“De Jure” and “De Facto” Situation in the Detention System Case study: Romania

Abstract

The main purpose of this paper is to point out the major differences that are found between the situation imposed by the law norms in the area of detention and the facts found in the Romanian imprisonment system, using the technique of social documents analysis: specialized books, documents, legal acts and also the comparison method. In the beginning of the article I tried to capture the main legislative documents issued at international level and in Romania in the area of the mandatory conditions of detention. Thus, after making an overview of the internationally and nationally “de jure” situation in the specified field, I researched the “de facto” situation of the Romanian prison system. This analysis is performed in the light of the results of the most important reports issued by the specialized institutions and of several decisions of the European Court of Human Rights, in which the Romanian state was convicted of violating the rights of detainees, thus outlining deficient aspects of the Romanian prison system.