"shall be irremovable, according to the law... The appointment proposals, as well as the promotion, transfer of, and sanctions against judges shall only be within the competence of the Superior Council of Magistracy, under the terms of its organic law."
"shall propose to the President of Romania the appointment of judges and public prosecutors, except for the trainees, according to the law" and "shall perform the role of a court of law, by means of its sections, as regards the disciplinary liability of judges and public prosecutors, based on the procedures set up by its organic law."
"In this context, the representatives of the courts of appeal have taken note with concern about the existence of recently declassified protocols concluded between the Prosecutor's Office attached to the High Court of Cassation and Justice and the Romanian Intelligence Service, whose content raises issues on the potential violation of the constitutional rules regarding the separation of powers, the observance of criminal procedure rules and, implicitly, of the human rights.
The representatives of the court of appeal therefore request the division for judges of the Superior Council of Magistracy to take the necessary steps to clarify whether the conclusion and classification of the protocols were such as to render the judicial independence vulnerable, independence that is essential for the completion of an act of justice within the limits of the law."
"though progress has brought some benchmarks closer to the point of fulfilment, the Commission cannot yet conclude that any of the benchmarks are at this stage satisfactorily fulfilled. The Commission remains of the opinion that with loyal cooperation between State institutions, a political steer holding firm to past achievements and with respect for judicial independence, Romania will be able to fulfil the remaining outstanding CVM recommendations in the near future."
"Ending the CVM would depend on fulfilling the recommendations in an irreversible way, but also on the condition that developments were not such as to clearly reverse the course of progress."
"In June 2019, in a meeting with President Juncker and First Vice-President Timmermans, the Romanian Prime Minister committed not to pursue the controversial judicial reforms and to immediately resume dialogue under the CVM in order to progress on judicial reforms and the fight against corruption."
The report indicated that this changed approach –
"... was also in tune with the results of a referendum in May 2019, called by the President of Romania, in which an overwhelming majority of Romanian citizens supported propositions to strengthen the safeguards against corruption and the arbitrary use of emergency ordinances."
Between June and December 2013, Daniel Onute (an in-house lawyer employed by Astra) and Daniela Firestain (Astra's finance manager) removed approximately €100,000 from the company's accounts. They did so by payments made against false invoices submitted to George Dumitru, a member of a law firm engaged by the Nova Group.
"Let me explain you one thing. The President has a big problem related to a big firm, led by Mr Adamescu, to whom he is very close and was very close in all electoral campaigns. I think that the law must decide, and whoever embezzled funds, must pay, even if they embezzled them from some electoral campaign"
"Those guilty at ASF should resign. The others should not be afraid to go ahead with the case Astra-Adamescu, because that really big bomb there is that hundreds of millions of euros have been embezzled at Astra through Mr Adamescu."
"Traian Basescu is one of the main beneficiaries of Mr Adamescu's media support. Mr Adamescu owns a newspaper that fights a lot against corruption, I think the man who sponsored a corrupt system for so many years is exactly the owner of a newspaper that talks about the fight against corruption... I am convinced that soon we will find out even more from the prosecution service... and I am glad that slowly, as the mandate of Mr Basescu is nearing its end, we're getting to know more and more and measures are being taken on those violations of the law, maybe the end of the mandate is a coincidence... Traian Basescu is very upset, it's one of his friends and sponsors."
i) during June 2013 and December 2013, together with his father, by the means of and with the help of the witness Mr Onute, and of Ms Borza, remitted to Judge Stanciu the sums of 10,000 Euros in June 2013 and 5,000 in December 2013 in order to achieve a favourable result in respect of ongoing insolvency proceedings; and
ii) in December 2013, together with his father, by the means of and with the help of the witness Mr Onute, and of Ms Borza, remitted to Judge Roventa Romanian currency equivalent to the sum of 5,000 Euros in order to achieve a favourable decision in respect of ongoing insolvency proceedings.
The maximum length of the sentence which may be imposed for those offences is said to be "imprisonment from 6 months to 5 years".
i) Ground 2: the DJ erred in deciding that the appellant's extradition was not barred by the first limb of the 'extraneous considerations' bar (section 13(a) of the Act);
ii) Ground 3: the DJ erred in deciding that the appellant's extradition was not barred by the second limb of the 'extraneous considerations' bar (section 13(b) of the Act);
iii) Ground 4: the DJ erred in deciding that the appellant's extradition would not be incompatible with his rights under Article 6 of the ECHR (section 21A(1)(a) of the Act);
iv) Ground 5: the DJ erred in deciding that the appellant's extradition would not be incompatible with his rights under Article 3 of the ECHR (section 21A(1)(a) of the Act).
"A person's extradition to a category 1 territory is barred by reason of extraneous considerations if (and only if) it appears that -
(a) the Part 1 warrant issued in respect of him (though purporting to be issued on account of the extradition offence) is in fact issued for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or
(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions."
"(1) If the judge is required to proceed under this section (by virtue of section 11), the judge must decide both of the following questions in respect of the extradition of the person ("D") –"
(a) whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998;
(b) whether the extradition would be disproportionate.
(2) In deciding whether the extradition would be disproportionate, the judge must take into account the specified matters relating to proportionality (so far as the judge thinks it appropriate to do so); but the judge must not take any other matters into account.
(3) These are the specified matters relating to proportionality –
(a) the seriousness of the conduct alleged to constitute the extradition offence;
(b) the likely penalty that would be imposed if D was found guilty of the extradition offence;
(c) the possibility of the relevant foreign authorities taking measures that would be less coercive than the extradition of D.
(4) The judge must order D's discharge if the judge makes one or both of these decisions –
(a) that the extradition would not be compatible with the extradition rights;
(b) that the extradition would be disproportionate.
(5) The judge must order D to be extradited to the category 1 territory in which the warrant was issued if the judge makes both of these decisions –
(a) that the extradition would be compatible with the Convention rights;
(b) that the extradition would not be disproportionate..."
"(1) On an appeal under section 26 the High Court may—
(a) allow the appeal;
(b) dismiss the appeal.
(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.
(3) The conditions are that—
(a) the appropriate judge ought to have decided a question before him at the extradition hearing differently;
(b) if he had decided the question in the way he ought to have done, he would have been required to order the person's discharge.
(4) The conditions are that—
(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;
(b) the issue or evidence would have resulted in the appropriate judge deciding a question before him at the extradition hearing differently;
(c) if he had decided the question in that way, he would have been required to order the person's discharge.
(5) If the court allows the appeal it must—
(a) order the person's discharge;
(b) quash the order for his extradition."
"Section 13(a) requires the court to assess the state of mind of the judicial authority at the time when the extradition request was made, so as to establish whether its purpose was to prosecute or punish for one of the 'extraneous' reasons: see Slepcik v Governor of HMP Brixton [2004] EWHC 1224 (Admin) at [24] per Maurice Kay LJ."
In Slepcik – a case concerned with the corresponding, and materially similar, provisions in section 6 of the Extradition Act 1989 – Maurice Kay LJ at [23] said that the court had to consider "the state of mind of the Czech authorities at the time of making the extradition request". It was common ground between the parties in the present case, and we agree, that the DJ was not limited to considering the precise moment when the Romanian judge issued the EAW. He was required to have regard to the underlying process which led to the decision to issue the EAW, so as to consider whether that decision was driven by extraneous considerations.
"... the 'serious possibility' test applies to both what might happen and the reason for it happening."
"... (3) Article 3 imposes "absolute" rights, but in order to fall within the scope of Article 3 the ill-treatment must attain a minimum level of severity. In general, a very strong case is required to make good a violation of Article 3. The test is a stringent one and it is not easy to satisfy. (4) Whether the minimum level is attained in a particular case depends on all the circumstances, such as the nature of the treatment, its duration, its physical and mental effects and, possibly, the age, sex and health of the person concerned. In that sense, the test of whether there has been a breach of Article 3 in a particular case is "relative"...."
"the first findings of a violation of Article 3 of the Convention on account of inadequate detention conditions in certain prisons in Romania date back to 2007 and 2008 (see Bragadireanu v. Romania, no. 22088/04, 6 December 2007, and Petrea v. Romania, no. 4792/03, 29 April 2008) and that, since the adoption of the judgments in question, there have been increasing numbers of such findings. Between 2007 and 2012 there were ninety-three judgments finding a violation. Most of these cases, like the present ones, concerned overcrowding and various other recurrent aspects linked to material conditions of detention (lack of hygiene, insufficient ventilation and lighting, sanitary facilities not in working order, insufficient or inadequate food, restricted access to showers, presence of rats, cockroaches and lice, and so on)."
"only served to confirm the worrying state of affairs in the vast majority of Romanian police detention facilities and prisons, which continued to be beset by severe overcrowding and precarious material conditions."
"109 More than four years after identifying the structural problem, the Court is now examining the present cases, having already found a violation of Article 3 of the Convention in 150 judgments on account of overcrowding and inadequate material conditions in several Romanian prisons and police detention facilities. The number of findings of Convention violations on this account is constantly increasing. The Court notes that as of August 2016, 3,200 similar applications were pending before it and that these could give rise to further judgments finding violations of the Convention. The continuing existence of major structural deficiencies causing repeated violations of the Convention is not only an aggravating factor as regards the State's responsibility under the Convention for a past or present situation, but is also a threat for the future effectiveness of the supervisory system put in place by the Convention....
110 The Court notes that the applicants' situation cannot be detached from the general problem originating in a structural dysfunction specific to the Romanian prison system, which has affected large numbers of people and is likely to continue to do so in future. Despite the legislative, administrative and budgetary measures taken at domestic level, the structural nature of the problem identified in 2012 still persists and the situation observed thus constitutes a practice that is incompatible with the Convention."
"I recognise the force of the presumption of compliance by a member state, and the requirement for "something approaching international consensus", in the language of the court in Owda quoted above. However, it appears to me that it is hard to apply a "presumption" in the face of the lucid test set out in Mursic. Moreover, the broad and critical conclusions as to Romanian prison overcrowding and conditions in Rezmives must constitute an authoritative and general comment on the regime. I can find no more ambiguity in those observations as to the general prison conditions in Romania, than in the formulation in Mursic. I do not see how the presumption of compliance can survive both, taken together."
On the facts, the court found that the assurances given by the respondent did not guarantee sufficient personal space in accordance with Mursic. It allowed the respondent an opportunity to give further undertakings.
"It would be very difficult to show that there was a real risk of a total denial of the article 6 rights through extradition and trial by a member of the European Union, and a signatory to the European Convention."
"25 The statutory appeal power in section 104(3) permits an appeal to be allowed only if the district judge ought to have decided a question before him differently and if, had he decided it as he ought to have done, he would have had to discharge the appellant. The words "" ought to have decided a question... differently" (emphasis added) give a clear indication of the degree of error which has to be shown. The appeal must focus on error: what the judge ought to have decided differently, so as to mean that the appeal should be allowed. Extradition appeals are not re-hearings of evidence or mere repeats of submissions as to how factors should be weighed; courts normally have to respect the findings of fact made by the district judge, especially if he has heard oral evidence. The true focus is not on establishing a judicial review type of error, as a key to opening up a decision so that the appellate court can undertake the whole evaluation afresh. This can lead to a misplaced focus on omissions from judgments or on points not expressly dealt with in order to invite the court to start afresh, an approach which risks detracting from the proper appellate function. That is not what Shaw's case or Belbin's case was aiming at. Both cases intended to place firm limits on the scope for re-argument at the appellate hearing, while recognising that the appellate court is not obliged to find a judicial review type error before it can say that the judge's decision was wrong, and the appeal should be allowed.
26 The true approach is more simply expressed by requiring the appellate court to decide whether the decision of the district judge was wrong. What was said in the Celinski case and In re B (A Child) are apposite, even if decided in the context of article 8. In effect, the test is the same here. The appellate court is entitled to stand back and say that a question ought to have been decided differently because the overall evaluation was wrong: crucial factors should have been weighed so significantly differently as to make the decision wrong, such that the appeal in consequence should be allowed"
"Even for defendants, the court will not readily admit fresh evidence which they should have adduced before the district judge and which is tendered to try to repair holes which should have been plugged before the district judge, simply because it has a Human Rights label attached to it. The threshold remains high. The court must still be satisfied that the evidence would have resulted in the judge deciding the relevant question differently, so that he would not have ordered the defendant's discharge. In short, the fresh evidence must be decisive."
i) Dr Patrick Basham, founding director of the Democracy Institute based in Washington, DC and an expert on the contemporary Romanian political system, who supported the appellant's case in respect of the challenges under section 13 and Article 6. Dr Basham suggested that the DNA had been overly dependent on the SRI, had become embroiled in politics and has as a result lost its independence and objectivity. He said in his report that a vigorous anti-corruption campaign remained a necessity, but the DNA was subject to political interference: in his view,
"The unfortunate reality is that each political leader in turn views the campaign principally as a tremendous opportunity to punish their respective political, business and media opponents, and especially to settle old scores."
Dr Basham expressed the opinion that the appellant's case bore all the hallmarks of a politically-motivated prosecution. He acknowledged however that he had not reviewed the evidence presented by the Romanian authorities against the appellant.
ii) Dr Roxana Bratu, an academic research associate in Global and European Anti-Corruption Policies at University College, London, whose evidence was also concerned with potential political motivation and political interference with those prosecutions. She acknowledged that the DNA had prosecuted many evidentially strong cases and played a positive role in tackling corruption, but said that the reports of politically motivated prosecutions were "both too numerous and credible to be ignored". It was her opinion that there are likely to be elements of political motivation and/or political interference in the prosecutions of Mr Adamescu senior and the appellant, because (a) Prime Minister Ponta wanted to discredit President Basescu by discrediting his associate Mr Adamescu senior, (b) the prosecutions made it possible to capitalise on the downfall of Astra, and (c) the Romanian authorities wished to weaken Romania Libera because of its support for President Basescu. She too acknowledged that she had not reviewed the evidence against the appellant, and she accepted that the conviction of Mr Adamescu senior did not necessarily mean that the appellant would also be convicted.
iii) Professor Norel Neagu, a Romanian lawyer, who gave evidence of potential political motivations for the prosecutions of the appellant and of Mr Adamescu senior. Amongst other things, he questioned the reopening of the case against the appellant in December 2015 after a delay of some 18 months. He suggested it was a knee-jerk reaction to the Nova Group's notification of arbitration proceedings against Romania.
iv) Mr Catalin Breazu, a Romanian lawyer who acted for Mr Adamescu senior in the Romanian criminal proceedings between February 2016 and January 2017. He gave evidence about his client's health issues whilst in custody.
v) Adriana Constantinescu, the appellant's partner, who ascribed Mr Adamescu senior's failing health in custody to the poor conditions in which he was detained. She spoke of incidents amounting to deliberate harassment by the Romanian authorities.
vi) Professor Nigel Eastman (called by the appellant) and Dr Philip Joseph (called by the respondent), consultant psychiatrists who gave evidence about the appellant's psychiatric condition. The opinion of the former was that the appellant suffers from bipolar affective disorder and exhibits symptoms of a major depressive illness, and that regular review and medication were very important. Professor Eastman noted that the appellant had expressed a long-standing reluctance to attend doctors and a preference to self-medicate with lithium. In his report of September 2016, Professor Eastman was satisfied from the limited medical history available to him that the appellant had in the past suffered at least two frank, and probably severe, manic episodes and frequent intermittent episodes of hypomania, usually when he stopped self-medicating with lithium. He diagnosed the appellant as currently exhibiting a major depressive disorder, and needing prophylactic medication to stabilise his mood. He would require monitoring to avoid any future relapse. If not adequately monitored and treated in prison, the appellant would be highly likely to deteriorate into a much more severe depressive state, with a risk of suicide. In further reports in November and December 2017, Professor Eastman diagnosed the appellant as continuing to suffer severe depression: he had improved significantly at a time when he hoped not to face extradition proceedings, but was now even more seriously depressed than he was when seen in 2017. His risk of suicide was higher, and very likely to be enhanced if he were extradited. He acknowledged that prisoners in this country do not have the right which Romanian law grants to prisoners to engage their own private doctor. Dr Joseph accepted that the information provided by the appellant and his partner was consistent with a diagnosis of bipolar affective disorder but this was not supported by independent medical evidence. It was his opinion that the appellant is suffering from a moderately severe depression. He doubted the appellant's assertion that he had been self-medicating with lithium for more than 12 years, and noted that –
"Mr Adamescu's professed reluctance to seek medical assistance from doctors appears to have completely evaporated after his arrest in these proceedings."
He also noted, in his second report, that the appellant recognised that his current low mood was related to his fear of extradition, and acknowledged that he would feel much better if he were not extradited.
vii) At a later stage of the proceedings, the appellant himself gave oral evidence.
viii) The DJ considered a report by Dr Radu Chirita, a Romanian attorney with long experience of human rights cases, including in relation to conditions of detention. He noted that the prison population in Romania had been decreasing over recent years, but there was still a problem of overcrowding and inadequate material conditions. A prison building programme had not been implemented by the government, and there were at present no funds for constructing new prisons. There was a shortage of medical staff and, in particular, many establishments do not have a psychiatrist. If extradited and held in custody before indictment, the appellant would almost certainly be held at Detention and Remand Centre No 1 in Bucharest, where Dr Chirita asserted the minimum detention standards set by the Romanian authorities "would be impossible to meet". If indicted and kept in custody, he is likely to be held at Rahova prison, or possibly Jilava prison. If convicted and sentenced to imprisonment, his place of detention would depend on the length of his sentence and on whether he was held in maximum security, closed, semi-open or open conditions. The establishments in which he would be likely to be held are Mărgineni, Giurgiu, Rahova or Jilava prisons. Because his medical condition does not require permanent hospitalisation, he would not be detained at one of the hospital-penitentiaries, and his condition would not influence the selection of the prison. Prisoners may request to be seen by a prison doctor, but can also request a consultation with an external doctor.
ix) The appellant also relied on statements of evidence by a number of serving prisoners in Romania: the appellant had wanted to call these witnesses to give oral evidence by videolink, but the Romanian authorities had said that was not possible. The witnesses were therefore not available for cross-examination
"(a) A document dated 15th November 2017 from the Director General, National Prison Administration addressed to the Directorate for International Law and Judicial Cooperation at the Ministry of Justice in Romanian. This document establishes that:
(i) if Mr Adamescu were to be 'surrendered to a prison unit subordinated to the National Prison Administration, he shall be ensured a minimum space of 3 sqm regardless of the prison where he shall be held in custody' (emphasis added).
(ii) Mr Adamescu will have appropriate Consular access.
(iii) Mr Adamescu will have guarantees in relation to access to healthcare, including to private practitioners of his choice.
(b) A further assurance document dated 17th November 2017 from the Romanian Police General Inspectorate to the Directorate for International Law and Judicial Cooperation at the Romanian Ministry of Justice states:
(i) A person handed over at Bucharest airport will 'be accommodated in the apprehension and preventive custody centre from the Ialomita County Police Inspectorate until the preventive measure lawfulness and thoroughness is verified... After that he will be immediately transferred to the penitentiary facilities subordinated to the National Administration of Penitentiaries'.
(ii) In Ialomita County, Mr Adamescu would be accommodated 'In a room with an area of 8.66 sq m, (which does not include the bathroom area), for 2 places. Hence the person concerned will be accommodated in a room with an individual space of 4,333sqm, including bed and proper furniture.' (emphasis added)."
"was not a totally credible witness."
"This court has to consider the state of mind of the Romanian Judicial Authority, as at the time it issued the EAW in order to be able to make a determination as to whether there were reasonable grounds for thinking that, for example, the purpose was to punish the requested person for one or more of the identified discriminatory reasons." [emphasis in the original]
"However it appears that the Romanian prosecution was only informed in the summer of 2016 of the said arbitration proceedings, approximately 7 or 8 months after the resumption of the criminal process against Mr Adamescu".
"328. I return to one of the basic principles of extradition. It is a rebuttable presumption that requests are made in good faith and that, absent compelling evidence to the contrary, assertions made by or on behalf of requesting Judicial Authorities should be accepted by the requested State. The onus is on the defence to rebut the presumption with compelling evidence. I have not received such evidence in this case.
329. This court rejects the submission that this EAW was issued in order to punish Mr Adamescu for his political beliefs (whatever they might be), or for any other inappropriate politically-linked reason.
330. Contrary to what has been submitted by the defence, this court does not find that there is persuasive evidence to support the assertion that the decision to prosecute Mr Adamescu was taken at 'the highest political level'.
331. Having given careful consideration to the submissions made, this challenge must fail."
"the 10 years' perspective showed that Romania had made major progress towards CVM benchmarks. The report confirmed that the Romanian judicial system had profoundly reformed itself and that the judiciary had repeatedly demonstrated its professionalism, independence and accountability...."
The DJ acknowledged some recent tension between the Romanian government and the judiciary, but was not persuaded that it would adversely affect the appellant's trial. He rejected the submission that the appellant would suffer prejudice at his trial and/or be punished and/or suffer other ill-treatment by reason of his 'political beliefs'.
"The Romanian government is persecuting Alexander Adamescu in a similar fashion to his father and other private sector actors whose success is viewed as a competitive threat to powerful political actors and institutional interests. Consequently, if extradited, almost certainly he would be tried unfairly; and, if convicted and incarcerated in the Romanian prison system, it is highly probable that he would suffer treatment and conditions that the European Court of Human Rights would consider inhumane."
"Ponta says we must deal and finish this business with DA and his son, their operations in Romania are intolerable, he's tired of these foreign agents financial and press support for Basescu, this has to stop, demands robust concrete and fast actions by DNA, police, SRI and ASF."
"The lack of psychiatric input was evident in all the prisons visited and inmates suffering from mental health illness had to cope with conditions of detention which impaired their mental and physical health."
The report further states that none of the prisons visited had any suicide or self-harm prevention programme in place.
"Moreover, the question whether a court is independent and impartial cannot be answered without considering the qualities of the political frame in which it is located. If the political regime is autocratic, betrays an intolerance of dissent, and entertains scant regard for the rule of law, the judicial arm of the State may be infected by the same vices; and even if it is not, it may be subject to political pressures at the hands of those who are, so that at the least the courts may find it difficult to deliver objective justice with even-handed procedures for every litigant whatever the nature of his background or the colour of his opinions. We must take care, of course, to avoid crude assumptions as to the quality of a State's judiciary based on the quality of the State's politics. There are, thankfully, many instances of independent judges delivering robust and balanced justice in a harsh and inimical environment; but it takes courage and steadfastness of a high order."
i) The fresh evidence relating to Ms Kovesi should lead the court to conclude that the DJ was wrong to say that she should be presumed to have acted in good faith and that her statements should therefore be accepted. The nature of the criticisms made of Ms Kovesi, and the fact that she was dismissed and later prosecuted, show that there is a real risk that the criminal justice system in Romania has become perverted.
ii) The fresh evidence relating to the SRI strongly supports the appellant's case that the SRI has been improperly involved in the case against him. It is submitted that the SRI was directly involved in the investigation of the bribery allegations against the appellant, because it was the body authorised to carry out intercepts, or to receive the product of them; yet the Romanian authorities continue to deny the role of the SRI in this prosecution, just as they continue to rely on the tainted evidence of Mr Onute. Indeed, faced with a direct denial in further information provided by the respondent, Mr Keith submits that the further information is untruthful in this respect.
iii) There is now "a mass of material" showing that human rights standards in Romania have materially diminished, and the independence of the Romanian judiciary has been further undermined, since the hearing before the DJ. The prospects of the appellant receiving a fair trial have accordingly also diminished.
"we would like to indicate that the existence of a medical condition which, from the point of view of the person concerned by the European arrest warrant is not compatible with detention, can generate the need to order certain procedural measures either in addition to those already ordered, or less restrictive of rights and liberties..."
"she would have been bound to conclude that there was no real risk of a violation of Article 3 ECHR."
"The view of any court, including the ECtHR, on prison conditions in a country can only be definitive at the time that view is expressed; although, where it has been established that there is an international consensus that prison conditions in a certain state do not comply with article 3 of the ECHR, then in the absence of evidence that there has been a material change in those conditions, a court is likely to consider itself bound by that earlier finding."
In this case, the respondent has not attempted to put forward clear evidence of a material improvement in prison conditions generally, such that the view taken in Rezmiveş should no longer be followed. In those circumstances the appellant was, and is, able to show that, absent sufficient and reliable assurances by the respondent, there are strong grounds for believing that he would, if returned to Romania, face a real risk of treatment which violates Article 3. It is therefore necessary to focus, in considering this ground, on whether the respondent has given assurances which satisfy the court that the appellant will be held in conditions which comply with Article 3. That question must be considered in relation to the whole of the prospective period of detention. On the evidence, the likelihood is that the appellant, if returned, would for an initial short period be held at a detention centre under the control of the Ialomita County Police Inspectorate, and then transferred to a prison or prisons under the control of the National Administration of Penitentiaries for the periods before and during trial and, if convicted, whilst serving any sentence of imprisonment.
"Depending on the health condition of the person held in custody, the doctor who provides medical care in the remand and provisional arrest centre shall recommend specialised clinical examinations, laboratory or paramedical investigations to be carried out in the designated health care facilities....
In this regard, we are emphasising that the specialised medical assistance is granted according to the existing diagnostic and treatment guides at national level, in accordance with the European diagnostic and treatment guides for all medical specialities, including the psychiatry."
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