The Legal Committee senators on Tuesday postponed with a week the decision on the proposal made by the Social-Democrat Serban Nicoale that MPs charged with corruption offences should not be taken to the arrest facilities in handcuffs.
The PSD senator wants the politicians who are not suspected of violent crimes not to be arrested so that ‘the suspect or defendant to be brought in with a warrant (…) if investigated for an intentional criminal offence against life, that caused bodily harm or death of a person’.
The Liberal Senator Catalin Boboc, Chairman of the Legal Committee, told ‘Evenimentul Zilei’ that a report in the matter would be prepared within two weeks, and that both CSM and the Office of the Prosecutor General had been asked for a position.
By delaying making a decision in the matter of Serban Nicolae’s legislative project, the senators members of the Legal Affairs Committee want to give him the opportunity to rephrase the text of the bill and bring it in agreement with the observations received.
‘Handcuffing a person who is subject of a custodial measure should be seen as an exceptional measure, as stipulated by Law 254/2013 applicable to convicted persons detained or arrested in different cases – when a state of danger needs to be avoided, when the concerned person is someone who has tried to flee the escort or pursuit, when there is a risk that the person may self-harm or harm another (…) The handcuffing, which is a form of humiliation, should be an exceptional formula’, the PSD senator explained during the debates on the Legal Committee.
He said he was unhappy with the fact that, although he had asked CSM for an opinion on his legislative bill, the answer he had got was ‘of gross incompetence and arrogance regarding the legislative proposal of a senator’.
CCR president: ‘Extending detention period would now be unconstitutional
The change of the detention period proposed by the National Anti-corruption Directorate (DNA) and the Superior Council of Magistracy ( CSM) from 24 to 72 hours, or 48 hours, is unconstitutional, the President of the Constitutional Court of Romania (CCR), Augustin Zegrean, said on Tuesday.
‘Our Constitution now says that a person may not be detained fro more than 24 hours. This is a safeguard of the right to freedom. Section 152 of the Constitution says: fundamental rights safeguards may not be object of revision, among other things. I believe you have my answer’, Zegrean said during the ‘Constitutional jurisdiction’ international conference at the Suceava University, bringing together representatives of constitutional courts of Lithuania, R. Moldova and Romania. On the other hand, the head of the Constitutional Court of Lithuania, Dainius Zalimas, said the detention duration in his country is 48 hours and, when it expires, the Court decided whether to keep the measure or not.
In R. Moldova, according to the President of the Constitutional Court, Alexandru Tanase, a person may only be detained for 72 hours.
‘Moldova has a sadder history in this field, because the Government has been condemned by ECHR in a multitude of matters. As finality, we have a rather clear domestic case law. Remand is used in extremis. As long as it is possible and there is no risk that a person may not report to the criminal investigation body and there is no risk of evasion. Courts, as a rule, keep people under remand for no longer than 60 days’, Tanase said.