An Examination of The Romanian Prison System During The COVID-19 pandemic. Are “Zero Cases” Possible?

ABSTRACT

In spite of all the measures taken during the past decades, the Romanian prison system is still considered overcrowded by European standards (111% above rated capacity in June 2020). However, very much against the trend set by other European jurisdictions, Romania did not opt for an early release scheme to fight COVID-19. Instead, the government took steps to strengthen its internal mechanisms to ensure safe interactions between staff and inmates, between inmates themselves, and between inmates and the outside world.

This paper explains why that was the only option on the table for the Romanian authorities and then provides a preliminary assessment of the consequences of this strategic decision. Overall, with no known case of infected prisoners, while serving their sentence inside the penitentiary system, it seems that the route taken by the Romanian prison authorities was an effective one, at least in terms of minimizing the outbreak of Covid-19 in the prison system. At least so far … However, the legal, psychological, and experiential consequences of these strict medico-carceral measures for the prisoners and their families remain to be explored.

KEYWORDS:

• Prisons
• prison resources
• prison experience
• COVID-19
• socio-medical measures
• Romania
• pandemic
• alternatives to incarceration
• early release mechanisms
• prison reform

Acknowledgments

The authors are deeply grateful to the National Administration of Penitentiaries/Romania for all the data that was provided to support this paper.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1. WHO Timeline – COVID-19. https://www.who.int/news-room/detail/27-04-2020-who-timeline—covid-19.

2. WHO announces COVID-19 outbreak a pandemic. https://www.euro.who.int/en/health-topics/health-emergencies/coronavirus-covid-19/news/news/2020/3/who-announces-covid-19-outbreak-a-pandemic.

3. Rezmives and others v. Romania (25th of April, 2017). http://hudoc.echr.coe.int/eng?i=001-173351.

4. Decision no. 443/2016 of the General Director of the National Administration of Penitentiaries on the approval of the Working procedure for giving rewards based on the Credit system for the participation in educational programs and activities, psychological and social assistance programs and activities, lucrative activities, as well as participation in the prevention of risk situations, published in the Romanian Official Gazette no. 427 from 07 June 2016.

5. See summary: https://www.nineoclock.ro/2019/01/16/compensatory-remedy-law-and-its-effects-theme-of-tough-debate-in-society-president-demands-from-govt-in-depth-analysis-solutions-jusmin-toader-we-are-analyzing-the-consequences-of-deeds-committ/.

6. Also known as an “intimate visit,” is a visit that allows partners to spend a few hours together in a special cell.

7. According to the law, a special judge (a supervising judge of the deprivation of liberty) is appointed in every prison to observe the prisoner’s rights. S/he is independent from the prison administration and his/her decisions regarding prisoner’s rights are compulsory for the prison administration.

8. Order of the Minister of Health no. 489/2020 from March 23, 2020 on the approval of the administration, financing and implementation of priority actions for monitoring, treatment and care of the critical patients, with emerging and reemerging infections (AP-IE/RE).

9. According to the Measures plan for the penitentiary system, at the cessation of the state of emergency, approved by the decision of the general director of the National Administration of Penitentiaries no. 446/14.05.2020.

10. Measures plan for the penitentiary system at the establishment of the state of emergency in the territory of Romania, approved by decision of the general director of the National Administration of Penitentiaries.

11. According to the Measures plan for the penitentiary system, upon the extension of the state of emergency in Romania, approved by decision of the general director of the National Administration of Penitentiaries.

12. Order of the Minister of Health no. 489 from March 23, 2020 on the approval of the administration, financing and implementation of priority actions for monitoring, treatment and care of the critical patients, with emerging and reemerging infections (AP-IER/RE).

13. https://rm.coe.int/16809cfa4b Statement of principles relating to the treatment of persons deprived of their liberty in the context of the Coronavirus disease (COVID-19) pandemic.

See also: https://rm.coe.int/16809ef566 for a follow-up statement regarding the situation of persons deprived of their liberty in the context of the ongoing COVID-19 pandemic.

14. Group for Strategic Communication is an official body established within the Ministry of Home Affairs to communicate the official data regarding the pandemic in Romania. More can be found at https://www.mai.gov.ro/informare-covid-19-grupul-de-comunicare-strategica-1-septembrie-ora-13-00/.

15. Appointed according to the Order no. 377/2017 from March 30, 2017 from the Ministry of Health on the approval of the technical standards for the achievement of the national public health programs for 2017 and 2018, with subsequent amendments and additions.

16. Apador-CH made an inquiry on the COVID-19 situation in the Romanian prisons for the first three months of the pandemic and come up with the same conclusions. The report will be briefly available on the organization website: https://www.apador.org/en/.

17. A number of 1,298 new persons tested positive on the 2^nd of September, compared with 1,053 new positive cases on the 1^st of September. The number of positive tests depends on the total of tests performed but the overall trend now has been increasing. Source: https://stirioficiale.ro/informatii.