Transferul în alt penitenciar – un drept sau un ideal mult prea greu de atins pentru persoanele condamnate?
Transfer to another penitentiary – a right or an ideal too difficult to attain by convicted persons?

Summary/Abstract: This study analyses the legal framework governing the transfer of convicted persons to another penitentiary, with a focus on the criterion of proximity to the inmate’s residence and the practical difficulties arising from its application. The research shows that, although legislation refers to this criterion as a guiding element in determining the place of detention, the absence of its express recognition as a right of the convicted persons grants the authorities responsible for determining the place of detention a wide margin of discretion. This directly affects the exercise of other rights of convicted persons, such as the right to visits and to family life. In parallel, the study integrates relevant elements from both national case law and the case law of the European Court of Human Rights regarding long distance transfers and their impact on the private and family life of persons deprived of liberty. It can be observed that, in the absence of clear procedural safeguards and adequately reasoned transfer decisions, disproportionate interferences with the detainees’ fundamental rights may occur. The study proposes normative clarifications of the applicable legal framework, as well as solutions for improving the procedures for examining and challenging transfer decisions, so that this “right” acquires the proper meaning in terms of both its interpretation and practical application.

• Details
• Contents