Justice Minister Tudorel Toader announced on Friday that following the entry into force of the compensatory remedy law, as many as 529 inmates were released from prisons as of Thursday at midnight.
“Yesterday [Thursday], based on this law, the addition of six days considered as served, 529 inmates were released from prison. It’s far beyond even my expectations. I was not expecting the impact to be so big, but, certainly, that is the effect of the law,” Toader told a conference on the protection of prisoners’ rights and detention conditions in Romania.
He mentioned that the information was sent by director of National Administration of the Penitentiaries (ANP) Marian Dobrica.
Compensations between 5 and 8 euros a day to released inmates for improper detention conditions
Justice Minister Tudorel Toader said on Friday that the inmates having fully served their prison sentences will likely receive between 5 and 8 euros for each day of their serving under improper detention conditions before the coming into force of the law on compensatory remedies.
“Cases have been piled up in the thousands at the European Court of Human Rights (ECHR), which has suspended them, ruled on their halt and now we have to pay them compensations. If they are still in prison, some receive these six-day curtailments for every 30 days of their sentence. Maybe others have fully served their prison sentences, gone home, but they still have a trial, and I said that they can no longer qualify for the six days because they are already free. So they will qualify for financial compensations,” said Toader asked by journalists if the ministry can afford to pay out the compensations to the inmates released before the coming into force of the law on compensatory remedies.
He gave the example of Hungary and Italy, who set between 5 and 8 euros a day for improper detention, saying that “we probably will be in the same area too.”
“I do not set the size. I can give you two examples: Hungary has set 5 euros per each day of improper detention, while Italy has set 8 euros per each day of improper detention and the European Court has ruled that both are fair compensation. We probably will be in the same area too, the area that the Government will decide on in the bill and then Parliament as the decision maker. There is a ruling of the ECHR stating that the government may not use the lack of funds as an excuse for the failure to meet the obligations set by court order. The Government must fulfill this obligation. If the total amount is too high, the Government may pay out the compensations in instalments,” Toader said.