right to parcels and/or visits) are applied mush more seldom than in other penitentiaries. Only 31 such cases have been recorded this year.

According to the penitentiary director, the county courts pay special attention to applications for release on parole and to the detainees' appeals if their applications are postponed. The judges do not analyse only the reports of the parole boards, but also ask to see the detainees' penitentiary files before making their decision.

2.3. Medical assistance

The penitentiary has a general practitioner (and a vacant job opening for a second doctor), a dentist and 5 medical assistants. The doctor allots two hours daily for the staff (from 7a.m. to 8a.m. and from 2p.m. to 3p.m.). The APADOR-CH representatives wish to draw again the attention of DGP to the fact that no proper medical care can be ensured as long as one doctor is in charge of both the over 1000 detainees and the almost 200 employees. Even if the doctor's good will and tactfulness are obvious, it is clear that he cannot tend the detainees properly in the 6 hours allotted to this activity. 40-50 detainees are examined daily, which means an average of 7-8 minutes per detainee, supposing that the doctor takes no breaks.

The penitentiary is fumigated every 3 months. Lice are one of the biggest problems. The penitentiary had been fumigated against lice several days before this visit.

5 syphilis patients and 11 detainees with active TB are under permanent supervision. By means of court orders, 3 of them are under the obligation to follow their medical treatment (art. 113 Penal Code).

About 20 detainees have been tested for HIV. The doctor admitted that the detainees did not really understand what kind of test that was.

2.4. The death of detainee Constantin Doroftei following a labour accident

On 14 February 2000, the penitentiary management decided to fell some poplar trees situated on the penitentiary premises and to rent a crane for this operation. Although the craner was told that he was working next to a high voltage power line, he still raised the arm of the crane. Constantin Doroftei, who was working in the team that accompanied the crane, touched it with an iron bar, was electrocuted and died. The investigation conducted by the DGP commission for labour protection established that the detainees had been trained according with the regulations in force. Still, the penitentiary employees in charge of this department were sanctioned. The craner was prosecuted.

In 1999, two other detainees died at the Vaslui penitentiary: Stan Spanu (haemorrhagic pancreatitis) and Vasile Alexandru Bunescu (who hanged himself). No malpractice or any guilt of any other nature has been established.

3. Visit to the penitentiary

3.1. The kitchen area

The kitchen area requires urgent capital repairs. The walls and ceiling of the kitchen are damp, the paint is flaking, there are flies everywhere and the sinks where the dishes are washes are old and worn out.

The day's menu consisted of: rice without meat (regular menu) and tea with biscuits and margarine (diet menu) for breakfast; potato soup and beans with meat and bacon (regular menu) and meat soup and potato and vegetable stew (diet menu) for lunch; tea with biscuits (regular menu) and semolina with milk (diet menu) for dinner. 101 kg. pork, 27 kg. bacon and 29 kg. meat by-products had been used that day.

The beans contained very little meat for the detainees who do not work; however, the food for those who do work was visibly better.

The APADOR-CH representatives suggested the establishment of a detainee commission in charge of watching how the ingredients are taken out of the pantry and cooked. For the time being, there is a commission made of two detainees who taste the food. It should be mentioned that the detainees - especially those who have also been detained in other penitentiaries - said that the food was better than in other detention places.

3.2. The walking yards

There are 4 such yards, separated by wire fences. The detainees from this penitentiary go out for walks for about one hour and a half daily and are allowed to play football on Sundays. The association's representatives talked with several detainees whose main problem was that DGP refuses to transfer them to other penitentiaries, closer to their homes. Marian Gherasim (born in 1969), sentenced to 9 years and 4 months in prison, applied twice to be transferred to the Bacau penitentiary. Both applications were rejected. His wife and his 10-year old son, who is sick, live in Bacau and cannot visit him in Vaslui. Sidor Caprian (born in 1977) has a brother - Petrica (born in 1980) - detained at the Iasi penitentiary. Their only close relative is their father, who lives in Pascani. It is very difficult for him to go from one penitentiary to another. The solution would be to transfer them both to the same penitentiary (either Vaslui or Iasi). Bogdan Grigoras (born in 1980) has only a sister in Iasi (both their parents are dead), but his application to be transferred was rejected.

APADOR-CH is aware that all penitentiaries are overcrowded, but asks DGP to analyse these transfer application more sympathetically, as the detainees' connections with their families are an important factor in their social reinsertion.

While crossing again the walking yards, the APADOR-CH representatives discussed with the 11 TB patients from Room 34. They complained that they felt "ostracised" because of their disease: they have no radio, no TV set, get newspapers very seldom, and apart from the walks their only other activity is to go to the church about once a month. Otherwise, they do not suffer because of overcrowding (Room 34 has 19 beds) and the food is good. 10 of the 11 TB patients said they caught the disease in penitentiary, more precisely at the work points, because of the wind and rain. Their only wish is to get a TV set and to take part in more activities, especially as only two of them are visited by their relatives; the other have no contact with the outside world.

3.4. The sick room

In Room 33 there were 10 detainees and 12 beds. The room is disinfected weekly and the detainees spend one hour and a half in the open Monday through Friday. A special case is that of Valentin Mihai. Arrested in Bucharest in 1997, he was beaten by the police officers who investigated him and asked to admit to some crimes with unknown authors. Valentin Mihai swallowed washing soda. He underwent surgery at the Pantelimon hospital, but his throat still hurts. He lodged a complaint against the police officers at the Military Prosecutor's Office in August 1999. In December 1999, he was heard by a military prosecutor and has had no news about his complaint ever since then.

The lavatory consists of a toilet and a sink. The room was provided with a radio and a TV set.

3.5. The detainees' club

The club is also used as a classroom for primary school (1st to 8th grades) attended by 40 detainees and for literacy courses for 7 detainees, 4 of which are minors. The classes take place in the afternoon. The television studio for the closed-circuit network, the library and the painting circle are also located there. The individual counselling and group therapy sessions also take place there.

3.6. The rooms

In Room 19 (minors) there were 12 detainees and 12 beds. The minors complained only about the fact that they are taken out for walks for an hour and even less. However, they can play games in the room (backgammon, chess, cards), have a TV set and can watch TV for as long as they want and seemed very interested in the idea of performing in a show (similar to dramatherapy) which is going to be produced soon. There are no restrictions related to parcels, but they would like to be allowed to meet more persons from the family and their friends during the visits (for the time being, the minors can meet only two visitors at a time). The lavatory consisted of a toilet and a sink. APADOR-CH asks that the garbage can be emptied at least twice a day (not just in the morning) to avoid unpleasant smells and health risks, especially in the summer time.

In Room 6 (detainees who go to work) there were 77 detainees and 51 beds. The air was stale, and even if the iron door had been left open the ventilation would still have been faulty. One of the detainees suggested that the room could be provided with a fan and the suggestion was reported to the director. The detainees complained that they got about 200 gr. of soap every two or three months for two detainees and that they got no detergent. The room had been fumigated a week before the visit, but the lice are still frequent. Many detainees believe that their requests do not make it to the director. Lazar Licu had asked several times to be visited by his concubine and got no answer. On the day of this visit, the director had held his weekly meeting with the detainees. Licu asked verbally for permission to be visited by his concubine and got it on the spot. The director had known nothing about his previous requests.

A serious situation reported by some detainees regarded non-commissioned officer Gheorghe Vulpe, the chief of one of the work points, who refused to receive them at work because "they were Gypsies". The insults against this ethnic group are usual in Vulpe's vocabulary. Other detainees complained about the drinking water that they get when they go to work: a barrel that stands in the sun, so that the water gets warm. After lunch, they are not allowed to take some time off and are urged to go to work immediately. Any protest is sanctioned by the chief of the work point by means of an incident report.

The refusal to work is punished by suspension of the right to parcel and/or visit, although many other detainees have nowhere to work, although they would like to. Radu Babaciu refused to work and was punished by suspension of the right to parcels and visits.

Sebastian Smahon (born in 1975) obtained the DGP approval to be transferred to the Botosani penitentiary. All his family lives in Botosani. Still, after being first sent to Botosani on 3 March 2000, the penitentiary sent him to Vaslui after only 3 weeks. Smahon had problems with the Botosani penitentiary staff while he was serving a previous term in prison. Moreover, he set himself fire because he had been beaten to admit to crimes he had not committed (with unknown authors). Smahon believes that is why the Botosani penitentiary does not want him back.

Some detainees complained that the table that separates detainees from visitors in the visiting area is too tall and wide and the chairs too small. Some non-commissioned officers force them to sit down, so that they can barely see the visitors. The association's representatives discovered that the detainees were right.

The women section is made of two rooms. One of them accommodates the 5 women who work in the kitchen and who are completely separated from the others. The section looks much better than the rest of the penitentiary. The detainees spend time in the open in a small garden where they grow flowers and vegetables (they spend about 3 hours a day in the open), they receive soap and detergents once a week, the sheets are clean. Although hot water runs only on Fridays, they receive barrels of hot water every day, so they have no problems related to personal hygiene.

The detainees raised two problems: firstly, they do not have a TV set; secondly, they are bound to wear the penitentiary uniform (and kerchiefs on their heads) when they receive visits. This obligation - valid almost for the entire penitentiary system both for men and women - can have a negative impact, especially on the children that visit their parents.

One of the detainees - Valeria Negru - sentenced to one year in prison for embezzlement (the damage amounts to lei 12 million) suffers from hepatic cirrhosis, a disease very hard to treat. She was advised to apply for pardon.

Conclusions:

- Despite the numerous problems, the APADOR-CH representatives noted that the atmosphere was less tense than in other penitentiaries, perhaps partly because the detainees trust the director - who is a judge - more than a military commander. The involvement of the young chief of the cultural-educational department in penitentiary life and activities is also noteworthy;

- The psychologist's activity should be supported and encouraged. APADOR-CH suggests that she be co-opted in all the commissions in the penitentiary, although she is employed as a reviewer;

- The association urges DGP to make efforts to speed up the capital repairs of the kitchen;

- The association urges DGP to clarify the doctors' duties towards the penitentiary staff and their families, especially where there is only one doctor (e.g. Vaslui);

- APADOR-CH asks for an investigation concerning the anti-Roma attitude of non-commissioned officer Vulpe;

- The association asks the management of the Vaslui penitentiary to pay more attention to the 11 TB patients, or at least to provide their room with a TV set. The women section should also be provided with a TV set;

- The association asks DGP to show more sympathy for the applications for transfer of the detainees who wish to be closer to their homes and families.

Manuela Stefanescu
Valerian Stan