Romania: Ill-treatment of 12-year-old MT

Amnesty International=s Concerns

Amnesty International has receiveda further report from Romania of ill-treatment of a 12-year-old child. The organization is concerned that thisincident, should the allegations prove to be true, would represent a violation of Romania’s international treaty obligations including the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as Article 37 (a) of the United Nations Convention on the Rights of the Child, which states that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Amnesty International is also concerned about the government=s failure to carry out impartial investigations into complaints of ill-treatment of children and to bring to justice those responsible.

The alleged ill-treatment of MT

On 18 June 2004 a few children were playing in a street in Feteşti by throwing pebbles in puddles when one pebble reportedly hit a car by accident and broke one of its signal lights. The owner, a police officer, got out of the car and went angrily towards the children who got scared and ran away. MT (his full name is known to AI), who is asthmatic, could not run fast enough and was caught by the police officer who then reportedly hit the child in the face. According to one of the children who witnessed the incident, the officer continued to kick MT even when he had fallen to the ground with his nose bleeding. Then the officer tried unsuccessfully to catch another child, after which he drove off leaving MT bleeding on the ground. After the incident, MT’s back, hips and feet were reportedly covered in bruises.

A little girl helped MT to wash his face in a neighbour’s yard and then escorted him home where he informed his parents about the incident and about the fact that he was not the one who threw the pebble that hit the car. His father filed a complaint with the Feteşti police. During the night, MT did not feel well and on 19 June he was taken to the hospital. The X-ray did not show any fracture of the nose and the boy was sent to a forensic doctor who issued a medical certificate describing his injuries as requiring 1-2 days to heal. According to the parents, after this incident MT started using the inhalator much more often than before and his nose bleeds every time he blows it. Another six adults confirmed the incident (they haven’t been heard yet by a prosecutor).

Since the police reportedly showed no interest in investigating this incident, MT’s parents called a reporter from the daily newspaper “Evenimentul Zilei”(the Event of the Day), which immediately published the story on 21 June. On the same day MT’s father filed a complaint with the Prosecutor’s Office of the Ialomiţa county where he was told that his complaint would be registered only after the submission of a forensic medical certificate. On 22 June, one day after the publication of the newspaper article, the Feteşti police reportedly became more active and started taking statements concerning the incident. On 28 June both MT and his father were asked over the phone to go to the Prosecutor’s Office in order to give new statements.

Soon after the incident, the police officer, who denied beating MT, took a study leave.

UPDATE to Ill-treatment of Florin Popa (AI Index: EUR 39/005/2002)

13-year-old Florin Popa was reportedly ill-treated by a police officer on 17 July 2001, in Hidiselu de Sus, a village some 12 kilometres southeast of Oradea. His parents consequently filed a complaint with the Military Prosecutor. The Ministry of Interior informed Amnesty International in a report dated 10 May 2004 that the investigations by the Military Prosecutor led to the sacking of the head of the local police who was implicated in the case. This decision was overturned by the tribunal which declared the head of police not guilty and also closed the case. The Military Prosecutor has appealed to a higher court against this decision.

Recommendations

As a party to the UN Convention on the Rights of the Child, Romania is bound to protect children from torture and cruel, inhuman or degrading treatment or punishment. Also as a state party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Romania is bound to initiate a prompt and impartial investigation whenever an individual has alleged that torture or other ill-treatment has occurred or, even if no complaint has been made, there are reasonable grounds to believe that such ill-treatment has occurred.

Amnesty International once again urges the Romanian authorities:

1. to ensure that impartial and thorough investigations are conducted immediately into all reported cases of ill-treatment or torture of children in accordance with Article 12 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

1. to make public full reports of the investigations and bring to justice anyone suspected of having committed torture or ill-treatment against children;

2. to ensure that a parent is notified of the child’s whereabouts and that a lawyer or an appropriate person is present when a child is being interviewed by law enforcement officials or a prosecutor;

3. to ensure that no child is deprived of his or her liberty unlawfully or arbitrarily;

4. to ensure that police officers are introduced and trained according to international standards on juvenile justice;

1. in order to prevent ill-treatment, to ensure that the rights of children are adhered to from the onset of custody. These include:

the right to be informed of the reasons for arrest;

the right to be interviewed only in the presence of a lawyer or an appropriate person;

the right to notify a relative or another appropriate person of the fact of arrest or detention and place of confinement;

the right of access to a doctor and the right to receive adequate medical care.

Amnesty International also appeals to the Ministry of the Interior

1. to publicize regular statistics on the number of complaints concerning torture and ill-treatment of children, including the number of cases which resulted in the prosecution of suspected officers.