Romania - OPCAT Situation

Opcat status

OPCAT Ratification July 2, 2009
OPCAT Ratification comment

OPCAT Ratification Bill, with a declaration under Article 24 of the OPCAT (Part IV).

UNCAT Ratification December 18, 1990
NPM Designated

The People's Advocate

NPM Type

Ombuds Institution

NPM Legal Framework

Law No. 181 of 28 December 2014 published in the Official Gazette N°6 of 6 January 2015, amending the People's Advocate Law (Law No. 35 of 1997)

Government Ordonnance No.48 (published in the Official Gazette N°485 of 30 June 2014)

Law No.9 of 5 January 2018 published in the Official Gazette No.17 of 8 January 2018, amending the Law No. 35/1997 regarding the organization and functioning of the People's Advocate Institution.

Romania became a state party to the OPCAT in 2009 and made a declaration under Article 24, postponing the implementation of its national obligations to establish a NPM for three years. Following a request made to the Committee against Torture, Romania was authorised to further delay the designation of its NPM for an additional two-year period. Romania was the first State Party to the OPCAT that used this procedure to extend the initial three year postponement to establish the NPM.

The legislative process to designate the Romanian ombudsman as NPM was completed on 6th January 2015, when the Parliament adopted a law approving the Government Ordonnance designating the People's Advocate as the Romanian NPM and amending its founding legislation accordingly.

The SPT member who is the SPT Focal Point for Romania is available here.