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June 28, 2022

Tudorel Toader: ECHR to issue, on Tuesday, pilot decision on penitentiary situation; I’m hoping for a balanced decision

Justice Minister Tudorel Toader stated on Monday, during the Senate Judiciary Committee’s debates on the pardon bill, that in a few days’ time he will come up with the bill amending the Criminal Code, and announced that on Tuesday the European Court of Human Rights (ECHR) will issue its pilot decision on the situation in penitentiaries.

“What we are discussing here represents a segment of the penal policy, but also some of the measures that the ECHR is waiting for in relation to the overcrowding and the conditions in penitentiaries. As Justice Minister, this is what I can state while waiting for the decision: the Government has initiated a series of consistent measures to remove the precarious conditions, to meet the exigencies established by the Human Rights Convention, the Romanian legislation and the ECHR jurisprudence: modernising penitentiaries, building new penitentiaries, the law granting pardons, the law on compensatory damages,” the Justice Minister pointed out.

Toader said the ministry he leads will come up, in a few days’ time, with a bill amending the Criminal Code. Likewise, he stated that after the ECHR issues its decision he will present a roadmap for meeting the court’s requirements.

“With the hope that European judges know the reality in Romania, that judges do not expect we would be the best and would implement the highest standards. The judges should note the will, the determination, our good faith toward irreversibility, toward meeting European standards, toward observing the penitentiary detention requirements. I’m personally waiting tomorrow’s (Tuesday’s – editor’s note) decision, I’m hoping for a balanced decision that would understand the concrete conditions we are having, a decision after which we will come up with that roadmap, the measures we will take to meet all the decisions from the decision [sic],” Tudorel Toader stated before the members of the Senate’s Judiciary Committee.


Tudorel Toader attends Senate Judiciary Committee’s debates on pardon bill


Justice Minister Tudorel Toader went to the Senate Judiciary Committee on Monday, where the bill on the granting of pardons was debated, a bill whose tacit adoption deadline would have expired on Tuesday.

Popular Movement Party (PMP) Senator Traian Basescu also took part in the Senate Judiciary Committee’s debates on the pardon bill, having proposed the raising of the threshold of jail sentences that can be pardoned, from 5 to 10 years, and the halving of the jail time sentences received by woman convicts. PMP, the party led by Traian Basescu, distanced itself from his action, pointing out it does not endorse the amendments he proposed.

Tudorel Toader previously went before the Senate’s Judiciary Committee on March 21, when he asked for the postponement of the debates in order for the Executive to come up with “complementary” measures, considering that the granting of pardons is not a “miracle” solution but must be part of a package of measures.


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