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7 AGORA Int'l J. Jurid. Sci. 1 (2013)

handle is hein.journals/agoraijjs2013 and id is 1 raw text is: AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro ISSN 1843-570X, E-ISSN 2067-7677 No. 1 (2013), pp. 1-5 NOVELTY ASPECTS AND REFLECTIONS REGARDING THE RESPECT OF THE HUMAN BEING IN THE PENITENTIARY ENVIRONMENT* I. Bratiloveanu Izabela Bratiloveanu Faculty of Law and Administrative Sciences, University of Craiova, Craiova, Romania *Correspondence: Bratiloveanu Izabela, Craiova, 8 Horia St., Bl. E2, sc. 2, ap.2 E-mail: bratiloveanuisabela wyahoo.com Abstract This study is centered upon an analysis of the decisions that were ruled by the European Court of Human Rights against the Romanian state, mostly related to the infringement of the conventional requirements regarding the protection of the inmates' dignity and health. Among these, a special place is held by the recent ruling in the case of lacov Stanciu versus the Romanian state. Key words: human dignity jurisprudence of the European Court of Human Rights; prohibition of torture and inhuman or degrading punishments or ill treatments; enforceability and fore-closure of the decisions. Introduction The convention for the defense of the fundamental human rights and liberties elaborated by the European Council and signed on the 4th of November 1950 includes no express mention of the respect of the human dignity in the penitentiary field, since a reference to this concept regarding the execution of freedom-depriving sentences is a jurisprudence creation of the European Court ofHuman Rights. Human dignity, implying that no one can be excluded from human community and that man must not be treated as an object in the hands of public power, is presently seen as a genuine guiding principle within the treatment of inmates', within the larger framework of rendering prison sentences more human. General considerations regarding the right to prison conditions respectful of human dignity What is remarkable is the fact that in the American Convention of Human Rights, at article 5 (2) it is clearly mentioned that no one can be subjected to torture, or to cruel, inhuman or degrading punishments or treatments and that any inmate shall be treated with the respect which is due to the inherent human dignity. The set of principles for the protection of all those who are subjected to any form of detention or incarceration, adopted on the 9th of December 1988, stipulates, as a basic principle, that any person who is subjected to any form of detention or incarceration shall be treated with humanity and respect for the dignity of the human being. In the Recommendation number R (87) 3 regarding the European regulations concerning penitentiaries adopted by the Ministry Committee of the Ph.D. Candidate, Faculty of Law and Administrative Sciences, University of Craiova. This work was financed from the contract POSDRU/CPPI07/DMIl.5/S/78421, strategic project ID78421 (2010), funded by the European Social Fund - Invest in people, the Operational Program Human Resources Development 2007- 2013, bratiloveanuisabela@yahoo.com. 1 For further details, see M. Larralde, Placement sous ecrou et dignit de la personne, S6ance inaugurale du s6minaire de recherch6, Enfermements, Justice et Libert6s, Sorbonne, the 15h of September 2009. 1

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