THE DEPARTMENT FOR ARMY, JUSTICE, POLICE, PENITENTIARIES
- organization and area of competence
- who can notify us
- the matters about which you can notify us
ORGANIZATION AND AREA OF COMPETENCE OF THE DEPARTMENT FOR ARMY, JUSTICE, POLICE, PENITENTIARIES
The activity of this department is structured on four levels of competence, aiming, in general, at violations of fundamental rights in the army, justice, police and penitentiaries.
Mainly, the complaints received by the Department for Army, Justice, Police, Penitentiaries refer to the Ministry of National Defense and its structures, the General Staff of Defense and the General Staff of the Armed Forces, the Ministry of Justice and its structures, the Superior Council of Magistracy and Judicial Inspection, The Ministry of Internal Affairs and its structures, the Romanian Police and its subordinate units, the Romanian Gendarmerie and its subordinate units, the Border Police, the National Administration of Penitentiaries and the penitentiaries within its structure.
WHO CAN NOTIFY US
Complaints may be addressed by any person aggrieved in his or her rights by acts or deeds of persons or administrative bodies within the armed forces, the judiciary, the police or penitentiaries.
Complaints must be made in writing and indicate the name and address of the person aggrieved in his or her rights and freedoms, the rights and freedoms violated, as well as the administrative authority or civil servant concerned. The complainant must also prove the delay or refusal of the public administration to legally resolve the petition.
The management of penitentiaries, juvenile re-education centers, penitentiary hospitals, the Public Ministry and the Police are obliged to allow, without any restriction, persons serving prison sentences or, as the case may be, are arrested or detained, as well as minors in re-education centers, to address, in any way, the People’s Advocate institution regarding the violation of their rights and freedoms, except for legal restrictions.
THE MATTERS ABOUT WHICH YOU CAN NOTIFY US
Most often, the subject of the notifications addressed to the Department for Army, Justice, Police, Penitentiaries refers to:
- problems related to actions capable of generating unjustified violations or restrictions of civil rights and freedoms
- dissatisfaction with working conditions or non-payment of military salaries
- non-granting of leave, permits or improper attitude of the higher hierarchical bodies
- dissatisfaction with the lack of medical or psychological assistance for military personnel
- issues related to the rights of the military personnel or the rights of war veterans
- delayed response or even lack of response from control bodies
- lack of information on the rights of persons who apply to the courts or criminal prosecution bodies (e.g. free legal aid)
- dissatisfaction with the activity of the archive or registry service of courts or prosecutor’s offices
- dissatisfaction of judges or prosecutors regarding improper working conditions, non-payment of salary rights, abuses of hierarchically superior bodies
- dissatisfaction regarding the lack of response and solicitude of the national or local police bodies or gendarmerie or of the the Ministry of Internal Affairs to the citizens’ requests
- dissatisfaction with the unfair and illegal application of sanctions by law enforcement officers
- dissatisfaction with the misconduct of national or local police and gendarmes
- delaying the resolution of complaints or notifications addressed to national, or local police or gendarmerie structures
- improper performance of duties by national or local police or gendarmes
- improper functioning of the various compartments of the national, local police or gendarmerie (hearings service, public relations department, etc.)
- dissatisfaction with the conditions in the detention and remand centers which are subordinated to the Ministry of Internal Affairs and non-observance of the rights of persons detained in these centers
- dissatisfaction of national or local police officers and gendarmes regarding inadequate working conditions, non-payment of salary rights, non-granting of rest or leave, abuses of hierarchically superior bodies, etc.
- dissatisfaction with the conditions of detention and the conduct of prison staff
- the distribution of detainees in penitentiaries located at a great distance from their home address
- repeated and unjustified transfer of detainees from one penitentiary to another
- lack of medical care or psychologists in prisons
- problems related to the lack of security of detainees in prison
- unjustified refusal to grant detainees’ right to visit or other rights
- non-compliance with the food refusal procedure (Art. 54 of Law 254/2013)
- the dissatisfaction of the penitentiary workers regarding the inappropriate working conditions, the non-payment of the salary rights, non-granting of pension rights, abuses of the hierarchically superior bodies, etc.