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 his 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. In Bucharest instead, the IGI-DAI requested a medical examination (psychiatric expert opinion) regarding the establishment of the degree of disability of a person. There are no updates on the case.
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] After a one-year gap in the provision of medical assistance for asylum seekers, the ICAR Foundation launched in December 2024 the project SERISSA – Integrated Health Services for Asylum Seekers (AMIF). Continuing its commitment to support individuals in the asylum procedure, the ICAR Foundation is implementing a 24-month program through multidisciplinary specialist teams, offering a comprehensive package of services including information sessions, individual and group social counselling, psychological support, as well as medical examinations and treatments. Project activities are carried out in six cities—Bucharest, Galați, Giurgiu, Rădăuți, Șomcuta Mare, and Timișoara—within the Regional Integration Centres and the Regional Centre for Accommodation and Procedures for Asylum Seekers.[15]
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]
In 2024, CNRR stated that if medical reports exist, and the case officer/judge considers that the documents are relevant for the procedure, they will be analysed and taken into account when assessing the credibility of the applicant’s statements. However, they do not have information if all the reports are based on the methodology laid down in the Istanbul Protocol.[17]
[1] Article 49^1(1) Asylum Act.
[2] ibid. Article 49^1(2).
[3] ibid. Article 49^1(3).
[4] ibid. Article 49^1(4).
[5] ibid.
[6] ibid. Article 19(c).
[7] Article 16(1)(b) Asylum Decree.
[8] Article 42(1) Asylum Act.
[9] ibid. Article 42(2).
[10] ibid. Article 42(3).
[11] ibid. Article 42(4).
[12] ibid. Article 42(5).
[13] ibid. Article 42(6).
[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 here.
[15] ICAR Foundation, Comunicat lansare proiect, 11 December 2024, available here.
[16] Information provided by IGI-DAI, 18 January 2024.
[17] Information provided by CNRR, 3 February 2025.