Author
Romanian legislation explicitly refers to the use of medical reports in asylum procedures. Article 49^1 of the Asylum Act provides that, when IGI-DAI deems it relevant for the assessment of an asylum application, the asylum seeker will be subject with is consent to medical examination concerning signs that might indicate past persecution or serious harm.[1] The applicant’s refusal to undergo the medical examination shall not prevent IGI-DAI from taking a decision on the application for international protection.[2]
Medical examinations shall be carried out by the legal medicine institutions and the result shall be transmitted immediately to IGI-DAI. The coverage of the expenses is ensured by the Ministry of Internal Affairs through the budget allocated to IGI in this respect.[3] If the medical examination is requested by IGI-DAI, it is therefore paid by IGI-DAI.
When no medical examination is carried out, IGI-DAI informs applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs that might indicate past persecution or serious harm.[4] The results of the medical examination are assessed by IGI-DAI in corroboration with other elements of the application for international protection.[5]
Moreover, as a general rule, an applicant is not expected to provide written evidence but they are obliged to hand over to the authorities all the documents at their disposal which are relevant to their personal situation.[6] The Asylum Decree provides that the examination of the asylum application must be carried out individually and taking into account, inter alia, the relevant documents submitted by the applicant, including information on whether they have been subjected to persecution or the possibility of being persecuted or of being exposed to a risk of serious harm.[7] This means that the asylum seeker may submit relevant documents with regard to past persecution but also with a view to the possible future persecution and serious harm.
In addition, the Asylum Act foresees that when there are serious doubts regarding the adult’s asylum seeker legal capacity, specialised staff at IGI-DAI request a medical examination.[8] If the medical examination reveals lack of legal capacity of the asylum seeker, the case officer in charge of the case, requests the appointment of a counsellor, under the same conditions as for Romanian citizens.[9] The asylum procedure is suspended until the appointment with the counsellor. During this period of suspension, the applicant benefits from the rights set out in the law.[10] The asylum application of an asylum seeker who has no capacity is filed by the counsellor after their appointment.[11] When conducting the personal interview, the counsellor will inform the asylum seeker of the purpose and possible consequences of this interview and will take the necessary steps to prepare the applicant for the interview.[12] The interview of an asylum seeker without legal capacity shall be carried out in the presence of the counsellor.[13]
According to the directors of the centres, in Galaţi, Rădăuţi, Şomcuta Mare and Timișoara there were no cases in which a medical examination under Article 49^1 was requested by IGI-DAI in 2022, except in, Bucharest where IGI-DAI requested a medical examination (psychiatric expert opinion) regarding the establishment of the degree of disability (mental retardation) of a person. The file was still pending in March 2023.
IGI-DAI accepts medico-legal expert opinions issued by officially recognised experts enrolled on the lists drawn up by the Ministry of Health and the Ministry of Justice, with the approval of the Board of Forensics.[14] ICAR Foundation is the NGO that currently provides psycho-social services to asylum seekers, through the project “Health services accessible to the asylum seekers needs –SANSA” in partnership with AIDRom, funded through the AMIF national programme. According to the project description, psycho-social specialists identify vulnerable asylum seekers such as families in need, the elderly, persons with chronic illnesses, unaccompanied minors, victims of physical or psychological violence, and their needs. “Consequently, tests will be conducted to evaluate the general state of health of newly arrived asylum seekers, and general practitioners will provide medical examinations weekly”.[15] Through this project additional tests and medical investigations will be provided, as well as drug and non-drug treatments, as recommended by collaborating doctors, in order to accurately respond to the medical needs of asylum seekers in Romania and also specialised medical consultations.
ICAR Foundation also prepares psychological reports for applicants in line with the requirements set out in the Istanbul Protocol. The psychologists of this NGO, however, are not officially recognised medico-legal experts and as a consequence their opinions are not fully recognised by IGI-DAI or courts when assessing the asylum seeker’s credibility. These reports are scrutinised in the sense that they have to be corroborated by other evidence. This was echoed by the directors of Timișoara and Stolnicu centres.
In general, asylum seekers submit medical reports from the country of origin either to IGI-DAI or the court. In 2022 no reports were submitted in Timișoara, Şomcuta Mare, Galati, Rădăuţi, Giurgiu, except Bucharest, according to the directors of these centres.
In 2023, at IGI-DAI in Bucharest, there were 2 cases in which the asylum seekers submitted medical reports issued by authorities from their countries of origin; further details were not provided[16].
[1] Article 49^1(1) Asylum Act.
[2] Article 49^1(2) Asylum Act.
[3] Article 49^1(3) Asylum Act.
[4] Article 49^1(4) Asylum Act.
[5] Ibid.
[6] Article 19(c) Asylum Act.
[7] Article 16(1)(b) Asylum Decree.
[8] Article 42(1) Asylum Act.
[9] Article 42(2) Asylum Act.
[10] Article 42(3) Asylum Act.
[11] Article 42(4) Asylum Act.
[12] Article 42(5) Asylum Act.
[13] Article 42(6) Asylum Act.
[14] According to Article 34 Regulation implementing Government Ordinance 1/2000 approved by Government Decree 774/2000 as last amended by Government Decree 1204/2002, a medico-legal expert: (a) is a Romanian citizen and is fluent in Romanian; (b) has full legal capacity; (c) is a graduate of a medical university; (d) has a postgraduate specialisation courses in forensics; (e) practices this specialisation; (f)has not been convicted of an offence committed in circumstances related to their profession; and (g) is certified as an medico-legal expert at the Board of Forensics, available in Romanian at: http://bit.ly/2B34Iah.
[15] ICAR Foundation, Health services for the improvement of reception and residence conditions for asylum seekers in Romania, available at: http://bit.ly/2jtR4Xw.
[16] Information provided by IGI-DAI, 18 January 2024.