Traducere Tortura - 20 11 2013

CAT/C/MDA/Q/3
United Nations
Convention against Torture

and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
11 July 2012
Original: English
Committee against Torture
List of issues prepared by the Committee prior to the

submission of the third periodic report of the Republic
of Moldova (CAT/C/MDA/3)* adopted by the Committee
at its forty-eighth session, 7 May1 June 2012
Specific information on the implementation of articles 1 to 16 of
the Convention, including with regard to the Committees
previous recommendations1
Articles 1 and 4
1.
Please provide statistical data on cases, if any, since the consideration of the previous
report, of direct application by the courts, of the Convention. 2 Please describe any progress
made in amending legal provisions sanctioning torture and ill-treatment.
2.
Further to the Committees previous recommendations (para.14), please
provide information on measures taken to ensure that torture is punishable by
adequate penalties commensurate with the gravity of the crime. Please provide data
reflecting the number of cases during the reporting period in which articles 309(1)
and 328 of the Criminal Code were applied, as well as data on cases in which other
articles of the Criminal Code were applied against individuals accused of
*
GE.12-44071
*
The present list of issues was adopted by the Committee at its forty-eighth
session, according to the new optional procedure established by the Committee at its thirtyeighth session, which consists in the preparation and adoption of lists of issues to be
transmitted to States parties prior to the submission of their respective periodic report. The
replies of the State party to this list of issues will constitute its report under article 19 of the
Convention.
Paragraph numbers in brackets refer to the previous concluding observations
adopted by the Committee,published under symbol CAT/C/MDA/CO/2.
HRI/CORE/1/Add.114, para. 29.
CAT/C/MDA/Q/3
committing acts amounting to torture or ill-treatment, including the number of

persons convicted and their sentences.3
Special attention is paid to the action related to the ensuring of an efficient
internal control in view of checking the compliance with the legislation upon
receipt, registration, examination and settlement of petitions and ensuring of a single
system of record-keeping and settlement of complaints against ill-treatment, use of
inhuman or degrading treatment by the MoIA employees.
In the same line of ideas, we would like to inform you about the assurance of
unconditional compliance with art. 298, para 4, of the Criminal Procedure Code, on
immediate hand-over to the prosecuting authorities of all statements, complaints or
information which offer grounds to assume that a person was subject to torture acts,
inhuman or degrading treatment. Note, that during 2013, no notifications were
received from the General Prosecutors Office regarding violations of the article
thereof by the MoIA employees.
It is necessary to take into consideration that at the national level the crime of
torture and ill-treatment is reflected in a new article which was introduced by Law
no. 252 from 08.11.2012, in force since 21.12.2012 art. 166/1 of the Criminal
Code of the Republic of Moldova.
Hence, prosecutors examined such notifications, whereby, in 73 cases, upon
the request of the Prosecutors Office bodies, MoIA granted necessary support in
establishing the circumstances of the declared acts. Additionally thereof, the MoIA
took notice of 6 cases covered in mass-media that were also handed over to the
prosecutors.
As a result of the investigations conducted in the events of April 2009,
criminal cases were initiated.
Following the legal examinations, the courts of first instance ruled on 19
criminal cases (in two cases the files were joined into a single procedure), delivering
conviction sentences against 34 MoIA employees.
Making an analysis of the criminal cases opened against MoIA employees,
pursuant to art. 309/1 (old version), within the period 2009-2012, in 2009 - 45
criminal cases, 2010 - 42 criminal cases, 2011 - 26 criminal cases, 2012 - 45
criminal cases were opened.
The analysis of the statistics of criminal cases opened against MoIA
employees, pursuant to art. 166/1 of the Criminal Code (on 01.07.2013), shows that
40 criminal cases were opened, out of which 30 are pending trial, 8 are closed, 1
joined, in one case circumstances stipulated by law exist that pre-condition noninitiation of the criminal prosecution.
It is necessary to underline the fact that the given figures do not represent an
indicator of guilt, eventually, within the process of criminal prosecution and/or
examination in the first instance of the cases in court, criminal proceedings may be
ceased, closed or verdicts of acquittal ruled.
3.
In light of the finding of the European Court of Human Rights in Paduret v. Moldova
(application no. 33134/03) and the commitment made by the State party in the context of the
universal periodic review (A/HRC/19/18/Add.1, para.18), please indicate whether the criminal
A/HRC/10/44/Add.3, paras.69-70., criminal cases were initiated
CAT/C/MDA/Q/3
law has been amended to eliminate any statute of limitations for crimes of torture, and if it has
not, when this is expected to occur.4
Having evaluated the state of affairs created as a result of the events in Chisinau
on 07 April 2009, the need to change the internal structure of the General
Prosecutors Office was identified, whereby it should include a specialized
subdivision that would ensure efficient investigation of allegations of ill-treatment
under state custody.
Hence, on 04.05.2010, pursuant to the Decision of the Parliament of the
Republic of Moldova no. 77, the structure of the General Prosecutors Office was reorganized, whereby the Section for torture combating was included in its
composition.
Based on the Order of the General Prosecutor no. 90/8 from 02.11.2010, in the
regional and specialized Prosecutors Offices prosecutors were appointed
responsible for the investigation of cases in this category of crimes.
According to the provisions of the respective departmental normative act it
was ordered that the envisaged prosecutors will not be involved in activities which
imply cooperation with the MoIA, DPI or ISS subdivisions.
The primary activity objective of the Section for torture combating of the
General Prosecutors Office constitutes the development of national capacities for
efficient investigation of the complaints of ill-treatment in state custody, based on
the standards of the international law, whereas in view of ensuring the standard of
independence of the prosecutors involved in this activity it was decided that the
reference subdivision will be directly subordinated to the General Prosecutor.
Prosecutors from this specialized subdivision targeted their efforts on the
promotion and implementation of the recommendations launched by the
representatives of the international mechanisms that carried out monitoring visits in
our country.
The representatives of the General Prosecutors Office, within the frame of the
working group created for the purpose of amending the Criminal Code and the
Criminal Procedure Code, as well as, separately, within the frame of the Atlas of
Torture project, in cooperation with the Legal Resources Centre from Moldova and
the Institute for Penal Reform, took part in the elaboration of the draft laws for
amending and completing some legislative acts, which were aimed at enhancing the
legal framework in the field of combating torture and other ill-treatment.
The results of the activity within the mentioned working groups constituted
the object of the Law no. 66 from 05.04.2012 on amendment and completion of the
Criminal Procedure Code of the Republic of Moldova no. 122-XV from 14 March
2003 , as well as of the Law no. 252 from 08.11.2012 on amendment and
completion of some legislative acts.
Thereby, the Criminal Code was amended by inclusion of a new article, 166 1
Torture, inhuman or degrading treatment, which determines a double impact in the
criminal legislation of our country:
criminal punishment for actions which constitute inhuman or degrading
treatment was foreseen;
criminal sanctions for torture acts were significantly tighten up.
Respectively, according to the current version of the article, the following is
stipulated:
Article 1661. Torture, inhuman or degrading treatment
(1) Deliberate infliction of pain physical or mental suffering, that constitutes
inhuman or degrading treatment, by a public figure or by a person that, de facto,
exerts the powers of a public authority, or by any other person that acts on official
grounds or with the direct or implied consent of such person is punishable by 2 to 6
4
A/HRC/19/18, para. 76(14); A/HRC/10/44/Add.3, para. 90(a);

A/HRC/19/61/Add.3, paras.116 and p.313.
CAT/C/MDA/Q/3
years imprisonment or a fine of 800 to 1000 conventional units, in both cases with
the deprivation of the right to hold certain positions or to engage in certain activities
for a period of 3 to 5 years.
(2) The actions set forth in para (1):
a) committed knowingly against a juvenile or against a pregnant woman or by taking
advantage of the victims known or obvious helpless condition caused by advanced
age, disease, physical or mental handicap or another factor;
b) committed against 2 or more persons;
c) committed by 2 or more persons;
d) committed by use of weapon, special tools or other objects adapted to this
purpose;
e) committed by a person in leading positions or by a public official;
f) that out of negligence caused serious or medium damage to the bodily integrity or
health;
g) that out of negligence caused the death of the person or its suicide
are punishable by imprisonment from 3 to 8 years or a fine from 800 to 1000
conventional units, in both cases with the deprivation of the right to hold certain
positions or to engage in certain activities for a period of 5 to 10 years.
(3) Torture, i.e. any deliberate action whereby serious physical,mental pain or
suffering is inflicted upon a person for the purpose of obtaining from this person or
from a third person information or confessions, to punish the person for an action it
or a third person committed or is suspected of having committed, to intimidate or
exert pressure on it or on a third person, or for any other reason, based on a form of
discrimination, whichever it might be, when such pain or suffering is caused by a
public figure or by a person that, de facto, exerts the duties of a public authority, or
by any other person acting on official grounds or with the direct or implied consent
of such person is punishable by imprisonment from 6 to 10 years with the
deprivation of the right to hold certain positions or to engage in certain activities for
a period of 8 to 12 years.
(4) The actions set forth in para (3):
a) committed knowingly against a juvenile or against a pregnant woman or by taking
advantage of the victims known or obvious helpless condition caused by advanced
age, disease, physical or mental handicap or another factor;
b) committed against 2 or more persons;
c) committed by 2 or more persons;
d) committed by use of weapon, special tools or other objects adapted to this
purpose;
e) committed by a person in leading positions or by a public official;
f) that out of negligence caused serious or medium damage to the bodily integrity or
health;
g) that out of negligence caused the death of the person or its suicide are punishable
by imprisonment from 8 to 15 years with the deprivation of the right to hold
certain positions or to engage in certain activities for a period of 10 to 15 years.
Consequently, a new content was set out for art. 309 from the Criminal Code,
whereas art. 3091 and art. 328 para (2) let. a), c) from the Criminal Code were
abolished.
Currently, art. 309 is laid down in the following reading:
Constraint to make statements
Forcing a person, by means of threatening or other illegal actions, to make
statements, to enter into a plea agreement, forcing, in the same way, the expert to
draft the conclusion, the translator or the interpreter to make an incorrect written or
verbal translation of the person that establishes the crime, of the criminal
investigation officer, the prosecutor or the judge, if this does not constitute torture,
inhuman or degrading treatment, is punishable by imprisonment from 2 to 6 years or
CAT/C/MDA/Q/3
a fine of 800 to 1000 conventional units, in both cases with the deprivation of the
right to hold certain positions or to engage in certain activities for a period of 5
years.
According to the current penal provisions neither the statute of limitations,
nor amnesty is applicable for the crime of torture. At the same time, in such cases
no milder punishment can be applied other than that stipulated by law.
In this regard, the necessary amendments were made in art. 60, 107 and,
respectively, art. 79 from the Criminal Code of the Republic of Moldova.
In reference to the criminal case Pdure vs. Moldova, we can communicate
that as a result of the conviction of the Republic of Moldova by the European Court
of Human Rights, the state made a commitment to amend the Criminal Law, in view
of avoiding similar cases in the future. Therefore, by Law no. 252 from 08.11.2012
on amendment and completion of some legislative acts the Criminal Code was
amended, and namely art. 60 para (8) which stipulates that the statute of limitations
does not apply to persons who committed crimes against the peace and security of
the humankind, war crimes, torture crimes, inhuman or degrading treatment or
other crimes provided for by the international treaties the Republic of Moldova is
party to.
Article 25
Please provide information regarding the status of the reform of the criminal
justice system and the adoption by the Government of the Strategy for Justice Sector
Reform for 2011-2016, insofar as they pertain to the rights guaranteed by the
Convention. Please indicate whether Parliament has adopted the National Action
Plan on Human Rights for the period of 2011-2014, and if it has, provide the
commitments in the chapter entitled prevention and fight against torture and any
steps taken to implement them to date.6
The Parliament of the Republic of Moldova adopted the Law no. 231 from
25.11.2011 on approval of the Justice Sector Reform Strategy for the years 20112016, and approved the Action Plan for the implementation of the Justice Sector
Reform Strategy for the years 2011-2016 no. 6 from 16.02.2012, the major liability
for the execution being delegated to the Ministry of Justice and to the General
Prosecutors Office.
The Parliament of the Republic of Moldova approved the national Action
Plan for Human Rights for the period 2011-2014 no. 90 from 12.05.2011. The
commitments laid down in the chapter entitled Preventing and combating torture are
included in the plan mentioned above.
In view of the implementation of the provisions of the national Action Plan in
the field of Human Rights for the years 2011-2014, of the Convention for the
Protection of Human Rights and Fundamental Freedoms, as well as of the
5
The issues raised under article 2 could imply also different articles of the
Convention, including but not limited to article 16. As general comment No. 2 (2007) on
implementation of article 2 by States parties, paragraph 3, states the obligation to prevent
torture in article 2 is wide-ranging. The obligations to prevent torture and other cruel,
inhuman or degrading treatment or punishment (hereinafter ill-treatment) under article 16,
paragraph 1, are indivisible, interdependent and interrelated. The obligation to prevent illtreatment in practice overlaps with and is largely congruent with the obligation to prevent
torture ...In practice, the definitional threshold between ill-treatment and torture is often not
clear. See further chapter V of the same general comment.
A/HRC/19/61/Add.3, para. 114.
CAT/C/MDA/Q/3
recommendations of the UN Committee against Torture, the MoIA drafted and

approved a series of orders which stipulate actions referring to the prevention and
combating torture: Order no. 65 from 12.03.2012 on approval of the MoIA Action
Plan in the field of human rights for the years 2012-2014, whereby the persons
responsible for the execution of the established tasks shall quarterly inform the
management of the institution about the implementation of the measures planned
and results achieved; Order no. 88 from 11.03.2013 on approval of the Action Plan
for 2013, the content of the latter including the actions regarding the implementation
of the Justice Sector Reform Strategy for the years 2011-2016.
Hence, special attention is granted to the action related to the ensuring of an
efficient internal control in view of checking the compliance with the legislation
upon receipt, registration, examination and settlement of petitions and ensuring of a
single system of record-keeping and settlement of complaints against ill-treatment,
use of inhuman or degrading treatment by the MoIA employees.
5.
provide updated information on steps taken to prevent torture and other forms of illtreatment in police custody, in particular with regard to any measures to bring
perpetrators to justice as well as substantive reform of police and other security
structures.7
We would like to inform you that in view of preventing cases of torture
against persons in police custody and in preventive detention facilities MoIA is
permanently checking the regional subdivisions of the criminal prosecution
authorities regarding the activity conducted, through the perspective of complying
with the rights of the participants in the proceedings.
There are information boards referring to the rights and duties of suspects,
detained, arrested and accused persons within the headquarters of each regional
subdivision of the criminal prosecution authorities.
It is required of the heads of the criminal prosecution authorities and of the
fact-finding bodies of the MoIA to supervise the activity of the bodies handled
regarding the participation in the criminal proceedings of the counsel appointed to or
chosen by the detained person; continuous training of the subordinated staff on
respecting the fundamental human rights and freedoms when applying coercive
measures; permanent update the datas on the information boards depending on the
amendments occurring in the legislation.
During travels to the regional subdivisions of the MoIA, the MoIA officers
permanently check the compliance with the rights of the persons placed in temporary
detention facilities of police inspectorates for the purpose of establishing the legality of
the criminal prosecution actions.
Criminal prosecution actions with the participation of detained or arrested
persons are mandatorily carried out in the presence of the counsel.
MoIA supervises that the activity of the criminal prosecution officers is targeted
including on undertaking all measures in view of detecting cases of tortures of
suspects or accused persons, whereas if the existence of such cases is established, to
comply with the requirement to immediately notify the prosecuting authorities.
6.
Further to the Committees previous recommendations (para.9), please update the Committee
on the measures taken to prevent torture and other forms of ill-treatment in temporary
detention facilities and prisons. Has the State fully transferred the responsibility for temporary
A/HRC/WG.6/12/MDA/2, paras.29 ff; A/HRC/10/44/Add.3, paras.26-27;

concluding observations of the Human Rights Committee )CCPR/C/MDA/CO/2(, para. 9;
CPT/Inf (2012) 3, paras.15-18; letter from the Council of Europe Commissioner for Human
Rights to Prime Minister of Moldova (CommDH(2012)3), para.7.
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detention facilities from the Ministry of Internal Affairs to the Ministry of Justice? If not,
please explain why and describe any reforms taken in this regard.
Within the period 2009 - 6 months 2013, a series of training were conducted by
the NIJ in the field of combating torture and ill-treatment, as follows:
year 2010
6 seminars, ECHR and CPT standards for combating ill-treatment and impunity.
Use of alternatives for temporary detention, totally trained: 170 beneficiaries - 82
judges, 85 prosecutors, 3 other categories.
2 seminars ,,Investigation in line with the European standards of complaints of illtreatment (torture) , totally trained: 160 - 80 judges, 80 prosecutors, organizers:
NIJ, Council of Europe.
year 2011
20 seminars, ECHR and CPT standards for combating ill-treatment and impunity.
Use of alternatives for temporary detention, totally trained: 460 beneficiaries - 212
judges, 245 prosecutors, 3 other categories.
3 seminars Preventing and combating torture and other ill-treatment totally
trained: 74 prosecutors, organizers: NIJ, GPO, UNDP, OPCAT.
year 2012
3 seminars, Investigation methods of torture cases through the perspective of
ECHR practice totally trained: 53 judges and 38 prosecutors, 7 other categories,
organizers: NIJ, Judges Association and the Council of Europe.
1 seminar Capacity building of prosecutors responsible for the surveillance of
penitentiary institutions and of detention centers, totally trained: 24: prosecutors,
organizers: NIJ.
6 months 2013
4 seminars Preventing and combating torture and ill-treatment in penitentiary,
totally trained: 60 - judges-20 and prosecutors-40, organizers: NIJ.
Referring to the transfer of temporary detention facilities from the MoIA to
the MJ, this was carried out through the Decree of the President of the Republic of
Moldova no. 347 from 30 October 1995, and, respectively, as a result of the
adoption of Law no. 1036 from 17.12.1996 on the penitentiary system. Through the
Government Decision no. 129 from 15 February 2000 on the approval of the
Regulation of the Ministry of Justice of the Republic of Moldova its function to
manage and control the activity of the penitentiary institutions was re-confirmed,
MoIA keeping within the frame of its competences the temporary detention facilities
for persons that are detained (up to 72 hours and up to 24 hours in the case of
juveniles).
It is important to mention that the sole responsibility of executing the
preventive arrest in line with the moldovan Executive Enforcement Code lies with
the penitentiary institutions subordinated to the MJ (art. 175 CE). In this context, we
would like to mention that actions necessary for the establishment of facilities for
executing the preventive arrest are undertaken by means of building new
penitentiary institutions and creating specialized sectors within the already existing
ones. Thereby, negotiations with the Council of Europe Development Bank (CEB)
were held in order to obtain a credit in view of starting the construction of a new
CAT/C/MDA/Q/3
penitentiary of the Arrest House type in Chisinau with a capacity of 1500 places
that would meet the European standards. During the meeting of the CEB Governing
Board from 14 June 2013, the respective loan request of the Republic of Moldova
Government in amount of 39 mln. was approved. The operational construction
plan provides twelve detention blocks with a capacity of 1536 detainees, 64 cells per
detention block, a disciplinary isolator for 50 detainees, medical facility with a
capacity of 128 detainees and the transit block for 128 prisoners. This is due to
replace the penitentiary No. 13 from Chisinau. At the same time, actions were
undertaken for preparing the construction site and the project paperwork for building
a penitentiary of the Arrest House type, with a capacity of 650 places, in Balti
municipality, where persons held on remand will be detained, as well as persons
serving the sentence in the initial regime.
At the level of policies, actions necessary to promote the zero tolerance
against torture attitude were undertaken, paying special attention in this regard to
the initial training programs for the staff of the penitentiary system within the
Training Center of the DPI.
Referring to the Training in the field of human rights, topics in the field
of prevention of torture and ill-treatment were studied. In outcome to the
cooperation between the Department of Penitentiary Institutions and the Center for
Human Rights of Moldova (CHRM), on 21 September 2012, the elaboration of the
Action Plan on combating torture and ill-treatment in the penitentiary system was
decided upon (approved on 20.12.2012).
Similar actions were also undertaken for improving the detention
conditions, and the de facto condition is characterized as relatively satisfactory,
having carried out complex actions in view of supporting with arguments the
financial needs for adjusting the places of detention, medical aid, nourishment of the
detainees and other needs, after which the allocations from the budget for these
items increased significantly, as follows:
capital and current renovations - from MDL 7468,9 thousand for 2011
up to MDL 8343,4 thousand for 2012;
medical aid - from MDL 2589,6 thousand for year 2011 up to MDL
3156,1 thousand in 2012;
nourishment for the detainees - from MDL 25439,6 thousand in 2011
up to MDL 31265,6 thousand in 2012;
ensuring the detainees with housewares - from MDL 875,6 thousand
for year 2011 up to MDL 1,109 thousand for year 2012.
In addition, actions were undertaken for the purpose of creating conditions
for detention, reconstructions, capital and current renovations, supply of tools,
inventory and equipment necessary for the smooth running of the penitentiaries,
within the limits of the financial means granted from the state budget, as well as by
national and foreign donors and investors.
According to the recommendations of the European Committee for the Prevention of
Torture and Ill-treatment (CPT), measures are taken to improve the food quality and
diversity, provision of medical assistance and qualified treatment, improvement of
the measures of socialization and social inclusion, achievement of guarantees and
rights of the inmates, and not least of all, activities related to raising the
responsibility and attitude of the prison staff towards them.
7.
Please provide statistical information about the current number of pretrial and
convicted prisoners, disaggregated by crime, sex, age, ethnicity and region of the
country. What actions have been taken to increase the use of non-custodial measures
before and after trial, to ensure that pretrial detention is only used as an exceptional
CAT/C/MDA/Q/3
measure, to implement alternatives to pretrial detention, and to separate convicted

prisoners from those held in pretrial detention?8
Overall, during the period 04.08.2009 - 30.06.2013, within the temporary
detention center of the PD of Chisinau municipality a total of 7989 persons were
detained, of which: 7132 men; 626 women; 229 juveniles.
Those aged between 18 - 35 years - 5392 persons; 35 - 80 years old - 1741 persons.
On 01 October 2013, in the penitentiary institutions of the Republic of
Moldova 6666 detainees were detained, of which: 5406 convicted and 1260 pretrial
prisoners. Out of the total number of detainees according to the sex criteria there are
429 women and 6210 men.
As per the age criteria, 0,6% minors (24 minors on remand and 21 minors
convicted, as well as 6 convicted adults up to 23 years old against which the court,
upon the request of the administration of the penitentiary, ruled on the continuance
of serving the sentence in the respective penitentiary), 72% detainees with ages
between 20 - 40 years old and 25,4% detainees with ages between 40 60 years old
and those over 60 approximately 2% out of the total number of detainees are
detained in the penitentiary institutions.
According to the criteria of committed crimes, 24,4% prisoners are detained in the
penitentiary institutions for murder and 11,9% for intentional severe bodily injury or
damage to health. Also, one of the most often crimes is theft 14,2% prisoners
committed this type of crime, and burglary - 11% prisoners committed this type of
crime.
Compared to 2012, the number of prisoners who committed, sexual offenses
has increased by 1% 9,25 %.
The classification depending on the categories of crimes committed is
described in the following charts, as of 01.04.2013.
Description of the persons deprived of their liberty according to the crimes
committed:
Actually detained
Crimes
Murder art. 145,
147 (art. 88, 89, 92 of
the CC year1961 )
Intentional severe
bodily injury or
damage to health
art. 151
(art. 95 of the CC
year 1961)
Kidnapping art. 164
(art. 64; 1132 ; 125;
214 of the CC year
1961)
Trafficking in
human beings art.
165
(art. 1131; 1132 of the
CC year 1961)
as of 01.04.2013
as of 01.04.2012
+- pers.
+- %
1348 (26.01%)
1246 (24.25%)
+102
+ 8.1 %
627 (12.11%)
609 (11.85%)
+ 18
+2.9 %
6 (0.11%)
3 (0.06%)
+3
94 (1.83%)
109 (2.13%)
- 15
- 13.7 %
A/HRC/10/44/Add.3, paras.16 and 90(b); A/HRC/19/18, para.76.14;

A/HRC/19/18/Add.1, para.20.
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Crimes related to
sexual life art. 171 175 (art. 102, 103 of
the CC year 1961)
Theft art. 186 (art.
119 of the CC year
1961)
517 (9.98%)
417 (8.12%)
+100
+23.9 %
668 (12.91%)
739 (14.38%)
-71
-9.6 %
Robbery art. 187

(art. 120 of the CC
year 1961)
403 (7.78%)
428 (8.33%)
-25
-5.8 %
Burglary art. 188

(art. 121 of the CC
year 1961)
587 (11.33%)
552 (10.74%)
+35
+6.3%
28 (0.55%)
14 (0.28%)
+14
280 (5.40%)
273 (5.31%)
+7
+ 2.5 %
9 (0.18%)
14 (0.27%)
-5
- 35.7 %
13 (0.25%)
20 (0.38%)
-7
- 35 %
1 (0.01%)
4 (0.07%)
-3
74 (1.42%)
76 (1.47%)
-2
- 2.6%
1 (0.01%)
6 (0.11%)
-5
Trafficking in
children art. 206
(art. 1131 of the CC
year 1961)
Illegally taking
children out of the
country art. 207 (art.
1123 of the CC year
1961)
Illegal activity
related to the
movement of
narcotic substances
art. 217-219 (art.
2251 of the CC year
1961)
Economic crimes
art. 236-258
Banditry art. 283
(art. 74 of the CC
year 1961)
Actions disrupting
the activity of the
penitentiaries art.
286 (art. 741 of the
CC year 1961)
Hooliganism art.
287 (art. 218 of the
CC year1961)
Illegal use of
weapons and
munitions art. 290
and art. 292 (art. 227
of the CC year 1961)
10
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Crimes committed
by officials art. 324332
(art. 184189 of the
CC year 1961)
Military crimes art.
364-392
(art. 238270 of the
CC year 1961)
Other crimes
Total
4 (0.07%)
-4
4 (0.07%)
6 (0.12%)
-2
- 33.3 %
521 (10.05%)
5181 (100%)
620 (12.06%)
5140 (100%)
-99
+ 41
-15.9 %
+ 0.7%
Description according to the number of criminal priors
I time offender
II time offender
III time offender and
more
Total
Actually detained
as of 01.04.2013
as of 01.04.2012
2135 (41.20%)
2140 (41.63%)
1412 (27.26%)
1415 (27.53%)
1634 (31.54%)
1585 (30.84%)
5181 (100%)
5140 (100%)
+ - pers.
-5
-3
+49
+-%
-0.2 %
-0.2 %
+3.09 %
+ 41
+ 0.7%
Description according to the time served
Up to 1 year
from 1 3 years including
from 3 - 5 years including
from 5 10 years
including
from 10 15 years
including
from 15 20 years
including
from 20 25 years
including
over 25 years
life sentence
Total
Actually detained
as of 01.04.2013
as of 01.04.2012
77 (1.48 %)
82 (1.60 %)
469 (9.05 %)
557 (10.83 %)
853 (16.47 %)
861 (16.75 %)
1781 (34.38 %)
1708 (33.22 %)
+ - pers.
-5
-88
-8
+73
+-%
-6.09 %
-15.7 %
-0.9 %
+4.2 %
1032 (19.92 %)
955 (18.58 %)
+77
+8.06 %
630 (12.16 %)
590 (11.48 %)
+40
+6.7 %
223 (4.31 %)
270 (5.26 %)
-47
-17.4 %
20 (0.38 %)
96 (1.85 %)
5181 (100%)
26 (0.50 %)
91 (1.78 %)
5140 (100%)
-6
+5
+ 41
-23.07 %
+5.4 %
+ 0.7%
Description according to age
Up to 15 years old including

Actually detained
as of 01.04.2013
as of 01.04.2012
3 (0.05 %)
3 (0.05 %)
12 (0.23 %)
6 (0.11 %)
10 (0.20 %)
7 (0.13 %)
+ - pers.
+-%
+6
+3
CAT/C/MDA/Q/3
18 - 21 years old including

21 30 years old including
over 60
Total
300 (5.80 %)
1666 (32.15%)
1681 (32.45%)
895 (17.28 %)
330 (6.36 %)
165 (3.18 %)
119 (2.30 %)
5181 (100%)
261 (5.07 %)
1760 (34.25%)
1719 (33.45%)
856 (16.66 %)
278 (5.41 %)
153 (2.98 %)
97 (1.89 %)
5140 (100%)
+39
-94
-38
+39
+52
+12
+22
+ 41
+ 14.9 %
-5.3 %
- 2.2 %
+ 0.1 %
+ 18.7 %
+ 7.8 %
+ 22.6 %
+ 0.7%
Description according to the social status
Workers
Officials
Farmers
Military
Students
Unemployed
Retired persons
Other categories
Total
Actually detained
as of 01.04.2013
as of 01.04.2012
1184 (22.86 %)
1170 (22.76 %)
29 (0.55 %)
268 (5.21 %)
1084 (20.93 %)
1051 (20.45 %)
17 (0.33 %)
45 (0.86 %)
2659 (51.33 %)
84 (1.62 %)
79 (1.52%)
5181 (100%)
16 (0.32 %)
38 (0.74 %)
2441 (47.50 %)
78 (1.51 %)
78 (1.51%)
5140 (100%)
+ - pers.
+-%
+14
-239
+33
+1.1 %
-89.1 %
+3.1 %
+1
+7
+218
+6
+1
+ 41
+6.2%
+18.4 %
+8.9 %
+7.6 %
+1.2 %
+ 0.7%
Description according to the employability
Employable
Persons with the I-II
degree of disability
Persons with the III degree
of disability
Total
Actually detained
as of 01.04.2013
as of 01.04.2012
5029 (97.07%)
4981 (96.90%)
+ - pers.
+ -%
+48
+0.9 %
87 (1.68%)
89 (1.74%)
-2
-2.2 %
65 (1.25%)
70 (1.36%)
-5
-7.1 %
5181 (100%)
5140 (100%)
+ 41
+ 0.7%
Description according to the education
Illiterate
Primary education
Incomplete secondary
education
Secondary education
Special secondary
education
Incomplete higher
education
Higher education
12
Actually detained
as of 01.04.2013
as of 01.04.2012
80 (1.55 %)
116 (2,25 %)
203 (3.91 %)
267 (5,20 %)
2800 (54.04 %)
2657 (51,70 %)
+ - pers.
-36
-64
+143
+-%
-31.03 %
-23.9 %
+5.3 %
1555 (30 %)
399 (7.70 %)
1586 (30,85 %)
365 (7,10 %)
-31
+34
-1.9 %
+9.3 %
52 (1.03 %)
53 (1,04 %)
-1
-1.8%
92 (1.77 %)
96 (1,86 %)
-4
-4.1 %
CAT/C/MDA/Q/3
Total
5181 (100%)
5140 (100%)
+ 41
8.
In light of the recommendations in relation to legal safeguards and effective
measures to prevent torture, made by the Committee (para.10) and the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment (A/HRC/10/44/Add.3, para.90(b)), please provide information on:9
(a)
Whether every detainee, including any person detained under the
administrative law, is afforded all fundamental legal safeguards during his/her
detention, inter alia, the right to access a lawyer, to have an independent medical
examination, and to notify relatives from the actual moment of deprivation of liberty
and to be informed of his or her rights, including grounds for the detention. Please
comment on allegations that detainees have been frequently denied the right to meet
confidentially with their lawyers, in particular at the early stages of police custody
(A/HRC/10/44/Add.3, para.67(3)), and that detainees are frequently not permitted to
contact family members until several hours have passed from the commencement of
deprivation of liberty.10 What measures has the State party taken during the reporting
period to monitor the implementation of these fundamental safeguards?
In view of facilitating the conditions for monitoring the state of the prisoners
in temporary detention centers, the respect of the rights of the persons detained in
the special MoIA institutions, in line with the CPT and the compliance with the
MoIA Order no. 308 from 07.11.2011, ,,On amending and completing the MoIA
Order no. 5 from 05.01.2004, the provisions of the European Convention for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment, all
heads of the internal affairs bodies and subdivisions were urgently ordered to ensure
that each person placed in the temporary detention facility is informed about its
rights and obligations, attaching this information to all personal files of the prisoners
against signature, as well as to install information boards at the entrance into the
temporary detention facilities with the indication of all the rights of the detained or
arrested persons.
Under the procedural aspect, it shall be mentioned that new regulations were
introduced in the Criminal Procedure Code which are related to the documentation
of the persons detention, intended to strengthen the guarantees given to the person
that is due to be placed in detention.
Thereby, in art. 167 para (1) from the Criminal Procedure Code, the express
obligation was instituted to record in the detention report the physical condition of
the person detained, complaints referring to his or her health condition, what he or
she is wearing (description of the attire), explanations, objections, requests of the
detained person, request to have access to medical examination, including at own
expenses, as well as the obligation to immediately hand over to the person a copy of
the detention report.
Moreover, pursuant to art. 167 para (6) from the Criminal Procedure Code, if
at the time of the detention the presence of some lesions or bodily injuries of the
detained person are ascertained, the criminal prosecution officer shall immediately
notify the prosecutor thereof, who shall immediately order legal medical findings,
depending on the case, a forensic legal examination in order to establish the origin
and character of the injuries or lesions.
One of the fundamental safeguards against torture was regulated in the
Enforcement Code as well by including in the content of art.175 1 of the para (2),
which stipulates that the person detained in conditions set forth in para (1) is
immediately subject to medical examination upon entry into or discharge from
9
10
A/HRC/10/44/Add.3, paras.15 and 75; CPT/Inf (2012) 3, paras.21-31.

CPT/Inf (2012) 3, para.21.
+ 0.7%
CAT/C/MDA/Q/3
the place of detention, as well as upon request, including on own account,

throughout the whole period of detention. The medical examination is carried out
confidentially.
Simultaneously, art. 64 para (2) pt. 15 1) from the Criminal Procedure Code
stipulated expressly the right of the suspect that immediately after being detained or
after being notified about the decision to apply the preventive arrest, to have access
to an independent medical examination and aid, including on own account.
Besides those mentioned above, we would like to specify that the measures
for creating decent conditions for detention (separate beds, mattresses, bed linen,
blankets, pillows, WC, sinks, ventilation systems and natural light, etc.) are
permanently undertaken.
In particular, respective conditions for confidential meetings between the
counsels and the prisoners were created, without limiting their number and duration,
etc., having arranged in each temporary detention facility rooms for visits and
criminal prosecution proceedings in this regard. Currently, the conditions for the
care of the persons under arrest in line with the Contravention Code and the
Criminal Code have improved essentially and concrete steps shall be made for the
final settlement of this matter.
At this point, visits are granted to the persons detained and under arrest with
the counsel during daytime from 06.00 to 22.00 hrs, including on Saturdays and
Sundays, without setting limits to their number and duration.
In view of respecting the rights of the persons detained within the MIA
special institutions, in line with the requirements of CPT, MIA employees are tasked,
in respect to the persons detained, to comply with: the immediate notification of
close relatives; ensuring access to counsel in confidentiality; access to a doctor,
including the examination; as well as the issuance of a form where his or her rights
are indicated with the signing of a declaration in confirmation thereof.
According to the tasks set by the MIA on respecting the rights of the persons
detained in the MIA special institutions, as well as during the visits of the
representatives of the CPT, a series of rights for persons detained by the police are
envisaged as priority:
- to be verbally familiar with the essence of the suspicion, the grounds and reason
for the deprivation of liberty;
- to request a check by the prosecutor of the legality of the detention;
- to appeal against the actions of the person conducting the criminal prosecution, of
the criminal prosecution officer, of the prosecutor, of the administration of the
temporary detention facility, of the members of the escort, as well as of the persons
securing the temporary detention facility;
- to use own clothing and shoes, as well as other objects and items, the list of which
is set out in the Regulation of internal order within the temporary detention
facilities;
- to receive free food in line with the established norms and other forms of material
support;
- benefit from daily walks of one hour duration;
- to receive packages and boxes, to benefit from short-term meetings , to send
letters;
- not to make statements due to the fact that they might be used against him or her;
- to be aided by a chosen counsel or one who delivers state guaranteed legal aid;
- to obtain at any time information regarding his or her rights and obligations;
- to inform the relatives about his or her deprivation of liberty;
- to get a medical examination by a doctor, a legal doctor depending on the case,
with the detailed description of detected injuries;
- to benefit from free medical treatment;
- to benefit from personal hygiene.
14
CAT/C/MDA/Q/3
Minors, as well as women who have their children with them, pregnant
women benefit from daily walks for up to 2 hours.
For the most part, within the process of monitoring the detention facilities,
the representatives of the institutions mentioned, aside from other tasks, deliver free
legal consultations to the prisoners. At the same time, the legal consultations are
provided primarily by the counsel (lawyer) who, for the purpose of these activities,
upon the approval of the criminal prosecution officer, has the right to unlimited
communication with the client, bringing to the attention the conditions of complying
with the legal restrictions related to the running of the criminal or contravention
proceedings and the detention regime, including for obtaining free legal
consultations.
The institutions which ensure the detention of persons may be visited by
other persons upon special approval of the administration of these institutions or of
officials of the authorities higher in the chain-of-command or based on court
decision, and in the case of pre-trial prisoners also based on the decision of the
criminal prosecution authority or of the court, where the criminal case is tried.
We would like to inform you that in view of preventing torture and other
forms of ill-treatment in police custody, in particular measures taken to bring the
guilty persons to justice, for the purpose of ensuring confidentiality of the meetings
of the person in the custody of criminal prosecution authorities with the counsel,
respective conditions for confidential meetings between the prisoners and counsels
were created, without limiting their number and duration, etc., in this regard having
arranged in each temporary detention facility rooms for visits and investigation
proceedings.
In this context, as a result of some notifications issued by the General
Prosecutors Office on grounds of violations allowed during the visits of some
lawyers to their clients held in the temporary detention isolator of the General Police
Station of the Chisinau municipality, caused by the lack of permission by the
criminal prosecution authority or lack of the activity program of the incarceration
institution, on Saturdays and Sundays, by the Order of the Minister of internal affairs
pt. 5.15, 5.17 and 5.21 of the Order of the Minister of internal affairs no. 5 from 05
January 2004 were amended.
Currently, meetings between the detained and arrested persons with the
counsel are allowed during daytime from 06.00 to 22.00 hrs, including on Saturdays
and Sundays, without setting limits to their number and duration.
Regarding the measures adopted to strengthen the independence of the
National Preventive Mechanism of torture (NPM) from the Office of the
Parliamentary Advocate, we would like to communicate that in order to avoid cases
of limiting access in specialized MoIA locations by the parliamentary lawyers and
members of the Advisory Board, on 10 December 2009, by means of the MIA Order
no. 418, the MIA Order no. 430 from 28.12.2008 was completed, and namely the
Regulation on ensuring the security and regime of access to the headquarters of the
MoIA bodies and subdivisions with the following content: pt. 13 letter a) after the
wording ,,General Prosecutors Office and the regional office was completed with
the words: parliamentary lawyer, member of the Advisory Board, public servant of
the Center for human rights and in annex no. 21 to the Instructions on the activity
of temporary detention facilities of the MIA Order no. 223 from 06.07.2012, after pt.
d) ,,member of parliament was completed with the words ,,parliamentary lawyer,
members of the Advisory Board and other persons replacing them.
The temporary detention facilities of the MIA are monitored by the
representatives of the Helsinki Committee for Human Rights from Moldova and of
the Center for Human Rights of Moldova and other non-governmental organizations
with competences in the field.
In view of complying with the provisions of art. 23 2 of Law no. 1349 from
17.10.1997 on parliamentary lawyers, as well as for the purpose of developing the
CAT/C/MDA/Q/3
National mechanism of preventing torture and ill-treatment, the MoIA issued the
directive no.6/1997 from 05.08.2011. By means of this directive, the Head of the
General Police Station of Chisinau municipality, the Head of the Internal Affairs
Department of ATU Gagauzia, the Head of the Migration and Asylum Bureau and
the Heads of police stations were ordered to ensure that the subordinated staff is
informed about the composition of the members of the Advisory Board of the Center
for Human Rights, as well as about their rights, including the thorough study with
the desk officers and heads of the temporary detention facilities, free access of
Advisory Board members into subordinated institutions, including temporary
detention centers (according to the annex), efficient and productive cooperation with
the Advisory Board members, as well as the appointment of a responsible person
from the management to provide necessary assistance during the monitoring visits.
In the same line of ideas, the MIA employees were warned about the
application of disciplinary sanctions in case of failure to comply with the set
requirements, as well as blocking the access of Board members to the police
inspectorates, including to the detention facilities.
At the same time, we would like to inform you that MIA undertook a series
of actions aimed at ensuring the rights of the persons detained in temporary
detention facilities, preventing and combating cases of torture, inhuman and
degrading treatment, by means of permanently conducting unannounced checks,
planned in MIA special institutions, in order to detect prisoners with complaints or
signs of inhuman or degrading treatment applied to them by the police officers.
In view of avoiding cases of illegal detention of persons in temporary
detention facilities, as well as of inhuman and degrading treatment, during 2011 the
MIA carried out 63 unannounced checks, whereas within the period 2012 - 150
checks, within the frame of which no case of illegal detention was detected.
Also, the MIA personnel, as well as the staff of the temporary detention
facilities from the regional subdivisions, are permanently reminded of the severe
consequences which may incur in case of preventing the persons under
contravention and criminal arrest to complain to the representatives of the
institution.
Please provide data on the number of law enforcement officers disciplined or
otherwise punished for failing to respect them, and indicate the sanctions imposed;
All complaints referring to the alleged acts of torture and ill-treatment
committed by the staff of temporary detention centers were subject to thorough
checks, with visits to the headquarters of the penitentiary institutions and evidence
gathering. Respectively, in cases of confirmation of the information given in the
complaints, the evidence was handed over according to the competences of the
criminal prosecution authorities.
As a result of these actions, in 2012, 13 criminal cases were opened for abuse
of power and 7 criminal cases for committing torture. In a criminal case out of those
7 an officer of the temporary detention facility was convicted to one year
imprisonment, pursuant to art. 79 of the Criminal Code, serving the sentence in a
closed penitentiary, with the deprivation of the right to hold an official position
within the law enforcement authorities for a period of 3 years. During 2012, 13
officers (20 persons - 2010 and 13 persons - 2011) were fired from the penitentiary
system for disciplinary violations and 4 officers (11 persons - 2010 and 10 persons 2011) discredited.
(b) Measures taken to ensure that arbitrary detention does not take place and that
all detained persons are brought promptly before a judge and able to challenge
16
CAT/C/MDA/Q/3
effectively and expeditiously the lawfulness of their detention through habeas

corpus;
Upon MIA initiative, the first step was made to ensure the transfer into the
penitentiary of all persons with an issued arrest warrant on them, by complying with
the provisions of the MoIA Order no. 25 from 24.01.2008, it was possible to execute
exactly the art. 323, 324 and 328 of the Enforcement Code, according to the
provisions of which, the persons detained in line with the Contravention Code, from
the moment of using the preventive measure against them in the form of arrest, shall
be escorted for eventual detention in the penitentiary. Hence, the principle of
separating the competences of the criminal prosecution authority from those of the
detention authority was implemented.
The analysis of the activity of the temporary detention facilities (TDF)
subordinated to the MIA reflects the fact that during the years, some heads of police
inspectorates allowed for the detention of persons, subject to preventive arrest for a
period exceeding 10 days, upon the request of judges, prosecutors or criminal
prosecution officers.
(c)
Whether the State party has introduced a procedure of mandatory and
regular medical examination for detainees, including following all transfers between
facilities;
In view of ensuring the mandatory and periodic procedure of medical
examination of the prisoners, while in the TDF each prisoner shall be daily
questioned regarding his or her health condition, in the case when the detained
person requires medical aid he or she is escorted to the medical facility for receiving
medical aid, recording in the logbook the medical aid granted thereof.
Depending on the need, for a more comprehensive medical examination the
emergency team 903 is called, placing the detained person for thorough checks in
specialized medical institutions.
All doctor visits or cases of providing medical aid are recorded in a special
logbook, which is presented upon request to the interested party or to the lawyer.
Moreover, in line with the provisions of the MIA Order no. 384 from
26.10.2006 on medical examination of the person detained and placed in the TDF,
the medical examination is mandatorily performed when placing into and leaving
the TDF, drafting the medical examination report in 2 samples. In case the detained,
arrested or convicted person refuses to receive medical examination from the TDF
doctor, upon his or her request it is allowed the examination to be run by a proposed
independent doctor. If during the medical examinations,signs which indicate
possible actions of torture or inhuman treatment are detected, the medical personnel
is obliged to immediately inform the management of the subdivision and the
prosecutors office. In 2011, 2 such cases were recorded, but they were not
confirmed following the examination by the prosecutors office.
Simultaneously, pursuant to the provisions of pt. 19, Chapter II from the MIA
Order no. 223 from 6 July 2012, upon registration/handover of detained persons
in/from the TDF, they are mandatorily examined by the TDF doctor, drafting the
respective documents, and eventually are subject to sanitary disinfection, having set
up for this purpose proper rooms provided with necessary medication. Due to the
fact that the position of doctor was included on the staff of the TDF of the police
inspectorates, the issues of granting first aid and primary medical aid, sanitaryantiepidemic and disinfection measures, prevention and combating infectious
diseases were improved.
If the detained person in the TDF complains on the health condition or in
case of clear signs of illness, the doctor is requested from the medical service of the
CAT/C/MDA/Q/3
MIA or the near curative institution to receive a medical opinion about the
possibility of detaining the respective person in the TDF.
Any request addressed to the police authorities or TDF by the detained
person, or depending on the case, by the arrested person, to be consulted by a doctor
or to be subject of the legal medical examination shall be obligatorily and urgently
complied with.
Any medical examination is made in the absence of other persons, including
the police officers,
At the time of detention the persons shall be examined if they have signs of
violence and in the case of their presence on the body, it is necessary to record in the
detention protocol any visible sign of violence detected, with the proper
explanations regarding their nature, circumstances and time of their occurrence; if
such signs of violence were not recorded, the administration of the detention facility
shall be held accountable.
Persons held in police custody shall go through medical examination
immediately and promptly. In the case when there is a threat against the life or
health of the prisoner, the respective MIA subdivision is obliged to undertake
measures absolutely necessary for saving the life and health of the persons (forced
feeding, protection from suicide, self-mutilation).
According to the provisions of point 15 of the Ministry of Justice Order no.
478 from 15.12.2006 On approval of the Regulation regarding the way of providing
medical aid to detained persons in the penitentiary, upon receiving in the
penitentiary the newly arrived person (including those in transit), a provisional
medical examination shall be conducted with the aim of detecting the persons that
pose an epidemiologic threat, of sick persons in need of urgent medical aid, for
establishing the existence of bodily injuries or other signs of violence or torture, the
state of inebriation, etc.
Thereby, as a result of the mandatory radiological examination, within 12
months of year 2012, 56 cases of tuberculosis were detected upon acceptance into
the penitentiary system (34% of the TB declared cases). Persons with trauma lesions
were detected in 25% (95 cases) of the cases from those 380 reported annually.
If it is established that the prisoner has bodily injuries, primary medical aid is
provided. Upon need, he or she is warded in the medical unit of the penitentiary or is
transferred to the in-patient unit, receives medical aid and according to the doctors
report, measures are taken to deliver him or her to the in-patient unit. The medical
staff is trained in examining the prisoners for the purpose of establishing the
existence of bodily injuries or other signs of violence. If bodily injuries are found, a
medical certificate shall be drafted in two copies, which will be attached to the
personal file and the medical record of the prisoner, informing the officer on duty
and the management of the institution thereof, that obligatorily shall notify in
written form and without delay the Department of Penitentiary Institutions and the
regional prosecutors office.
Regarding the efficiency of training the medical staff from the penitentiary in
establishing the presence of bodily injuries, in view of enhancing the capacity of the
penitentiary personnel in preventing and combating torture and ill-treatment, in 2012
UNDP organized two seminars entitled Medical examination and documentation of
torture cases and other ill-treatment.
In line with the recommendations given during the visits in the Republic of
Moldova of the CPT in the previous years, during the medical procedures
(examination, diagnostic procedures, treatment procedures) the patients are face to
face with the medical staff, in the absence of the personnel that ensures security.
Medical examination of all prisoners, as well as consultations of specialized medical
experts are carried out with respect to patient confidentiality, outside the hearing
range, except for the express request of the involved medical personnel, far from the
18
CAT/C/MDA/Q/3
eyesight of the members of the personnel other than medical or care. The majority of
doctors conduct consultations in separate offices or examination rooms face to face
with his or her patient. The results of the medical examination which contain data on
their mental and somatic condition are registered in the patients medical record and
are stored in compliance with the requirements of the legislation on confidential
information.
Recently, the Regulation on protection of personal data about the health
condition of the persons held in the custody of the Department of Penitentiary
Institutions was elaborated, approved by the Order of the Department of Penitentiary
Institutions no. 228 from 19 September 2013.
In 2013, contracts were signed with 8 public medical-sanitary institutions of
the Ministry of Health in the amount of approximately 960 thousand MDL on
granting medical aid and conducting necessary investigations, according to which,
within the period of 2011-9 months 2013 the following was done:
Institution
2011
2012
9 months
number
of
number of
2013
examined
examined
number of
patients
patients
examined
patients
Were
157
281
investigated
within MH
institutions
Expert
145
182
530
consultations
Ultrasound
92
106
90
examinations
(USG)
Computerized
18
25
34
tomographies
(CT)
Computerized
18
25
34
tomographies
(CT)
Investigations
10
7
at the Prosthesis
factory
Surgeries:
8
9
25
Child deliveries
2
3
The structure of mortality among prisoners for 2012 is the following:
- I place gastrointestinal pathologies
- II place - mental disorders
- III place - respiratory diseases
- IV place - infectious and parasitic diseases
- V place - traumas and poisoning
- VI place cardiovascular system pathology.
In this context we can mention that the cooperation with the IMSP of the Ministry of
Health is ensured at high level, the convicted benefit from medical aid without any
obstacles, 34 prisoners were treated in in-patient units of public medical institutions
with which contracts of providing medical aid were signed.
According to art. 232 pt. 4 of the Enforcement Code, the convicted person may
benefit at own expenses from the consultation of a private doctor. Thereby, within the
period of 9 months of 2013, prisoners benefited from 18 consultations with the dentist,
3 consultations with the otolaryngologist, 1 consultation with the oncologist, 3
CAT/C/MDA/Q/3
consultations with the urologist, 3 ophthalmology consultations; 2 consultations with

the cardiac surgeon; 1 consultation with the neurologic surgeon, 1 consultation with the
trauma doctor; 2 dermatovenereology consultations; 1 consultation with the
endocrinologist; 3 consultations with the urologist; 5 USG, 2 X-rays; 1
fibrogastroduodenoscopy; 1 MRI; 1 dopplerography; 1 fibroscan; 1 fixing of the
mandible;1 plaster bandage; 2 laboratory microbiological investigations.
The statistics of the prisoners examined by the CEMV in the penitentiary hospital
are the following:
Total, 100%
2010
2011
2012
9 months 2013
119
114
102
69
Primary
54
48
36
19
%
45,4%
44,0%
29,7%
27,5%
Including
Re-examination
65
66
66
50
%
54,6%
56,0%
71,3%
72,5%
The statistics of the mortality structure amongst prisoners in 2010-9 months 2013
are the following:
Order
no.
1
2
3
4
5
6
7
8
9
Disease
2010
2011
2012
Tuberculosis
And HIV / TB
SIDA (without TB)
Cancer
Nervous system diseases
Cardiovascular system diseases
Respiratory diseases (except TB)
Digestive system diseases
Trauma injuries, poisoning, septicemia
Suicide
Total:
10
3
0
7
1
15
1
1
1
5
44
10
11
1
5
0
13
0
0
2
7
49
3
4
2
0
0
6
1
6
4
5
31
Purchase of medicines and para-pharmaceutical products in the penitentiary

institutions is performed on the basis of presentation of requirements for medicines,
para-pharmaceutical products, disinfectants, equipment of the Medicines Agency,
which according to the Government decision no. 568 from 10.09.2009 regarding the
approval of the Regulation on the purchase of medicines and other health products
for health system needs, organizes and performs at the national level the centralized
public purchases of medicines and other health products. The Medical Directorate of
DPI shall conclude contracts with the designated winning companies; afterwards the
goods are received in the penitentiary institutions on the basis of the fiscal invoice.
Thus, in 12 months of 2012, contracts with 46 pharmaceutical companies
were concluded, medicines in the amount of 1 506 498, 27 MDL were delivered, out
of which 1 120 882, 35 MDL from the state budget and 385 615,92 MDL from
humanitarian aid.
20
9
months
2013
3
2
0
9
1
5
2
1
2
3
28
CAT/C/MDA/Q/3
Medicine products for the period of 9 months of 2013 were bought in the
amount of 2 060 375,304 MDL from budgetary sources and 2 434 542,20 MDL
from humanitarian aid.
Besides the medical assistance provided in the penitentiaries, a mobile group
of experts was created (surgeon, psychiatrist, ophthalmologist, otolaryngologist,
dermatovenerologist, infectologist, physician, neurologist, phthisiologist) from the
Penitentiary Hospital for the examination and selection of the patients requiring
treatment with subsequent transfer to the penitentiary hospital.
As concerns the psychiatric section of the Penitentiary No. 16 Pruncul, we
would like to communicate that the complete refurbishment of the section of
psychoneurology was finalized at the end of 2012. Plastic carpentry (windows) and
metallic grills were installed that will improve the level of daylight supply for the
detainees. Each cell is equipped with natural and mechanical ventilation system,
separate technical-sanitary blocks and the heat supply system was upgraded.
At the reporting moment, a medical specialist for the position of neurologist
is being hired for of the salary. The position of the head of psychoneurological
section is still vacant/.
Aiming at the improvement the situation in the penitentiaries, on 27.09.13, by
the DPI Order no. 108d Regarding the measures of physical coercion in the
psychiatric sections of the penitentiary system, the Recommendations were
elaborated on the physical coercion in the psychiatric sections and in all medical
services the Register of measures of restraint and seclusion applied to patients was
drafted.
According to the scope of intervention stipulated in paragraph 6.4.5 of
activity no. 1 of the Action Plan for implementation of the Reform Strategy of the
Justice Sector 2011-2016, the Ministry of Justice together with the Ministry of
Health and other stakeholders have proposed to develop by the end of 2012 draft
amendments to the regulatory framework in order to strengthen the independence of
medical service staff in places of detention, by their transfer from the subordination
of the Department of Penitentiary Institutions to the Ministry of Health.
In order to facilitate this process, WHO/UNODC experts visited the Republic
of Moldova in the period from 10 to 13 April 2012; the mission was coordinated
with the Ministry of Health and Ministry of Justice. In order to decide on the
Republic of Moldovas model in the management of health services in detention
institutions, as there are both successful and unsuccessful experiences of the
countries from the region, it was decided to elaborate the public policy for this
subject and the Action Plan should be elaborated on the assurance of professional
independence of the medical service staff from the detention facilities until the end
of 2013.
(d)
Whether reports of independent doctors are given the same
evidentiary value by the State partys courts as reports issued by medical service
staff of places of detention. Please also indicate whether the State party is taking
steps to ensure the independence of the National Forensic Centre from the General
Prosecutor (A/HRC/19/61/Add.3, p. 316).
One of the positive conditions of the state upon the arrest and interrogation of
the person is the right to request a medical examination by a doctor upon his choice.
The medical examination must be performed in the absence of state agents (police,
representatives of the isolation ward). Thus, upon the refusal of the detained,
arrested or convicted person of being medically examined, upon his request he
should be allowed to be examined by a suggested independent doctor. However, in
case of health condition worsening or the necessity of surgery during the detention
stay of the person in the DPI, the detainee is escorted by guards to the hospital
dislocated on the territory of DPI or to the hospital of the Department of Penitentiary
CAT/C/MDA/Q/3
Institutions of the Ministry of Justice.

(e)
Whether the State party has adopted regulations requiring use of
registers in all police premises in conformity with international standards,
particularly the Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment. What information is contained in such registers?
How does the State party ensure that all detainees, including minors, are included in
a central register? Please indicate what actions the State party has taken to respond
to the finding of the CPT that in some cases, the police failed to observe the three
hour time limit for drafting a custody report following the taking into custody of an
individual and that they failed to accurately reflect the time and place of detention. 11
Please indicate whether any law enforcement officers have been disciplined or
otherwise punished for failing to properly register detainees.
In the majority of the Police Inspectorates the existing registers were not used
in strict compliance with the MIA order no. 5 from 05.01.2004, the data of the
apprehended persons and those detained in the DPI were not complete, there were
missing the date and time of the person taken into custody, data regarding the exit
from DPI, the police officers who took over the persons from DPI, etc.
Thus, aiming at the implementation of the Automated Information System
Concept "Register of forensic and criminological information" and services for
2011-2012, approved by Government decision no. 690 from 20 September 2011,
Art. 303 of the Enforcement Code, Criminal Procedure Code (CPC), the CPTs and
ECHR recommendations, as well as for the non-admittance of the inhuman and
degrading treatment, on 15 March 2012, by the Disposition no. 6/660 on additional
measures of surveillance of the temporary detention facilities subordinated to MIA,
the heads of the general police inspectorates were appointed with the task of strict
compliance with the provisions of art. 323 and 328 of the Enforcement Code, by
which persons subjected to preliminary detention and those sanctioned
administratively should be immediately escorted to penitentiary institutions.
The transfer of MIA detention facilities to the competence of Ministry
ofJustice (MJ) is not necessary, due to the fact that the MIA has in its subordination
temporary detention facilities intended for the assurance of accommodation and
detention of the detained persons in line with art. 166 of the CPC, for a period of 72
hours.
In addition, according to Disposition no. 6/2111 from 22.08.2012 regarding
some additional surveillance measures of the temporary detention facilities of MIA,
the heads were handed over the following tasks: strict compliance with the
provisions of art. 303 and 318 of the Executive Enforcement Code, by which
persons subjected to preliminary detention and those sanctioned administratively
should be immediately escorted to penitentiary institutions.
Aiming at the implementation of recommendations provided by CPT, EC and
CHRP, which requested to reduce the detention period of the persons deprived of
liberty in the subordination of MIA, the Enforcement Code was amended by a new
article by the Law on amendment of art. 175 1 of the Enforcement Code of the
Republic of Moldova no. 28 from 01 March 2012, which stated that Detention, as
coercive procedural measure up to 72 hours, shall be ensured in the temporary
detention facilities, except for the militaries, whose detention shall be performed in
the garrisons or the military commandment of the garrison, respecting the human
rights and fundamental freedoms and adequate conditions of detention.
In the temporary detention facilities persons are detained for a period of 72
hours on the basis of art. 166 of CPC, and the persons subjected to preliminary
detention, are escorted and detained in the MoJ penitentiary institutions.
11
Ibid., para.13.
22
CAT/C/MDA/Q/3
The heads of the territorial subdivisions of MIA were requested to

disseminate with the highest determination and on regular intervals, a zero
tolerance message towards the ill-treatment by the police officers. This message
should be clearly understood, all measures should be undertaken in order to ensure
that the authors of the ill-treatment and the accomplices, including concealing and
encouraging, will be held responsible in front of the justice.
When the person firmly claims that he suffered, from the police side or other
similar state service, treatment contrary to art. 3 of the Convention, this disposition,
combined with the general obligation imposed to the state by art. 1 of the
Convention to acknowledge every person in regards of the jurisdiction, rights and
liberties defined in the Convention to implicitly request effective criminal
prosecution actions. These actions should lead to identification and sanction of the
guilty.
At the same time, in order to keep a strict evidence of the persons in the
custody of criminal prosecution authorities and to carry out the Government
decision no. 1202 from 17.10.2006 regarding the approval of the Concept of
Informational Integrated System of Law Enforcement, Government Decision no. 25
from 18.01.2008 on the approval of the Concept of Automated Informational System
Register of detained, arrested and convicted persons and to carry out subpoint
7.13, pt 7 of chap. 3 of the MoIA Action Plan in the Human Rights Domain for the
years 2012-2014, approved by the order of MoIA no/56 from 07.03.2012 as well as
to perform actions on legislation improvement in the field of protection of rights of
persons of special categories (detained, arrested, convicted persons), MoIA has
come with the following proposals:
-
all persons from the moment of detention or arrest by the employees of MIA
subdivisions, should be recorded in the Informational Integrated System of
Law Enforcement, (hereinafter - IISLE), including all movements, in court,
penitentiary institutions, hospitals, etc..
The register of detained, arrested and convicted persons, which represents
specialized informational resources, should contain data on the persons in
custody
(detained, arrested and convicted). This registry will ensure the
function of automatic exchange of information between law enforcement on the
detained and convicted persons and will allow automation of actions bearing
non-procedural character (document preparation, collection of data
characterizing a person, currier work)
Information stored in the computer memory referring to the arrested or
convicted persons should be kept indefinitely.
The creation of such an automated informational evidence register of the detained,

arrested and convicted persons, detained in the temporary detention facilities, will
allow not only the automated monitoring of the detention conditions and treatment
of the detainees (including the decisions regarding their complaints), as well as the
active participation of the international community and the civil society in the
promotion of democratic values and respect for the human rights, as well as raising
the level of juridical culture of the police officers, who work in the penitentiary
system.
The present document shall establish the goals, tasks and functions of the
Automated Informational System Register of detained, arrested and convicted
persons, the organizational structure and the necessary legal-normative framework
for its creation and exploitation, informational objects and the list of data stored in
the system, technological infrastructure and the measures to ensure security and
information protection.
CAT/C/MDA/Q/3
The Register of detained, arrested and convicted persons (hereinafter RDACP) will be a specialized informational resource that will contain data on the
persons in detention (detained, arrested and convicted).
Introduction of such a system will ensure reaching the following goals:
a) creation of informational resources in the field of evidence of the detained,
arrested and convicted persons;
b) effective, stable and secure provision of information on the service activity of the
internal affairs authority;
c) provision of accurate and operative information to the leadership of the country;
d) provision of informational interaction and cooperation during the interstate and
international information exchange;
e) modernization of the law enforcement activity in the field of modern
technologies;
f) provision of direct interaction between the leadership of the country, citizens and
law enforcement by using informational technologies.
The creation of the present Automated informational system The register of
detained, arrested and convicted persons shall be based on the following principles:
a) first-person / single centre, which implies a real senior leader who has sufficient
skills and abilities to make decisions and coordinate the development and operation
of the System;
b) principle of data reliability, which implies entering data into Automated
informational system The register of detained, arrested and convicted persons on
the basis of authentic documents;
c) principle of integrity, completeness and accuracy of data: the data integrity
implies the status of the data, when they keep the content and are interpreted
unambiguously in terms of accidental actions. Data integrity is considered to be kept
if the data were not distorted or destroyed (erased), completeness of the data implies
the complete quantity of the information on the evidence objects, which is collected
in accordance with normative documents;
d) principle of information confidentiality, which implies personal liability in
accordance with the law, of the employees responsible for information processing ,
for irregular dissemination or use of information;
f) principle of informational security, which implies ensuring integrity, exclusivity,
accessibility and effectiveness of data protection against loss, distortion, destruction
or unauthorized use.
The legal-normative basis of the Automated informational system The
register of detained, arrested and convicted persons shall be regulated by the
following laws: the Constitution, the Law no. 514-XIII from 6 July 1995 on judicial
organization, Law no. 297-XIV from 24 February 1999 on the social adaptation of
persons released from imprisonment, the Criminal Code of the Republic of Moldova
no. 985-XV from 18 April 2002 Criminal Procedure Code of the Republic of
Moldova no. l22-XV from 14 March 2003, the Enforcement Code No. 443-XV from
24 December 2004.
In the Automated informational system The register of detained, arrested
and convicted persons it would be useful to update the following data by
systematic introduction of modifications (corrections, completions) in the data base
of the Automated informational system The register of detained, arrested and
convicted persons during the preliminary criminal investigation, as well as during
the trial, in the following cases: change of detention conditions/regime, transfer to
the penitentiary, escorting for investigative measures, medical examination,
addressing to the medical service, escorting to the medical institution, escape, death,
strangulation, termination of the criminal case, change of preventive measure; expiry
of detention/arrest term, if it was not extended according to the law.
24
CAT/C/MDA/Q/3
The data from the abovementioned Register shall contain the following
information: surname, name, patronymic, date, month and year of birth, residence,
place of birth, place of residence, nationality, in case of detention according to the
provisions of the Contravention Code: state identification number of the natural
person (IDNP); identification number of the contravention protocol; number of the
legal cause; date and time of detention; detention basis (documents); custody term;
date of handover and release to/from custody, date of escape; date of death; arrest
according to the provisions of the Criminal procedure code) shall contain: state
identification number of the natural person (IDNP); identification number of the
contravention protocol; number of the criminal case; date and time of detention;
detention basis (documents); custody term; date of handover and release to/from
custody, date of escape; date of death; custody term; identification code of the court
decision; period of the applied administrative arrest, date of transfer, reason of
transfer, data on the medical examination, date of the medical examination and its
results.
(f)
Whether the State party is considering, as recommended by CPT,
instituting mandatory audio (and possibly video) recording of all interrogations,
including a record of the names of all those present at each interrogation? 12
All arrested / detained persons are offered all fundamental guarantees
provided for by law, and namely:
a) Ensure the right of a detained person to inform one of the next of kin or other person
about the place of his detention right stipulated in CPC of RM in art. 66 para. (2) pt 13),
173. (1) CPC;
b) Ensure the access of the detained or arrested person to a lawyer right stipulated in art.
69, 64 para. (2) pt. 4), 5), 6), 7) CPC;
c) The right of the detained person to have access to a doctor, including being examined,
upon his wish, by a doctor chosen by him, in addition to the medical examination
performed by the doctor appointed by the police right stipulated in art. 64, para. (2),
pt.15), 15 ) CPC;
d)
Issue the detained person a form, where his rights are indicated by signing a
declaration confirming this fact right stipulated in disposition of art. 64, para. (2), pt 2)
CPC;
Criminal investigation officers are obliged to investigate the infringements in strict
compliance with the principle of presumption of innocence, stipulated in art. 8 CPC.
The persons detained in the penitentiary institutions, according to chapter XXII of the
Enforcement Code The penalty of imprisonment, are guaranteed the following rights:
- Correspondence and telephone conversations (Article 210);
- Meetings with the lawyer or persons entitled to provide legal assistance, are not
limited (Article 213);
- Medical examination, by a doctor, from outside the penitentiary system, indicated
by it or a forensic expert (Article 232);
- Information, in a language that he understands, on his rights and obligations, the
modality and conditions of sentence execution (Article 169).
9.
provide information on conformance of the judiciary of the Republic of Moldova
with the United Nations Basic Principles on the Independence of the Judiciary. 13
Please elaborate on measures taken to effectively address the concerns raised by the
12
13
Ibid., para.18 (iii).

A/HRC/10/44/Add.3, para.90(c); CAT/C/CR/30/7, para. 6(f); CAT/C/CR/30/7, para.7;
CCPR/CO/75/MDA, para.12; E/C.12/1/Add.91, para.12; CommDH(2012)3/11 , para.7.
CAT/C/MDA/Q/3
Special Rapporteur on the question of torture (A/HRC/10/44/Add.3, para.67), which

referred to, inter alia, the lack of independence of judges. Please indicate whether
the Ministry of Justice is empowered to remove judges, the grounds on which judges
can be removed, and the number of judges removed during the reporting period.
10.
In light of the recommendations made by the Committee (para.22), the
Special Rapporteur on violence against women, its causes and consequences
(A/HRC/11/6/Add.4, para.86), and the Working Group on the Universal Periodic
Review (A/HRC/19/18, paras.73.35 ff), please provide information on the measures
taken to combat trafficking in person, by, inter alia, strictly applying relevant
legislation, prosecuting and punishing perpetrators, raising awareness of the
problem, and providing training for law enforcement personnel and other relevant
groups. What steps have been taken to broaden the implementation of measures to
assist the social reintegration of victims and to provide genuine access to health care
and counselling?14 Please provide detailed information, including statistical data, on
tendencies in trafficking and on court cases, prosecutions and victims assisted, as
well as the results achieved in prevention.
In the Republic of Moldova, the central and local public administration pays
increased attention to the assistance and protection of the victims and potential
victims of THB. Thus, the Republic of Moldova ratified the Council of Europe
Convention on Action against Trafficking in Human Beings adopted in Warsaw by
the Council of Europe Committee of Ministers on 3 May 2005, by Law no. 67 from
30.03.2006.
The United Nations Convention against Transnational Organized Crime was
also ratified, the Law no. 15 from 17.02.2005, as well as the Optional Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, Law No.17-XV from 17.02.2005.
Thus, in the Trafficking in Persons Report issued by the U.S. State
Department in 2013, the Republic Moldova was ranked on level 2 in the Global
Report on Trafficking in Persons. It should be mentioned that until 2008, Moldova
was ranked on level 3, and in 2009 and 2010 on the intermediate level 2 WL.
Placing our country on level 2 is a progress indicator, which highlights the fact that
prevention and combating of trafficking in human beings is one of the essential
priorities of the Government of the republic of Moldova and that in the last three
years significant results have been achieved in this area, creation and extension to
the national level of the Multidisciplinary teams within the National Referral System
having a substantial role, acknowledged and appreciated at regional and
international level.
At the present time, the draft of Activity regulation of the Territorial
multidisciplinary teams from the National referral system has been elaborated and
sent for approval to the relevant authorities and institutions, by letter no. 08/1468
from 01.08.2013. On 24 September 2013 a public consultation of this project was
carried out.
In order to ensure effective protection and assistance to victims and potential
victims of trafficking, by Government Decision no. 847 from 11.07.2008, there was
created the Centre for assistance and protection of victims and potential victims of
human trafficking (hereinafter Centre), in Chisinau. This Centre has the status of a
public institution created under the Ministry of Labour, Social Protection and
Family; the activity of the Centre will be coordinated, monitored and evaluated by
MLSPF jointly with the International Organization for Migration (mission in RM)
14
26
Concluding observations of the Committee on Economic, Social and Cultural

Rights )E/C.12/MDA/CO/2(, para.13; A/HRC/11/6/Add.4, paras.30-39 and 86;
A/HRC/10/44/Add.3, paras.49-52, and 90(e); A/HRC/19/61/Add.3, para.114; A/HRC/19/18,
paras.73(35)-(42); CRC/C/MDA/CO/3, para.69; CEDAW/C/MDA/CO/3, para.25.
CAT/C/MDA/Q/3
according to the Joint Activity Agreement from 21 July 2008 signed between the
parties.
A basic instrument for the identification of the beneficiaries of the Centre is
the National Referral System (NRS), created on the basis of the Parliament Decision
no. 257 from 05.12.2008 regarding the approval of the National Reference System
Strategy for the protection and assistance of victims and potential victims of human
trafficking.
According to the Regulation on organization and operation of the Centre,
approved by MLSPF Order no.083 from 26.03.2010, this is a specialized institution
providing assistance and protection in crisis situation to the victims and potential
victims of human trafficking (beneficiaries). The centre is often the first point of
contact in the Republic of Moldova for the human trafficking victims who are
repatriated.
In the period from January June 2013, 220 beneficiaries received assistance
and protection as follows:
New registered cases
Victims of human trafficking - 32 people;
Children of the victims of human trafficking - 6 people;
Migrants in a difficult situation - 20 people;
Victims of domestic violence - 50 people;
Unaccompanied Minors - 9 persons;
Prevention cases - 22 people;
Cases repeatedly assisted
Victims of human trafficking - 20 people;
Children of the victims of human trafficking - 7 persons;
Migrants in a difficult situation - 13 people;
Victims of domestic violence - 13 people;
Unaccompanied Minors - 3 persons;
Children without parental care - 5 people;
Prevention cases - 20 people;
The process of assistance starts with prevention, used as a key element in
combating trafficking in human beings. Prevention of trafficking in human beings is
as important as the assistance and protection of victims. Thus, the Centre provides
assistance and protection not only to victims of human trafficking but to their
families and people from the risk group, which represents the pro-active prevention
of the phenomenon.
Assistance within the Centre is focused on providing psychosocial support
and crisis intervention. The method of coordinating all social activities carried out in
the interest of the beneficiary is the method of case management, which aims to
develop and implement the individual plan of assistance, on the basis of initial
evaluation and identification of urgent needs, followed by a complex joint
evaluation with the members of the multidisciplinary team from communities.
In this context, the Centre offers the following services to the victims and
potential victims of human trafficking:
Assistance on arrival into the country of returnees at the airport or other
border crossing points. It provides detailed information about the program of
assistance and protection to which the person is entitled (24 persons received
assistance on arrival in the country)
Temporary Placement in an appropriate and safe environment. The Centre
provides accommodation to beneficiaries for a period of up to 30 days, however, if
necessary, in order to protect and assist beneficiaries by a decision taken at the
CAT/C/MDA/Q/3
meeting of the multidisciplinary team of the Centre, the duration of the placement
may be extended up to 6 months (99 persons have benefited from investment in the
Centre).
Social assistance - assistance to each beneficiary is carried out based on the
individual assistance plan, drafted especially to address the immediate and specific
needs of the beneficiary. The plan is elaborated by the Centres social assistant - case
manager, who consults with the beneficiary and upon necessity with the territorial
multidisciplinary team, from his place of residence (in the reporting period 220
persons were assisted).
- Psychological support - within the Centre there are professional
psychologists who help the beneficiaries to overcome the crisis situation, especially
the feelings of fear, guilt, depression and post-traumatic stress consequences in more
difficult cases. Counselling is carried out in various ways: individual or group,
family counselling, etc.
As concerns the psychological problems, they are encountered in about 85% of
assisted beneficiaries. Compared to the similar period of the last year, there was a
decrease in the number of assisted beneficiaries, except human trafficking victims
with mental disabilities, this being caused by the increase of internal traffic.
Often these beneficiaries are former graduates of boarding schools who do not have
a life experience, do not have family support and are easily manipulated.
Psychological intervention for the victims of human trafficking was directed both to
psychological counselling and psychotherapy as well as towards determination and
(re)establishment of the mental poise of the person. They were focused according to
the following objectives: reducing feelings of guilt, outsourcing the traumatic
situation, its verbalization and overcome, developing self-confidence and confidence
towards the surrounding people, restoring relationships with close relatives,
exploring the internal and external resources, developing the communication skills,
etc. (122 people received psychological counselling).
Primary medical care and rehabilitation is provided to beneficiaries both
during their stay in the Centre, as well as upon necessity after leaving it. Medical
assistance implies the initial diagnosis, followed by treatment for acute illnesses
including supportive treatment for chronic and incurable diseases. For specialized
medical care, in case of health worsening, referral to other medical facilities is
performed.
Healthcare involves. Specialized medical care in cases of worsening health, referred
to other medical facilities.
In line with the profile of assisted beneficiaries, the spectrum of pathologies was
highlighted that required medical involvement: increased number of nervous systems
diseases, brain trauma, gastrointestinal diseases, respiratory system diseases, body
injuries.
The following mental diseases were identified: schizophrenia (5 cases), epilepsy (1
case), disability (5 cases), alcohol addiction treatment (3 cases).
In the period from January to June of 2013, 91 beneficiaries received medical
assistance, out of which, 74 newly registered persons (39 adults, 35 minors) and 17
people received continuous treatment (13 adults, 4 minors).
- Legal assistance the beneficiaries often are not aware of their basic rights,
therefore they receive legal advice that explains the right to receive protection,
compensation, abolishment of sanction (if during exploitation some crimes were
committed), etc. The assessment of the beneficiaries needs demonstrates the
necessity for assistance in a wide range of legal issues. They range from processing
28
CAT/C/MDA/Q/3
identity documents, child custody, compensation, divorce proceedings, cases

involving property up to representation in court in civil and criminal litigations.
Legal assistance is provided free of charge, upon notification of the social worker.
Legal aid is provided by qualified lawyers through external support (52
beneficiaries received free legal assistance in the Centre).
Upon completion of the approval procedure, the draft Government decision on
starting negotiations on a draft Agreement between the Government of the Republic
of Moldova and the Cabinet of Ministers of Ukraine on cooperation in the
repatriation of victims of trafficking in human beings (adults and children),
unaccompanied children and migrants in difficulty, was finalized and sent to the
Ministry of Foreign Affairs and European Integration by the letter no. 08/1709 from
06 September 2013.
In order to prevent and combat trafficking of human beings, there were introduced a
number of amendments in the Criminal Code. Thus, art. 165 "Trafficking in human
beings" and art. 206 "Child Trafficking" were amended.
Art. 206 refers to the forms and purposes of child trafficking, by indicating: sexual
exploitation, commercial and non-commercial, involvement of children in
prostitution or pornography industry. In 2011 and 2012 the article was modified by
the introduction of sanctions for traffic actions a) committed by a person who has
previously committed the same actions, b) committed against two or more children,
c) committed by a person with a management position or an official of a public
office; d) committed against children who are in care, tutorship, protection,
education or treatment of the perpetrator.
In addition, by Law no. 43 from 22.03.2013 on amendment to the Criminal
Code, it was forbidden to apply the pardon, amnesty and reconciliation to the
persons who committed offenses against minors.
In order to enhance the protection of children's rights and eliminate the risks
of sexual abuse against children, by Law no. 34 of 24.05.2012 there was introduced
a new article to the Criminal Code, namely art. 104 "Chemical Castration".
Prevention and combating of trafficking in human beings continues to be a
priority for the Government of the Republic of Moldova, this is expressed through
national policies and commitments to international requirements. European and
international bodies that constantly evaluate the states efforts in anti-trafficking
domain, appreciated the progress made by the Republic of Moldova, whereas
maintaining level 2 (Tier 2) in the top of Trafficking in Persons Report by the U.S.
State Department confirms the fact that Moldova makes significant efforts to deter
THB phenomenon.
The statistics of law enforcement agencies, the number of recorded crimes
and convictions on cases of THB / TC, and of social protection institutions reflects
the activity of the respective structures, their initiative spirit, and not directly the
dynamics of the phenomenon.
The table below contains statistical indicators provided by the MIA, GP, MJ,
MLSPF and IOM, indicators expressing the situation at a certain time.
Statistics of the law enforcement agencies, MLSPF and IOM
THB/TC (art.165/art.206)
Year Registered Sent to Convicted
Persons Reprieved
People
No. of
No. of
crimes
court (per person) sentences to
serving the victims
victims
prison
sentence assisted according to
by IOM
MIA
2006 245/59
141/52
62/7
67
Missing data Missing
295
Missing
data
data
2007 245/43
150/26
52/7
51
273
No. of
victims
assisted
by SNR
41
34
CAT/C/MDA/Q/3
2008
2009
2010
2011
2012
215/31
185/21
140/21
111/24
151/20
96/12
102/11
45/10
45/14
60/5
63/5
64/4
48/5
35/2
21/10
58
43/6
31
7/1
13/9
11/1
8/1
158
159
139
98
205
131
290
84
131
132
109
189
It may be noted that in the last period, the number of registered THB crimes
increased significantly as compared to the same period of the last year. This can be
explained by strengthening proactive intervention capacities if the anti-trafficking
subjects. Thus, the numerous trainings received by persons in charge of preventing
and combating trafficking are considered a factor that influenced the increase in the
number of registered THB cases.
Below are listed some of the actions taken in this regard in 2012:
Total number of Seminars / Workshops / Trainings
Total number of beneficiaries
- Prosecutors
- Judges
- Police officers
- Members of the coordination group of the permanent Secretariat
- Pedagogues/Psychologists
- MDT members
- Doctors
- Embassies and consulates representatives
However, the leadership of the criminal prosecution authorities admits that the
investigation of THB cases would be more effective if their employees would
benefit from training in monitoring and control financial transactions or such
training often are missing at the moment. It should be noted that such trainings
should be preceded by some modifications in the Criminal Procedure Code.
The increase of number of THB/TC crimes depends on the existence of certain
factors. It is well known that a large part of the citizens, being in search of betterpaid jobs , are tempted to accept attractive offers of employment proposed by
pseudo- employers, who ultimately turn out to be traffickers. Lack of balance in the
national labour market confirms the vulnerability of rural persons or approx. 70 % of
the registered unemployed are from the rural areas and about 90% of vacancies
registered by local agencies for employment are from rural areas, but they offer
unattractive salaries ( the vulnerability of these persons mentioned in section 2.2).
According to the total number of victims assisted by IOM Moldova - 89 % had a job
before exploitation. All the victims, except for 2 cases, left the country in order to
find a job.
The legal framework is another factor that can influence the activity of the
law enforcement agencies in preventing and combating THB. In 2012 some
amendments were made to the relevant legal framework, which can be regarded as a
positive factor, such as:
- to streamline combating of THB crimes, committed outside the Republic of
Moldova, starting from the 05.04.2012 the law enforcement agencies can create joint
investigation teams;
- to enhance the protection of children's rights and eliminate the risks of sexual
abuse against children, by the Law no. 34 from 24.05.2012 in the Criminal Code
there was introduced a new article, and namely that is 1041 Chemical Castration.
30
95
1671
149
82
236
32
29
697
433
13
CAT/C/MDA/Q/3
- Another legislative initiative was adopted in Parliament (in the second reading),
which prohibits the application of amnesty or pardon for the benefit of persons who
have committed a sexual offense against minors.
However, in the view of practitioners, there counter-productive amendments
introduced that may negatively influence the activity of combating THB, such as:
Art. 1328 from the Criminal Procedure Code, which was ruled out for use by
the prosecuting authority of special investigative measures such as interception of
communications in case of committing THB related crimes (prostitution, illegal
migration).
Art. 1342 from the Criminal Procedure Code, which makes it impossible to
track the illicit income obtained by the traffickers of human beings.
A factor of vulnerability is the low levels of education / information of the
victims. According to MLSPF data (victims assisted in foster care), the largest
number of THB victims identified and assisted in 2012, has only primary or
secondary education (90%). University or college degree holders appear much less
in the profile statistical data.
The level of education, explains as well the data referring to those who committed
the THB crime, thus taking into account the information provided by the Department
of Penitentiary Institutions of MoJ, it can be noticed that out of the 107 indictees
currently serving their punishment: a person has no education, 4 have primary
education, 96 secondary education, 2 secondary professional (97%), 1 - college,
3 - university.
Moldova is a pioneer in the THB prevention by providing qualitative social
assistance to the potential THB victims. The preventive actions are visible in
particular: the geographic extent of NRS, development of MDT capacity in
identifying and assisting victims and potential victims of trafficking. The table
below confirms these statements:
NRS statistics
1
2
3
4
5
6
7
Year
2006
2007
2008
2009
2010
2011
2012
Total
THB victims
41
34
84
131
132
109
189
720
Potential THBV
19
52
203
308
328
651
1214
2775
Prevention of THB phenomenon in Moldova has acquired a mature approach

and the methods and tools of awareness and information are new and impactful.
Considerations towards the THB victim
Identification and assistance to the victims is performed by NGOs in
the NRS as well as by some NGOs outside the NRS. At the national level,
Total
60
86
287
439
460
760
1403
3495
CAT/C/MDA/Q/3
information about the number of THB victims are collected from several sources, by
official request and data handover with the signature of the head of the providing
institution. At the stage of data processing and interpretation of these data,
difficulties are encountered as the institutions cannot provide information for all
requested indicators.
Thus, all institutions responsible for data collection on victims of THB
should focus their efforts on developing a feasible solution, which ultimately could
solve this problem. As argument to the above, the table below shows the statistics
generated by these institutions
The number of identified /assisted victims in 2012
Institution
CCTP
Assistance centres
Repatriated (IOM Moldova)
Identified/assisted by IOM
Assisted in the NRS, MLSPF
adults/children
266/24 (MAI)
98/12
80 /3
189/16
169 /20
Total
290
110
83
205
189
Analysis, according to the form filled in by MLSPF, regarding the 110 victims assisted in
the Assistance Centres indicates that:
85% of THB victims are females
76% of THB victims are aged among 18 and 35
100 % of the victims are citizens of the Republic of Moldova
7 % of the victims are national minorities
72% of the victims are from rural areas
54 % of the victims are single
28% previously divorced
Such interpretations may provide support for the experts in the field in order to properly orient the
initiatives of THB prevention. The figures indicate the degree of vulnerability of the person in
front phenomenon. Therefore, it is necessary to consolidate the capacity building of the relevant
institutions in terms of qualitative completion and provision of the requested information (in order
to avoid duplication and reduce the error margin of data at the national level).
According to statistic data, the following indicators can be rendered: THB for the purpose
of sexual exploitation and THB for the purposes of labour exploitation were the most widespread
forms of exploitation, with a share of 95% divided equally between forms of exploitation (126
each). Approximately 5% of THB cases were done with the purpose of begging, and at the end of
2012 MIA was investigating a case of THB for removal of organs. It is important to mention that
98% of victims were recruited by deceit. Most victims of THB were trafficked and exploited
outside the Republic of Moldova and 4% of victims were exploited within the country. The tables
below represent the country of destination and the form of exploitation of victims of adults and
children:
Country of destination and the form of exploitation of victims (adults)
Country
Russia
13%
Turkey
32
Sexual exploitation
22%
40%
Labour exploitation
Begging
58%
CAT/C/MDA/Q/3
Cyprus
UAE
Ukraine
Italy
15%
18%
2%
56%
1%
Greece
4%
Lebanon
Spain
Moldova
1%
20%
3%
1%
11%
Country of destination and the form of exploitation of victims (minors)

Country
Sexual exploitation
Moldova
8%
Kosovo
2%
Italy
1%
UAE
1%
Russia
1%
Labour exploitation
Begging
5%
3%
Below, we present the data provided by the Minister of Education of the Republic of Moldova
on trafficking in human beings.
Prevention
An important element of the 4P paradigm is the prevention. In the ideal circumstances, the efforts
undertaken by all actors with a view to the prevention of THB crimes should generate the proper
liquidation of the phenomenon. In this respect, the disaggregation of prevention actions by
ensuring their absorption by the society and in particular by the rural communities could inhibit
THB development.
The Government attempts to reduce the victimization and discourage THB have been
manifested by the establishment of 26 prevention activities in the National Plan for 2012-2013.
The respective activities (being detailed in annex 1) have been carried out together with the
implementation partners, their result being expressed through the implementation of more than 170
events attended by about 3,600 people. Reducing the vulnerability of groups at risk was addressed
in 2 video spots, 2 movies and one performance. The association "Youth for the right to live" in the
field of children and youth protection, Balti, organized the social thematic performances in the
northern region of the country.
The Ministry of Education through the educational institutions have organized the curricular
and extra-curricular activities on prevention and combating THB or related fields, which are
reflected in the table below:
No. of events in schools, colleges
No. of beneficiaries
CAT/C/MDA/Q/3
1950 extracurricular activities

(in residential institutions)
18,000 academic hours
3,957
(general education institutions)

348 events
(vocational education and secondary
specialized education)
85,000
18,000
During 2012, in 14 higher education institutions, about 90 events on students ' awareness
of the THB phenomenon attended by more than 4,000 students were organized. Most of these
actions have been funded from the budgets of the institutions concerned.
A very important aspect of prevention was achieved through the implementation of the
NRS. A particular aim of the SNR in the Republic of Moldova is the identification and assistance
to the persons at risk - potential victims of THB. According to the SNR strategy concept, the
mentioned actions lead to the proactive prevention of THB. According to the EMD reports, in
2012, at local and rayonal level, a total number of 1,214 people potential victims of THB have
been identified and assisted. The resources under the public authorities management and available
to EMD sometimes are not sufficient to solve the particularly difficult situations, in which the
potential victims of THB often find themselves and this segment may require donor support.
Thanks to the extra-budgetary resources, it is possible to maintain the quality of these services
rendered to potential victims.
During 15 - 21 October 2012, the week of fight against THB. The designation of the
anti-trafficking week is a proof of a strengthened cooperation between the national and
international actors with a mandate to promote anti-trafficking policies in the Republic of
Moldova. In this way, at the central level, sessions of lectures for the students of the State
University of Moldova, Free International University of Moldova, were organized, and, on 19
October, in the ODEON Cinema, the movie New faces, old sufferings has been run, with the
participation of the civil society, students, and mass media. At the territorial level, the local
television stations broadcasted the video photo contest PLURAL + Moldova 2011 Migration and
Diversity, developed and carried out by the ILO.
During the same period, the volunteers of CI La Strada, under the Program Peer to
Peer, organized several seminars with the pupils in pre-university educational institutions in
Chisinau municipality and in the rayons of Causeni, Drochia, Telenesti, and Soroca, informing and
discussing with their peers about the various facets of the THB phenomenon.
The representation of the Swiss Foundation TdH in the Republic of Moldova successfully
implemented activities aimed at the prevention of child abuse, carelessness, exploitation and
trafficking in human beings during 2012, in the rayons of Ungheni, Soroca, Falesti, Chisinau
municipality and in rural communities, including in the region of the left bank of Nistru, where the
access to information is lower and the vulnerability is higher. We note that about 5,000 children
and 400 parents benefited from the psycho-social activities, having increased the awareness of the
participants with regard to child abuse, trafficking, negligence and exploitation, both in the country
and abroad.
In 2012, at the request of the MLSPF with the CNPAC support created a reflection group
consisting of children that has consulted the priorities of the draft National Strategy for the
Protection of Children and Families for 2013-2020. 24 children, including children with
disabilities, Roma children, graduates of boarding schools took part. 3 stages of consultations have
been organized, as a result of which the children have drawn up their priorities for the strategy and
submitted these to the national authorities, experts, and mass-media. The priorities have been
subject to public debate, along with the priorities developed by the expert group. During the period
19-20 November 2012, the National Children Forum was organized. The event was attended by 70
34
CAT/C/MDA/Q/3
children, members of the monitoring groups for observance of children rights from the rayons of
Orhei/Leova and reflection group members mentioned above, who were given the opportunity to
discuss with members of the CNPDC and with the Deputy Speaker of the Parliament of the
Republic of Moldova.
Punishment
Taking into account the criminal prosecution activity in the field of combating THB and
crimes related to THB, it was found that, in 2012, 440 of crimes (372 were registered in total per
country in the same period of 2011) were registered in total per country, which refer to the
following category of crimes:
Year CC Article
No. of offences
2011
2012
165
206
207
220
362/1
165
206
207
220
362/1
111
24
14
105
118
151
20
17
135
117
During 2012, the criminal prosecution related to 223 criminal cases was
finished, out of which 190 criminal cases were completed with the indictment and
transferred to the courts for consideration, and on 33 cases the criminal prosecution
had been terminated or annulled.
Out of the total number of cases sent to court, 60 criminal cases relate to THB offences; 5
of TC, 5 to illegal taking out the country of children, 82 to pimping offences; 38 to the offences
related to illegal migration organization.
Year CC Article
No. Of offences
2011
165
45
206
14
207
5
220
58
362/1
52
2012
165
206
207
220
362/1
60
5
5
82
38
By comparison of these indices of activity of the law enforcement bodies in relation to the
same period of the year 2011, an activation in the field was registered, in particular, the number of
criminal cases sent to court with regard to trafficking in human beings crimes (Article 165 of the
Criminal Code) and the pimping (Article 220 of the Criminal Code).
Having analysed the judiciary practice in the examination of criminal cases concerning
THB crimes in 2012, the following situation was established - the line courts, having pronounced
sentences regarding 117 criminal cases, condemned 146 physical persons and 3 legal persons (in
2011 - 149 physical persons and 6 legal entities). The comparative dynamics of the number of
CAT/C/MDA/Q/3
sentences handed down on conviction by the courts in 2012 and 2011 on the causes, which are
attributed to the category of THB/TC and related crimes, is illustrated in the diagram below:
Year
2011
2012
CC Article
165
206
207
220
362/1
302
No. Of offences
16
2
8
63
43
1
165
21
206
6
207
5
220
64
362/1
20
302
1
The analysed indices show an increase in this field, compared to the year 2011, this
situation reflects an intensification of the activity of combating THB in 2012.
It also established that the punishment if the form of deprivation of liberty was applied
with regard to 29 people, out of which 13 persons were convicted for THB, 9 persons for TC, 6
persons for pimping and 1 person for organizing illegal migration. In this way, an increase in the
number of THB and TC cases was registered, for which the criminals were punished by
imprisonment. At the same time, having analysed the indicators of applying the punishment with
the sentence suspended, we have to mention a decrease compared to the year 2011, which denotes
a different approach also by the courts to the punitive practice in THB/TC cases. Thus, for 70
people, imprisonment was applied with conditional suspension of the execution of the sentence, of
which: 8 persons have committed THB offences, 1 person has committed a TC offence, 4 people
have committed the offence related to the illegal taking out of children from the country, 48 people
have committed pimping offences, and 9 persons have committed the offence of organizing illegal
migration. The analysis of the statistical data mentioned above, denotes an increase of THB cases
(Article 165 of the Criminal Code) by about 36% compared to the prior period.
The fine was imposed as punishment (in the case of related offences) for 48 sentenced
persons, out of which: 1 person who has taken illegally children out of the country, 25 persons
have committed pimping offences, 1 person organized beggary, and 21 persons have organized
illegal migration.
It is important to underline the efforts of the law enforcement agencies in the fight against
THB crimes, where State officials have been involved. The actions of prevention and control over
this aspect of THB represent a priority area for the national anti-trafficking authorities, and are
carried out in accordance with the recommendations of international Reports. In this way, in
2012, the law enforcement agencies of the Republic of Moldova conducted the prosecution of 12
public people and persons in managerial positions, who have committed crimes of trafficking or in
connection therewith (see Annex 1); in respect of 7 people from this category, the criminal cases
were sent along with the the indictment to court and in one case, the prosecution has been
terminated due to the lack of crime elements, in other cases the prosecution continues.
The issuance of judgements in such cases is poor. For example, in a case previously
referred to the court, the court ordered the re-qualification of the actions from THB in
contravention and has stopped the process in connection with the expiry of the limitation period
for sanctioning the contravention. Certainly, the sentence has been challenged, but the respective
procedure does not bring any security to the prosecutors that the situation will change, so the
impact of the second element of the 4Ps decreassed - punishment on THB phenomenon and the
achievement of the objectives of reduction of the phenomenon are not feasible. It should be
mentioned that, according to the Department of Penitentiary Institutions under the Ministry of
36
CAT/C/MDA/Q/3
Justice, no person serving the punishment for committing a THB offence shall be part of any
category of those provided for in Article 123 of the Criminal Code (official). This situation should
be discouraged. That is why the recommendation, which seeks the involvement of independent
experts in monitoring the court sessions, when THB cases involving public officials are examined,
made in the national report for 2011, shall remain in force.
For the purposes of preventing and combating THB, throughout the year 2012, under
Article 17 of Law no. 235 of 20.07.2006 with regard to the basic principles of of entrepreneurial
activity regulation, the courts on the basis of decisions taken by the Licensing Chamber have
issued the following:
- 9 decisions concerning the withdrawal and 13 decisions on the suspension of the
license for the type of activity related to the employment of citizens abroad;
- a decision on the recognition of the license invalidity recognition prescription and a
prescription for the type of activity related to the citizens' employment abroad.
The ongoing development of the legal framework governing the activity of
intermediation, according to the Summer Work &Travel Programs was a necessity expressed yet in
2010, so that activity 3 (not implemented, at that time) of segment 1.2 of the National Plan for
Preventing and Combating THB for 2010-2011 gets fulfilled due to the activity of the Ministry of
Economy, which by law no. 127 of 08.06.2012 (in force since 24.08.2012) set out the conditions
for initiation, progress and termination of the activity of employment/enrolment of students in
educational and cultural exchange programs.
In view of the transboundary nature of the THB, the importance of the rogatory
commissions in criminal procedure is underlined. Thus, during the reporting period, 24 rogatory
commissions on criminal offences investigated under Articles 165, 206, 220 and 362/1 of the
Criminal Code of the Republic of Moldova were established, by 72% more than in the previous
year. Most of these, 11 were formed in cases of THB offences and 10 in organizing illegal
migration. The other 2 rogatory commissions were established on pimping offences and one
rogatory commission on TC. Of the total number of rogatory commissions, 15 were established
by foreign countries, namely: 5 by the Russian Federation, 4 by Romania and one by Austria,
Norway, the USA, Poland, Ukraine, and Slovakia. Other 9 are in under formation, namely 4 by
Ukraine, 3 by the Russian Federation, one by Slovenia and Italy. Respectively, out of foreign
countries, 8 rogatory commissions were established to investigate offences related to THB,
organizing illegal migration and pimping. Out of these, 6 ended their activities. The majority, in a
number of 3, were conducted by the Department of Combating THB within the General
Prosecutors Office and the other 3 in Briceni, Ialoveni, Buiucani prosecution offices. Other 2 are
in the process of formation within the Fight against THB Section of the General Prosecutors
Office, on offences related to THB, coming from Romania and Germany.
During 2012, 31 rogatory commissions were set up within the Ministry of Justice, out of
which 21 rogatory commission were established by the Turkish authorities (16 of them have
already finished their activities, 5 are working) and 10 rogatory commissions issued by the
Romanian authorities (closed their activity).
The rogatory commissions established by the law enforcement agencies of the Republic
of Moldova carry out their activity with difficulty; in some cases generally these do not operate.
For this purpose, it is necessary to focus on the development and consolidation of the alternative
possibilities, such as joint investigation teams. Unfortunately, when criminal acts are taking place
in the regions that are not recognized as countries by the Republic of Moldova (Northern Cyprus,
Kosovo), these instruments may not be applied by the competent national institutions. As in
previous years, in 2012, a problem constituted the criminal prosecution on the territory of the left
bank of the Nistru River, the territory not controlled by the Moldovan authorities.
Strengthening the institutional mechanism constitutes a priority objective for combating
THB. In this regard, by order of the Minister of Internal Affairs no. 276 of 14.08.2012, within the
CCTP, a Department of combating trafficking through Internet was established, which during the
process of reforming the Interior Ministry, was absorbed by the newly created entity, and namely
Centre for Combating Information Crimes of the National Investigation Inspectorate.
CAT/C/MDA/Q/3
Protection
According to the provisions of Article 20 (1) of law no. 241 of 20.10.2005 on preventing and
combating THB, the THB victims shall benefit from assistance to be granted for physical,
psychological and social rehabilitation, through specific medical, psychological, legal and social
actions. The implementation of these provisions is reflected in the NRS.
The protection of the THB victims, as a subject of analysis, will be addressed in detail in the
report on monitoring the process of the NRS implementation. The strategy is a complex system of
cooperation between various actors and requires the implementation of an appropriate mechanism
for monitoring and evaluation. This report is drawn up each year for the 4th consecutive year. The
report shall be posted on the website of the MLSPF.
Based on the legal provisions and using as reference the information provided by the line
authorities, in the tables below (1), the financial resources allocated from the State budget and
local budgets for the maintenance of the centres of assistance and protection for the THB victims
and psychosocial rehabilitation centres for victims of domestic violence; Table 2 shows the
capacity of the placement centres and the number of victims assisted in 2012:
Locality
Number of places
24
Cahul
Cueni
15
14
Bli
Cueni
Drochia
Hnceti
19
19
30
18
Budget of the territorial administrative units

Financial resource
Executed in 2012
allocated (thousand
lei)
(thousand lei)
(thousand lei)
Centres of assistance and protection for THB victims
1118,0 thousand lei planned/
Chisinau
State Budget
Executed in 2012
1117,9 thousand lei executed

449,0
427,8
Rehabilitation centres for victims of domestic violence
826,0
761,0
654,2
541,3
468,2
355,3
598,1
523,8
624,9
483,0
Number of THB victims/potential THB victims that were assisted in the centres of assistance and protection
Victims of trafficking in human beings
WOMEN
Institution
Adults
Chiinu (CAP)
70
Cahul (maternal)
3
4
Cueni (CAP)
Bli (SOTIS)
Cueni (maternal) 2
No.
38
Children
7
Potential victims of trafficking in human beings
MEN
WOMEN
Adults
Children
Adults
15
120
95
29
40
28
40
21
21
5
6
30
Children
52
MEN
Adults
Children
20
93
20
CAT/C/MDA/Q/3
Drochia (Ariadna)
Hnceti (maternal)
83
1
8
15
110
16
13
23
286
6
248
21
701
TOTAL
In order to increase the access to quality services for victims in the next period, it is necessary
to establish a mechanism for the identification of the THB victims in the social field, as well as to
secure their right to a state-guaranteed compensation for the moral and material damage suffered.
According to the Prosecutor General's Office, in 2012, about 20 civil actions have been filed by
victims of THB requesting the recovery of the material and moral damage caused by criminals.
However, according to the statements of the lawyers from the Centre for assistance and protection
of THB victims (Chisinau), few victims of THB finally manage to get any compensation from the
offenders, and the causes are multiple and complex. In this sense, the need of study the
Government's capacity to create a compensation fund for victims of THB remains acute. It will be
possible as a result of strengthening the legal framework and identifying financial resources to this
end.
The budget of MLSPF for 2012 provides for financial support in the amount of 100.0 thousand
lei for the repatriation of children and adults which, as of 31 December 2012, was executed at the
level of 59.1 percent (there being repatriated: an adult victim and eight children during the 3
repatriation missions). This amount (100.0 thousand lei) annually is to be increased gradually, and
the non-execution of the budget remains an impediment to the social protection policy.
In accordance with Article 109, paragraph (3) and Article 110 of the Criminal Procedure Code,
the Court may allow the victim to be heard without being physically present at the place where the
prosecution takes place in order to preclude re-victimization. Moreover, in 2012, in order to ensure
the security of participants in criminal proceedings whose lives, body integrity, freedom or
property are threatened, the Department for Witnesses Protection of the MIA, based on Law no.
105 of 16.05.2008, has taken a THB victim (male) under protection.
Partnership
The strategic partnership in this area, for 2012, has been strengthened by the anti-trafficking
actors by signing the agreements listed below:
- MIA, CCTP concluded 2 memoranda of cooperation with:
- CNPAC on support for children victims of sexual violence;
- Investigative Journalism Centre with reference to the public awareness concerning
the THB phenomenon;
- Other agreements, with CI La Strada and the IOM are in the process of negotiation.
On 11 May 2012, the agreement of cooperation on combating THB for the purpose of organs
or tissues removal/harvesting between the Ministry of Health and the Ministry of Internal Affairs
was concluded.
We would like to mention the Memorandum of Cooperation concluded between the MLSPF,
Ministry of Education, Ministry of Health, Rayonal Councils in Orhei and Leova, CNPAC and
CRIC on the piloting and promotion of the inter-sectoral mechanism for monitoring, prevention
and assistance for children exposed to abuse, neglect, exploitation and those at risk.
24
146
CAT/C/MDA/Q/3
A platform to strengthen the strategic partnership and the exchange of good practices remain to
be the technical coordination meetings organized by the OSCE mission to Moldova. In 2012, 10
such sessions were organized.
Another important platform to strengthen the partnership constitutes the CCODPG meetings.
In this way, during the reference period, in order to coordinate the activities of the law
enforcement agencies in combating THB, under the General Prosecutors Office, 4 meetings of the
Coordinating Council were held tackling several topics:
On 18.01.2012, the following was discussed:
- the activity of the law enforcement agencies in preventing and combating THB in 2011, the
priority directions for the year 2012;
- identifying and investigating cases of THB, that aimed at the removal of organs in 2011,
targets for 2012;
On 29.02.2012, the issue on detecting and investigating the cases of THB for the purpose of
exploitation through work in 2011, targets for 2012 was examined.
On 29.06.2012, the issue on combating the cases of THB for the purpose of exploitation
through beggary was discussed.
On 17.12.2012, the results obtained as a result of the implementation of the previous
recommendations of the Steering Committee were discussed and new priorities were established.
There is a partnership at the national level and it is under development, but at the international
level, there are some shortcomings that are related to the reduced cooperation, such as:
Lack of Moldovan embassies or consulates in the countries of destination of the victims of THB, in
particular in the Middle East;
Lack of collaboration agreements with the Russian Federation and Ukraine concerning the
identification and repatriation of the adult/child victim of THB;
Information (presented by the participants in the System)
regarding the criminal cases registered on the territory of the Republic of Moldova
during the period 2010-2013,
with female victims.
Articles of the Criminal Code

Article 159 Illegal abortion
Article 160 Illegal Performance of
surgical sterilization
Article 165 Trafficking in human
beings
Article 171 Rape
Article 172 Violent actions of a sexual
character
Article 173 Sexual harassment
Article 174 Sexual intercourse with a
person under the age of 16 years
Article 175 Perverse actions
Article 2011 Domestic violence,
(introduced by Law no. 167 of
09.07.2010, in force since 03.09.2010).
Article 206 Trafficking in children
Article 3091 Torture
(repealed by law no. 252 of 08.11.2012,
in force since 21.12.2012)
Article 1661 Torture, inhuman or
degraded treatment
40
2009
2010
2011
2012
2013
2
-
1
-
1
-
80
76
69
174
80
172
42
258
49
220
41
274
51
108
29
1
19
42
3
40
4
63
4
20
7
-
12
27
13
319
28
602
9
358
9
-
20
3
16
-
18
2
11
-
CAT/C/MDA/Q/3
During 2009 - first 6 months of 2012, the following training activities were
organized by NIJ in the field of fight against trafficking in human beings:
In 2009:
3 seminars, Trafficking in human beings and the rights of victims, participants: 12
judges, 12 prosecutors per seminar, organizers: NIJ, OSCE, and UNODC;
1 Seminar on Basic legal principles and national experiences in combating
trafficking in human beings and related crimes; participants: 10 prosecutors, 20
police officers, Organizers: NIJ, US Embassy, IOM, General Prosecutors Office,
and CCTM under Ministry of Internal Affairs.
In 2010:
2 seminars on Human trafficking, participants: 12 judges, 12 prosecutors per
seminar; Organizers: NIJ, OSCE, and UNODC;
2 seminars on combating domestic violence and trafficking in human beings,
participants: 8 judges, 8 prosecutors, 8 lawyers per seminar, Organizers: OSCE, NIJ,
and UNFPA;
In 2011:
4 seminars, The efficient implementation of Law no. 45 on combating domestic
violence the Seminar on combating domestic violence and trafficking in human
beings; participants: 8 judges, 8 prosecutors, 8 lawyers per seminar; Organizers:
OSCE, NIJ, and UNFPA;
In 2012:
1 workshop on Development of practical skills of prosecutors in the field of legal
classification of cases of THB and victim protection; Participants: 24 prosecutors;
Organizers: NIJ and IOM.
1 training course on Hearing the victim and judicial proceedings in cases of
trafficking in human beings; Participants: 10 judges, 10 prosecutors, 10 lawyers;
Organizers: NIJ and IOM.
3 Seminars on Qualification of the offence, the peculiarities of criminal
prosecution and the prosecution of cases of crimes relating to the combating and
punishing trafficking in human beings; Participants: 15 judges, 41 prosecutors, 2 of
other categories; Organizers: NIJ and OSCE.
In 2013:
1 workshop on Aspects of the investigation and the legal qualification of the
offences of trafficking in human beings; Techniques for the THB victim/witness
hearing; Participants: 27 judges, 10 prosecutors, 7 criminal investigation officers;
Organizers: NIJ and USAID/ROLISP;
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2 Seminars on Investigation of criminal cases in the field of trafficking in human

beings and pimping; Participants: 19 judges, 13 prosecutors, 4 of other categories;
Organizers: NIJ and USAID/ROLISP;
2 seminars on Protecting the vulnerable categories of litigants in criminal
proceedings. Challenges in investigating criminal offences of trafficking in human
beings. International cooperation best and standard practices relating to rogatory
commissions; Participants: 30 judges, 14 prosecutors, 12 lawyers, 3 representatives
from the CpDOM (Centre for Human Rights); Organizers: NIJ and NORLAM;
11.
Please provide statistical data on any complaints, investigations, and resulting
prosecutions and convictions, and any sentences applied relating to domestic
violence, including marital rape and abuse, during the reporting period. Please
provide information regarding any investigation into allegations made by Lidia
Mudric and Lilia Eremia, who allege that they repeatedly sought assistance
regarding domestic violence by their ex-husbands, and that the authorities of the
State party failed to react appropriately to their complaints. Additionally, in light of
the recommendations made by the Committee (para.23), the Special Rapporteur on
violence against women, its causes and consequences (A/HRC/11/6/Add.4, para.86),
and the UPR working group (A/HRC/19/18, para.73.30ff), please provide updated
information on measures taken to combat domestic violence, in particular to:15
(a) Ensure the effective implementation and monitoring of the Law on
Preventing and Combating Domestic Violence, including the allocation of adequate
budgetary and human resources. Did the State party elaborate a Plan of Action in
that regard?16
On an annual basis, in establishing the relationship between the State budget
with the budgets of administrative-territorial units, the funds for the maintenance of
psychosocial rehabilitation centres for victims of domestic violence shall be
provided. In this way, for 2009-2012, for this purpose, for all components, the
financial resources in the total amount of volume of 5,151.3 thousand lei were used.
For 2013, the amount of 2772,4 thousand lei were envisaged for the maintenance of
the psychosocial centres.
(b)
Support victims of domestic violence by establishing additional
shelters, the provision of free counselling services and such other measures for the
protection of victims;
(c)
Address impunity in this area by, inter alia, taking appropriate
preventive measures and providing training on the handling of domestic violence to
professionals involved in such cases, including police officers, prosecutors, judges
and social workers, with emphasis on the gender aspects of domestic violence.
Please elaborate on the impact of such measures;
(d)
Address the root causes of domestic violence in order to carry out
awareness campaigns on violence against women and their rights, especially in rural
areas.17
15
16
17
42
E/C.12/MDA/CO/2, para.14; A/HRC/11/6/Add.4, paras.20-29 and 86;

A/HRC/10/44/Add.3, paras.53 and 90(e); A/HRC/19/61/Add.3, para. 114; A/HRC/19/18,
paras. 73(35)-(42); concluding observations of the Committee on the Rights of the Child )
CRC/C/MDA/CO/3(, para.49(a); concluding observations of the Committee on the
Elimination of Discrimination against Women (CEDAW/C/MDA/CO/3(, para.23;
A/HRC/19/18, paras.73(30)-73(34).
A/HRC/11/6/Add.4, para.86(a).
A/HRC/19/18, para.73.33.
CAT/C/MDA/Q/3
In order to strengthen the protection and support of the family, to ensure respect for
the fundamental principles of the legislation relating to the family, equal
opportunities between men and women in achieving their human right to life without
violence, the Parliament adopted the law on prevention and combating domestic
violence no. 45-XVI of 01.03.2007.
The victims of domestic violence are protected both by Law no.45 of 01.03.2007
on preventing and combating domestic violence and criminal norms laid down in
Article 201/1 of the Criminal Code- domestic violence.
By Law no. 167 of 09 July 2010 for the modification and completion of some
legislative acts, the mechanism of implementation of Law no. 45 of 01.03.2007 on
preventing and combating domestic violence has been improved, there being
introduced a new provision in the Criminal Code, Article 201 (1), whereby the
domestic violence is described as a crime, changes were made in the criminal and
civil law.
An important component of the mechanism for the resolution of complaints
about acts of domestic violence is the procedure for requesting and obtaining the
measures for victim protection against the aggressor, the events referred to in
Articles 13-15 of Law no. 45 of 01.03.2007 on preventing and combating domestic
violence. The legislation in force allows using for this purpose both the civil
procedure and criminal procedure, in accordance with the provisions of Article
215/1 of the Criminal Procedure Code and Article 318 1-3216 of the Code of Civil
Procedure.
The protective measures shall be determined by the Court on the issue of the
release of Protection Ordinances. In this way, the protection ordinance is intended to
ensure the physical and psychological integrity of the person, in respect of whom the
danger of being affected by any of the forms of violence mentioned in Law no. 45
dominates.
By virtue of the tasks laid down in Article 124 of the Constitution of the
Republic of Moldova - to defend the legal order, fundamental human rights and
freedoms, according to the law, the Prosecutor's Office shall examine the complaints
about acts of domestic violence, mainly in terms of the provisions of the criminal
code.
Given the importance of the correct and uniform implementation of the law on
preventing and combating domestic violence, the Prosecutor Generals Office has
asked the territorial prosecutors to intensify their work to prevent and combat
domestic violence and re-establishment of the rights of victims, and in order to
ensure the control of the Prosecutor General's Office, local prosecutors offices have
been asked to generalize the activity in this area annually.
According to the study, in 2012, about 3,800 appeals were recorded (in 2011,
about 4000 appeals). After examining the complaints and appeals about domestic
violence, 2,620 administrative procedures have been started over (in 2011, about
1,500 contraventions) under Article 78 of the Code of Administrative Offences
(intentional injury to the bodily integrity) and Article 69 of the Code of
Administrative Offences (Injury).
The role and tasks of the internal affairs bodies in cases of domestic violence
are laid down in the Law on prevention and combating domestic violence and aim at
the prevention and combating of domestic violence, as well as ensuring the
protection of victims of domestic violence. Some police inspectors do not always
react adequately to the situation, often starting with administrative procedures under
Article 78 of the Code of Administrative Offences, the aggressors' actions falling
within the provisions of Article 2011 of the Criminal Code.
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The prosecutors challenge the minutes and decisions of the administrative police
inspectorates on cases of domestic violence and have examined the facts in
accordance with the provisions of Article 274 of the Code of Criminal Procedure.
In 2011, the prosecution in 449 cases of violence against family members,
according to the following categories of offences has been started:
2 causes on the basis of Article 145 of CC (deliberate murder);
1 case - on the basis of Articles 27, 145 of the CC (attempt of deliberate murder);
1 case - on the basis of Article 155 of the CC (threatening murder or severe
bodily injury or damage to health);
2 cases based on Article 166 of the CC (illegal deprivation of liberty);
2 cases based on Article 171 of the CC (Rape);
1 case - on the basis of Article 174 of the CC (sexual intercourse with a person
under 16 years);
1 case - on the basis of Article 179 of the CC (Violation of the domicile);
439 cases based on Article 2011 of the CC (Domestic violence).
Out of the number of criminal cases filed, 7 cases were joined, 310 cases were
referred to the judiciary, 4 criminal cases were transmitted to the Court with the
proposal of applying the measure of medical constraint, 41 cases are in the process
of examination, 12 cases conditionally suspended, 75 criminal prosecution cases
were terminated (27 - with the release from criminal and administrative
responsibility; 31 as a result of reconciliation, 2 - on the grounds that there is no
fact of crime, 10 - on the grounds that the act does not meet the elements of the
crime, 2 - in connection with the death of the perpetrator, 2 - on the grounds that
there is a final court decision in relation with the same charges; 1 - on the grounds
that there are other circumstances stipulated by law which makes the exclusion of
prosecution).
In 2012, the prosecutors bodies have filed 65 (in 2011 - 187) applications
concerning the use of protective measures for victims of domestic violence in
accordance with the provisions of Article 3181-3184 of the Code of Civil Procedure.
In 2012, the criminal proceedings in respect of 830 criminal cases have been
instituted (compared to 449 criminal cases in 2011) with regard to the violence and
abuse on family members as follows:
- 2 criminal cases under Article 145 of the CC (deliberate murder);
- 1 criminal case under Article 155 of the CC (threatening murder or severe bodily
injury or damage to health);
- 3 criminal cases under Article 151 of the CC (intentional severe bodily injury or
damage to health);
- 1 criminal case under Article 152 of the CC (intentional less severe bodily injury or
damage to health);
- 1 criminal case under Article 166 of the CC (illegal deprivation of freedom);
- 2 criminal cases under Article 172 of the CC (violent sexual actions);
- 2 criminal cases under Article 157 of the CC (severe or less severe bodily injury or
damage to health caused by imprudence);
- 818 criminal cases under Article 2011 of the CC (domestic violence).
Out of the total number of criminal cases referred to above, 529 were referred to the
judiciary, 8 have been sent to the courts with the proposal of applying the measure of
medical constraint, 151 are in the stage of review, 19 have been suspended
conditionally, 7 criminal prosecution cases were suspended on the grounds that the
accused had disappeared, the withdrawing them from prosecution and 116 criminal
prosecution cases have been terminated, including on non-rehabilitation grounds.
44
CAT/C/MDA/Q/3
Out of the total number of 830 criminal cases concerning domestic violence,
recorded in 2012, women have had the status of an perpetrator/defendant in 38
cases. About 55 criminals have relapsed. In 2012, children had the status of victims
or the injured party in over 90 criminal cases, compared to 28 in 2011.
On the basis of claims of victims of domestic violence, in the context of the
criminal cases brought by, the prosecutors from territorial prosecutor's offices have
submitted 33 requests to the courts (in 2011 - 40 requests) on the application of
protective measures for victims of domestic violence in accordance with the
provisions of Article 215/1 of the Code of Criminal Procedure, and for
consideration, pursuant to Article 3181-3184 of the Civil Procedure Code submitted
65 appeals, compared to 187 appeals in 2011.
He prosecutors were reminded of the need to ensure the legality of the
prosecution process in relation to the cases of domestic violence, especially since,
given the specificity of this category of crimes, arising in particular from special
relations between the parties; the victims often avoid cooperation with the
prosecution. In order to overcome such difficulties, it is necessary to organize the
prompt and effective intervention of the criminal prosecution body, which should
ensure the immediate accumulation of evidence needed, even at the time of the
referral of the case of violence. Then, coming hot on the heels, under the influence
of the aggressor's/perpetrator's actions, the people involved, especially the victim
and family members are ready to work together with the competent bodies and
really want this. People who investigated the case must use this opportunity and to
collect as many evidence as possible, using fully the technical means for identifying
and lifting the traces of the crime. Subsequently, even though the victim, including
under the influence of the aggressor/perpetrator, refuses to cooperate with the
prosecution, the evidence accumulated to finalize the prosecution and submission of
the criminal case to the court or, in the worst case, application of the conditional
suspension of the criminal prosecution and release of criminal responsibility (Article
510-512 of the CPP).
In 2012, 4 cases (in 2011 - 7 cases) of violation of the requirements of the
protection ordinances by the perpetrators were found. As a result, in relation to
them, 4 administrative procedures have been drawn up on the basis of Article 318
paragraph (1) of the Code of Administrative Offences, with subsequent submission
to the courts. On the basis of the provisions of Article 320 of the Criminal Code, in
connection with the failure to enforce the conclusion of the Court on the application
of protective measures, a single criminal case was instituted.
The central public authority empowered with functions of development and
promotion of policies to prevent and combat domestic violence and social assistance
to the victims and aggressors/perpetrators is the Ministry of Labour, Social
Protection and Family.
The Prosecutor Generals Office referred the matter to the Ministry of Labour,
Social Protection and Family, with a view to enhancing the coordination and
assistance activity of the concept of decentralized/de-concentrated structures in the
field of domestic violence prevention, organization of social workers with a view to
strengthening the capacities in the field of preventing and combating domestic
violence, as well as effective cooperation with the local public administration in the
development of infrastructure services in the field of rehabilitation and resocialization of perpetrators and victims of domestic violence.
In the context of compliance with the commitments entered into by the Republic
of Moldova in front of the international mechanisms in the field of human rights,
actions have been taken in order to ensure the prohibition of all forms of violence
CAT/C/MDA/Q/3
against children, including the use of torture or punishment or inhuman or degrading

treatment or punishment, which can occur within the juvenile justice system.
In this context, the Centre for Human Rights and Rehabilitation Centre for
Torture Victims Memoria, with the participation of the Prosecutor's Office of the
Republic of Moldova, have proposed to carry out a study on torture and illtreatment against children in the context of juvenile justice: the spread, impact,
prevention, identification of cases, providing support and reporting.
The Section of Fighting against Torture under the Prosecutor Generals Office
has been actively involved in conducting this study, which was organized with the
support of the European Union, within the framework of the joint EU/UNICEF
Project on Children protection against torture and ill-treatment in Central Asia and
Eastern Europe.
During the meeting of 29 March 2013 at the Centre for Human Rights, the main
recommendations of the study report on Torture and ill-treatment against children
in the context of juvenile justice: the spread, impact, prevention, identification of
cases, providing support and reporting were presented. During this meeting, the
prosecutors of the Section on Fight against Torture of the Prosecutor Generals
Office proposed the opinions and solutions relating to the recommendations
contained in the report of the study. It was stressed as being worthy of carrying out a
study, which will become an important tool in planning the policies for the
successful prevention of violence by initiating and supporting the needed changes,
based on the respect for the rule of law, human rights and equal opportunities for all
children to not be subject to torture or other forms of ill-treatment on the part of law
enforcement officials. The conclusions contained in the report of the study reveal an
unsatisfactory situation with regard to the identification, recording and reporting
cases of ill-treatment applied towards children. These were valued as useful
recommendations, because these are meant to help children who are victims of
torture or other forms of ill-treatment, as well as protect them not to become victims.
In the context of reform of the juvenile justice, we would like to mention that, on
25 February 2013, the Prime Deputy Prosecutor General issued Order no. 15/25, by
which it ordered the arrangement of the special rooms for hearing of child victims or
witnesses of crime in the criminal proceedings, in the premises of prosecutors
offices in Anenii Noi, Cahul, Ocnita, Orhei, Leova, and Soroca in 2012. The
working groups to assess the needs and evaluate the condition of the premises, prior
to the necessary work of renovation of premises and the endowment with furniture
and all necessary audio-video recording have been set up.
The hearing rooms for children are designed to avoid, in the process of the legal
hearing, the secondary victimization of children who have suffered abuse, in this
way contributing to the efficiency of the national referral mechanism for child
protection, based on an individual approach to each case. The objectives of the
hearing rooms are:
- to avoid confrontation between the child and the abuser, while respecting the
rights of defence of the person suspected or blamed;
- reduction of the multiple hearing;
- to avoid physical presence of the child in court;
- providing a psycho-emotional comfort to the child and his/her family throughout
the criminal process.
In accordance with the provisions of Article 8 paragraph (6) of Law no. 45 of
01.03.2007 on preventing and combating domestic violence, the police powers
include certain responsibilities related to the prevention and combating of domestic
violence, protection of victims of domestic violence and stopping violent actions of
46
CAT/C/MDA/Q/3
aggressors/perpetrators, regulation aspects and by Article 21 paragraph n) of Law

no. 320 of 27.12.2012 on the police activity and status of the policeman.
The evolution of cases appealed to police concerning the acts of domestic
violence is increasingly compared to the previous years.
In this way, over the course of 6 months of the year 2013, the Ministry of
Internal Affairs have received 3,676 (2012 3,088) appeals registered in the
Registry of other information about crimes and incidents of police territorial
inspectorates (R-2), which aimed at conflicts in family relations. Among this
information, 321 (2012 - 217) cases were recorded as a result of District Officer selfperception.
Therefore, 935 (in 2012 - 479) cases of domestic violence were examined in
the light of Article 274 of the Code of Criminal Procedure, for that fact, the
Prosecutor ordered to initiate 339 (in 2012 - 152) criminal proceedings cases, while
in other 596 (in 2012 - 327) cases, the criminal proceedings on the basis of the
constitutive elements of the composition of crime provided by Article 201 1
(domestic violence) of the criminal code were initiated.
As a preventive measure, in order to ensure the protection of victims of
domestic violence, the Ministry of Internal Affairs, this year, oversaw 223 (in 2012 229) protection orders issued by the courts.
It was found that in the case of court rulings, issued by the courts, 28 (in 2012
- 44) Ordinances have been violated, and for violation of the restrictions applied
against abusers/perpetrators, police initiated 23 (in 2012 - 38 procedures)
administrative procedures under Article 318 of the Code of Administrative Offences.
Respectively, for the intended non-execution or exclusion of the court decision, for
the purposes of repeated infringement of restrictions laid down in the Ordinances for
the protection of victims of domestic violence, 5 (in 2012 - 6) criminal cases based
on the constitutive elements of the composition of the offence provided for in Article
320 of the Criminal Code have been initiated against the abusers/perpetrators.
At the same time, the community interaction services staff has intervened
with the multidisciplinary teams in the settlement of 88 (in 2012 - 48) cases of
domestic violence, and other 24 (in 2012 - 69) cases referred to other authorities and
bodies to provide counselling services, according to the functional skills.
Additionally, the guardianship authorities were informed about 4 (in 2012 - 1) cases
of domestic violence, there being noted minor victims of domestic violence.
A main factor in preventing and combating the domestic violence is the
public awareness and information about gender-based violence, both at national and
local levels, in order to eliminate all forms of violence against women, public
awareness about the existing normative-legal framework for preventing and
combating domestic violence, protecting victims, as well as mobilization of local
and central authorities, non-governmental organizations, and the community to
participate actively in preventing and combating this scourge.
At the initiative of the Ministry of Internal Affairs, 58 (in 2012 - 13) articles
in mass-media have been published (24 - TV broadcasts, 9 - radio, 15-articles in
newspapers and magazines and 10 posts on the official websites).
Additionally, during the given period, the Ministry of Internal Affairs had
organized 37 (in 2012 - 24) seminars and round tables, where the multidisciplinary
team members made up of district officers, social workers, family doctors and local
public administration authorities, with the participation of non-governmental
organizations concerned with territorial competence in the field of reference were
trained.
The district police officers approached the issue covered in 1,470 (in 2012
1,281) lessons, conducted in the educational institutions and 2,303 (in 2012- 2,296)
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meetings with youth and with citizens, organized and carried out along with the
educational institutions, working groups and mayor-halls.
With the entry into force of Law no. 45-XVI of 01.03.2007 on preventing and
combating domestic violence, the legislation of the Republic of Moldova has been
also harmonized. In this way, according to law no. 167 of 09 July 2010, in force
since 3 September 2010, there were also changes in the Criminal Code, Code of
Criminal Procedure, Civil Code, Family Code, Law no. 320 of 27.12.2012 on the
police activity and status of the policeman, Law on Police no. 45-XVI of 01.03.2007
on preventing and combating domestic violence and other national legislative acts,
etc.
The Criminal Code was supplemented with Article 133 1 (family member),
which mentions the marital status of the subjects of domestic violence.
At the same time, the criminal legislation has been supplemented by a new
Article 2011 (domestic violence), which specifies that domestic violence is a crime
and acts of domestic violence are criminally sanctioned.
With the entry into force of these penalties, the information of police
concerning the acts of domestic violence, is not only done by the victims of
domestic violence, but also by the empowered specialists with skills in the
respective field, civil society, as well as other persons who hold information about
committing acts of domestic violence. The society acknowledges that domestic
violence is not a personal problem, but the problem of the State and the community
as a whole.
In 2013, the increase in the number of complaints relating to cases of
domestic violence recorded by the police is due to the existence of functional legal
framework and an implementation mechanism for this purpose (methodical
instructions concerning the intervention of the internal affairs bodies in preventing
and combating domestic violence cases, approved by Order no. 275 of 14.08.2012),
as well as the increase in the capacity of police officers to identify, record, highlight
and respond promptly to all complaints of victims, as well as to increase the number
of beneficiaries of training and campaigns in the area concerned.
Each subdivision of the Ministry of Internal Affairs in the Republic of
Moldova has designated a person responsible for the prevention and combat of
domestic violence. The person appointed as the head of community interaction
service shall ensure the planning of preventive activity, create a viable partnership
with the local public administration authorities and members of the community,
carry out the analysis of the causes and conditions that led to the perpetration of
domestic violence, call for the preventive measures against the physical persons
prone to committing acts of violence, ensure the nominal evidence of perpetrators,
manage the documentation regarding the issuance and monitoring the Order on
Protection, ensure the procedure for reference within the National Referral System
and civil society organizations with enhanced capabilities for prevention,
intervention measures use and the fight against domestic violence and abuse against
women.
In this context, due to the functional legal framework in this respect, the
Ministry of Internal Affairs became a pro-active and not reactive institution, based in
particular on the polices effective preventive, awareness-raising, capacity-building
activities in the fight against violence, involving members of the multidisciplinary
teams and representatives of the associative sector, as well as enhancing the
awareness of society to inform, refer and highlight any antisocial manifestation
committed between the family members.
Causes of Eremia and Mudric v Moldova
48
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Case of Lilia EREMIA

On 17.12.2010, the Prosecutor of Calarasi Rayon received the appeal no.
070/10 of 13.12.2010 on behalf of Doina Ioana Straisteanu, the victim's
representative, Eremia Lilia, who has reported the existence of the protection
ordinance, issued on 09.12.2010 by Court of Calarasi, with regard to the citizen
Eremia Lilia and her minor daughters Eremia Doina and Eremia Mariana,
simultaneously asking the Prosecutors Office opening of the criminal case against
the perpetrator, Eremia Alexandru, because he continued to manifest a violent
behaviour in relation to the victims.
On the same day (17.12.2010), the request was sent, as per the competence,
to the Police Commissariat of Calarasi for consideration and adoption of a decision
in accordance with Article 274 of the Code of Criminal Procedure.
Subsequently, the denunciation of the representative no. 079/10 of
23.12.2010 was received on 29.12.2010 by the Prosecutors Office in Calarasi, on
the fact of acts of domestic violence by Eremia Alexandru in relation to his wife
Eremia Lilia and his daughters Doina and Mariana, and was also sent, as per the
competence, on the same day, to the Police Commissariat of Calarasi, for
consideration in the context of the similar appeal mentioned above.
At the same time, the Prosecutors office in Calarasi initiated the
investigation of the circumstances evoked based on a similar intercession/request of
the victim's representative, sent to the General Prosecutors Office. The Local
Prosecutor's Office has initiated an investigation into the legality of the measures
taken by the police, on the basis of previous inquiries.
It was established that the materials submitted preliminarily to the police
were recorded accordingly in the Book no. 1 under no. 833 and provided to the
criminal investigation officer Simion Dodon, for consideration and decision in
accordance with Article 274 of the Criminal Procedure Code.
It was also established that, on 09.12.2010, the Court of Calarasi rayon sent
to Calarasi Police Commissariat the Protection Ordinance in respect to citizen
Eremia Lilia and her daughters Eremia Doina born in 1995 and Eremia Mariana
born in 1997, in order to be enforced.
On 10.12.2010, the Police Station in Clrai Rayon started a surveillance
file of that protective ordinances compliance.
In the case of surveillance of the compliance with the Protection Ordinance,
the compliance by Eremia Alexandru with the restrictions imposed by this
Ordinance, which is confirmed by the official warnings against signature, drawn up
on 12.12.2010, 14.12.2010, 19.12.2010, 21.12.2010 was verified. The checks were
made at the domicile of Eremia Alexandru.
For the purposes of verifying the factual situation with regard to the
implementation of the provisions of the Ordinance, on 10.01.2011, the citizen
Eremia Lilia was convinced and heard at Calarasi Rayonal Prosecutors Office. She
said that her husband is in the process of divorce, a period of reconciliation being
established to them. She also confirmed that in spite of the protection ordinances,
the husband comes home from time to time, because he has no place where to stay
for a long period of time, especially in winter. She, in principle, accepts the fact that
he is coming, because he does some work in the household, chop the wood, at the
same time, she confirms that she is subject to systematic aggression by her husband,
Eremia Alexandru.
On 11.01.2011, Calarasi Rayonal Prosecutor warned Eremia Alexandru about
the need to comply with the requirements of the Ordinance and avoid actions of
violence against his wife and children.
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Eremia Alexandru explains his violent behaviour towards his wife (he does
not show violence against his children), as being determined by the frequent
discussions among the inhabitants of the village Volcine on the marital infidelity of
his wife, Eremia Lilia.
Following the investigations conducted, on 17.01.2011, the criminal
proceedings no. 2011160018 was launched, pursuant to Article 2011 of the Criminal
Code, on the fact that citizen Eremia Alexandru used violent actions in respect to the
wife Eremia Lilia. At the moment, the prosecution is under way. At present, the
abuser/perpetrator is staying periodically at relatives and friends.
It is an extremely complicated situation. The seriousness is expressed in the
fact that the son strongly supports the idea that the mother is guilty for the situation,
but the daughters support mother's claims. They are in the process of divorce
initiated on 09 October 2010, by the victim.
On 28 May 2013, the European Court of Human Rights pronounced its
decision in the case of Eremia and others v. the Republic of Moldova (application
no. 3564/11).
The European Court established unanimously:
violation of Article 3 (prohibition of inhuman and degrading treatment), in
respect of Mrs. Eremia Lilia;
violation of Article 8 (right to respect for private and family life), in respect
of the two daughters of Mrs. Eremia Lilia,
violation of Article 14 (prohibition of discrimination) taken in relation to
Article 3, in respect of Mrs. Eremia Lilia.
The cause refers to the fact that the national authorities were not active
enough in order to protect the applicants against the domestic violence and the
attraction to account of the applicant's husband and father of the minor applicants.
The Court has ruled that, although the State authorities have been informed,
they have failed to take any effective action against Ms. Eremias husband and to
protect the wife against the continuation of domestic violence. The Court also ruled
that, although the applicant's daughters have suffered psychologically due to the fact
that they were witnesses of domestic violence with violent actions of their farther
against their mother, little or no action has been taken to prevent the recurrence of
such behaviour. Finally, the Court established that the attitude of the authorities
evolved by tolerating the violence, being also a discriminatory one, in relation to
Mrs. Eremia on the grounds that she is a woman.
Complaints addressed to the Court
The applicants complained to the Court, pursuant to Article 3 of the
Convention, the fact that the authorities have not been active enough in order to
protect them against domestic violence and raising the issue of perpetrators
accountability.
At the same time, they complained, under Article 14 of the Convention,
combined with Article 8 and Article 3 of the Convention, that the authorities had not
properly applied the national legislation intended to protect the victims of domestic
violence, as a result of misconceptions regarding the role of women in the family.
Finally, they complained, under Article 17 of the Convention, that the refusal
to apply the national legislation in order to protect the applicants against domestic
violence, the authorities deliberately violated the rights guaranteed by the
Convention.
The Government's position
The Government has claimed that the authorities have reacted promptly to
the applicants' complaints and have taken a number of measures in order to protect
them from the risk of domestic violence and the prevention of future similar cases.
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CAT/C/MDA/Q/3
In this sense, the two protection ordinances were issued, a criminal case
against the aggressor/perpetrator was initiated, which ended with finding him guilty,
expressing heartfelt repentance for those acts and conditional suspension of criminal
prosecution with the possibility of subsequent liberation of punishment in case of
compliance with the obligations imposed, including refraining from committing new
crimes or offences.
Appreciation of the Court
Article 3
The Court established the violations of Article 3 of the Convention in
respect of the appeal premium. The Court noted that, on 9 December 2010, the
national courts decided that the situation was serious enough to issue a protection
ordinance in respect of the claimant Eremia. In addition to that, it established that
fear of future aggression were serious enough to cause suffering and anxiety
reaching a minimum ceiling of inhumane treatments needed to engage the
applicability of Article 3 of the Convention.
In particular, the Court noted that the positive obligations under Article 3
shall include, on the one hand, the development of legal provisions in order to
prevent and punish the ill-treatment by private persons, and on the other hand, when
the authorities are unaware of an imminent danger of the application of ill-treatment
on the part of a person identified or if ill-treatment have already taken place, it is
necessary to apply the appropriate provisions effective in practice, thus providing
the real protection for victims and punishing the persons responsible.
The Court noted the existence of a national normative framework and
criminal sanctions for committing acts of violence against members of his own
family. Furthermore, the national legislation provides for protective measures for
victims of domestic violence and the penalties for people who fail to comply with
court decisions.
Further, the Court stated that the authorities were aware of his violent
behaviour of Eremia that became even more apparent after the adoption of the
Ordinance of 09 December 2010. In particular, despite the explicit provisions of the
Ordinance of 19 December 2010, Mr. Eremia returned at the claimant' house,
violating thus the protection ordinance. Although the Government argued that this
happened with the agreement of the first claimant, the evidence in this regard were
not presented. It is obvious that the first claimant complained to the authorities about
the violation of the Ordinance immediately, through her assault and entering the
house without her consent.
Although the authorities didn't react fast enough, the Court noted that the
authorities had not remained passive in its entirety since Eremia was fined and
received a formal warning. However, none of the measures has been effective and
despite the repeated violations of the Ordinance on the part of Eremia, the latter
continued to work in the position of police officer, without having taken any
measure to ensure the safety of the claimants. The absence of any decisive action on
the part of the authorities is even more frustrating, considering the fact that Eremia
was a police officer, whose professional requirements included the protection of the
rights of others, crime prevention and the protection of the rule of law.
Finally, the Court found quite confused that the Prosecutor had found that
Eremia did not present a danger to society and, at the same time, did not understand
why the criminal proceedings against him were conditionally suspended. However,
the courts have extended the Protection Ordinance on the grounds that he has put at
eminent risk the first claimant. Accordingly, the suspension had the effect of
exemption from criminal liability of Eremia, but not preventing committing other
acts of violence.
CAT/C/MDA/Q/3
Therefore, the Court concluded that the failure of authorities to take effective
steps against Alexandru Eremia, although he presented a danger, constituted a
violation of Article 3 of the Convention as regards the complaints of Mrs. Eremia.
Article 8
Although the first claimant and her daughters complained about the
violations of their rights under Article 3 of the Convention, the Court has decided to
examine the complaint under Article 8.
First of all, the Court noted that the domestic courts have itself recognized
that the first claimants daughters were affected psychologically by the repeated
violence against their mother, thus constituting an interference with the rights
guaranteed by Article 8 of the Convention.
Secondly, the authorities were aware of the fact of interference, but did not
take any measures to prevent them. The Court noted that by order of 09 December
2010 it was prohibited for him to contact, insult or ill-treat not only Mrs. Eremia, but
also his children. Mrs. Eremia asked for the daughters to be recognized officially as
victims of domestic violence, from the prospect of criminal prosecution against
Eremia.
Finally, the claimants complained that, during a visit to the house where they
lived, Alexandru Eremia not only assaulted his wife, but also verbally abused one of
the daughters.
Accordingly, the authorities were aware about the violations by Eremia of the
Protection Ordinance and about his behaviour with regard to the claimant and the
effects on children. However, the actions on prevention of this behaviour have been
insufficient or missing entirely. On the contrary, in spite of serious abuses in 2011,
Eremia was released from any criminal responsibility. A violation of Article 8 of the
Convention was established.
Article 14 in conjunction with Article 3
Thus, the Court established, unanimously, the violation of Article 14 of the
Convention, combined with Article 3, reiterating that the Government's failure to
address the issue of violence has prompted its recurrence, which was reflected in a
discriminatory attitude on Mrs. Eremia on the grounds of gender inequality.
In this case, Ms. Eremia has been subject to repeated violence from her
husband, although authorities were already aware of this situation. However, the
authorities refused to rule on the divorce, as the claimant requested. She claimed to
have been pressured by the police to withdraw its complaints. Still, authorities have
acknowledged that they have complied with the protection Ordinance until 15
March 2011, due to a clerical error. Additionally, it is claimed that the
representatives of the authorities insulted Mrs. Eremia, suggesting her the
reconciliation and telling her that she is not the first nor the last woman who is
beaten by husband. Finally, although Mr. Eremia admitted that he had beaten his
wife; the prosecution against him was suspended, being exonerated of any liability.
Granting equitable gratification
In accordance with Article 41 of the Convention, taking into account the
circumstances of the case, the Court decided to grant the claimants the amount of
15,000 Euros in non-pecuniary damage and 2,500 Euros in costs and expenses.
Case of Lidia MUDRIC
The abuser/perpetrator, Alexei Mudric, has been under special supervision at
the psychiatrist since 1987. During the years of supervision at the psychiatrist of
52
CAT/C/MDA/Q/3
Ocnita Rayon, Alexei Mudric was hospitalized several times in the psychiatric
hospitals in Frunze town and Balti town.
At the request of the former wife, Lidia Mudric, on 09.06.2010, Ocnita
prosecutors office filed the criminal procedure no. 2010260137, pursuant to Article
179 paragraph (1) of the Criminal Code, due to the fact of violation by Alexei
Mudric of his residence place.
On 24.06.2010, L. Mudric has been recognized as an injured party and heard
in this quality. The preventive measure has been applied in relation to A. Mudric in
order not to leave the locality.
On 22.06.2010, Ocnita Rayon Court, issued a protection ordinance by which
Alexei Mudric, who resided in the village of Lipnic, Ocnia, was forced not to
commit acts of violence against Lidia Mudric, not to threaten and curse and to leave
the house of the latter immediately. The protective measures were established for a
period of 30 days. On 23.07.2010, the period of protection measures has been
extended for another 90 days.
Ocnita Rayonal prosecutors office found out about the violation of the
protection ordinance, which was put in charge of the District Inspector Ion Punga,
later, and called the Police Station to ensure the enforcement of the provisions of the
Ordinance, for the purpose of defending the constitutional rights of the citizen
Lidia Mudric. It should be noted that once the criminal case was opened, no
complaints have been received by the Prosecutor's Office from Lidia Mudric.
On 16.08.2010, the criminal case no. 2010260231, pursuant to Article 320
paragraph (1) of the Criminal Code was started based on the fact of failure to
comply with the protection Ordinance by Alexei Mudric. During the prosecution, it
was found that citizen Mudric Alexei has penetrated into the home of the former
wife Mudric Lidia because his stove is broken and not to die because of low
temperatures. The protection ordinances issued by the District Court of Ocnita
Rayon of 23.07.2010 and 16.12.2010 have been brought to the attention of the
citizen Mudric Alexei, but he does not support nor wants to sign them, which is
confirmed by the witnesses, neighbours and social assistant.
The mayor of the village of Lipnic, V. S. Lupulciuc and M Dub, social
assistant explained that the locality lacks living premises to give to the citizen A.
Mudric housing apart from former wife.
They have two daughters who rarely visit the parents. However, a period of
time, the citizen Alexei Mudric was hospitalized in the hospital of Ocnita town.
The criminal cases no. 2010260137 and no. 2010260231 were joined into a
single procedure - no. 2010260137. During the prosecution, the citizen A. Mudric
several times was hospitalized in the hospitals of Chisinau municipality, for these
reasons, the prosecution took a long time.
According to the report of the forensic psychiatric expertise of 26.08.2010,
Alexey Mudric suffers from chronic mental illness in the form of paranoid
schizophrenia, being recognized as IRRESPONSIBLE. The coercive treatment in
psychiatric hospital with ordinary regime was recommended to him.
On 07.10.2010, Alexei Mudric was put under accusation for committing the
offences referred to in Article 179, paragraph (1) and Article 320 paragraph (1) of
the Criminal Code, on the same date, the case file was sent to Ocnita District Court
with the Ordinance on applying to him the coercive medical measures.
On 01.11.2010, Ocnita District Court (judge - Eugeniu Bejenaru) has ordered
the examination of the above mentioned criminal case. Due to the no-show both of
the injured party Lidia Mudric and Alexei Mudric, the case examination was
postponed to 03.12.2010.
CAT/C/MDA/Q/3
During the court hearing of 03.12.2010 (to which all participants at the trial
were present), the judge E. Bejenaru has refrained from examining the criminal case
in respect of Alexei Mudric, for personal reasons.
By the Ocnita Rayonal Court sentence of 04 January 2011, Alexei Mudric
was recognized as guilty of committing the offences under Article 179, paragraph
(1) of the Criminal Code, the extent of medical constraint being applied to him
his hospitalization in psychiatric hospital with ordinary regime, and the criminal
procedure under Article 320, paragraph (1) of the Criminal Code, has been
terminated pursuant to Article 391, paragraph (1) sub-paragraph 6) of the Code of
Criminal Procedure.
On 24.01.2011, for the enforcement of the sentence of 04.01.2011, Alexei
Mudric, was escorted by the operative head of sector of the village of Lipnic, Mr.
Vahnovan, to the psychiatric hospital in Balti municipality.
On 16.07.2013, the European Court of Human Rights pronounced its
decision in the case of Mudric v the Republic of Moldova.
In the case of Mudric v. the Republic of Moldova, the claimant, Lidia Mudric,
invoked before the Court the violation of Article 3 of the Convention, as a result of
the fact that the national authorities have tolerated the ill-treatment to which she was
subjected to in her own home, having failed to take all necessary measures to
enforce the positive obligations to protect her against the violence from the former
spouse, A.M., as well as to draw on the criminal liability the person responsible for
the application of violence.
In this case, the Court ruled that the claimant had obtained the forensic
samples that she was beaten by A.M., moreover, that the police, as well as the courts
have determined that A.M. assaulted her also on other occasions. In addition to that,
the Court found that the fear of not being subjected to physical violence by A.M. in
light of the attacks in the past, it was serious enough to cause anxiety and suffering
and constitutes a violation of Article 3 of the Convention.
At the same time, the Court found that the manner in which the national
authorities have investigated the cause, especially the unexplained delay of the
procedures for the enforcement of the protection ordinances issued against A.M., as
well as his hospitalization for coercive medical treatment constituted a violation of
the State's positive obligations under Article 3 of the Convention.
In addition to that, the claimant complained under Article 14 of the
Convention in conjunction with Articles 3 and 8 of the Convention, that the national
authorities have failed to apply the corresponding national legislation aimed at
protecting the victims of domestic violence, as a result of the misconceptions
regarding the role of women in the family.
In this respect, the Court stated that the claimant was subjected to physical
violence on numerous occasions about which the national authorities were aware.
Furthermore, in spite of the legal provisions, which allow the authorities to initiate
the criminal proceedings against A.M. and thus refer him for psychiatric
examination in order to identify the need to apply procedural measures of coercive
medications, the national procedures lasted for 1 year. In this way, according to the
Court's opinion, the examination by the conjunction of these factors mentioned
above confirm that the actions of the authorities have not been just a simple
omission, but also raises the problem of applying the repeated violence by A.M. that
was reflected in a discriminatory attitude towards the complainant on the grounds of
gender inequality. Therefore, the Court established violations of Article 14 in
conjunction with Article 3 of the Convention and, at the same time, has decided that
it is not necessary to examine separately the claims under Article 14 in conjunction
with Article 8 of the Convention.
54
CAT/C/MDA/Q/3
The claimant also complained, under Article 17 of the Convention, that the
failure of the authorities to curb the violent behaviour of A.M. that due to his mental
illness allowed him to violate the claimant's rights without being punished
constituted an effective infringement of the rights guaranteed by the Convention.
The Court considered that this complaint is unfounded and must be rejected as being
ungrounded in accordance with Article 35, paragraph 3 and 4 of the Convention.
In this way, the Court found in this case, in unanimity, the violation of Article
3 of the Convention and Article 14 combined with Article 3 of the Convention ,
considering that it is not necessary to examine separately the claimant's complaint
under Article 14 in conjunction with
Article 8 of the Convention.
As regards the payment of equitable remedy in accordance with Article 41 of
the Convention, taking into account the circumstances of the case, the Court decided
to grant the claimant the amount of EUR 15,000, by way of non-pecuniary damage
and EUR 2,500 as costs and expenses.
With regard to the cases condemned by the European Court of Human
Rights, the Government agent convened the extraordinary meeting, with the
participation of the central authorities responsible for preventing and combating
domestic violence.
Proceeding from the provisions of the decisions of the European Court of
Human Rights, as well as of deficiencies admitted by the authorities, the
development of a Concept at the country level shall follow. The governmental agent
will submit the proposals to the central public authorities regarding the actions
oriented to the eradication of the domestic violence phenomenon, empowering the
decision makers to avoid any future similar irregularities, just compliance with the
provisions of legislation on preventing and combating domestic violence, protecting
victims in accordance with the legislation in force, as well as the adjustment of the
legislative and regulatory framework to the European levels in the field of human
rights protection, prevention and combating violence against women and domestic
violence.
12.
While acknowledging the State partys information that its inability to
exercise effective control over the territory of Transnistria continues to impede the
implementation of the Convention in that region, please indicate measures that the
State party is taking or has taken to ensure full respect for the Convention in
Transnistria, including on urgent appeals transmitted to it by the Special Rapporteur
on Torture (A/HRC/16/52/Add.1, paras. 175 and 176).
Article 3
13.
Please provide information on the measures taken to fulfil all obligations
under article 3 of the Convention, in particular to consider all elements of an
individual case, and provide, in practice, all procedural guarantees to the person
expelled, returned or extradited. Has article 3 been directly applied in cases of
expulsion or return of foreigners? Is there any training of judges or border guards, or
other law enforcement personnel on the absolute nature of non-refoulement of
article 3 as well as on the non-derogability of the prohibition of torture and illtreatment?
During 2009-2012, the following training activities organized by the NIJ in
combating domestic violence have been carried out:
In 2009:
CAT/C/MDA/Q/3
2 seminars on Aspects of Implementing Law no. 45 on preventing and combating

domestic violence: Participants: total - 56, judges, prosecutors, lawyers;
Organizers: NIJ, ABA/ROLI, and USAID;
In 2010:
4 seminars on Combating domestic violence and trafficking in human beings;
Participants: 8 judges, 8 prosecutors, 8 lawyers per seminar; Organizers: OSCE, NIJ,
and UNFPA;
4 seminars on Aspects of implementation of Law no. 45 on preventing and
combating domestic violence; Participants: 8 judges, 8 prosecutors, 8 lawyers per
seminars; Organizers: OSCE, NIJ, and UNFPA;
In 2011:
2 seminars on Aspects of implementation of Law no. 45 on preventing and
combating domestic violence; Participants: 8 judges, 8 prosecutors, 8 lawyers per
seminars; Organizers: OSCE, NIJ, and UNFPA;
2 seminars on Efficient implementation of Law no. 45 on combating domestic
violence, and Seminar on combating domestic violence and trafficking in human
beings; Participants: 8 judges, 8 prosecutors, 8 lawyers per seminar; Organizers:
OSCE, NIJ, and UNFPA;
In 2012:
2 seminars on Law enforcement in cases of domestic violence; Participants: 37
judges, 28 prosecutors; Organizers: NIJ;
In 2013:
3 seminars on Investigation of criminal cases concerning crimes of domestic
violence; Participants: 31 judges, 30 public prosecutors; Organizers: NIJ and OSCE
14.
Please provide statistics by region of the country and disaggregated by age,
sex, and country of origin of the asylum seeking population, on:
(a)
The number of asylum applications registered;
(b)
The number of applicants in detention;
(c)
The number of applicants whose application for asylum was accepted;
(d)
The number of applicants whose application for asylum was accepted
on grounds that they faced a risk of torture if returned to their country of origin;
(e)
1.
The number of asylum applications registered:
Country of origin 2009

AFGANISTAN
10
ARMENIA
3
EGYPT
ANGOLA
AZERBAIDJAN
BANGLADESH
BURKINA FASO
BELARUS
56
The number of cases of refoulement or expulsion.
2010
9
23
2011
1
7
3
2
1
2012
17
12
7
1
1
10
I sem. 2013
1
1
CAT/C/MDA/Q/3
KAMERUN
CONGO
DEMOCRATIC
REPUBLIC
CONGO
CYPRUS
ERITREA
GEORGIA
GHANA
COTE D`IVOIRE
INDIA
IRAN
IRAK
INS
KAZAHSTAN
KIRGHIZSTAN
KUWEIT
MACEDONIA
MEXIC
MYANMAR
LEBAN
SRI LANKA
MALI
NEPAL
NIGERIA
JORDAN
PAKISTAN
POLAND
GAZA
ROMNIA
RUSSIA
SOMALIA
SPAIN
SUDAN
SYRIA
TURKMENISTAN
TADJIKISTAN
TUNIS
TURKEY
UKRAIN
USA
UZBEKISTAN
YEMEN
Total Number
No. of Women
3
2
1
1
1
3
6
1
7
3
1
3
6
2
5
1
3
1
3
2
5
1
1
3
1
10
1
1
1
1
1
2
2
1
1
1
3
1
4
1
1
8
13
2
73
32
2
4
1
1
4
3
1
1
1
1
48
21
1
2
2
8
1
2
2
1
2
14
6
1
5
1
3
1
4
1
1
3
90
22
72
16
177
40
66
10
1
1
CAT/C/MDA/Q/3
2.
The number of claimants who are in detention (appeals for asylum lodged within the
Centre for Temporary Placement of Foreigners):
2009 13 (including 4 minors);

2010 20;
2011 11;
2012 28 (including 5 minors);
I semester of 2013 0.
3. Number of claimants who have been granted some form of protection on the territory of
the Republic of Moldova:
Country of origin 2009
AFGANISTAN
2
ARMENIA
3
EGYPT
AZERBAIDJAN
1
DEMOCRATIC
REPUBLIC
OF
CONGO
GEORGIA
1
IRAN
IRAK
KAZAHSTAN
KIRGHIZSTAN
NEPAL
1
NIGERIA
JORDAN
PAKISTAN
3
GAZA
1
SUDAN
SYRIA
TURKMENISTAN
TADJIKISTAN
UZBEKISTAN
2010
7
6
1
1
Total number
No. of women
26
10
23
6
12
3
2011
8
1
2012
6
7
1
1
I sem. 2013
4
1
1
1
45
45
64
19
53
13
4
2
1
3
1
4. The number of claimants whose asylum applications have been accepted for reasons of
dealing with the risk of being subjected to torture in case of return to their country of origin.
The number of persons who have been granted humanitarian protection on the territory of
the Republic of Moldova
Country of origin
AFGANISTAN
ARMENIA
AZERBAIDJAN
DEMOCRATIC
58
2009
2
3
1
2010
7
5
1
2011
8
1
1
2012
6
7
I sem. 2013
4
CAT/C/MDA/Q/3
REPUBLIC
OF
CONGO
GEORGIA
1
IRAK
KAZAHSTAN
KIRGHIZSTAN
NEPAL
1
PAKISTAN
3
GAZA
1
SUDAN
SYRIA
TURKMENISTAN
TADJIKISTAN
UZBEKISTAN
Total Number
No. of women
12
3
3
1
7
4
2
1
1
33
40
47
14
44
11
1
1
1
1
25
10
20
6
Note:
1.
The humanitarian protection is granted to a foreigner who does not fulfil the
conditions for the recognition of a refugee status and in respect of whom there are reasons to
believe that upon his/her return to the country of origin, he/she will be subject to a serious risk, and
due to this risk he/she cannot or does not wish to seek the protection of that country.
2.
Serious risk:
a) the existence of a capital punishment convictions or the existence of a threat of
execution;
b) Torture or inhuman or degrading treatments or punishments applied towards the
applicant in his/her country of origin;
c) serious and individual threat to the life or bodily integrity of a civilian because of
widespread violence in situations of international or internal armed conflict.
3.
The number of cases of expulsion or return of the asylum seekers.
In the period 2009- first semester of 2013, no case of return or expulsion of asylum seekers
from the territory of the Republic of Moldova had been registered.
15.
Has the State party relied on diplomatic assurances? Please provide detailed
information on what the State party's requirements are for such assurances and
whether there are post-return monitoring mechanisms. Also, please provide
information on all cases where diplomatic assurances have been provided since the
consideration of the previous report. Has the State party signed any regional or
bilateral agreements related to the return of asylum seekers?
Articles 5, 6 and 7
16.
Since the consideration of the previous report, please indicate whether the
State party has rejected, for any reason, any request for extradition by another State
of an individual suspected of having committed an offence of torture, and has started
prosecution proceedings as a result. If so, please provide information on the status
and outcome of such proceedings.18
18
CAT/C/MDA/Q/2/Add.1, para.230.
CAT/C/MDA/Q/3
17.
Please provide information on whether the State partys domestic legislation
establishing universal jurisdiction applies to the offences referred to in article 4 of
the Convention.19 What measures have been taken to ensure that acts of torture are
considered universal crimes? Please update the Committee on any progress made
during the reporting period in ensuring full respect for the Convention in all territory
under its jurisdiction.
Article 10
18.
In light of the Committees previous recommendations (para.17), please
provide updated information on the instruction and training provided for medical
and law enforcement personnel, judicial officials and other persons involved with
custody, interrogation or treatment of persons under State or official control on
matters related to the prohibition of torture and ill-treatment. 20 Please specify who
conducts and who undergoes the training, if the Convention is made known in the
course of such programmes, and how the State party evaluates the effectiveness and
impact of the programmes. Furthermore, please elaborate on:
(a)
Training of professionals involved in the investigation and
documentation of torture, especially medical personnel such as forensic doctors, on
the Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment and Punishment (Istanbul Protocol). Is the
Istanbul Protocol applied in practice? If so, how?
During 2009-2013, the following training activities have been organized by the NIJ
in the field of human rights protection:
In 2009:
2 Seminars on Article 9 of the European Convention for the protection of human
rights and fundamental freedoms guaranteeing the freedom of thought, conscience
and religion; Participants: (24 judges and 24 public prosecutors); Organizers: NIJ,
MJ, and Council of Europe;
3 training courses on European Convention for human rights protection and the
case-law of the ECHR; Participants: (36 judges, 36 public prosecutors), Organizers:
NIJ, ABA ROLI, and USAID.
In 2010:
2 seminars on Freedom of expression and access to information. Article 10
ECHR; Participants: 50 judges; NIJ and the joint programme organizers;
3 Seminars on Practical use of ECHR judgements at the national level:
Participants: 60 judges and the courts of appeal; Organizers: NIJ and NORLAM;
1 Seminar on The ECHR Standards (Article 3 ECHR); Participants: (12 judges
and 12 prosecutors); Organizers: NIJ and ERA Luxembourg;
19
20
60
Ibid., para.229.
A/HRC/10/44/Add.3, para.90(c) and (h); CCPR/C/MDA/Q/3, para.7; concluding
observations of the Committee on the Elimination of Racial Discrimination
(CERD/C/MDA/CO/8-9), para.11.
CAT/C/MDA/Q/3
1 Seminar on The ECHR Standards (Article 9, 10, 11, 14): Participants: (12
judges and 12 prosecutors); Organizers: NIJ and ERA Luxembourg.
In 2011:
20 seminars on ECHR and CPT Standards for combating impunity and illtreatment. The use of alternatives to detention; Participants: 458 (judges and
prosecutors).
7 seminars on practical use of ECHR judgements at the national level;
Participants: 125 (judges and prosecutors).
3 seminars on The European Court of Human Rights. Article 6, 8, Article 1,
Protocol 1; 54 participants (judges and prosecutors);
In 2013:
4 seminars: The jurisprudence of the ECHR. Civil and criminal matters. The cases
vs Moldova; Total attendees - 74: 45 judges, 29 public prosecutors; Organizers: NIJ
and USAID ROLISP,
2 seminars: The European Court of Human Rights and legal method according to
the legal precedent tradition; attendees - 42 judges; Organizers: NIJ and NORLAM;
2 seminars: National and International Standards in the field of anti-discrimination.
National and ECHR jurisprudence; total number of participants - 54: 28 judges, 26
prosecutors; Organizers: NIJ and OHCHR;
4 seminars: Hearing of child victims - witnesses to abuse/sexual exploitation;
Total number of participants - 56: 20 judges, 20 public prosecutors, 16
psychologists; Organizers: NIJ, USAID, ROLISP, LA STRADA, and the OSCE.
3 seminars: Problems of passing the THB crimes and the techniques of hearing the
THB victims - witnesses; Total number of participants - 76: 46 judges, 23 public
prosecutors, 7 officers u. p.; The organizers: NIJ, USAID/ ROLISP, and OSCE,
1seminar: Uniform procedure for investigating the cases of human rights violations
in Transnistria; total number of participants - 12: 6 judges, 6: prosecutors,
Organizers: NIJ and PROMO LEX;
1 seminar: Ensuring the respect for human rights during meetings, total number of
participants - 24: 5 judges, 13 prosecutors, 6 police officers; Organizers: NIJ and
PROMO LEX;
2 seminars: Protecting the vulnerable litigants in criminal proceedings. Challenges
in investigating the criminal offences of trafficking in human beings. International
cooperation best practice and standards relating to the rogatory commission; total
number of participants - 58: 30 judges, 14 prosecutors, 11 lawyers, 3 representatives
of CpDOM (Centre for Human Rights); Organizers: NIJ and NORLAM;
1 seminar Human rights under the Aarhus Convention, total number of
participants - 23: 15 judges, 8 prosecutors; Organizers: NIJ
CAT/C/MDA/Q/3
3 seminars: Peculiarities of the implementation of the new mechanism of reparation

by the State of damage caused by the violation of the right to examination of court
judgements within a reasonable time-frame or right to implement the court
judgement within a reasonable time-frame, total number of participants - 103: 54
judges, 34 prosecutors, 15 officers of the court; Organizers: NIJ, USAID and
ROLISP,
4 seminars: Application of procedural coercive measures and preventive
measures, total number of participants - 90: 48 judges, 42 prosecutors; Organizers:
NIJ, USAID and ROLISP,
2 seminars: Investigating the criminal cases concerning crimes of domestic
violence, total number of participants - 46: 29 judges, 17 prosecutors, Organizers:
OSCE, and INJ
1 seminar: Ensuring the respect for human rights during meetings, total number of
attendees - 24: 5 judges, 13 prosecutors, 6 police officers, Organizers: NIJ and
PROMO LEX
3 seminars: Establishing the domicile of children after divorce. Criteria for
assessing the best interests of the minor with the parents residing abroad. Forfeiture
of parental rights. Legal status of adoption, total number of participants - 94: 62
judges, 32 prosecutors; Organizers: NIJ, USAID, and ROLISP;
3 seminars: Ensuring the respect for human rights in the process of applying the
arrest; total number of participants - 41: 24 judges, 17 prosecutors; Organizers: NIJ
and SOROS Foundation-Moldova.
In 2010:
At the initiative of the Centre for Human Rights of the Republic of Moldova, the
representatives of the Division of Combating Torture of the General Prosecutor's
Office have participated in the Working Meeting on The phenomenon of torture
and ill-treatment in the attention of public authorities organized in Cahul town.
The meeting was attended by the representatives of the ombudsmen,
representatives of the local public administration authorities in rayons from the
South of the country, representatives of the penitentiary institutions of the Republic
of Moldova, representatives of the Border Police Service, employees of the rayonal
Prosecutors offices and Police Inspectorates in the southern region of the Republic
of Moldova and others.
The participants were informed about the measures undertaken by the General
Prosecutor's Office for the prevention of torture phenomenon in the Republic of
Moldova and the specifics of the investigation of such cases.
During 8-13 August 2010, the representatives of the Prosecutor General's Office
participated in a workshop on the roadmap of the Police Reform.
This workshop was attended by the researchers from all fields of activity of the
Ministry of Internal Affairs, representatives of the Prosecutor Generals Office,
CNA, SCJ, Parliament and NGOs.
During the workshop, a number of reforms to be implemented in the activity of
the Ministry of Internal Affairs, as well as the need for its reform were discussed and
revealed. In fact, the results of this study and the workshop are the basis of changes
in the legislative framework, which follows to be amended.
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At the initiative of the officials of the Ministry of Internal Affairs, the

representatives of the Torture Combating Section of the General Prosecutors Office
have participated in 3 regional workshops (North, Centre and South) where, together
with the representatives of the Institute for Penal Reform, Criminal Investigation
Department, the officers have been trained in prevention, non-admission and nontolerance of the cases of torture and ill-treatment by the subordinates of the seminar
participants, reactionary methods in such cases, undertaking measures to ensure
detainees with immediate legal assistance and medical care, the jurisprudence and
the practice of the ECHR, etc.
Additionally, the Prosecutor General's Office in conjunction with Ombudsmen
and representatives of the DIP attended a working meeting of the continuous training
of all heads of the pre-trial detention institutions in the Republic of Moldova.
The employees of the detention institutions have been trained regarding the
behaviour, actions and measures to be taken by them and their subordinated staff in
all cases, when people are brought to the detention institutions, in particular,
mandatory examination by a doctor, medical assistant, or another person with
medical training.
In 2011:
In 2011, the prosecutors of the Torture Combating Section of the Prosecutor
General's Office, being previously trained by the Council of Europe experts have
participated as trainers at the cascade seminars entitled Human Rights and the
Standards of the European Committee for the Prevention of Torture (CPT) on
combating the ill-treatment and impunity, held at the National Institute of Justice,
when over 300 judges and 400 prosecutors were trained, events that have been
completed as of 31.05.2011.
During these seminars, we were mentioning the effects of theoretical training
courses, and the fact that groups of trainees, according to the recommendations of
the European experts were mixed, formed both from prosecutors and judges.
At each seminar, the audiences were very active, participants had the
opportunity to address their questions to each other and work in small groups, where
they have settled practical cases with exposure of a methodical and solutions from
different positions of the actors participating in the realization of justice.
At the initiative of the management of the Torture Combating Section of
Prosecutor Generals office, under the Project on torture prevention, supported by
the UNDP, with the support of the Institute for Penal Reform and the National
Institute of Justice, during 10-11.02. 2011, 24-25.02.2011 and 03-04.03.2011, all the
staff of prosecutors of the territorial and specialized prosecution offices,
appointed responsible for examining cases of torture and ill-treatment in a
number of 72 prosecutors have been trained within the framework of a continuous
training course on prevention and combating torture and other ill-treatment by the
national experts in the field.
During these seminars, the prosecutors were made aware about the provisions
of the national legislation in comparison to the provisions of the relevant
international legislation (UN Convention against torture and other punishments or
cruel, inhuman or degrading treatment, the European Convention for the prevention
of torture and inhuman or degrading treatment or punishment, the European
Convention for the protection of human rights and fundamental freedoms), the caselaw of the ECHR, the methods and tactics for the investigation of cases of torture
and ill-treatment, the investigation and documentation of torture and ill-treatments,
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medical investigation and documentation of torture, inhuman and degrading

treatments, evidence of physical and psychological consequences of torture.
The necessary information support was provided to all prosecutors, including
specialized literature, departmental acts, other monographs, as the Istanbul Protocol,
the CPT country report for 2009, Guideline of the European Standards on the
efficient investigation of ill-treatment, the CPT Eric Svanidze expert brochure on
combating ill-treatment and impunity from the point of view of observing the rights
of detainees, etc.
During the collaboration established previously with the Ministry of Internal
Affairs, the prosecutors, representatives of the Torture Combating Section of the
General Prosecutor's Office participated on 23.02.2011 in the working meeting,
where all medical assistants from the pre-trial detention institutions within the
rayonal police inspectorates were trained.
The existing problems, the active role they have to play in each separate case
of detecting corporal injuries to detainees or when being informed by these people
about the abuse or mistreatment, improper detention conditions were presented to
them.
This meeting was also attended by officials from the Ministry of Health and
the Centre for Human Rights of Moldova.
At the same time, the prosecutors of the Torture Combating Division within
the Prosecutor General's Office had participated in the training seminars for the
judicial police officers from all over the Republic of Moldova organized by the
leadership of the Ministry of Internal Affairs.
The high degree of efficiency of these meetings was provided and the
presence of representatives of several State structures, which stressed the need to
consolidate the efforts for the eradication of the phenomenon of torture.
These lessons, in addition to the leadership of the Ministry of Internal Affairs,
were attended by the representatives of Ombudsman institution (Centre for Human
Rights of Moldova), the Ministry of Labour and Social Protection and Family,
Necrology Dispensary, and the Academy Stefan cel Mare.
The priority aim promoted within these seminars was focused on
strengthening civil society's confidence in the authority of the law enforcement
agencies and in their adherence to the principle of the rule of law.
A significant result of the trainings carried out on this segment of activity can
be considered the firm message of "zero tolerance" for violence towards people,
expressed by the management of the Ministry of Internal Affairs, which represented
the transmission from the highest level of this institution of a clearer vision,
consistent with the international standards relating to the protection of human rights,
about the exclusion of such a phenomenon in police activity.
In order to ensure an effective cooperation between the prosecution and the
centre of forensic medicine (CML), on 24.02.2011, at the invitation of CML, the
head of Torture Combating Section of the Prosecutor Generals Office participated
in the working meeting on the reports of all experts forensic doctors of Moldova.
During this meeting, the information on the need for cooperation between the
representatives of this institution with the employees of the Prosecutor's Office was
presented, in particular they were asked not to derogate from the provisions of the
joint Order concluded between the Ministry of Internal Affairs and the Ministry of
Health no. 372/388 of 03.11.2009 with regard to the measures to improve the
cooperation between health and internal affairs institutions.
In this way, the provisions of paragraph 1) of the above mentioned Order
were reminded, according to which it follows that in cases when citizens are
addressing them as a result of some action on behalf of the representatives of the law
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enforcement agencies, related to the health and bodily integrity, the staff of medicalsanitary institutions, regardless of their belonging and legal form of organization, the
representatives of the above mentioned institutions are obliged to immediately
inform the respective specialized or territorial Prosecutor Office.
The experts have been given concrete examples of admission of violations of
this order and in general as a matter of routine, have drawn their attention to the
quality of filing for forensic examination and documentation, the terms thereof, the
description manner of the circumstances established from the citizens appeals, etc.
At the initiative of the Centre for Human Rights of Moldova, on 24 June
2011, in Balti town, a meeting was held on Prevention of torture, committeemen or
task of the public authorities. The event was organized in conection with the UN
International Day in support of victims of torture (26 June) in order to present the
actions for preventing and combating the phenomenon of torture and other illtreatment made by the decision makers in the field.
The meeting was attended by the representatives of the authorities involved
in the field in question (prosecutors, judges, policemen, representatives of the local
public administration authorities and civil society) from Balti Municipality, rayons
of Donduseni, Briceni, Drochia, Edinet, Glodeni, Falesti, Floresti, Rezina, Riscani,
Ocnita, Singerei, Soroca, oldnet, and Telenesti.
During this meeting, the representative of the Torture Combating Section of
the Prosecutor Generals Office of the Republic of Moldova presented the
information about the measures taken to prevent and combat the phenomenon of
torture by the General Prosecutor's Office.
On 17 September 2011, a representative of the Torture Combating Section of
the Prosecutor Generals Office of the Republic of Moldova participated as a trainer
in the training of members of the Advisory Board of the National Mechanism for
Prevention of Torture (MNPT), where he lectured on the Effective Investigation of
Cases of Torture. The format of cooperation between the Prosecutor-Generals
Office and MNPT.
The objectives of this training course were to obtain and update the
knowledge in the field of preventing and combating torture and other ill-treatment,
to develop the skills and draw up the monitoring reports, exchange of good practices
in the field of documentation of torture and other ill-treatment.
During 28-29 November 2011, ten prosecutors from the Torture Combating
Section of the Prosecutor Generals Office of the Republic of Moldova and in charge
of examining the causes of the territorial prosecution offices participated actively in
the International Conference entitled Monitoring the implementation of
recommendations of UN Special Report on issues of torture-the major challenges
and strategies for the future, organized within the project Atlas of Torture.
During this working conference, the prosecutors, criminal investigation officers
and other police officers, lawyers, ombudsmen, international experts were divided
into five working groups, where they held discussions relating to:
- Strengthening the institutional and legal bases and jurisdiction of the National
Mechanism for the Prevention of Torture;
- Revision of the legal framework regarding proliferate behaviour and the
prosecution of torture and ill-treatment;
- The efficiency of internal control and the complaints mechanism;
- Investigation and effective prosecution of torture and other ill-treatment;
procedural safeguards in cases of torture.
CAT/C/MDA/Q/3
As a result of the group work, their members have highlighted the topics of the
activities on behaviour of the State structures and came out with concrete proposals
to be applied, both at the institutional and national level by amending the legal,
departmental etc. framework.
In 2012:
The prosecutors of the Torture Combating Section of the Prosecutor Generals
Office of the Republic of Moldova, as well as the prosecutors responsible for
examining cases of torture and ill-treatment within the territorial and specialized
prosecutors offices were trained in three seminars organized and held at the
National Institute of Justice through a joint programme of the Council of Europe and
the European Union on Strengthening measures to combat ill-treatment and
impunity in co-operation with the Prosecutor Generals Office and the Association
of Judges of the Republic of Moldova.
The importance and effectiveness of these seminars is obvious, because these
have a participation in mixed groups composed of prosecutors and judges
(magistrates and judges of common law in all courts).
On 26 April 2012, within the project "Atlas of Torture", the prosecutors of the
Torture Combating Section of the General Prosecutor's Office of Republic of
Moldova participated in the meeting of the Working Group of experts with regard to
disciplinary procedures and methodology of internal investigations and the
relationship between criminal proceedings and disciplinary procedure in the context
of the assumptions of ill-treatment and excessive use of force by police officers and
penitentiary institutions. At this meeting, the discussions were held and
recommendations were made to streamline the disciplinary sanctioning regime.
Also, within the Project Atlas of Torture, the prosecutors of the Torture
Combating Section of the General Prosecutor's Office of Republic of Moldova, as
well as other 8 prosecutors responsible for examining cases of torture, participated
in the works of the International Conference on strengthening the institutional
framework for the investigation and prosecution of the allegation of torture and illtreatment, which was held on 20-21 September 2012.
The aim of the conference was the exposure of opinions and sharing experiences
among the national stakeholders and international experts on the institutional and
procedural options for further strengthening of the framework for the investigation
and prosecution of crimes of torture and ill-treatment in the Republic of Moldova in
accordance with the standards and recommendations drawn up on the basis of the
ECHR jurisprudence.
The work of the conference took place in the context of the 4 working groups,
where the challenges faced by the new system of investigating the allegation about
mistreatment imposed on the Republic of Moldova were discussed.
The results of the proposed measures to be implemented have been presented
during the plenary session, where the opinions of the experts present at the event
were also heard (Norway, Slovenia, United Kingdom).
On 15.10.2012, the course of Investigating cases of torture and other illtreatment in Moldova was launched.
The work of this training course, which was achieved in 4 sessions, was attended
by all the designated prosecutors responsible for examining the cases of torture and
ill-treatment.
The purpose of the training course was strengthening capacities of the
prosecutors to prevent and combat torture and other ill-treatment.
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In 2013:
For 2013, within the project Atlas of Torture, the development of
methodological guidelines to investigate the cases of torture, for prosecutors
specializing in this field was planned.
For the development of these guidelines, relevant international experts,
prosecutors of the Torture Combating Section, as well as academics were involved.
The guidelines will comprise both methodical recommendations for prosecution
in such cases, as well as for judicial research.
It is envisaged that the guidelines will be approved by the order of the General
Prosecutor, to be of internal use to the prosecutors and to be implemented by the end
of 2013.
In order to create appropriate conditions for the review and enhancement of the
quality of forensic evidence in cases of torture, several laboratories and sections of
the Centre for Forensic Medicine and its territorial units were furnished and
equipped with modern equipment of the forensic investigation, totalling about EUR
600 thousand, within the Project on "Strengthening forensic examination of cases of
torture and other forms of ill-treatment in Moldova" funded by the European Union
and co-financed and implemented by the United Nations Development Program in
Moldova.
Under the project, forensic doctors, doctors in the institutions of detention and
emergency medical institutions have been trained in medical examination and
documentation of cases of torture in accordance with the provisions of the Istanbul
Protocol.
For the purpose of training, but also development of the capacity for continuous
improvement, the library of the University of Medicine and Pharmaceutics Nicolae
Testemiteanu, hosted by the Centre for Forensic Medicine, received specialized
literature, in the total amount of about EUR 8 thousand. The library has been fully
furnished and equipped with the multimedia equipment, serving at the same time as
the study room, conference room and meeting room.
(b)
Training on the employment of non-violent means, crowd control and
the use of force and firearms. Has the State party adopted a Manual on the Use of
Force in conformity with the relevant international agreements, such as the United
Nations Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials?
On 14 December 2012, Law no.218 of 19 October 2012 concerning the
manner of applying the physical force, special means and firearms came into effect.
The draft law was prepared by the Ministry of Internal Affairs in order to ensure a
unique legal framework regulating this area for all employees of law enforcement
bodies. However, this law contains the rules of a general nature and does not contain
any detailed provisions.
Respectively, there is a need to draft subordinated regulations, which would
provide the unique and specific rules for the application of physical force, special
means and firearms, making possible the actual implementation of the law referred
to.
(c)
Information on any training that ensures appropriate and respectful treatment
of women, juveniles, ethnic/religious minorities, or persons with different sexual
orientation, particularly regarding forms of torture that disproportionately affect
members of these groups.
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The launch of the annual Campaign is remarkable celebrating the

International Family Day, which main objective is to focus on highlighting the
importance of families in society, promoting the values of the family and the rights
of the children and mechanisms of reception of complaints from children, etc.
Such activities were carried out in the framework of the Campaign One
child informed - a child protected, started during the period 24-31 May and 02 20
September 2008, on the basis of the Order of the Ministry of Internal Affairs no.
34/1-1511 of 18.05.2013, aiming at raising the awareness on the safety of the young
generation, reducing violence and crime among minors.
Under the Agreement of collaboration no. 34/906, concluded on 12.04.2013
between the Ministry of Internal Affairs and Promo-LEX Association, for the period
15 May - 25 June this year, the General Inspectorate of Police of the Ministry of
Internal Affairs in partnership with the Association Promo-LEX launched the
Information Campaign to inform the citizens about the Protection Ordinance for the
victims of domestic violence.
The purpose of this campaign was to inform and to make people aware about
the possibility of obtaining measures to protect victims of domestic violence.
Within the campaign, over 4,000 flyers were distributed and posters were
placed in each Police inspectorate/section/sector/station.
Through these materials, the provision of information to citizens has been
facilitated with regard to protection measures that the law envisages with regard to
the victims of domestic violence, the procedure for and terms of the Ordinance, the
enforcement and supervision of the Ordinance and the protection measures
applicable in case of breach of the Ordinance.
Raising the level of professionalism, fair application of the provisions of the
legislation in force, as well as improving the quality of services provided, is
naturally an essential priority in Police work.
In order to strengthen the police system in the fight against domestic
violence, the Ministry of Internal Affairs, with the support of UNFPA, initiated the
procedure of establishing the curriculum for police professional specialized training
at the Institute of continuous professional development and applicative scientific
researches of the Academy "Stefan cel Mare", regarding the implementation of
legislation in the field of preventing and combating domestic violence, as well as the
methods of intervention and the duties of each member of the multidisciplinary team
in case of elucidation of the domestic violence phenomenon.
UNFPA developed a manual for the students of the Academy "Stefan
cel Mare", on the implementation of the provisions of the legislation in the field of
preventing and combating domestic violence, to be coordinated and subject to
publication.
The considerable contribution to the eradication of the phenomenon of
domestic violence and abuse against children comes also from the cooperation of the
Police with the international organizations, in particular with the Member
organizations of the global network of United Nations Development Programme
(UNDP), United Nations Population Fund (UNFPA), the OSCE Mission in
Moldova, the Mission of the International Organization for Migration (IOM) in the
Republic of Moldova, UNIFEM, UN WOMEN, and other agencies.
With the support of these organizations, we provide training for police
officers, with respect to the modality of intervention, in particular, emphasizing the
intervention on a case by case basis within multidisciplinary teams, ensuring and
providing necessary qualitative services given the multidisciplinary skills of each
actor.
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In addition to that, with the participation of the Academy Stefan cel Mare,
with the support of the United Nations Population Fund (UNFPA), the project for
training of trainers in the field concerned was launched.
The training for trainers courses for the specialists within the internal affairs
bodies, specialists in the field of preventing and combating domestic violence, as
part of the technical assistance project in the field, implemented by UNFPA and the
Women Law Centre, with the financial support of the US Embassy, was carried out
in November 2012, in 4 stages, having trained a total of 18 employees of Police.
One of the sessions of this training course was organized by UNFPA, within
the International Law Academy in Budapest, Hungary (ILEA).
Under the project, during 2013-2014, over 20 sessions will be organized, as a
result of which, 550 employees of the police, will receive training in the field of
preventing and combating domestic violence.
During 20-21 June, 26-27 June, 30-31 July and 18-19 September, the first
three sessions were carried out, where the first 50 employees of the police
inspectorates in Balti, Singerei, Glodeni, Falesti, Donduseni, Ocnita and Rezina
have been already trained and that would become the best practices multipliers in
response to the phenomenon of domestic violence. 100 Police District officers have
already benefited from these trainings.
The quality of the trainers at these workshops is the responsibility of the
police staff and civil society representatives, beneficiaries of the three training
modules within the same project, the best practitioners with the skills of trainers in
the field of reference being selected.
The key topics of the modules include the aspects of the legislation of the
Republic of Moldova in the field of domestic violence, the intervention and the role
of the police in issuing, execution and supervision of protection ordinance.
During this training, the participants received a course support regarding the
police intervention in cases of domestic violence, prepared by the expert team of the
Women Law Centre, it will come down to guide the work of the police in that area.
In order to improve the above mentioned project, as well as in order to ensure
the continuity of the training activities, all staff of the Community Interaction
Service of the Republic of Moldova, it has been agreed with the organizers and
donors to conduct more training workshops in 2014 for over 1,000 police officers,
including criminal investigation officers.
For the implementation of Law no. 45-XVI of 1 March 2007 on preventing
and combating domestic violence, Law no. 241-XVI of 20 October 2005 on the
prevention and combating trafficking in human beings, as well as the National
Strategy of the Referral System, for the protection and assistance of victims and
potential victims of trafficking in human beings (SNR), approved by decision of the
Parliament no. 257 of 05.12.2008, about 127 sector police officers within the Police
Inspectorate Ciocana, Chisinau Municipality, Clrai, Dubsari, Ciadr-Lunga
Orhei, Basarabeasca and Comrat have been trained.
The training seminars entitled Protection and assistance to victims of
trafficking in human beings and domestic violence within the framework of the
National Referral System", were organized by the International Organization for
Migration (IOM) Mission to the Republic of Moldova in partnership with the
Ministry of Labour, Social Protection and Family, aiming at contributing to the
effective cooperation and coordination of efforts among the main actors involved in
combating trafficking in human beings and domestic violence, thus assuring an
effective strategic planning, a regional partnership with joint actions and sustainable
results in the field of reference.
During the above mentioned workshops, the actors and experts empowered
with abilities and competences in the field (social workers, policemen, doctors,
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representatives of educational institutions, representatives of local public

administration authorities, as well as non-governmental organizations) were trained
in order to ensure a common approach to prevent and combat trafficking in persons
and domestic violence.
On 20 May 2013, in order to strengthen the promotion and protection of the
rights of children, the General Inspectorate of Police and Representative Office of
Terre des Hommes Foundation in the Republic of Moldova, concluded a partnership
agreement, within the project "Transnational Action", supported by the Swiss
Agency for Development and Cooperation.
In order to prevent and combat all forms of abuse, neglect, exploitation and
increase of the level of safety and protection of children, 45 employees of the
Department of Children Safety were trained on the best practices of the effective
communication with children, the training of trainers was organized with the support
of the Representative Office of Terre des Hommes Foundation in the Republic of
Moldova, Lausanne-Switzerland, which will expand the training activities within the
police territorial subdivisions.
The Ministry of Internal Affairs will undertake all the efforts necessary to
fulfil the responsibilities, related to the implementation of actions in the field of visa
liberalization regime, in order to prevent and combat any manifestations of violence
and for the protection of fundamental human rights.
The prosecutors in the territorial and specialized prosecutors offices, appointed
responsible for investigating the cases of torture and ill-treatment, at the
recommendation of the Torture Combating Section of the Prosecutor General's
Office, participate in meetings of professional training of the Police inspectorates
and, where applicable, prisons under the territorial jurisdiction administration, Anticorruption prosecutors - in the National Anti-corruption Centre, and prosecutors
within the military prosecutors offices within the military units in order to
familiarize the employees of these institutions with the amendments made to the
Criminal Code and Code of Criminal Procedure.
During the professional training, the prosecutors shall submit other topics
relevant to the European Court of Human Rights in the cases against the Republic of
Moldova, which were found in violation of Article 3 of the ECHR, the proper
application of the provisions of the conventions against torture and punishment and
other cruel, inhuman or degrading treatment, adopted at New York on 10 December
1984, to which the Republic of Moldova is a party, observance of Law no. 218 of
19.10.2012 concerning how to apply physical force, special means and firearms.
A primary emphasis is given to documentation by the staff concerned of the need
of applying physical force and special means, by the reflection of the situation that
necessitated the intervention in force and of the actions undertaken in order to
improve it directly.
In order to raise the level of awareness of the staff trained in combating
terrorism, it is important to participate regularly in training courses/international
working groups. The attendance at these events has contributed to the development
of practical, theoretical and tactical skills among a part of the representatives in the
field of the best practice to prevent and combat terrorism, in particular, they were
made aware about the new research methods, technical equipment and control
devices used, protective measures and security, cooperation with other competent
institutions etc.
Within the Ministry of Internal Affairs, the training lessons are organized, where
various subjects are studied, the priority focus being put on the subject of:
Observance of legality by the criminal investigation officers in the criminal
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investigation activities. In addition to that, the recommendations concerning the

need to respect the human rights and fundamental freedoms within the framework of
criminal proceedings; the legality of the detention in the pre-trial detention
institutions of persons detained and in preliminary arrest; observance of the suspects
and detained chargeable persons or preliminarily arrested, other issues were also
discussed.
The Ministry of Internal Affairs contributes permanently to the training of the
criminal investigation officers in the spirit of compliance with the national and
international legislation, by imposing a strict control on their activities for the
purpose of expulsion in cases of infringement of the fundamental rights and
freedoms of the parties in the process. During this professional training, at all levels,
including in the group of the Minister, the issues related to the conviction of the
Republic of Moldova at the Ministry of Internal Affairs were examined, the concrete
actions for intercession of these questionable aspects were envisaged.
For the purpose of strict and just enforcement of the criminal procedural
legislation provisions concerning the respect for human rights in the context of a
criminal trial, prevention of any acts of torture and other inhuman treatment towards
the parties and other participants in the process, the Ministry of Internal Affairs, each
year, organizes and conducts in all regions of the country five educationalmethodological seminars with the management and personnel of the Criminal
Investigation Division in these areas. Additionally, jointly with the Prosecutor
General's Office, the seminars with the criminal investigation officers and
prosecutors from all over the country were organized.
The Ministry of Internal Affairs requests from the heads of subdivisions to
conduct a strict control over the activity of their subordinates, as well as to
undertake measures to prevent any negative practice.
For 2013, the Penitentiary Institutions Department has concluded 2 agreements
for the provision of training services to the medical personnel with:
1. State University of Medicine and Pharmacology Nicolae Testemitanu in the
amount of MDL 72,168.00 (seventy-two thousand one hundred and sixty eight lei);
In 2013, during 9 months 14 doctors were trained
2. The budget for the Center for Continuous Medical Education trained medical and
pharmaceutical personnel with secondary education is 32 262, 00 (thirty two
thousand two hundred sixty two Lei) Lei.
18 medical assistants were trained in 9 months of the year
For the purpose of consolidation of competences, development of knowledge
and abilities of doctors, medical services from penitentiary institutions, in the
examination, adequate documentation of injuries caused by actions of torture,
inhuman and/or degrading treatment, during 2011-2012, the project Strengthening
the forensic examination of torture and other forms of ill-treatment, as a key
strategic element in comprehensive, integrated, holistic efforts to end torture and
related forms of ill-treatment in Moldova was implemented with financial support
of UNDP and the EC. Within the framework of actions of this project, it is planned
to review the legal framework for implementation of observations and
recommendations of the European and international institutions in the field of
combating torture and ill-treatment.
In October 2013, within professional training courses at the Goian Trainign
Center of the Department of Penitentiary Institutions, training lessons for the
medical staff of the subordinated medical services on Double Loyalty in the
medical practice. Documentation of corporal injuries, auto-mutilations (Istanbul
CAT/C/MDA/Q/3
Protocol). Responsibility in medical practice. Malpraxis took place. These courses

have beenn attended by 39 medical employees with high and secondary education.
Training of staff of the penitentiary system is organized at: the Academy
Stefan cel Mare of the MIA (annually 11 people full-time and 17 people parttime), the Academy of Police Alexandru Iona Cuza from Bucharest (5
employees); the National Training School for Prison Agents, Trgu Ocna (20
employees in 2013); the Training Center total 442 employees (initial training 108
employees; trainings courses 183; courses for granting special degrees - 151 people).
Also, weekly, within all authorities of the penitentiary system, professional training
sessions are organized by human resources services per their plans.
Within continuous training courses, conducted within sessions on
professional trainings on the subject "application of physical force and special
means by the staff of the penitentiary system" and "prevention of all forms of
discrimination, inhuman or degrading treatment", employees of institutions
subordinated to DIP have been trained part of an eight-hour yearly course. In the
same field, 394 employees have attended the initial and continuous training sessions
organized by the Training Centre.
The internal Order no.21 of 24 January 2013 'On the Organization of
Professional Training with departments and sections of DIP headquarters in 2013"
and the internal Order no.15 of 17 January 2013 'On the Organization and
Professional Trainings in the Penitentiary System in 2013" were elaborated.
Personnel of the headquarters of DIP has been familiarized with the following
themes:
-Current problems in the implementation of provisions of the Law no.1036-XIII of
17 December 1996 on Penitentiary System especially, the chapter VII Application
of physical force, special means and weapons (20 February 2013);
-Regulation of the fight service of DIP approved by the Order of the
Ministry of Justice no.106 of 6 March 2003 (6 March 2013);
- The Statute of Execution of Punishment by Convicts, approved by
Government Decision no.583 of 26 May 2006 (03.04.2013);
-The European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment of 26 November 1987. Conditions and limits of
application of physical force and special means by the employees of the penitentiary
system, in the context of respect of prisoners rights. (17.04.2013)
- the Law no.218 of 19 October 2012 on the Procedure of Application of
Physical Force, special means and firearms (17.07.2013)
Within subdivisions subordinated to the DPI, the above mentioned areas are studied
according to orders on the organization of training and the thematic plans approved
by heads of institutions.
Article 11
19.
Please provide information on any new interrogation rules, instructions,
methods and practices, as well as arrangements for the custody of persons subject to
any form of arrest, detention or imprisonment that may have been introduced since
the consideration of the last periodic report, and the frequency with which they are
reviewed.
Regarding the introduction of new methods on interrogation, instructions,
methods or practices, from the last report, we inform you that through the Penal
Code no.66 of 05.04.2012 in force of 27.10.2012, Article 104 Hearing of suspect,
accused, defendant was amended. In particular, the paragraph (2) was amended
The person carrying the criminal investigation, before starting the interrogation of
the suspect, accused, defendant, will ask the surname, name, date, month and year
72
CAT/C/MDA/Q/3
of birth, place of birth, specifies the citizenship, education, military service, family
status and dependents, occupation, address and other necessary information for
identification of his person in this criminal case, will explain the essence of
accusation, suspicion and the right not to give testimony in his detriment, after will
ask if he agrees to make declarations about suspicion, accusation he faces. If the
accused, suspect accepts to make declarations, the person that conducts
interrogations will ask if s/he accepts suspicion or accusation that he is charged for
and asks her/him to provide in writing explanations about it, but if the defendant,
suspect cannot write or refuses to personally write his/her declaration, it is included
in the records by the person who conducts interrogation.
In the same Criminal Code, in the stated Article, a new paragraph (3) was
included, which stipulates that the duration of uninterrupted interrogation of a
suspect, accused, defendant cannot exceed 4 hours, and the duration of
interrogation in the same day cannot exceed 8 hours. The suspect, accused,
defendant has the right to a break up to 20 minutes during four hours of
interrogation. In case of seriously ill persons, the duration of interrogation is
established taking into account the indication of a medical doctor.
MIA has elaborated methodical recommendations, as follows:
- On legality of holding in the temporary detention;
- On respect of rights of suspects and accused, detained or under preventive
arrest.
For the purpose of protection of human rights, of increasing the professional level of
officers of criminal investigation and of improving the quality of criminal investigation, the MIA
issued the Order no.217 On approval of Instructions on Tactics and Methods of Examination of
parties to the process.
20.
provide information on the measures taken to improve the material conditions of
detention, including the financial resources allocated.
Through the Annual Budget Law, for the DPI funds are allocated for good
functioning, including for improvement of conditions in detention. Thus, as the main
component, financial means have been distributed, as follows:
2009 237457, 8 thousand Lei;
2010 216263, 8 thousand Lei;
2011 259506, 4 thousand Lei;
2012 298040, 6 thousand Lei.
For 2013, 321 901, 1 thousands Lei were allocated for the DPI, of which during the
6-month period, 140 397, 6 thousand Lei were spent.
Please provide information on:21
(a)
Current conditions in penitentiary institutions. Please provide updated
information, including statistics, disaggregated by sex, age, ethnicity and crime, on
the number of imprisoned persons and the occupancy rate of the institutions, for the
entire reporting period. Please also indicate whether food and drinking water are
made available to individuals held in police custody for significant periods of time,
and the regulations governing this;
Given the number of judgments issued by the ECHR against Moldova, in
previous years, in which the Court drew attention of the Republic of Moldova to
some "systemic problems", in the period of 2011 2013, were carried out the
21
A/HRC/10/44/Add.3, paras.30-41 and 72-74.
CAT/C/MDA/Q/3
necessary work to improve conditions of detention, to make reconstruction work, to

make renovations, provide equipment, inventory and equipment items necessary for
the proper functioning of penitentiary, from the state budget as well as with help of
national and foreign donors and investors.
As a result of intentions and actions undertaken, the amount of funds allocated from
the state budget was increased, up from 1.4% of estimated needs in 2009, to 4.2% in
2010, 9.9% in 2011 and 12.4% for 2012.
Efforts have been invested to argue for more funds to be allocated for space
adjustment, medical assistance, food and other inmates needs as follows:
- Capital investments 500 thousands in 2009 to 8 mln.900 thousands in 2012
and 18 million. in 2013;
- Medical assistance - from 2280,9 thousands Lei to 3156, 1 thousands Lei in 2012;
- Alimentation of detainees - from 21957, 2 thousands Lei in 2009 to 31265, 6
thousands Lei in 2012;
- Providing prisoners with hygiene products - from 723,6 thousand Lei in 2010 up to
1109 thousand in 2012.
Regarding the de facto situation of detention conditions, during 2012 and 2013 they were
improved, as follows:
Penitentiary no.1 Taraclia
During 2012, the package of documents for initiation of the procedure of public procurement of
reconstruction services for the canteen of the Penitentiary no. 1 from Taraclia, which is worth 4
998 610, 000 Lei.
At the moment, renovation of the canteen in the Penitentiary no.1 in Taraclia, with reconstruction
of deposits for clothes and agro-aliments, is completed. Thus, at the moment, measurements are
performed on the ground for elaboration of the Terms of Reference for initiation of a new
procedure for re-arranging the territory and the protective fence.
Penitentiary no.3-Leova
With regard to this penitentiary, in 2013, a public tendering was organized for design services.
Thus, on 6 June 2013, the procurement procedure no.13/00324 on procurement of services for
elaboration of the project documents: Reconstruction of the building of the Penitentiary no. 3 in
Leova. The contract was awarded and signed with the SC "IGC-Construction" L.t.d. and its value
constitutes 796 547,00 Lei.
Penitentiary no.4 Cricova
Regarding this penitentiary, the company S.C. "IGC-CONSTRUCT" L.T.D. has elaborated the
project documents and has finalized all the design compartments. Thus, on 10 September 2013, the
Minutes of the final acceptance were elaborated, with 100% of documents produced.
The project documents were reviewed by the State Service for Verification and Expertise of
Projects and Construction and the information on elaboration of the Terms of Reference to conduct
will be systematized for "renovation of the canteen of the Penitentiary no.4 in Cricova."
Penitentiary no.5-Cahul
With regard to this penitentiary, in 2013, a public tender for procurement of design services took
place. Thus, on 6 June 2013, the procedure nr.13/00324 on procurement of services to develop the
project documents was organized: Reconstruction of buildings of the Prison no. 3 in Leova. The
tender was won the by SC "IGC-Construction" Ltd (contract amount 796 547.00 Lei. Currently,
topographical research is carried out with drafting of the project and land positioning. Therefore,
the level of achievement is 60%, and the project documents will be finalized at the beginning of
October.
Penitentiary no.6-Soroca
74
CAT/C/MDA/Q/3
In April 2011, services were procured for design of an artesian well for drinking water with
installation of the tower for water storage. Construction works started in 2012. As a result of a
tender organized on 14 September 2012 "Construction of an artesian well with installation of the
tower for drinking water in penitentiary no.6 in Soroca.", works are reported as fully completed.
Penitentiary no.9-Pruncul
Assurance and procurement of services for designing and purchasing of a well for drinking water,
installation of a tower for drinking water and connection to the city network. Construction works
began in 2012. At present, works for water supply are 100% completed.
Penitentiary no. 10- Goian
During 2012, were made a number of construction works. Thus, at present, the level of
implementation of the reconstruction project at the Penitentiary no.10 in Goian is carried out with
funds provided from the state budget and the special funds and donations.
Construction works at the block no.3 of the Penitentiary no.10 in Goian are 100 percent
completed.
As regards documents of the project for reconstruction of the penitentiary no.10 in Goian, the
designated bidder is the "Cometa Construct" Ltd with the value of 900349, 00 Lei at LP
13/00324/001. Thus, on 06 June 2013, the procurement procedure nr.13/00324 on procurement of
services, to elaborate the project documents for, was held: reconstruction of the Penitentiary no. 10
in Goian. At the same time, the elaboration of sketches of the project with compilation of
documents was part of the tender. Therefore, the level of achievement is 60% and project
documents will be finished at the end of September.
Penitentiary no. 11 Bli.
Regarding the construction of an Arrest House, with the capacity of 650 places, are elaborated
project documents on demolition of the target "Special Institution, Balti" (unfinished building in
Balti located on 7, the Veterans str.)".
This year, the INCP "URBANPROIECT" continues to perform design works of the Arrest House.
At present, the purchase agreement from a single source is sent to the Public Procurement Agency
for review of the Arrest House project from Balti. The contract value is 2 593 000.00 Lei, VAT
included.
Penitentiary no. 16- Pruncul.
Reconstruction of the Block of Psychoneurology within the penitentiary no.16 in Pruncul.
The collaboration with NGO "Concordia Proiecte Sociale" on the rehabilitation of the block of
psych neurology of the penitentiary no.16 resulted in the the design and reconstruction work of the
building (for 1 600 thousand Lei). Works have been finilised, with the building operatonal as of
2012.
The building of the Training Center of the headquarters of the DDS Pantera was reconstructed and
supplied with the necessary equipment.
Negotiations were carried out with the Reconstruction Bank of the Council of Europe (CEB) to
obtain a loan to build a new type of penitentiary in Chisinau for 1,500 people, to meet the
European standards. As a result the Council Administration of the CEB approved on 14 June 2013
the request of the Government to borrow 39 Million Euro. The operational construction plan
CAT/C/MDA/Q/3
provides for twelve blocks for detention with the capacity of 1536 detainees, 64 cells per block of
detention, disciplinary isolator for 50 detainees, a medical block for 128 detainees and the transit
block for 128 detainees.
(b)
Measures taken by the State party to alleviate conditions of detention
amounting to torture or ill-treatment, including severe overcrowding, poor quantity
of quality of food, poor hygiene, sanitary facilities, lack of furniture, lack of
ventilation, prevalence of tuberculosis, and lack of necessary materials, such as
bedding. Please particularly discuss measures taken to implement decisions of the
European Court of Human Rights finding the State party in violation of article 3 of
the European Court of Human Rights due to detention conditions. Please also
particularly describe measures taken to alleviate the overcrowding of penitentiary
institutions through the application of alternative measures to imprisonment;
With regard to improvement of the material conditions of detention, including financial resources
allocated, we would like to communicate that of 38 IDP of the MIA of which, due to inadequate
technical norms and due to lack of the relevant conditions of detention, the activity of 5 IDV has
been suspended (Ialoveni, Streni, Criuleni, Dubsari, Dondueni).
All 38 DPIs have 273 cells for 682 people.
According to Government Decision no.511 of 22 June 2010, the amount of 2.2 Million Lei was
allocated to the Ministry of Interior for major renovations for adjustment of the minimum of the
necessary cells in 30 places of temporary detention, with suspension of activity of 107 cells within
these DPIs, leaving active 152 cells, which have been adjusted.
CGP-22 cells adjusted in Chisinau, 54 people.
CPS Bender - 2 cells adjusted, 2 suspended, 10 people
CPS Cimilia - 4 cells adjusted, 4 suspended, 16 people.
CPS Fleti - 4 cells adjusted, 5 suspended, 8 people.
CPS Cantemir - 4 cells adjusted, 2 suspended, 8 people.
CPS Bli - 3 cells adjusted, 6 people.
CPS Comrat - 3 cells adjusted, 7 suspended, 8 people.
CPS Basarebeasca - 2 cells adjusted, 6 suspended, 4 people.
CPS Ceadirlunga - 1 cell adjusted, 5 suspended, 3 people.
CPS Taraclia - 4 cells adjusted, 16 people.
CPS Sngerei - 4 cells adjusted, 5 suspended, 8 people.
CPS Hnceti - 1 cell adjusted, 8 suspended, 4 people.
CPS tefan Vod - 3 cells adjusted, 14 people.
CPS Anenii Noi - 5 cells adjusted, 6 suspended, 10 people.
CPS Rcani - 3 cells adjusted, 6 suspended, 6 people.
CPS Ocnia-2 cells adjusted, 6 suspended, 6 people.22
CPS Edine-4 cells adjusted 15 people.
CPS Drochia - 3 cells adjusted, 9 suspended, 12 people.
CPS Vulcneti - 2 cells adjusted, 5 suspended, 8 people.
CPS Dondueni- suspended.
CPS Criuleni- suspended.
CPS Streni- suspended.
CPS Ialoveni- suspended.
CPS Teleneti 3 cells adjusted, 3 suspended 8 people.
CPS Briceni - 7 cells adjusted, 25 people.
224
letter a) and b) of no. 20 ,,in light of prior recommendations of the Committee

(para.18) please submit information on measures taken to improve the material conditions in
detention, including the allocated financial means.
76
CAT/C/MDA/Q/3
CPS Glodeni - 2 cells adjusted, 5 suspended, 6 people.

CPS Orhei - 3 cells adjusted, 6 suspended, 9 people.
CPS Rezina - 2 cells adjusted, 5 suspended, 4 people.
CPS oldneti - 4 cells adjusted, 4 suspended, 8 people.
CPS Floreti - 5 cells adjusted 10 people.
CPS Soroca - 12 cells adjusted 40 people.
CPS Ungheni - 6 cells adjusted, 1 suspended, 19 people.
CPS Clrai - 4 cells adjusted, 6 suspended, 11 people.
CPS Cueni - 4 cells adjusted, 3 suspended, 14 people.
CPS Cahul - 6 cells adjusted, 12 suspended.
CPS Leova - 5 cells adjusted, 4 - suspended, 11 people.
CPS Nisporeni- 7 cells adjusted 17 people.
Total: 259 cells of which: 152 adjusted, 107 suspended, 410 people.
Examining the issue of food supply to persons detained in the temporary detention of the MIA
from the legal point of view, we find that providing food to people in the specified category will be
done in accordance with Art. 228 of the Code on Execution, 3 times a day, at established hours,
free of charge, hot meals included. The provision of food will be done at the expense of the state
budget, in compliance with the minimum standards set by the Government.
It is prohibited to reduce the quantity, quality and caloric value of food given to a prisoner.
Drinking water is permanently provided to a detained person, and food is provided in accordance
with:
a) Government Decision no.609 of 29 May 2006 "On approval of the minimum norms of daily
food supply to detainees and on release of detergents", a daily quota being established not less
than 15 Lei, daily alimentation is ensured 3 times;
b) provisions of para.(6), Art.435 of the Contravention Code of the Republic of Moldova, namely
"a person detained shall be ensured with the minimum conditions according to the Enforcement
Code for individuals subject to pretrial detention."
Detained persons benefit from a diet that takes into account the age, state of health, physical
condition. Food is prepared and served in hygienic conditions, change of diet is done only
according to a prescription of a doctor or a nurse.
For persons detained in the temporary detention at police stations subordinated to the MAI,
apply the same conditions on provision of food for detainees placed in prisons.
Regarding conditions of detention, in DPI the following works were performed: installation of
aqueduct, sewer, installation of washbasins, toilets, tables, chairs, installation of windows and
metal nets, reparation of ceiling, installation of locks of wagon type, installation of alarms,
installation of lock doors of IDP, forced ventilation, plaster on walls and the ceiling, reparation
of yards festinated for walks, chamber for repatriations of food, offices for meetings, offices of
the head of the IDP.
According to provisions of the Decision of the MIA no.26/373 of 21 May 2012 "On the
implementation of video monitoring system in the district and municipal police inspectorates',
due to the financial support allocated by UNDP during 10 months of 2012, the video system
was installed in most subdivisions of the MIA, except in Bender police Inspectorate, the reason
being disagreement of the Transnistrian militia and police inspectorate of Dubasari.
Thanks to the financial support allocated by the Council of Europe in 2011, in 2012 the IDP
General Inspectorate of the Police from the mun. Chisinau was reopened.
CAT/C/MDA/Q/3
Later, in 2012, with the support of the state budget, the IDP of the Glodeni Police Inspectorate
reopened the station for 72 hour detention. The DPI in Balti reopened its activities at a new
location (the former building of the Center of alcoholic dependence treatment).
It is also possible to reconstruct the building of the DPI in Streni (150,000 Lei are necessary)
Hnceti (75,000 Lei) and Criuleni (250,000 Lei).
In order to purchase and install video equipment in the DPI, with the purpose of monitoring
detainees and security personnel, which ensures their security, with continuous recording and
verification of records by a single responsible person and the prosecutor, in the fourth quarter of
2012, were installed video-audio supervisory equipment in police inspectorates in Balti, Cahul,
Cimislia, Basarabeasca, Criuleni, Stefan Voda, Vulcneti, Ceadrlunga, Comrat Glodeni, Taraclia,
the IDP of the General Inspectorate of Police in Chisinau and sectorial inspectorates, including
provisional detention centers, except Police Inspectorates from Bender and Dubasari.
Tuberculosis is a major public health problem for the Republic of Moldova. According to the
National Programme on Control of Tuberculosis for the years 2011 - 2015, funded by grants of the
Global Fund, the improvement of the epidemiological situation of tuberculosis in the penitentiary
institutions is a priority.
The rapid method for diagnosis Gen Expert works effectively, which allows the confirmation of
the diagnosis of TB in 2 hours.
Measures taken have contributed to decrease of incidence of tuberculosis among prisoners from
495 cases in 2006, down to163 cases in 2010 (there was a decrease of 332 cases, or 67%). During
2012, 162 cases of tuberculosis in prison were notified.
The TB cases registered in the penitentiary system in 2006 - nine months 2013.
Category
2006
2007
2008
2009
2010
2011
2012
New microscopic positive case

New microscopic negative case
New extra-pulmonar case
New extra-respirator case
Positive microscopic relapse
Negative microscopic relapse
Extra-pulmonar relapse
Global incident
106
195
13
0
82
99
0
495
71
153
6
3
82
91
1
406
38
110
3
2
44
48
0
245
38
76
5
1
38
36
0
192
33
77
5
3
19
26
1
164
14
51
7
1
21
35
1
133
30
87
0
0
13
32
0
162
3% of the total number of patients diagnosed in R.M. tuberculosis (new cases and relapses) come
from the penitentiary system.
According to international recommendations, in the penitentiary system of the Republic of
Moldova the mandatory radiological examination of all detainees at the entry into the penitentiary
system is performed. Thus, in 2006, 20% of cases of tuberculosis reported by the penitentiary
system were detected at the entry into prison. In 2010-2011 the detection rate was 20-25% of the
total cases reported, in 2012 - 34.5%.
The number of prisoners with tuberculosis decreased 3.5 times from 1152 patients in 2001 to 166
patients at the end of 9 months of 2013 or with 84.5% less.
78
9
months
2013
11
46
0
0
8
19
0
83
CAT/C/MDA/Q/3
Starting with 2006, in penitentiary institutions the DOTS+ treatment is initiated. 215 detainees
benefited from the respective treatment. During the nine months in 2013, 24 persons have been
included in DOTS+24, in 2012- 34 persons, 2011 - 39 detainees, in 2010 - 40 persons.
The TB cases included in DOTS Plus in the period of 2006-2012
Category
New case
Recurrence
After abandonment
After failure
Chronic
Total
2006
3
5
1
2
0
11
2007
1
11
5
4
9
30
2008
9
14
6
4
2
35
2009
6
14
7
5
8
40
2010
9
21
15
12
3
60
2011
7
18
5
7
2
39
2012
9
15
7
3
1
34
cumulative
44
98
46
37
25
249
Treatment of patients is performed by a standardized scheme according to DOTS and DOTS+

Strategy. 100% of medicines specific to line II comes from the support of the Global Fund and
medicines from line I were purchased in 2013 from the state budget. The anti-TB drugs from the
second line, will be received from the extra budgetary sources by 2014 and the anti-TB drugs and
laboratory supplies for 2014, were planned from the budget (about 150,000 Lei).
In the first nine months of 2013, 83 cases of tuberculosis were notified to detainees (new cases 57 people and relapses - 26 people), including 33 were found at the entrance to the prison system
(38.5%). Released people diagnosed with tuberculosis- 29, inmates transferred from the Ministry
of Health with active tuberculosis - 12 people.
166 prisoners with active tuberculosis are recorded.
In the first nine months in 2013, 2 cases of tuberculosis were notified to the prison staff (DTPS and
no. 5 Cahul).
(c)
Measures taken to ensure that conditions of detention are not
discriminatory to women and particularly that adequate medical and reproductive
care is available in all detention facilities where women are held.
In accordance with the order no.308 of 07 November 2011 of the MIA On Amending and
Supplementing the Order no.5 of 05.01.2004" and of the Order no.223 of 6 July 2012 On the
Approval of the Guidelines of the Activity of the temporary detention isolators of the MIA":
- Mothers of up to two years old children can be accepted in the IDP with children. The birth
certificate or other acts, which confirms the childs maternal links, serve as the basis for accepting
a child with his/her mother. A confirmation from the prosecutor or the court serve to the same end.
- Detained women are assigned into separate cells and rooms from men;
- pregnant women, nursing mothers, minors, sick people, according to the doctors indications and
disabled (1st and 2nd degree) will receive supplementary food.
- Women accompanied by 3 children and pregnant women benefit from daily up to two hour
walks.
- Women with young children are allowed, on their own expenses, to buy food and items needed
for childcare. Boiled water is provided at least two times. Detainees and prisoners may have food,
%
17,7
39,3
18,5
14,8
10,0
100%
CAT/C/MDA/Q/3
medicines and items allowed for storage, documents and notes of the criminal case (only
prisoners), receipts of confiscated money.
On 1 January 2013, in the penitentiary system there were 411 women, including two minors.
Information about the medical assistance for women in 2012 is reported in the table, as follows:
No. of women consulted

No. of consultations performed
-at addresses
- for prevention purpose
Prescribed ambulatory treatments (no.
treatments)
Hospitalisation P7,P13, P16
Hospitalisation MS
Recorded at the dispensary
Therapeutic
profile
629
1103
988
201
619
Gynaecologic
profile*
432
471
392
79
281
Psychiatric
profile
356
418
383
116
3
At the begining
of period
14
13
72
58
56
7
26
21
1
25
1
New comers
Left the territory
311
HIV/SIDA
4
7
Diabetes
2
2
Cardiovascular diseases
11
13
Disease of the respiratory tract
11
14
Desease of the urogenital tract
2
5
Cancer/tumor
1
1
Degree of disability
TBC
7
Chronic hepatitis
27
3
8
Drug Addiction
8
1
1
Other:
Beneficiaries of harm reduction projects
HIV tests performed
18
In methadone treatment
8
3
3
Antiviral treatment
9
3
4
Needle exchange
140
Received food support
14
2
4
*inclusive were subjected to examination the mammary glands (women after 20 years) 139
*The gynaecological examination, including selection of sampling for cytological smear (Pap
smear) (women> 20 years) _19_women.
** Number of teeth extractions_146_, number of fillings applied _491_.
Number of female detainees who have benefited from the consultations within the IMSP __
85__number of women _75_ no. cases _85_.
At the initiative of the medical personel_44_; at the initiative of detainees _41_. Assistance within
AMU _8_no. of women _8_.
21.
Please provide data on the number of persons detained at the Migrants
Accommodation Centre, the average length of detention, and indicate the basis on
which the occupants have been detained. Please provide information on measures
80
Dental
profile**
528
548
494
54
63
At evidence at
the moment
11
13
70
55
53
7
26
22
8
8
8
140
12
CAT/C/MDA/Q/3
the State party is taking to ensure that individuals are not detained solely on the
grounds that they would otherwise be homeless.
22.
Please provide information regarding measures taken by the State party to
protect detainees from inter-prisoner violence, including sexual violence and
intimidation. Please provide information on the number of investigations and
prosecutions into inter-prisoner violence carried out by the State party during the
reporting period, disaggregated by sex of the victim, age of the victim, and
immigrant status of the victim. Please also indicate whether any prison staff have
been disciplined or subject to criminal penalties for tolerating, encouraging, or
aiding and abetting such inter-prisoner violence during the reporting period. Please
comment on actions taken in response to CPTs report of such violence at prison No.
11 Bli and prison No. 17 Rezina.23 Please also comment on instances noted by CPT
of prison staff responding to complaints of such violence by placing the complainant
in solitary confinement.
The MIA has taken a number of actions aimed at ensuring the rights of persons held in provisional
detention facilities, inter alia on prevention and combating of torture, inhuman and degrading
treatment and violence between prisoners, by conducting on-going planned and unplanned checks
of persons who submitted complaints or have signs of violence applied by policemen or other
prisoners.
Through the implementation of the state policies, by the DPI, jointly with the authorised services
from the penitentiary institutions aim at combating crime and maintaining security in
penitentiaries, which are otherwise provided for in the National Action Plan on Human Rights
2011-2014 and the Ministry of Justice Plan for 2011, as follows:
Increase of the
level of security
in penitentiary
Training
on
human
rights
for employees
of penitentiaries
Take steps to eradicate the

"hierarchy" phenomenon
among detainees in order to
eliminate reciprocal violence
and intimidation of detainees
and to maintain order in
prisons.
Review
of
practice
of
application of physical force
and special means in prisons
and training of their staff on
the elimination of unlawful or
disproportionate application of
physical force or special
means
Review opportunities and where appropriate submission of

proposals to introduce legislative amendments on insurance of
separate detention of prisoners which are part of groups or
criminal organizations, against which a final sentence is issued.
Intensification of the necessary measures regarding the
maintenance of order in the prison and prevention of violence,
and intimidation in detainees environment by reporting results.
Comparative analysis of incidences of physical force and special
means;
Examination of opportunity and advancement, where
appropriate, of promotion of proposals for introduction of
legislative amendments regarding equipping with special and
contemporary means of employees of the penitentiary system.
Thus, during the period of 2012-2013, as a result of of special investigative activity, it has been
found that 62 illicit actions were committed by prisoners, namely: 64 ill-treatments in relation to
other detainees. Subsequently, there were established 6 cases of intentional injury by convicts,
against whom criminal cases were initiated.
Measures are taken to isolate leaders of the underworld from the rest of detainees, to separate
groups of detainees with negative impact, etc. In order to counter the phenomenon of hierarchy
among prisoners, crime prevention, etc. security measures and regime and prevention are taken in
23
CPT/Inf (2012)3, paras.63-65.
CAT/C/MDA/Q/3
penitentiaries according to provisions of pct.99 of the Statute on Execution of Punishment by the

Detainees. Thus transfers of detainees from one prison to another are performed from the common
regime to the initial regime of detention (where those prisoners serve sentences isolated in cells).
As regards cases of ill-treatment among detainees, employees of penitentiary institutions have
taken the necessary measures in accordance with provisions of Article 206 of the Code of
Executions and pct.129, 133 of the Statute of Execution of Punishment by the Detainees, on
ensuring personal security of detainees at the moment when it was found out or ex officio, by their
isolation from other detainees, by using various rooms, cells for this purpose. Currently there are
341 detainees to whom personal security is ensured.
During 2012 - 2013, in the whole penitentiary system, there were registered 17 criminal cases on
ill-treatment committed, tolerated or encouraged by employees of the penitentiary system.
In order to reduce torture and ill-treatment in the penitentiary system, on 20 December 2012, the
Plan on Combating Torture and Ill-treatment in the Department on Penitentiary System was
approved. Thus, in order to achieve this purpose, the Department on Penitentiary Institutions has
set a number of objectives such as developing the internal framework of the penitentiary system in
combating torture and ill-treatment, effective investigation of torture and other ill-treatment,
insurance of medical assistance and adequate documentation of torture or other ill-treatment, etc.
During the reporting period, the Internal Security Department of the DPI has not conducted
investigation on violence between detainees.
With regard to acts of violence in Penitentiaries no.11- Balti and 17-Rezina, we inform you that
these refer to instances of application of special means and physical force by officers of the Team
with Special destination "Pantera" of the DPI against persons detained in P-11 and of the
administration staff P-17, due to physical resistance opposed by them and disobedience to legal
requirements of staff of the penitentiary. It should be noted that currently, materials on these cases
are still examined by the prosecution body, in accordance with art. 274 of the Criminal Procedural
Code.
On 18 May 2011, the Prosecutors Office of Balti, filed a criminal case under Article 309 1 para.(3).
Letter (c) of the Criminal Code with reference to the fact that, on 12 April 2011, persons from the
the Team with Special destination "Pantera" of the DPI of the M.J., being in a trip at the Prison
No. 11 in Balti, mistreated a number of detainees from this penitentiary and caused various
corporal injuries to some of them. On 11 May 2012, the criminal case was submitted for
examination to the Military Court of Chisinau. There are five employees of DDS "Pantera" of the
DIP of the M.J. as defendants in this criminal case. At the moment, the criminal case is pending
before a court. Ruling on this case has not been pronounced.
After receiving the CPT recommendations on increased vigilance of members of the staff
penitentiary institutions no.11 in Balti and no. 17 in Rezina, towards prisoners, who have been
isolated for their own safety, on 03 April 2012, the Department on Penitentiary has sent to all its
subdivisions the Note nr.4/1-1721. Thus, a request for additional training has been sent (during the
first week of April) for improving knowledge of the employees of the penitentiary system on
application on physical force and special means by staff of the penitentiary system and their
limitation to a minimum in order to control violent detainees and / or rebels; prevention of all
forms of discrimination, inhuman or degrading treatment; with the purpose of learning by the
employees of techniques on how to provide the first aid and the hygiene training programs of staff
at the mentioned compartments of the penitentiary system.
82
CAT/C/MDA/Q/3
23.
Please provide detailed information on the mandate and activities of
monitoring commissions established under Act No. 235-XVI and the outcomes of
their monitoring visits.24 How often and to how many places of detention have these
commissions undertaken unannounced visits since the consideration of the previous
report?
According to information gathered by the parliamentary advocate, in March-May 2013, to
implement the Law no. 235 of 13.11.2008 on civil control over the respect of human rights in
institutions which ensure detention, from the 32 raions of the Republic of Moldova, in 13 of them
monitoring committees were instituted. In other raions, these committees were not trained whether
within the administrative territory there is no detention institution or whether civil society
representatives did not express their interest to verify and monitor the conditions of detention and
treatment of prisoners in institutions that detain people. Since the entry into force of the Law and
up to present none of the monitoring committee submitted reports to the Centre for Human Rights
developed as a result of visits and annual generalized reports, as specified in Article 8 of the Law.
24.
Please provide up-to-date information on the current status of the
implementation of the Committees previous concluding observations (para.13) in
relation to the National Preventive Mechanism (NPM) established under the
Optional Protocol to the Convention against Torture, including any measures taken
to strengthen the independence of NPM from the Office of the Parliamentary
Advocate.
Strengthening the role and capacity of the national institutions for the Protection of Human Rights
and the national Mechanism to Prevent Torture was included as a priority measure for the
implementation of the National Action Plan on Human Rights for 2011-2014 and the Justice
Sector Reform Strategy for 2011-2016 in the Pillar VI "Human rights in the justice sector."
By the Order of the Minister of Justice of 25 November 2011, a working group for drafting
amendments to the legislative framework on the activity of the Center for Human Rights and the
National Mechanism for the Prevention of Torture was created. This working group is composed
of representatives of the Ministry of Justice, the Ministry of Finance, the Ministry of Foreign
Affairs and European Integration, the Centre for Human Rights, representatives of NGOs and
diplomatic missions in the Republic of Moldova (UNDP, UNICEF, EU Delegation, etc.). The
working group has elaborated amendments to the Law No.1349-XIII of 17 October 1997 on the
Parliamentary Advocates, for the implementation of the National Preventive Mechanism formula,
the draft procedure for approval of funding and draft amendments to the legislation in force, aimed
at consolidating the activity of the Center for Human Rights of Moldova and the National
Mechanism on Prevention of Torture.
By Government Decision no.717 of 16 September 2013, was approved and submitted to the
Parliament for examination the draft law on the Parliamentary Advocates no.371 of 18 September
2013, prepared by the Ministry of Justice, which includes a chapter with reference to the National
Mechanism to Prevent Torture.
Please provide:
(a)
24
Information on whether all members of the Consultative Council enjoy an

equal status as part of NPM.25
CAT/C/MDA/Q/2/Add.1, paras.250 ff.
CAT/C/MDA/Q/3
In order to independently exercise the function of prevention of torture, members of the

Consultative Council benefit from rights of a Parliamentary Advocate, as provided in Article 24 of
the Law no.1349-XIII of 17 October 1997 on Parliamentary Advocates: they enjoy free access to
institutions, organizations and enterprises irrespective of the type of property, non-government
associations, police commissariats and places of detention within them, to penitentiary institutions,
to places of temporary confinement, military units, the Center for placement of immigrants or
asylum seeker, institutions that provide social, medical and psychiatric assistance, special schools
for minors with behavioral deviations and other similar institutions; they have the right to request
and to receive information, documents and materials from the central and the local public
authorities, which are necessary to exercise their obligations; they have free access to any
information on treatment and conditions of detention of persons deprived of liberty; they have the
right to receive explanations from public servants of all levels over issues which need to be
elucidated; the right to unlimited meetings and personal discussions, without witnesses, and in
case of necessity, with the help of an interpreter, with persons in places of detention, as well as any
other person, which in his/her opinion, could provide necessary information; the right to involve
independent specialists and experts from different fields, including lawyers, doctors,
psychologists, representatives of civil society in carrying out preventive visits to places where
persons deprived of liberty are or might be detained.
Members of the Consultative Council are free to exercise their rights, without any pressure,
limitation or interdiction similar to the parliamentary advocate. Accordingly, they decide by
themselves when and what institutions to visit. The Centre for Human Rights of Moldova will
ensure transportation and equipment required for the visit.
According to the working procedures applied in exercise of duties of the MNPT, decisions on
selection of places where monitoring visits will be carried out, frequency of visits, the need for
involvement of specialists, elaboration of recommendations and reports about visits conducted by
members of the Consultative Council or with their participation, communication UN
subcommittee on prevention of torture, as well as other related activities, are jointly adopted at the
meeting of the Consultative Council, which is chaired by the ombudsman who is also the President
of the Consultative Council.
(b)
Information on whether members of the National Preventive Mechanism are

able to conduct regular and unannounced visits to all places of detention
including those in the Transnistrian region, without restriction. Please provide
data on the number of visits that members of NPM have made to places of
detention, whether the visit was announced in advance or unannounced, the
detention centre visited and the location of the detention centre, the date of
the visit, whether a report was issued, and whether it was made public. Have
NPM members been denied prompt access to places of detention or detention
registries during the reporting period? If so, please describe measures the
State party is taking to discipline the officials responsible.
The mandate and rights of members of the Consultative Council were brought to the attention of
all institutions, which will be visited according to the requirements set in the Optional Protocol of
the Convention against Torture and other Cruel, Inhuman or degrading treatment. In every police
station there were installed information boards containing the relevant information on the
functioning of the MNPT, useful for employees of the Ministry of Internal Affairs and for detained
persons. These actions have contributed to the reduction and, to date, exclusion of cases of
restriction of access of members of the MNPT in these institutions. Currently, persons that ensure
the activity of the National Mechanism on Prevention of Torture do not face impediments to visit
25
84
CAT/C/MDA/CO/2/Add.1, paras.4-17; A/HRC/10/44/Add.3, paras.73-74;

CCPR/C/MDA/CO/2, para.10; CPT/Inf (2012)3, paras.7-9.
CAT/C/MDA/Q/3
places of detention. Rarely there are recorded isolated cases of restricted access of members of the
MNPT in the visited institutions for a short period of time. In each of these cases the parliamentary
advocate who is responsible for activity of the MNPT reacts immediately, as appropriate under
his/her mandate.
Members of the Consultative Council have the right to choose independently places which they
intend to visit and persons they want to discuss with. In order to conduct a preventive visit a prior
notice or permission from any authority is not required. Ombudsman and member of the
Consultative Council have the right to train specialists and independent experts in various fields,
including lawyers, doctors, psychologists, representatives of civil society to participate in
preventive visits. During preventive visits they can be use cameras, audio or video recording, with
the consent of the person who will be recorded; measurement devises for environment 4 in 1
Voltcraft, which provides comparative measurements in the fields of light, humidity, acoustic level
and temperature.
Reports on the results of the visits include information about the material conditions of detention
and the respect for human rights with reference to distinct aspects such as nutrition, health care,
diet and activities. Reports include conclusions and recommendations of the National Mechanism
on prevention of torture. Reports drawn up following visits are sent to the administration of visited
institutions and, where appropriate, to a superior institutions. Article 22 of the OPCAT requires the
competent public authorities to examine MNPT recommendations and to communicate with them
on possible implementation measures. Implementation of recommendations is verified mainly
through correspondence by monitoring the deadline for reply.
Where recommendations are not implemented or if violations are recorded during visits, reports of
visits are made public through available sources, including on the website of the Centre for Human
Rights of Moldova (CHRM) www.ombudsman.md. In 2012, 44 reports of visits were uploaded on
this website, in the first semester of 2013 - 15 reports.
Following the requirements stated in Article 23 of OPCAT, annually is elaborated the "Report on
the activity of Parliamentary Advocates and members of the Consultative Council in light of
provisions of the Optional Protocol to the UN Convention against Torture and Inhuman or
Degrading Treatment or Punishment". The report includes information about visits to institutions
that detain persons, a description of problems in the system and recommendations for each type of
institution. The report is made public through accessible means, including via the website of the
CHRM, the printed version is included in the report on human rights in the Republic of Moldova
in the previous year, in a separate chapter, which is submitted to the Moldovan Parliament.
Currently, this is the best option to achieve the desired impact on the public.
The table below gives an overview of all the places visited in the course of MNPT between 2009
and the first half of 2013:
Type of institutions visited
Subordinated institutions of the Ministry
of Interior Affairs (preventive detention
confinements)
Institutions subordinated to the Ministry
of Justice (penitentiary institutions)
of Health (psychiatric hospitals)
of Labor, Social Protection and Family
(psycho-neurological boarding)
Military units of the Armed Forces
(military units)
Total
2009
2010
2011
2012
155
I semester
2013
70
Total
(2009-2013)
536
73
83
155
44
39
70
60
28
241
17
14
27
12
52
125
126
238
251
120
860
CAT/C/MDA/Q/3
*no distinct data is collected

Visits are made by parliamentary advocates / the CHRM employees and members of the
Consultative Council, if available. Thus, from the 251 visits in 2012, 235 visits were made by
parliamentary advocates and employees of the institution; 10 visits - by members of the
Consultative Council and 6 visits - by members of the Consultative Council with parliamentary
advocates or employees of the CHR.
The table below provides an overview of the number of visits, depending on the composition of
the monitoring group:
Composition of the monitoring group
2009
Parliamentary Advocates and/or employees of the CHR
71
Parliamentary Advocates / employees of the CHR and
22
members of the Consultative Council
Members of the Consultative Council
32
Number of visits
2011
2012 I semester 2013
211
235
116
16
6
4
2010
94
21
11
11
10
total
727
69
64
Members of the Consultative Council conduct visits depending on their free time they can devote
to these activities.
The number of visits conducted by the CHR significantly increased due to the acquisition, at the
end of 2011, with the support of the EU Delegation in Moldova, of 3 vehicles for the institutions
representatives who have been actively involved in preventive visits to institutions located in the
respective administrative territory.
(c)
Examples of measures taken by the authorities in response to reports of NPM,

and on any investigations into torture or ill-treatment, in line with the
information provided in the State partys follow-up submission to the
Committee (para. 14).
With the increase of the number of visits, an increase of number of cases where parliamentary
advocates were involved was recorded, together with opinions/ recommendations to improve
behavior, detention conditions and torture prevention, general recommendations related to
insurance of human rights, to improving the activity of the headquarters, steps to initiate the
disciplinary process / prosecution of persons who have committed significant violations of human
rights, proposals to amend legislation.
The table below provides an overview of acts of reaction developed as a result of activities to
prevent torture between 2009 and the first half of 2013:
Type of acts
2010
2011
2012
I semester
2013
Opinions with recommendations to
improve behavior towards detainees,
detention conditions and prevention of
torture.
General recommendations on ensuring
human rights, on improving activities
of the administration.
Measures to initiate
disciplinary/criminal process of
persons who have committed
significant violations of human rights
86
Total
(2008-2013)
34
28
35
12
109
17
(2/15)
9
(2/7)
13
(1/12)
8
(1/7)
47
(6/41)
CAT/C/MDA/Q/3
Type of acts
Proposals to amend legislation
2010
2011
2012
I semester
2013
Notes with recommendations are submitted to the administration of institutions visited and are
included in the report on the visit. They usually contain recommendations with reference to prison
conditions, health care, relationships between prisoners and administration, financial aspects of
penitentiaries. In the majority of cases the prisons administration reacts promptly to meet
recommendations submitted, unless they depend on significant financial investments.
In addition to these systemic problems, in 2012, for the first time, the parliamentary advocate
addressed the problem of irregular relations between detainees, especially aspects of a vulnerable
group of sentenced persons - the so-called "humiliated prisoners" which has been included in the
Report on Respect for Human Rights in Moldova in 2012, in the chapter "Activity of ombudsmen
and members of the Consultative Council from the perspective of provisions of the OPCAT."
Letters to initiate disciplinary/ criminal process against persons who committed significant
violations of human rights are formulated in situations where there is reasonable suspicion of
misconduct or crimes committed by employees of Detention Institutions. Requests to initiate
disciplinary process are sent to the head of the institution where the concerned employee works
and requests for instituting criminal proceedings are sent General Prosecutor's Office.
In 2010, two criminal cases were initiated at the request of the parliamentary advocate. In relation
to 13 criminal cases there were no grounds for instituting criminal proceedings and two cases on
instituting procedures to disciplinary proceedings were not initiated.
In 2011, three criminal cases were initiated, 4 requests to initiate criminal cases were not taken into
account and two requests on initiation of disciplinary proceedings were not complied with.
In 2012, 3 criminal proceedings are initiated, 9 requests have not been taken into account; no
requests for initiating disciplinary proceedings have not been taken into account;
In the 1st semester of the 2013 year, 2 criminal cases were initiated; 5 requests were not initiated,
the request for initiation of disciplinary proceedings has not been initiated.
(a)Any measures taken to increase the financial resources of NPM and public awareness of its
work.
In the Republic of Moldova, no increase in financial resources from the state budget for the
creation and implementation of the National Mechanism for Prevention of Torture has been
planned. In 2009-2011 the activity of the MNPT has been supported under the project "Support to
Strengthen the National Preventive Mechanism against Torture in accordance with the Optional
Protocol to CAT" funded by the European Commission and co-funded by the UNDP".
Activity of members of the Consultative Council is based on volunteering principles, supported by
the individual commitment of each member to prevent and combat torture and is not inspired by
the desire to earn money. However, to encourage more active participation of the members of the
Consultative Council in the implementation of assignments of the national mechanism for
prevention of torture and in response to their requests, the CHRM has identified the opportunity to
reward their work. Through decisions taken at the meeting of the Consultative Council of
21.07.2010, jointly with the ombudsman responsible for the MNTP, it was decided to conclude
agreements to pay for each visit made. According to thi kind of contracts, members of the
Total
(2008-2013)
2
CAT/C/MDA/Q/3
Consultative Council are paid for the time devoted, given the average monthly wage in the
economy.
The CHRM has funded and funds preventive visits (visits in the territory) and the remuneration of
experts from different fields who can be engaged to perform these visits. At present, the Centre for
Human Rights of Moldova has the financial resources necessary for travel and for remuneration of
experts which accompany, if necessary, the ombudsmen / employees of the institution and
members of the Consultative Council.
The CHR budgets for 2012 and 2013 allowed to conduct information campaigns for employees of
institutions in whose custody there are inmates and national public information campaign under
the slogan "Zero tolerance for torture".
Ombudsmen give great importance to dissemination of information regarding the MNPT at
national level by all possible means: radio and TV broadcasts, public lectures, conferences and
round tables, periodicals.
For example, during 2011, with the support and in partnership with UNDP Moldova an
information campaign on prevention of torture and other cruel, inhuman and degrading treatment
in Moldova Tortura lasa urme was launched. Within this campaign, billboards were installed in
Chisinau and were developed two types of informative videos: for popularization of the relevant
legislative provisions to prevent torture and to inform citizens about the Green Line of the
National Preventive Mechanism against Torture, the popularization of the Convention against
Torture and other Cruel, Inhuman or degrading treatment. The video sequences, with a length of 2
minutes each, were disseminated on the National TV over two months, three times per day.
In July 2012, on occasion of the 5 years anniversary from the establishment of the national
mechanism for prevention of torture in Moldova, three national television stations and four
regional TV stations disseminated repeatedly these videos during 4 weeks.
In 2013, the Centre for Human Rights of Moldova, together with the Centre for Rehabilitation of
Victims of Torture, campaigned monthly to support victims of torture and the prevention of torture
which included about 25 activities: press conferences, round tables, banners "zero tolerance for
torture" were placed in 20 districts of the country. This was accompanied by publication and
dissemination of information materials, lectures and training for prison staff.
Articles 12 and 13
25.
In light of the Committees previous concluding observations (para.28),
please provide detailed statistical data on complaints relating to torture and illtreatment submitted during the reporting period, disaggregated by body receiving
the complaint, crime committed, ethnicity, age and sex. Please indicate how many of
these complaints were investigated, how many led to criminal prosecution, and how
many prosecutions resulted in convictions, and the penal or disciplinary sanctions
applied. Please also include data regarding sanctions imposed for the crimes of
attempting to commit torture and complicity in torture. Please indicate whether such
statistics are made available to the general public, and if so, where they are
published. Please also provide information on steps taken by the State party to make
confidential complaints mechanisms accessible to all persons, including those in
detention.
Statistical data on the number of complaints in which torture / ill-treatment has been claimed:
Year 2011
88
CAT/C/MDA/Q/3
Article
from the
C.C.
Total number of
complaints from the
prosecutors control
compl Own
aints initiative
Number of refusal
decisions adopted
under article 275,
paragraph 1) -3) of
CPP
complaints Own
initiative
Number of decisions on
Number of
refusal adopted on other Criminal Cases
bases
initiated
complain Own initiative Complaint Own complai Own

ts
s
initiativ nts
initiative
e
Art.309
32
11
26
10
Art.309/1
200
95
161
81
Art.328
alin.2),3)
476
111
393
86
Art.368
19
Art.370
(violence
applied)
TOTAL:
717
241
958
Number of
complaints pending
(at 01.01.2012)
24
14
10
50
32
13
14
583
185
80
28
51
24
768
4
7
108
75
CAT/C/MDA/Q/3
Year 2012
Number of total
complaints to
prosecutors
art.166/1
art.309
art.309/1
art.328
alin.2),3
art.368
art.370
(violence
applied)
Number of decisions to
No. of total
No. of criminal
No. of complaints
refuse on the basis of Art. decisions for refuse cases initiated
remained in the
275 pct.1)-3) of CPP
adopted on the
process by 01.01.2013
basis of other
grounds
Complai Own
complaints
Own
complaiOwn
Compla Own
complaints Own
nts
initiativ
initiative nts
initiative ints
initiative
initiative
e
4
5
2
1
3
3
13
5
11
5
1
1
294
97
232
89
7
1
48
6
7
2
407
102
324
86
22
5
45
9
16
1
27
4
10
2
7
3
749
221
577
183
30
18
1
9
2
114
26
28
TOTAL:
970
760
36
140
The analysis of complaints on torture and other forms of ill-treatment, registered by prosecutors
during 2012 reveals that in most cases with actions that clearly exceed the legal framework, are
admitted especially against person suspected, accused of having committed crimes or convicted
for criminal offenses. Thus, the total number of complaints recorded in this period (970), from
which in 604 was alleged ill-treatment on this categories of victims, which represents 61%.
In the case of 271 complaints, approximately in every fourth complaint, were cited facts of illtreatment of other persons. Although these did not qualify as crimes, they had either other
procedural status (injured parties, witnesses, etc.) or they were without such status. In 94 cases illtreatment have been brought to justce (9.6%).
In specific cases where the personality of the victim may have special significance, minors are
usually concerned. They are a special vulnerable group. In particular, it should be noted that the
consequences of ill-treatment on children may differ significantly from the consequences on adults
who have undergone similar treatment. In the analyzed period, in 39 complaints submitted to the
prosecutor minors were victims of ill-treatment, compared to 35 recorded in 2011 and 33 in 2010.
It points out that every year the situation changes and there is an increasing tendency of these
complaints. At the same time, it must be taken into account that there are indications that certain
types of violence against children, in particular forms of psychological abuse, are inadequately
identified or, if identified, are recorded and reported incorrectly for taking appropriate actions.
Those mentioned are reflected in the table below:
Characteristics of complaints resulting from the status of the alleged victim of torture or other illtreatment (year 2012)
90
34
CAT/C/MDA/Q/3
Art.166/1
Criminal Code
Art.309
Criminal
Code
Art.309/1
Criminal
Code
Art.328
al.2) i 3)
Criminal
Code
Art.368
Criminal
Code
suspects, accused,
convicted
/ including minors
11
291
296
1
3
1
6
19
91
8
129
4
9
3
84
18
2
391
1
509
25
12
Other parties to
the process
(victims,
witnesses, persons
without process
statute)
/ including minors
Offenders /
including minors
TOTAL
Complaints
registered in 2012/
including minors
Art.370
TOTAL
(violence) complaints registered
Criminal
in 2012
Code
604
37
29
272
7
94
37
Simultaneously, from the 970 complaints filed in 2012, results that, during their stay in the
premises of the police inspectorate, police applied the most often prohibited inhuman, humiliating
and degrading methods (326 complaints of this kind or 34%). Thus, we emphasize that the risk of
intimidation and physical ill-treatment is biggest during the person's stay in these places.
Abuses allegedly committed in the street or other public places are common (24%).
In 126 complaints, allegation of ill-treatment refers to their application in the penitentiary
institutions (13%). Complaints about the use of violence inside sectors, police stations and other
rooms (11%) follow.
Cases of ill-treatment committed in detention centers under the Ministry of Interior Affairs, were
reflected in 73 complaints (7.5 %). In this section, it is necessary to indicate the practice of the
European Court of Human Rights and in particular the case "Ribitsch vs. Austria" reviewed by this
Court on 12 April 1995. It was explicitly mentioned that "... the State is responsible for any person
in detention because it is entirely in the hands of the police. In the situation in which injuries are
caused in detention, it is the responsibility of the Government to administer evidence which will
question the victim's version, especially when the latter is backed by medical documents." In fact,
the burden of proof falls upon the authority in whose custody the detained person is, placed at the
disposal of a state body or according to its order, with his consent or tacit agreement, obligation
arising from provisions of Article 10 para. 3/1 of the Criminal Procedure Code.
3
970
39
CAT/C/MDA/Q/3
It will be mentioned that ill-treatment can be committed not only in the premises of public
institutions or in detention, but in actual residence of the victim. This is demonstrated by 54
complaints of this kind of alleged violence at the residence of the victim, which constitutes 5.5%
of the total number of cases in 2012.
Other 41 complaints relate to violence committed in military units (4%). We would like to mention
that every man and citizen, every soldier has the right not to be subjected to torture or inhuman
and degrading punishment because their prohibition is absolute. This right is part of the "difficult
nucleus" of human rights where any exception is not allowed, regardless of alleged motive either
order and military discipline or obligation to perform without hesitation orders or protection of
national security and public order or the state of war. On the other hand, however, it is observed
the situation when the army faces what can be defined as "not regulamentary practices" or
"initiation rites" of soldiers in mysteries "of military life by veterans"; the latter are actually small
sub-unit commanders or equal in rank to their victims and often irregular or initiation practices are
encouraged or even tolerated by officers in the idea of establishing a climate of order and
discipline requiring blind obedience and fulfillment of orders without question and objection. If we
all agree that the military should be characterized by carrying out tasks and hierarchical obedience
of orders, similarly true is that, in reality, practices which are not according to the law, "initiation
rituals" represents acts of torture and inhuman and degrading treatment. Ultimately this is why
they do not influence the grade of a military environment, order and discipline, jeopardizing the
effectiveness of the tasks. In these circumstances, public authorities with responsibilities in the
management and control of the armed forces, as military commanders at all levels of the hierarchy,
have obligations to identify ways to defend the rights of a soldier not to be subjected to torture or
exposed to inhuman and degrading punishment.
There was no recorded case of alleged violation or ill-treatment by staff of psychiatric facilities to
patients of these institutions. Accordingly, two observations arise. It might indicate a possible
respect for human rights in these institutions and absence of fundamental human rights violations.
It might however indicat that, if there are deviations in psychiatric institutions or violations of
rights of persons who are admitted to these institutions, then their rights are violated severely and
profoundly so that their right to access to justice is restricted, so that they have no possibility to
file complaints and the decision makers of these institutions are not only involved in potential
illegalities, but also tolerate their existence.
In such circumstances, it is necessary to conduct control of activities of psychiatric institutions
with involvement of specialists with narrow field such as representatives of the Ministry of Health,
as well as prosecutors and representatives of civil society, in order to establish the existence or
inexistence of those indicated above.
Numerical breakdown of complaints according to loci of commitment of acts of torture and ill-treatment (2012)
In the penitentiary
institutions
In offices of the IDP
of CPr, CPs, CGP,
CNA ...
Inside the police
stations
92
art.166/1
art.309
art.309/1
art.328
art.368
al.2) and 3)
of the of the Criminal of the
Criminal
Code
Criminal
Code
Code
45
77
art.370
(Violence)
of the
Criminal
Code
TOTAL
Complaints
registrered
in 2012
of the
Criminal
Code
3
of the
Criminal
Code
1
37
26
73
177
141
326
126
CAT/C/MDA/Q/3
(apart from IDP)

inside sectors, police
stations
or other spaces
Inside psychiatric
institutions
within military units
in the street or other
public space
at the residence of the
victim, denouncer
TOTAL
Of complaints
registered in 2012
/ including minors
art.166/1
art.309
of the
Criminal
Code
of the
Criminal
Code
art.309/1
art.328
art.368
al.2) and 3)
of the of the Criminal of the
Criminal
Code
Criminal
Code
Code
58
56
53
2
174
21
33
391
509
18
art.370
(Violence)
of the
Criminal
Code
TOTAL
Complaints
registrered
in 2012
116
36
1
3
2
41
234
54
37
970
The analyses of complaints, based on purposes of application of violence, has identified the
following objectives pursued:
- to obtain evidence through illegal methods aimed at gathering information or confessions (312
such complaints or 32% of the total of 970 complaints);
- to punish the victim (245 such referrals or 25%);
- to impose superiority over the victim by neglecting general rules of conduct (145 such
complaints or 15%);
- to apply an excessive use of force at the moment of arrest of a person, as a result of abusive
exercise and without knowledge of legislation and of service obligations (177 complaints in this
category and 18%);
- to intimidate or discriminate (91 complaints or 9%).
In most cases, police officers apply violence in order to obtain self-incriminating confessions from
people, actions which to a certain extent are generated by trends to gather statistics favorable to
discover crimes.
Unfortunately, despite their efforts, these trends persist in the Ministry of Internal Affairs.
In this context, it is necessary to give priority to professional training of police officers; to
accomplish the relevant professional training that would integrate the principles of human rights as
an essential component of the strategy to prevent ill-treatment.
It is necessary to have such training on a permanent basis and available to all police officers. It
should explain and develop two elements: first, all forms of ill-treatment are an offense to human
dignity and are incompatible with the values stipulated in Article 24 para.2 of the Constitution and
other international instruments ratified by the Republic Moldova.
Secondly, the use of ill-treatment is a fundamental ineffective method to extract valid confessions,
which would not strengthen the fight against crime. Modern techniques of hearings and
prosecution give better results in terms of personal security and legality of evidence gathering.
Distribution of complaints of torture and other ill-treatment depending on the purpose of application of violence
(2012)
art.166/1
of the
art.309
of the
art.309/1
of the
art.328
al.2) and 3)
art.368
of the
art.370
(violence)
TOTAL
Complaint
CAT/C/MDA/Q/3
Criminal
Code
in order to punish the
victim for committing
an act or alleged act
in order to obtain
information or a
confessions
with the purpose of
intimidation or
discrimination
in order to prove the
superiority and
importance
excessive use of force
at the moment of arrest
TOTAL
Complaints registered
in 2012
Criminal
Code
Criminal
Code
of the
Criminal
Code
Criminal
Code
98
142
16
239
55
14
75
23
81
35
4
2
2
1
17
156
18
391
509
registered
in 2012
of the
Criminal
Code
245
312
91
37
145
177
970
Analyzing specific complaints in light of application of methods of torture and ill-treatment, it was
found that they are structured especially on two indicators.
From the total number of complaints recorded actions committed as beating by applying blows
with hands and kicks prevail, constituting 641 complaints, or 66%.
Complaints involving the use of a firearm, special tools, and other items adapted for this purpose
(sticks, water bottles, books, etc.) have reached 108, which represents 11%.
What follows is a table with date on complaints of torture and other ill-treatment according to
forms of violence applied (a.2012)
Art.166/1
Art.309
Art.309/1
Criminal
Code
Criminal
Code
1
Criminal
Code
38
243
347
24
24
22
85
Imprisonment as a
method of inhuman
or degrading
treatment
Hits with hands and
feet
Physical and
psychological
violence after
handcuffing
Violence by applying
special techniques,
use of a firearm,
special tools, and
other items suitable
for this purpose
94
Art.328
Art.368
al.2) and 3)
Criminal Criminal
Code
Code
2
37
Art.370
(violence)
Criminal
Code
TOTAL
Compliants
registered in
2012
41
641
49
108
CAT/C/MDA/Q/3
(sticks, bottles with

water, books ...)
Suspension
(Palestinian hanging
"")
hitting the sole
The use of electric
shock
Sexual abuse
Other ...
TOTAL
in 2012
/ including minors
Art.166/1
Art.309
Art.309/1
Criminal
Code
Criminal
Code
Criminal
Code
Art.328
Art.368
al.2) and 3)
Criminal Criminal
Code
Code
Art.370
(violence)
Criminal
Code
TOTAL
Compliants
registered in
2012
1
1
2
9
12
18
62
391
50
509
25
12
37
2
6
The severity of injuries to alleged victims of torture and inhuman or degrading treatment has also
been studied.
It was established that in the highest number of appeals, 635 out of 970, in other words 65% of
cases the victims have suffered physical pain or distress, there were no visible injuries on the body.
In such a case, prosecutors will be aware that there are methods of application of force that leaves
no trace on the body, a method that gets wide spread among police officers. Prosecutors who
investigate cases of torture and other ill-treatment must be trained to effectively investigate
especially this kind of ill-treatment.
In this regard measures were taken during the period of reference, as both prosecutors of the
Section Combat Torture and some of the prosecutors responsible for investigating cases of torture
and ill-treatment of the regional and specialized prosecutor were trained in three workshops
organized at the National Institute of Justice through a joint program of the Council of Europe and
the European Union on "Strengthening measures against ill-treatment and impunity".
Simultaneously, it can be highlighted the importance and effectiveness of these seminars attended
by mixed groups composed of prosecutors and judges (judges from courts of all levels).
In the same context, the recommendation of the UN Committee against Torture is relevant, which
stressed the need for psychological evaluations of victims which can provide critical evidence of
abuse of victims of torture, for several reasons: torture often cause devastating psychological
symptoms; methods of torture, as mentioned, are often designed to leave no physical traces.
In order to create real conditions to achieve these psychological assessments, the Law No. 66 of
05.04.2012, Article 143 para.1 of the Criminal Procedure Code was supplemented by point 31
which establishes the obligation of arrangement and performance of expertise to determine the
psychological and physical status of a person against whom it is claimed that acts of torture,
inhuman or degrading treatment were committed.
Under the Law nr.252 of 08 November 2012 for amending and supplementing certain acts of the
same Code, Article 147 was supplemented with paragraph 11, which states that in cases of torture,
it is mandatory to perform a complex expertise, with medico-legal examination, psychological
and, where appropriate, other forms of examination. This rule will create the necessary conditions
for granting of a complex expertise of alleged torture, or this, as noted, means both consequences
of physical nature and mental consequences.
128
970
39
CAT/C/MDA/Q/3
Simultaneously, cases when ill-treatment of persons resulted in injuries were recorded as:
- insignificant in 214 complaints, or 22%;
- light in 91 cases, representing 9%;
- average, in 25 cases, which is 2.5% (complaints of this kind have been recorded in the following
territorial prosecutors office specialized and Chisinau (5) district Buiucani (3) Cahul (2) Cueni
(2) and one in each office in Sngerei, Ungheni, Rezina, Streni, Nisporeni, Rcani district,
Centru district, Soroca, Orhei, Comrat, military Cahul, Chisinau military, Department for
combating torture of the General Prosecutors Office of the Republic of Moldova);
Severe in 5 complaints or 0.5% (Chisinau (4), military Chisinau (1)).
No cases of maltreatment of a person resulting in death of the victim were registered.
Distribution of complaints of torture and other ill-treatment according to the gravity of injuries
suffered (2012):
Art.166/1
Criminal
Code
resulted in death of
the victim
serious injury
average injury
light injuries
minor injuries
other physical pain or
distress
TOTAL
Decisions registered
in 2012
/ including minors
Art.309
Criminal
Code
Art.309/1 Art.328
Art.368
Criminal al.2) and 3)
Code
Criminal Criminal
Code
Code
5
4
18
3
8
39
77
264
18
391
Art.370
TOTAL
(violence) Complaints
Criminal registered in
Code
2012
1
16
50
121
321
1
1
1
10
24
1
1
4
5
25
91
214
635
509
37
970
According to the author of torture or other ill-treatment, most of the complaints relate to employees of the
Ministry of Internal Affairs:
- Actions committed by employees of the criminal police of the MIA (387 complaints or 40% of
the total 970 complaints);
- Other employees of the MAI (including the Carabineers) (381 complaints or 39%);
- Other complaints relate to other subjects, as follows:
- Employees of the Department of Penitentiary Institutions - 134 referrals (14%);
- Investigators - 27 complaints (3%);
- Employees of the Ministry of Defense - 14 complaints (1.4%);
prosecutors 11 complaints (1,1%);
- Employees of the Special Purpose Detachment "Pantera" the Department of Penitentiary
Institutions - 10 complaints (1%);
- Other people in public positions, public or with public dignity - 5 complaints (0.5%);
Only one complaint regarding actions of illtreatment by CNA employees was recorded.
Numerical breakdown of complaints by subjects accused of acts of torture and other ill-treatment (2012):
96
CAT/C/MDA/Q/3
Actions committed
by
prosecutors
Actions committed
by
Criminal
investigators
actions committed by
the criminal police of
MIA
other employees of
the MIA (including
carabineers)
employees of the
DDS "Pantera" by
the DIP
acts committed by
other employees of
the DIP (apart from
DDS "Panther")
actions comited by
employees CNA
employees of the
Ministry of Defense
Actions committed
by
other persons of
public persons,
public or of public
dignity
TOTAL
Complaints
registered in 2012
/ including minors
art.166/1
art.309
Criminal
Code
Criminal
Code
2
art.309/1
art.328
art.368
al.2) and 3)
Criminal Criminal Criminal
Code
Code
Code
Criminal
Code
7
2
art.370
(violence)
Criminal
Code
TOTAL
Conmplaints
registerate
2012
11
19
27
188
189
387
109
237
10
62
69
134
21
13
18
391
509
37
381
14
5
970
CAT/C/MDA/Q/3
Complaints examined in the first half of 2013:

Art.
C.C.
Article 309
art.1661 alin.
(1), (2)
(art.328 para.
(2), (3))
art.1661 para.
(3), (4)
(art.3091 )
art.368
Total number of
complaints in
prosecutors
jurisdiction
Number of rejection Number of rejection Number of

decisions adopted decisions taken on cases initiated
under art.275 pct.1)other grounds
3) of CPP
Complai Recoded Comp Recoded cases Compla Recoded

nts
cases laints
ints
cases
5
2
4
2
214
77
158
63
57
28
41
art.370
(violence
applied)
TOTAL:
281
113
203
394
Number of
complains
pending by
01.07.2013
Comp Recoded Complai Recoded

laints cases
nts
cases
1
36
19
25
13
55
15
22
92
295
3
4
70
25
Characteristics of complaints based on the status of victim of alleged torture and other ill-treatment (6 months in
2013)
Art.309 Art.1661para.
Art.1661
Art.368
Art.370
TOTAL
(1), (2);
para. (3), Criminal (violence) Complaints
criminal
art.328
(4);
Code
Criminal
registered
code
para.(2), (3)
art.3091
Code
in 6 months
of the Criminal Criminal
2013
Code
Code
suspects, accused, convicted
/ Including minors
other participants (injured

parties, witnesses, people without
procedural status)
/ Including minors
offenders
/ Including minors
TOTAL
complaints registered in 6
98
163
73
80
10
1
48
3
291
85
242
8
102
1
50
3
394
CAT/C/MDA/Q/3
Art.309 Art.1661para.
Art.1661
(1), (2);
para. (3),
criminal
art.328
(4);
code
para.(2), (3)
art.3091
of the Criminal Criminal
Code
Code
months 2013
/ including minors
Art.368
Criminal
Code
Art.370
(violence)
Criminal
Code
TOTAL
Complaints
registered
in 6 months
2013
12
Numerical breakdown of complaints by the place of committed acts of torture and other ill-treatment (6 months
in 2013)
Art.309 Art.1661alin.(1), Art.1661alin.(3), Art.368
Art.370
TOTAL
(2);
(4);
Criminal (violence) Complaints
in Criminal
art.328
art.3091
Code
Criminal
registered
Code
para.(2), (3)
Criminal Code
Code
in 6 months
Criminal Code
2013
In penitentiary
1
33
9
43
institutions
In the rooms of the
2
11
7
20
IDP
of CPr, CPs, CGP,
CNA ...
inside the police
4
73
45
122
inspectorate (except
IDP)
sectors inside, police
35
8
43
stations and other
places
inside psychiatric
institutions
On the territory of the
1
9
2
12
military units
In the street or other
102
15
117
place
At the residence of the
36
1
37
victim, whistleblower
TOTAL
7
291
85
9
2
394
in 6 months 2013
Distribution of complaints of torture and other ill-treatment depending on the purpose of application of violence
(6 months in 2013)
Art.309 Art.1661para. Art.1661para. Art.368
Art.370
TOTAL
Criminal
(1), (2);
(3), (4);
Code
art.328
art.3091
Criminal Criminal registered in 6
para. (2), (3) Criminal Code
Code
Code
months in
Criminal Code
2013
In order to punish the victim
70
17
87
to commit an act or alleged
act
In order to obtain information
7
53
55
115
or a confessions
CAT/C/MDA/Q/3
Art.309
Criminal
Code
the purpose of intimidation or
discrimination
in order to prove the
supremacy and importance
excessive use of force when
retention
TOTAL
Complaints registered in 6
months in 2013
Art.1661para. Art.1661para. Art.368

(1), (2);
(3), (4);
art.328
art.3091
Criminal
para. (2), (3) Criminal Code
Code
Criminal Code
40
3
3
62
66
291
85
Art.370
TOTAL
Criminal registered in 6
Code
months in
2013
46
2
75
71
394
Distribution of complaints of torture and other ill-treatment according to the criteria of form of violence (6
months in 2013)
Art.309 Art.1661para.1, 2; Art.1661para.3, 4; Art.368
Art.370
TOTAL
art.328
Art.3091
Criminal (violence) Complaints
Criminal
para.2, 3
Criminal code
Code
Criminal
registered
Code
Criminal Code
code
in 6 months in
2013
Imprisonment as method
2
2
of inhuman or degrading
treatment
Hit with hands and feet
1
188
67
9
1
266
Physical and
3
17
6
26
psychological violence
after handcuffing
Violence by applying
special techniques, use
24
2
26
of a firearm, special
tools and other items
suitable for this purpose
(sticks, water bottles,
books ...)
Suspension (Palestinian
1
1
hanging "")
Beating at soleplate
1
1
2
(falaka)
The use of electric shock
1
1
Sexual abuse
Other ...
3
58
8
1
70
TOTAL
complaints registered in
7
291
85
9
2
394
6 months 2013
/ including minors
Distribution of complaints about torture and other ill-treatment according to the criterion of gravity of injuries
incurred
Art.309 Art.1661para.1, 2; Art.1661para.(3),
Criminal
art.328
(4);
100
Art.368
Art.370
(violence)
TOTAL
Complaints
CAT/C/MDA/Q/3
Code
resulted in
death of the victim
resulted in
serious injury
resulted in
medium injury
resulted in
light injuries
resulted in
minor injuries
resulted in other
physical pain or distress
TOTAL
complaints registered in
6 months 2013
/ including minors
para.2, 3
Criminal Code
Art. 3091
Criminal Code
Criminal
Code
Criminal
Code
registered
in 6 months
2013
1
25
64
30
197
42
253
291
85
394
34
97
Numerical breakdown of complaints by subject which is accused of committing acts of torture and other illtreatment
Art.309 Art.1661para.1, 2;
art.328
art.1661para.3, 4; art.368
art.370
TOTAL
Criminal
para.2, 3
art.3091
Code
Criminal Code Criminal Code Criminal Criminal registered in 6
Code
Code
months in
2013
1
3
4
prosecutors
1
7
8
investigators
MIA in the criminal
4
110
55
169
police
other collaborators more
(including the
Carabinieri)
DDS employees
"Pantera" the DIP
other collaborators DIP
(apart from DDS
"Panther")
CNA staff
employees of the Ministry
of defence
officials
127
21
34
155
43
1
2
12
CAT/C/MDA/Q/3
Art.309 Art.1661para.1, 2;
art.328
art.1661para.3, 4; art.368
Criminal
para.2, 3
art.3091
Code
Criminal Code Criminal Code Criminal
Code
TOTAL
Complaints registered in 6
months in 2013
/ including minors
291
85
art.370
TOTAL
Criminal registered in 6
Code
months in
2013
394
Investigations conducted in criminal investigations

Statistics about sentences issued in criminal cases which were administered by prosecutors responsible for
investigating cases of torture in the territorial and specialized prosecutor offices for 2009-2011:
Art Criminal cases pending (01.01.
.
CC
2009
2010
2011
309
309
25
2012
-
48
Criminal cases initiated in Criminal investigation

the period:
stopped on the basis of
art.275 pct.1-3 Criminal
Procedural Code during
the period of:
Criminal investigation
stopped
For other reasons in the
period
c.p.expediate n instana de
judecat n perioada anului:
2009
2010
2011
2009
2010
2011
2009
2010
2011
2009
2010
2011
76
40
28
22
33
25
10
18
13
76
62
58
44
25
54
14
25
14
31
36
45
328
61
33
48
368
19
27
26
10
21
180
131
108
69
58
84
15
36
65
36
6
370
92
tota
l
102
63
99
87
CAT/C/MDA/Q/3
Art Criminal cases pending (01.01.

.
CC
2009
2010
2011
Criminal cases initiated in Criminal investigation

the period:
stopped on the basis of
art.275 pct.1-3 Criminal
Procedural Code during
the period of:
2012
2009
2010
2011
2009
2010
2011
Criminal investigation
stopped
For other reasons in the
period
2009
2010
2011
c.p.expediate n instana de
judecat n perioada anului:
2009
With reference to the statistics for 2011, which result from the examination of cases pending
before Courts, we can mention that, on the basis of Art.309/1 of the Criminal Code, 9 people were
sentenced in relation to 11 people. All sentences were imposed on policemen, including three
sentences in relation to 4 people, from which 2 police officers were sentenced with imprisonment
(following consideration of the defendants' appeals, the decision of the Criminal Court of Appeal
Balti criminal proceedings in respect of these two officers was stopped), 2 other policemen were
sentenced with imprisonment according to Article 90 of the Criminal Code and released on
probation. Regarding these 4 policemen additional punishments i.e. deprivation of the right to
work in the MIA were applied. Courts have issued 6 decisions in which 7 policemen have been
found not-guilty. All these decisions have been challenged by prosecutors. This court decisions are
still pending.
Under Article 328 para. (2) and (3) of the Criminal Code, courts issued 24 rulings concerning 41
people. From those rulings (24 /41), 13 concern 24 police officers. From these, one ruling was to
imprison a policeman, 22 policemen are on probation, one officer was sanctioned with a fine. 23
policemen have bee deprived of the right to work in MIA bodies. One sentence of criminal
proceedings was terminated in respect of an officer according to Article 55 of the Criminal Code,
other 2 rulings of termination of criminal proceedings in respect of two policemen were issued
under art.391 of the Criminal Procedure Code. These rulins are not final. In the reporting period,
10 police officers were found not guilty in 7 criminal cases, therefore, six criminal cases against 8
policemen were challenged by prosecutors. Rulings are not final.
It is necessary to point out that in one criminal case two police officers were found not guilty due
to the fact that the injured party amended its statements in court. Thus, the prosecutor did not
appeal the sentence, but initiated criminal prosecution against the injured party under Article 311
para. (2) a), c) and 312 para. (2) a) , c) of the Criminal Code. In the above mentioned criminal case
the prosecution was finalized and the case was filed for judicial procedures.
In 2011, one criminal case was examined against other 4 people (employees of prisons), accused
of committing an offense under paragraph 328. (2) a) of the Criminal Code. All these four persons
were found not guilty and the ruling was subsequently challenged by the prosecutor. The ruling is
not final.
Under art.368 of the Criminal Code, the Military Court examined 10 criminal cases against 11
persons (under a military contract and within the National Army and Department Carabineer); four
were released on probation, other 4 people were fined, one soldier was deprived of the right to
occupy certain positions. Criminal proceedings were ceased in respect of two soldiers and one
army officer was found not guilty. This decision was appealed by the prosecutor in the court of
appeal.
Year 2012
2010
2011
CAT/C/MDA/Q/3
Being analysed the information concerning performing criminal

investigations on alleged ill-treatments and judgments issued in these cases, we
found that in 2012, the prosecutors initiated 140 (108 in 2011) criminal proceedings
regarding alleged ill-treatments and torture.
Also, it is to be noted that, in order to avoid findings about inefficient
investigations, as ECHR found in several cases, prosecutors conduct more often
criminal prosecution in such cases.
Thus, if in 2012 were initiated 140 criminal cases, of which General
Prosecutors Office ordered opening of criminal prosecution only in 17 cases, then
in 2011, in 35 of the 108 initiated criminal cases, prosecutors of Section for
combating torture of General Prosecutors Office issued orders for instituting
prosecution.
This situation is described in the following table:
Year
claims under
examination
Cases initiated by
responsible
prosecutors
2011
2012
958
970
73
123
Cases initiated by General

Total number of
Prosecutors Office as result of initiated criminal cases
quashing decisions to refuse
opening of criminal
prosecution
35
108
17
140
Statistical data for the 2012 year in the field of criminal investigations are the following:
article
Criminal
Criminal
Cases
Cases closed
Cases closed on Discontinued Pending cases
from the
cases
cases
submitted to according to other bases in 2012 (frozen) cases
on
Criminal remained in initiated in court in 2012 art.275 p.1-3 of
in 2012
01.01.2013
Code procedure on
2012
Criminal
01.01.12.
Procedure Code
in 2012
166/1
309
309/1
31
54
10
16
10
55
328
368
370
TOTAL
61
54
27
3
140
21
15
40
3
46
59
19
59
2
1
119
104
92
CAT/C/MDA/Q/3
According to statistical data, resulted from analysis of cases submitted to

courts, it is to be stated that, during year 2012, the courts did not examined criminal
cases against persons charged with offences provided in art.309 of the Criminal
Code.
During the year 2012, courts adopted 13 judgments concerning 30 persons,
charged with offences according art.3091 of the Criminal Code. 5 judgments of
these, are judgments of convictions against 10 police officers, and 9 of these police
officers were convicted with prison penalty, but with conditioned suspension for a
probation period of their execution, one police officer was convicted with fine.
Concernig 8 of the convicted police officers, there had been applied a
complementary penalty deprivation of the right to hold positions in the Minstry of
Interiors. 3 criminal case-files against 5 police officers had been closed according
art.391 of the Criminal Procedure Code. First instance courts delivered 4 acquittal
judgments concerning 12 police officers. Prosecutors appealed against these
acquittal judgments to superior courts. Within these criminal cases against police
officers, there had been convicted another 3 persons (civilians) to prison, with
conditioned suspension for a probation period of its execution, according to art. 90
of the Criminal Code. Also, the complementary penalty deprivation of the right to
hold positions in the state bodies was established for the same 3 persons.
In acordance with art. 328 para. (2) and (3) of the Criminal Code, first
instance courts delivered 10 judgments concerning 15 persons, including 5
convicting judgments concerning 6 police officers. In particular, 5 police officers
were convicted to prison, together with conditioned suspension for a probation
period of its execution, according to art. 90 of the Criminal Code, and one police
officer had been fined. The complementary penalty deprivation of the right to hold
positions in the Minstry of Interiors had been established for 5 police officers. There
were delivered 2 judgments of closing criminal procedure regarding 4 police
officers, according to art.391 of the Criminal Procedure Code. As to 3 police
officers, there were delivered 2 acquittal judgments
One employee of the Penitenciary Intsitutions Department was convicted to
prison on bases of art.328 para. (2) of the Criminal Code, with application of
complementary penalty deprivation of the right to hold positions in the
Penitenciary System. Within the criminal cases where police officers had been
acquitted (2/3), another 1 person (civilian), indicted as participant to offences, was
acquitted. Prosecutors appealed against these illegal judgments.
In acordance with art. 368 of the Criminal Code, the Military Court
delivered 12 judgments concerning 15 soldiers. In 10 of these judgments, 13 soldiers
were convicted. 1 of these soldiers, received a penalty with prison, and other 11
soldiers, were convicted to prison, with conditioned suspension for a probation
period of its execution, according to art. 90 of the Criminal Code, and 1 soldier had
been fined. Concerning 2 convicted soldiers, the complementary penalty
deprivation of the right to hold positions similar to those they used when commited
offences. 2 criminal cases against 2 soldiers were closed.
The Military Court examined 2 criminal cases against 2 soldiers, according to
art.370 of the Criminal Code. In both cases, the soldiers were convicted to prison,
with conditioned suspension for a probation period of its execution, according to art.
90 of the Criminal Code.
Statistical data for first 6 months of the 2013 year in the field of criminal
investigations are the following:
CAT/C/MDA/Q/3
article of
the
Criminal
Code
Criminal cases Criminal

Cases
Criminal
Criminal
Suspended Pending cases
remained in
cases
submitted to cases closed cases closed criminal cases
on
procedure on initiated court during I according to
on other during I half of 01.07.2013
01.01.2013 during I half half of 2013 art.275 p.1-3
grounds
2013
of 2013
of Criminal during I half
Procedure
of 2013
Code during I
half of 2013
Art.309
Art.166/1
para (3),
(4)
55
15
22
60
45
11
36
Art.368
Art.370
TOTAL
119
70
23
60
37
52
3091
Art.166/1
para (1),
(2)
Art.328
para.(2),
(3).CP
10
According to statistical data, resulted from analysis of cases submitted to

courts, it is to be stated that:
During I half of year 2013, the courts delivered 2 judgments on charges
according art.166/1 of the Criminal Code against 4 police officers, 3 of them being
convicted to prison, with conditioned suspension for a probation period of its
execution, according to art. 90 of the Criminal Code, and 1 police officer was fined.
The complementary penalty deprivation of the right to hold positions in the
Minstry of Interiors had been established for all 4 convicted police officers.
On 28.06.2013, there were 3 criminal cases pending before first instance
courts on charges according art.166/1 of the Criminal Code.
As to charges according art.3091 of the Criminal Code, first instance
courts delivered 7 judgments concerning 20 indictees. 6 of these judgments were
issued concerning 10 police officers, 2 of these judgments being of conviction
regarding 2 police officers, including 1 police officer convicted to prison (the
judgment was quashed by the Balti Court of Appeal after it was appealed by the
106
94
CAT/C/MDA/Q/3
indictee, the court applied the penalty with imprisonment, with conditioned
suspension for a probation period of its execution, according to art. 90 of the
Criminal Code) and another fined police officer. The complementary penalty
deprivation of the right to hold positions in the Minstry of Interiors had been
established for 1 convicted police officer. According to art.391 of the Criminal
Procedure Code, there were closed 2 criminal cases against 5 police officers. First
instance courts delivered 2 acquittal judgments regarding 3 police officers.
Prosecutors appealed against these acquittal judgments to superior courts. One
acquittal judgment was delivered concerning 10 officers of the Special Destination
Detachment Pantera, DPI of MJ. Prosecutors appealed against this judgment.
courts on charges against 26 persons, according art. 3091 of the Criminal Code.
In acordance with art. 328 para. (2) and (3) of the Criminal Code, first
instance courts delivered 7 judgments concerning 14 persons (all police officers),
including 6 convicting judgments concerning 7 police officers. In particular, 1 police
officer was convicted to prison (the case is pending before the Balti Court of Appeal
after it was appealed by the indictee), 2 police officers were convicted to prison,
with conditioned suspension for a probation period of its execution, according to art.
90 of the Criminal Code, and other 4 police officers had been fined. The
complementary penalty deprivation of the right to hold positions in the Minstry of
Interiors had been established for 4 police officers. There was delivered 1 judgment
of closing criminal procedure regarding 5 police officers, according to art.391 of the
Criminal Procedure Code. Also, there were delivered acquittal judgments
concerning 2 police officers. Prosecutors appealed against these illegal judgments.
courts on charges against 36 persons, according art. 328 para. (2) and (3) of the
Criminal Code.
In acordance with art. 368 of the Criminal Code, the Military Court
delivered 8 judgments concerning 9 soldiers. Between these, there were 8 soldiers
convicted to prison, with conditioned suspension for a probation period of its
execution, according to art. 90 of the Criminal Code. 1 of these soldiers, received a
penalty with fine. Concerning 3 convicted soldiers, the complementary penalty
deprivation of the right to hold positions similar to those they used when commited
the offences.
On 28.06.2013, there was 1 criminal case pending before first instance
court on charges against a soldier, according art. 368 of the Criminal Code.
As to charges with offences provided at art.370 of the Criminal Code,
there were no criminal cases concerning military indictees examined by or pending
before the Military Court.
No.
1.
Concerning assurance of recording and investigation of all complaints about

torture, inhuman or degrading penalties or treatments, during year 2013, the
secretariat of DPI registered the following requests:
No. request /
Person,
Pen. no.
Executor
Notes
complaint,
d. m. y. of birth,
Art.
Date
nationality
P-482/13
ofPleca Leonid,
P. - 13
DAEPAS
The person was informed
08.02.2013
27.12.1986,
Art. art. 290 para.
that issues, raised in the
Moldovan
1;
complaint
are
being
145 para. 2 p. g),
examined by the Military
k); 186 para. 4;
Prosecution Office within
84 CP RM
the criminal case no.
2013018002
CAT/C/MDA/Q/3
2.
S-2019/13
29.08.2013
ofSarev Ivan,
12.05.1988,
Moldovan
P. 9
Art. 145 para. 2
ISD

that his complaints are
being examined by the
General
Prosecutors
Office
3.
S-2023/13
30.08.2013
ofSarev Ivan,
12.05.1988,
Moldovan
P. 9
Art. 145 para. 2
ISD

that his complaints are
being examined by the
General
Prosecutors
Office
4.
5.
M-2219
M-2220
P. 3
P. 3
DSRS
DSRS
Under examination
Under examination
Mrginean Alexei
Mrginean Alexei
In acordance with provisions of the Law on petitions no. 190/1994, all

requests/applications, complaints, petitions addressed to Department of Penitentiary
Institutions are being registered in the Card of record and control, the Registry for
recording petitions, the Secretariat database. Every executor signs the verso of the
card for record and control while the petitions are taken. All petitions are examined
within time limits established by the law, the persons being informed about the taken
measures in written. If necessary, the executors go to the place to find and decide
over issues concerning detention.
All examined petitions are verified in the Secretariat as to the quality of the
answer, positive argumentation of information described in the answer, as well as the
attached materials, on which the answer is based. According to instructions of the
interim Director, there are performed sudden controls in the penitentiary institutions
on topics of respect for the legal framework concerning complaints.
Regarding the mechanism of submitting complaints by children in detention in 2011, within the project Support to the Ministry of Justice in performig reforms
of justice for children implemented by MJ in partnership with UNICEF Moldova,
there had been realised a Study on the evaluation and development mechanism for
submitting complaints by children in detention which sets out recommendations for
DPI proposing: changes to the Enforcement Code, Criminal Procedure Code and the
Law on petitions, in order to regulate expressly the capacity of the child to exercise
personally the right to petitions; introduction of regulations in the Enforcement Code
to establish a detailed procedure on lodging written complaints by minors in
detention and the procedure for their examination; changes to the Enforcement Code
and the Reglation on execution of penalty by convicts that would simplify
procedures for submitting oral complaints by minor convicts; introduction in the
Enforcement Code of regulations that would establish the obligation of the state,
through the prison administration, to bear the expenses related to the exercise of the
rights of minors to petitions through requests and complaints addressed to public
authorities, judicial bodies, courts or international intergovernmental organisations,
whose jurisdiction is accepted and recognized by RM, etc .
Ministry of Justice announced a public contest to select an expert to conduct
a study on procedures for dealing with complaints concerning the activity of the
probation services and the prison system. Upon results of the tender, there will be
selected an expert to conduct the mentioned study.
During 2012, the DPI secretariat received 15 petitions from 10 inmates that
claimed their iil-reatment by the prison staff where they were detained. Five of the
complaints were sent for examination to the Internal Security Directorate. In each
case separately, ISD employees have heard petitioners, accumulated material on the
issues raised in petitions, which have been submitted subsequently according
jurisdiction to prosecutor for a decision under Art. 274 CPC of Moldova.
108
CAT/C/MDA/Q/3
Statistical data are not published on the web page of the Department of
Penitentiary Institutions, but are submitted to institutions on official requests.
During 2012, the General Prosecutors Office opened two criminal cases on
base of two complaints received from Penitentiary Institution no.13-Chiinu
concerning violences against women. In one case was issued a conviction judgment
on 7 December 2012. The case concerns a prison employee at Penitentiary
Institution no. 13-Chisinau, that was demoted and transferred to Penitentiary
Institution no. 5-Cahul, and finally, convicted by the first instance court for abuse of
authority with violent behavior (Article 328 of the Criminal Code of Moldova) to
one year imprisonment and prohibition to exercise the profession for a period of
three years.
Regarding measures taken for confidential complaints mechanism be
accessible to all persons, it is to be mentioned the fact of installing at Guard section
of DPI a trust call number: 63-69-68, where citizens may address any complaints,
demands, claims, including any signal of torture, inhuman or degrading punishment
or treatment. For due registration of information, disclosed through trust calls, in the
Guard section is established the special register for records about received calls at
trust line (registration no. 13571). The board of DPI is permanently informed about
the contents of all incoming calls and measures are taken in each case separately.
Informations about criminal cases, opened on grounds of art. 176, 346,
145 para.2, p.l, 151 para.2, p.i, 152 para.2, p.j, 197 para.2, p.b, 222 para.2, p.b
of Criminal Code and with cu index 44 from classification no.15 (crimes with
motivation based on social, national, racial or religious hate), during 2009-2013
(on 10.10.2013).
Year
2009
2010
2011
2012
2013
Registered
offences
7
8
5
12
13
Informations about criminal cases, opened on grounds of art. 309 1 Torture

(rescinded) and 1661 Torture, inhuman or degrading treatment of Criminal
Code, during 2009-2013 (on 10.10.2013).
Year
2009
2010
2011
2012
2013
Registered
offences
23
43
21
56
89
CAT/C/MDA/Q/3
Informations about criminal cases, opened on grounds of art. 328

Excess of powers or exceed of functional responsibilities of Criminal Code,
during 2009-2013 (on 10.10.2013).
Year
2009
2010
2011
2012
2013
Registered
offences
200
185
249
302
225
26.
provide updated information on the measures taken to ensure prompt, impartial and
effective investigations into all allegations of torture and ill-treatment committed by
law enforcement, security, military and prison officials, including those in positions
of command responsibility.26 Please indicate whether any measures are being taken
to ensure that investigations into all allegations of torture and ill-treatment are
undertaken by an independent body, and not under the authority of the Prosecutor
Generals office or another law enforcement agency.
27.
CPT reported, following its visit in June 2011, that a significant proportion of
detained persons interviewed by its delegation complained of police ill-treatment
during the months preceding the visit.27 What actions have been taken to implement
the recommendations made by CPT and to investigate allegations of torture and illtreatment communicated in its report, particularly allegations of abuse at prison No.
17 Rezina and prison No. 11 Balti.28
28.
With reference to the Committees previous recommendations regarding the
need for all law enforcement officers on duty to wear identification
(CAT/C/MDA/CO/2, para. 16) and the State partys follow-up submission, please
indicate the number of law enforcement personnel who have been disciplined for
violating Order no. 35 of 22 February 2007 of the Department of Penitentiary
Institutions during the reporting period. Please also indicate whether the State party
has investigated the allegations recounted in the CPT report that detainees at Reznia
prison were subjected to torture and ill-treatment by prison staff and members of the
special forces whose identities were obscured by hoods.29 Please indicate if the State
partys legislation specifically prohibits the wearing of hoods or masks by law
enforcement personnel, how the implementation of this requirement is monitored,
and whether any law enforcement personnel have been disciplined for violations
during the reporting period.
According to the order of the Minister of justice no. 365 of 30.07.2012, there
was approved a new regulation on the Special Destination Detachment activity.
Thus, the provisions regulating activity of this institution were put in line with
26
27
28
29
110
A/HRC/10/44/Add.3, paras.65-68; A/HRC/WG.6/12/MDA/3, paras.39-41;

European Court of Human Rights, Pdure v. Moldova (application no. 33134/03, judgment
of 5 January 2010); CommDH(2012)3, para.5.
CPT/Inf (2012) 3, para.16.
Ibid., paras.60-61.
Ibid.
CAT/C/MDA/Q/3
requirements, invoked by specialised international institutions in preventing torture

or ill-treatments. In particular, those regarding psichological testing of candidates to
be employed, implementing effective forms and methods of use of force and special
means in exceptional circumstances and use of employment probation period during
which the employee has to prove high improvement of professional skills. In terms
of establishing possibility of identification DSDs staff, measures were taken
through conventional numbering helmets and special means on easily decipherable
places, including on attire of DDS staff, where are placed conventional inscriptions
and coded elements for identifications.
It is to be noted in this section that there was completed the prosecution in
case no.2011048149, conducted by the Balti Military Prosecutors Office, on alleged
illegal actions of the Special Destination Detachment Pantera staff of the
Department of Penitentiary Institutions concerning inmates in Prison no.11-Balti.
Following investigations, all members of the group (10 persons) of the SDD
Pantera which on 12.04.2011 performed searches at Prison no. 11 - Balti and
applied excessive physical force to several prisoners, caused them strong physical
and mental pain and suffering, were indicted under art.309 1 paragraph (3) points c), e)
of the Criminal Code,
On 11 May 2012, the criminal case was submitted, according to material
jurisdiction, to the Military Court, for examination on the merits. Currently, judicial
investigation is ongoing, given that the court is to hear a large number of witnesses,
injured parties and defendants.
As a result of carried out investigations in this case, on 02.07.2012, the
General Prosecutor addressed to the General Director of the Department of
Penitentiary Institutions noting the need to review the institutional regulatory
framework in order to adjust its provisions to special standards mentioned by
representatives of the international forum.
There has been drawn attention of the DPI board to fact that wearing by
employees SDD Pantera of identical black uniforms, balaclavas and helmets
represents a negative factor, which excludes the possibility of recognizing or
identifying them by applicants when they claim the application of excessive or
reasonless physical force, due to which it is necessary to establish possibilities for
designing distinctive signs, which would make it possible to identify officers.
On 30.07.2012, by Order no.365,the Ministry of Justice adopted a new
Regulation on organisation and functioning of Special Destination Detachment
Pantera, the content of which expressly states that its staff uniforms would
compulsory have signs that will enable their identification.
The claims of convicts from Penitentiary Institution no. 17-Rezina,
according to which, on 17.11.2011, there have been ill-treated by the penitentiary
institution staff, were examined in the criminal case no.2011288031 by the Chisinau
Military Prosecution Office.
During criminal investigation, it was established that on 17.11.2011, some
convicts from Penitentiary Institution no. 17-Rezina initiated a revolt against the
administration of institution, because they did not agree with the schedule for walks
and installing bars on doors and windows of detention cells.
The staff of Penitentiary Institution interfered with force to convicts
immobilisation, using special means.
On 24.07.2012, an ordinance on closing the criminal prosecution was issued in
the case, on reason that physical force used towards inmates did not break the law.
29.
Please describe any measures taken to prohibit intimidation and reprisals by
officials against complainants, family members, lawyers, doctors, and others who
allege torture, ill-treatment, denial of safeguards, or improper conditions of
CAT/C/MDA/Q/3
detention. Please provide data on any disciplinary or criminal measures instituted

against State officials for intimidating, threatening, harassing, or otherwise
attempting to dissuade individuals from filing complaints with the authorities during
the reporting period, and indicate the nature of any such sanctions imposed. Please
also comment on the cases of detainee G. V. at Chisinau Penitentiary no. 13, as
documented by the officials of the Center for Human Rights Gheorghe Bosii and
Lilian Tudosan in their report on behalf of the National Preventive Mechanism
against Torture of 3 February 2012; and of Mr. Jereghi Simione, the subject of an
urgent appeal by the Special Rapporteur on the question of torture
(A/HRC/16/52/Add.1, para.178).
Ministry of Interiors drafted an information note on proceedings for
submission of petitions by citizens which rights had been broken.
To enhance trust, image and respect of citizens for employees of the MIA,
was issued Order no. 11/991 of 15 March 2011 on the organization of hearings of
persons by the heads of regional and specialized divisions of criminal prosecution.
The above-memtioned information note is to be placed on the web page of
MIA, so that everyone could know where he can appeal in case his rights are
broken.
The complainant Semion Jereghi alleged that during his detention in the
Penitentiary Institution no. 5-Cahul was ill-treated by the staff of the institution. IN
order to verify the applicant's complaints, the Cahul Military Prosecutor Office
opened a criminal investigation in accordance with law, and on 09.10.2013, the
concerned staff of penitentiary institution, were put under accusation for the crime
under Article .1661 para. (2) c) of the Criminal Code. They were accused of the
following: intentional infliction by a public person acting in an official capacity, of
physical and mental pain and suffering, which represent inhuman and degrading
treatment, actions that have been committed by several persons.
Given the complexity of the case, the prosecution takes time to ensure
objectivity and multilateral investigations.
Once all the necessary investigations are performed, the criminal case will be
submitted to the court for examination.
General Prosecutors Office oversees the evolution of criminal prosecution in
the case, to ensure compliance with efficiency standards required by international
law.
30.
Please indicate any steps taken by the State party to develop an effective
witness and victim protection system that would not require persons alleging torture
or ill-treatment by law enforcement personnel to seek protection from members of
the same law enforcement body as the alleged perpetrator(s).Please describe
measures taken by the State party, in accordance with the decision of the European
Court of Human Rights in Paduret v. Moldova (application no. 33134/03), to ensure
that any State agent charged with torture or ill-treatment is suspended from duty
during the subsequent investigation and trial, and dismissed if convicted. Please
provide the total number of law enforcement officers suspended from duty pending
investigation of a claim of torture or ill-treatment during the reporting period, and
comment on reports that two police officers convicted of the torture of Viorica Plate
in 2007 were never imprisoned.
Case of V.Plate
In March 2012, the European Court of Human Rights took note of the
friendly settlement agreement signed by the applicant V.Plate and the Government of
Republic of Moldova.
112
CAT/C/MDA/Q/3
Under this agreement, the Government has committed to pay the applicant
the sum of 10,700 Euros for any damage.
At the national level, in the criminal case in which complaints of Plate V.
concerning ill-treatment by police were investigated, following decisions were
adopted:
- on 01.11.2007, Botanica district Court (Chisinau), delivered a judgment by which
police officers V.evciuc and V.Ciubotaru were convicted under art.309 1 paragraph
(3) c), e) of the Criminal Code, each of them to six years imprisonment with
deprivation of the right to hold positions in law enforcement bodies for a period of 5
years. The conviction will be executed in semi-closed regime prison. The police
officer V.Harea was convicted on grounds of art.309 1 par. (3) c), e) of the Criminal
Code, to 5 years imprisonment with deprivation of the right to hold positions in law
enforcement for a period of 5 years, sentence being conditionally suspended for a
probation period of 1 year.
- on 30.04.2008, the Chiinu Court of Appeal decided to fully hold the judgment of
01.11.2007;
- on 03.09.2008, the Supreme Court of Justice also decided to fully hold the
judgment of 01.11.2007.
Actually, 2 police officers, convicted in this case, are demanded, according to
a court decision issued to that purpose, as they shirk execution of judgment.
31.
In light of the Committees previous recommendations (para.15) and the
State partys follow-up response (paras.18-32), please update the Committee
regarding the progress of investigations into allegations of torture and other illtreatment stemming from the post-election events in Chiinu in April 2009.
(a)
Please provide the total number of complaints of torture or illtreatment submitted to the Prosecutor Generals office in connection with the events.
Please also provide updated information on the status of the 29 criminal cases of
torture, the 17 criminal cases of abuse or power or breach of duty, and the four cases
of negligence mentioned in the State partys follow-up response, indicating how
many investigations remain on-going, how many have been completed, how many
have resulted in trial, and the decision reached and any criminal sentence imposed in
each case. Please indicate whether any persons have been prosecuted on grounds of
command responsibility, and if so, the articles of the Criminal Code under which
they were charged. Please also indicate how many individuals have been dismissed
from the staff of the Ministry of the Interior or law enforcement bodies in
connection with the April 2009 events, the duration of any such dismissals, and
whether any were permanently dismissed from public service;
(b)
Please indicate the steps the State party is taking to ensure the
resumption of investigations into the 25 criminal cases suspended by the
Prosecutors office on the grounds that the alleged victims of torture were unable to
identify the perpetrators, as described in the State partys follow-up response to the
Committee, and specifically indicate the status of any investigation into the beating
of Damian Hincu by police officers, which was reportedly resumed in 2011
following the publication of CCTV footage depicting him being beaten;
Investigations concerning complaints lodged after ill-treatments during
events of April 2009.
There were registered and examined 108 such complaints. In 31 cases,
prosecutors apprised and acted ex officio through opening investigations.
CAT/C/MDA/Q/3
After investigations according to art.274 of the Criminal Procedure Code

were carried out (including after repeated control of refuses to intiate criminal
prosecution by the of Section for combating torture of General Prosecutors Office),
71 criminal cases were opened, as following:
- 42 cases on ground of art.3091 of the Criminal Code;
- 19 cases - on ground of art.328 alin.(2) lit.a) of the Criminal Code;
- 10 cases concerning other categories of crimes.
In result of complex analysis of collected evidences, only in 10 cases it had
been decided finishing and closing of criminal prosecution.
In other 30 cases, prosecutors decided to suspend criminal prosecution
according to p.2) para.(1) art.287/1 of the Criminal Procedure Code, because the
persons to be charged were not identified.
In criminal prosecutions held on these cases a huge amount of procedural
actions were carried out, but because the people who have acted illegally, wore
balaclavas or because victims were tortured while they were facing the wall or head
down, it was not possible to identify the perpetrators.
Namely concerning these actions, for applying violence in buildings of
police stations by persons that could not be identified, it was decided to initiate 4
criminal proceedings on ground of art.329 para.(1) of the Criminal Code negligence at office committed by decision makers in Chisinau police inspectorates,
three criminal cases were sent for examination in court.
Related to criminal cases, where prosecutors carried out the criminal
prosecution, they requested and it was decided that 14 police officers were
suspended temporarily from their positions, by the moment, this procedural measure
of constraint remained concerning 9 indictees, because after applied measures were
challenged, courts admitted complaints of 5 indictees.
Concerning 28 criminal cases against 45 police officers, criminal
prosecution was carried out and evidences were brought to courts for examination.
Actually, prosecutors continue performance of criminal prosecution actions
in 3 cases, where investigations are carried out on ground of art.309 1 of the Criminal
Code and in other 2 criminal cases where investigations are carried out on ground of
art. 285 of the Criminal Code.
First instance courts delivered judgments in 20 criminal cases (in 2 cases
the files were joined within one case-file) concerning 35 police officers:
Judgments of conviction were issued in 5 cases regarding 14 police
officers.
One judgment of closing procedures was issued against one police officer.
Judgments of acquittal were issued in 14 cases regarding 21 police officers.
Appeal courts delivered following judgments:
Conviction decisions were delivered in 2 cases against 5 police officers
(thus, 2 acquittal judgments of the first instance courts were annulled).
It is to be noted that on the basis of the conviction decision of the Chiinu
Court of Appeal, two police officers were sentenced to imprisonment for 5 years,
each with deprivation of the right to hold various positions for a period of 3 years.
One decision of closing the criminal case was issued in one case-file
concerning one police officer, because of ended time-limits for criminal liability,
according to art.60 of the Criminal Code.
114
Decisions of holding first instance courts judgments:

in 2 cases concerning 6 persons, conviction judgments were maintained;
in 2 cases concerning 3 persons judgments of acquittal were maintained.
Final judgments:
of acquittal in 5 cases concerning 8 persons;
CAT/C/MDA/Q/3
of closure in 2 cases concerning 2 persons;

of conviction, one criminal case against one indictee.
On 01.07.2013, the first instance courts held for examination 6 criminal

cases against 9 persons, the courts of appeal 4 cases against 5 persons and the courts
of appeal on points of law (recurs) - 2 criminal cases against 5 persons.
(c)
Please describe measures taken to respond to reports of persons being
pressured to withdraw complaints related to abuses during the April 2009 events;30
(d)
Data on the compensation awards made to individual victims of
torture or ill-treatment by law enforcement officials in connection with the events of
April 2009, including the number of persons who have received compensation and
the amounts they have received;
In order to provide single indemnities (compensations) to civilians and law
enforcement officers who have suffered from the events of 7 April 2009, the
Ministry of Labour, Social Protection and Family allocated from the Governments
Reserve Fund as follows: year 2010 144200 lei (Governments Decision no.956 of
15 October 2010), year 2012 - 826000 lei (Governments Decision no. 192 of 4
April 2012 and Governments Decision no.853 of 14 November 2012), year 2013 53000 lei (Governments Decision no.234 of 3 April 2013).
(e)
Please describe any other ongoing measures to effectively address the
remaining human rights consequences of the events of April 2009, including any
measures to monitor the implementation of the recommendations of the ad-hoc
Parliamentary Inquiry Commission into the events of 7 April 2009 and any measures
taken to fully implement the decision of the European Court of Human Rights in
Taraburca v. Moldova (Application no. 18919/10) on ill-treatment by police during
and after the protests and the authorities failure to investigate.
Article 14
32.
State partys follow-up responses to the Committee (paras.40-47), please provide upto-date information on: 31
(a)
The number of requests made for compensation, including the means
for rehabilitation, and the amount ordered by the courts and actually provided to
victims of torture, or their families, since the examination of the last periodic report
in 2009.
(b)
The compensation paid to victims of torture and ill-treatment
following decisions of the European Court of Human Rights finding a violation of
article 3 of the European Convention on Human Rights by the State party during the
reporting period, including Arseniev v. Republic of Moldova (no. 10614/06); Buzilo
v. Republic of Moldova (no. 52643/07); Hadji v. Republic of Moldova (nos.
32844/07 and 41378/07); Feraru v. Moldova (no. 55792/08); Pascari v. Moldova
(no. 53710/09); Taraburca v. Moldova (no. 18919/10); Lipencov v. Moldova (no.
27763/05); Parnov v. Moldova (no. 35208/06); and Gavrilovici v. Moldova (no.
25464/05).
(c)
How victims of torture and ill-treatment are informed of available
rehabilitation services, the extent of available rehabilitation services in the State
30
31
A/HRC/19/61/Add.3, p.314.
CCPR/C/MDA/Q/3, para.5; A/HRC/10/44/Add.3, paras.79-80 and 90(d);
A/HRC/19/61/Add.3, p.385.
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party, and the number of individuals who have used such services during the
reporting period. Has the State party has increased funding for rehabilitation of
victims of torture since the consideration of the previous report. Has the State party
taken any measures to establish a domestic fund for victims of torture and allocate
sufficient financial resources for its effective functioning?
Article 15
33.
provide information on the measures taken to ensure that, in practice, evidence
obtained by torture shall not be invoked as evidence in any proceedings, in
accordance with article 15 of the Convention.32 Please provide information on cases
in which a court applied the relevant national provisions, including article 94 of the
Criminal Procedure Code, and excluded evidence from consideration in a court case
on the basis that it was obtained through torture. Please indicate whether the State
party is investigating the cases of Adrian and Constantin Repesco, who were
sentenced to imprisonment for 16 and seven years, respectively, for murder, by the
Court of Appeal of Chisinau on 6 June 2011, on the basis of a confession that Adrian
Repescu alleges he made under torture in August 2007. Please also indicate whether
the State party is investigating the allegations of Ivan Orlioglo, Ivan Caracet, Dmitrii
Covic, and Vitalii Orlioglo that they were convicted of armed robbery and assault on
30 June 2011 on the basis of testimony they alleged was obtained through torture,
despite the fact that the judge allegedly noted serious "infractions" by investigating
officers, suggested that the men should receive compensation, and reduced their
sentences of imprisonment by three years as a result.
MIA performed analysis on subject of contracts between suspected and
lawyer. It was established that officers of criminal prosecution respect the provisions
of the Criminal Procedure Code concerning the rights of parties and other
participants to criminal proceedings. The rights are respected at drafting
apprehension minutes within the time-limits establishe by law and it is guaranteed
the possibility to conclude the contract between suspected and lawyer before the
apprehension minutes are signed.
Mai mult dect att, art. 69 Cod de procedur penal prevede expres cazurile
n care participarea aprtorului n procesul penal este obligatorie, acestea fiind
atunci cnd
Moreover, art. 69 of the Criminal Procedure Code stipulates expressly cases
when involvment of lawyer in criminal proceedings is compulsory:
1) it is requested by the suspect, accused, defendant;
2) the suspect, accused, defendant have difficulties in defending him/herself, being
dumb, deaf or has any other essential problems of speech, hearing, seeing as well as
other physical or mental problems;
3) the suspect, accused, defendant does not speak the language well enough or does
not speak the language the criminal proceeding is carried out;
4) the suspect, accused, defendant is juvenile;
5) the suspect, accused, defendant is in compulsory military service;
6) the suspect, accused, defendant is being accused or suspected of serious,
extremely serious or exceptionally serious crime;
7) the suspect, accused, defendant is under arrest as a preventive measure or is sent
to the judicial expert psychiatric examination in stationary conditions;
8) the interests of the suspects, accused, defendants in the case are contradictory and
at least one of them is assisted by a defender;
32
116
A/HRC/10/44/Add.3, para.76; CAT/C/MDA/Q/2/Add.1, para.296;

CAT/C/MDA/2, paras.266-267.
CAT/C/MDA/Q/3
9) in this case the damaged party or the civil party is assisted by a defender;
10) the interests of justice require the participation of the defendant in the court
hearing in first instance, appeal, recourse, as well as in case examination by
extraordinary remedy;
11) the criminal proceeding is carried out regarding an unamenable person, who is
accused of committing dangerous actions or got mentally ill after committing such
actions;
12) the criminal proceeding is carried out regarding the rehabilitation of the person
who is dead at the moment of examination of the case;
Apprehended persons firstly are given an ex officio or at their request/choice
lawyer. They are allowed to have meetings with the lawyer. Also, they receive the
copy of minutes for acquaintance and explanation of suspects rights and
obligations, where are mentioned all the rights provided by the national procedural
law.
The same, in order to respect the rights of suspects to defence, and prevent
illegal apprehensions, within the lessons for professional education and training of
officers of criminal prosecution, were studied provisions of Title V of the Criminal
Procedure Code Procedural coercive measures, as well as ECHR case-law
against Moldova concerning violations committed by police in general, and by
officers of criminal prosecution, in particular.
In order to ensure implementation of European Convention for the Protection
of Human Rights and Fundamental Freedoms, of recomendations given by the
United Nations Organisation Committee against Torture, MIA issued an instruction
no. 11/3966 of 26 October 2011 on procedure of explaining rights of apprehended
persons or subjected to other forms of deprivation of liberty by officers of internal
affairs bodies.
According to this instruction, officers of internal affairs bodies, while
performing deprivation of liberty of a person, would compulsory explain orally the
essence of suspicion, grounds and motivation of deprivation and at least following
rights:
a) not to confess, as all he would say may be used against him;
b) to be assested by a lawyer at his choice or a lawyer that delivers state guaranteed
legal assistance;
c) to receive always all information about his rights and obligations.
After that, person is asked explicitly if the explained rights are clear.
Due to taken by MIA measures, including through permanent education of
officers of criminal prosecution in spirit of respecting national and international
law, through a strict established control of daily activities, as well as through proper
measures to prevent all negative aspects, performance indicators show essentially
better situation, number of cases of breaking rights and freedoms of parties to
proceeding reduced, etc.
Case of Adrian and Constantin Repecu
On 26 November 2010 was instituted criminal prosecution in case
no.20100428078 on accusations under art.309 1 paragraph (3) c) of the Criminal
Code, based on the alleged ill-treatment by police officers of Repecu Adrian,
Constantin Repeco and tefan Adam.
Within criminal prosecution, conducted by Chisinau Prosecutors Office, it
was established that in August 2007, the above-mentioned persons were
apprehended on suspicion of murder of Natalia Filatova.
According to declarations of Adrian Repecu, Constantin Repeco and
tefan Adam, during detention, as well as during the criminal investigation, they had
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been ill-treated by police officers, in order to be forced to confess guilty in

committing the murder.
On 30 November 2011, the mentioned criminal case was closed on grounds
that the actions do not meet the constitutive elements of the offense in art.309 1 par.
(3) c) of the Criminal Code.
The prosecutors motivation, reffered inter alia that gathered evidence in
the criminal investigation did not confirm the fact of ill-treatment of Adrian
Repecu, Constantin Repeco and tefan Adam and any other criminal actions
against them were not committed.
The prosecutors decision of closing criminal investigation was confirmed
also after judicial control according art. 313 of the Criminal Procedure Code.
Thus, by decision of the instruction judge from Rcani Court (Chisinau) of
12 March 2012, the appeal against ordinance of closing the case was rejected and it
was considered as legal.
Respectively, at national level, on the case there had been exhausted all
remedies against ordinance of closing the criminal case of 30 November 2011.
Case of Ivan Caracet, Ivan Orlioglo, Dmitrii Covic, Vitalii Orlioglo.
It was established that applicants, on 13.03.2009, were apprehended by
police officers in an flat in Chiinu, being suspected of a serious offence (robbery
with use of weapon), that had been commited the same day in Comrat.
Acording to the acts drafted by police officers, in the domicile where the
applicants had been apprehended several things stolen from the crime scene were
found and raised.
During applicants apprehension, police used physical force, which was
expressed in immobilizing suspects and application of wrestling procedures to defeat
resistance.
According to statements of police officers the need of using force was
justified by the circumstances of the case, because, according to the held
information, the suspects were armed and represented a high social danger.
Given the fact that the apartment in which the suspects were is located in a
block of flats, that is in the immediate closeness of other apartments, and that
apprehension time - 20.30 - is usually the time of day when most of the residents are
at home, the police officers had an obligation to ensure public order and safety of
persons living there. It is clear that immobilization of suspects was necessary,
including for the fact that the apprehension operation was planned in short time. No
details about the interior of the apartment, nor about any impediments to leave it,
were known to authorities.
Applicant I.Caracet complained to authorities about ill-treatment by police
on 16.03.2009 (3 days after apprehension) and indicated that he was purposely
beaten by police after being restrained face to the floor, and then the same day, in the
premises of Operational Services General Directorate (division of the Ministry of
Internal Affairs), after which he was transferred for detention to remand center of
mun. Comrat police Inspectorate.
Also on 16.03.2009, based on the applicant's complaint about ill-treatment
Comrat municipal Prosecutors Office started an investigation on the case and on
18.03.2009 examination of complainant by a forensic doctor was ensured. The
injuries found on applicants body were documented. This proves that the
prosecution has reacted promptly to the statements of the complainant and
performed in short terms the necessary measures of control in collecting evidence of
the incident.
Investigation in the case was assigned to Buiucani (mun.Chiinu)
Prosecutors Office on 29.04.2009, according to principle of territorial jurisdiction.
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CAT/C/MDA/Q/3
On 14.07.2009, a decision not to open criminal prosecution was issued and

then, was held by the instruction judge decision of 10.09.2009.
It has been found that on 02.04.2009, lawyer of applicant I.Caracet lodged
a complaint at the General Prosecutors Office, invoking abusive actions of police
officers against applicant after its transfer from remand center of mun. Comrat
police Inspectorate to the remand center of Operational Services General Directorate
in Chisinau.
General Prosecutors Office performed a separate control on grounds of
these assertions about ill-treatment (material of control no.1-9A/2009) on
applicant.
In order to ensure a complete control, there was required the forensic
medicine examination of I.Caracet, which was performed at the Centre of Forensic
Medicine from Chiinu.
According to those forensic medicine findings, on applicants body were
not identified any injuries. This refuted his statements as to systematic ill-treatments
by police officers, punches, kicks and hard objects on different parts of the body.
On 30.07.2009, General Prosecutors Office issued an ordinance not to
open criminal prosecution, being held by the instruction judge decision of
21.09.2009.
Article 16
34.
Please provide information on the prevention, investigation, and prosecution
of acts of torture directed against juveniles in detention. To what extent has the State
party implemented the recommendations on the administration of juvenile justice by
the Committee on the Rights of the Child (CRC/C/MDA/CO/3, para.73) and the
Human Rights Committee (CCPR/C/MDA/CO/2, para.20)? 33 In particular, please
provide information on measures taken to establish a juvenile justice system in
compliance with international standards; to protect the rights of children in detention
and monitor their conditions of detention; to ensure that juveniles and adults are
separated in all situations of detention; to provide child-sensitive and accessible
complaints mechanisms for children deprived of liberty; and to implement
alternatives to the deprivation of liberty for minors, such as probation and mediation.
Also, please clarify commitment procedures for juveniles in detention or psychiatric
facilities and whether such decisions can be appealed. Please provide statistics on
the number of juveniles in detention, including length of sentences being served,
number of appeals made and their outcomes.
The average number of juvenile detainees carrying out their convictions in
prisons for minors is as following (per year):
2010 95 juvenile detainees;
2013 76 juvenile detainees.
The penitentiary institutions where are detained minors are the following:
Penitentiary n2-Lipcani; Penitentiary n5-Cahul; Penitentiary n7-Rusca;
Penitentiary n10-Goian; Penitentiary n11-Balti; Penitentiary n13-Chisinau;
Penitentiary n17-Rezina.
According to the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment and the Strategy concerning the
combating of violence, the Department for educational activities, psychological and
social assistance and the subordinated staff constantly are organizes and develops
educative activities aimed to contribute to the process of combating the violence and
juvenile delinquency among children and young adults inmates in the penitentiaries.
Thus, since January 2011, have been implemented educational activities adapted for
33
A/HRC/WG.6/12/MDA/2, paras.52-53; A/HRC/WG.6/12/MDA/3, para.38.
CAT/C/MDA/Q/3
the target groups where the focus is on discipline, reducing violence, combatting
juvenile delinquency, personality particularities, abilities, interests, needs, problems,
etc.
Based on an individual approach, in the light of individual particularities,
interests, hobbies, skills, needs, specific problems of detainees, were identified the
following educational components:
Component I: Trainings: trainings for professionals, general/secondary
education, health education, adapting process to the detention conditions, literacy,
learning foreign languages, musical education, etc.
Component II: Social education: cultural activities (poetry, theatre, music,
choreography, etc.), social skills (communication skills, life skills, etc.), art therapy
activities, sports activities, job seeking, spiritual education, self-education
(readers/library);
Component III: Behavior change: reducing the level of violence, drug
rehabilitation, the rehabilitation of prisoners involved in cases of theft or robbery,
health education and vocational guidance.
These activities aim to reduce violence and crime, detainee guidance to
raising awareness about the problem, developing problem-solving steps, socially
useful skills and interpersonal communication skills.
In order to ensure the right to education and continuity of educational
process, under Component I, concerning general education, in 2012 was adopted a
joint Order of the Ministry of Education ( no. 751 of 08/28/12 ), Ministry of Justice
(no. 399 of 30.08.2012) and the Ministry of Finance (no. 104 of 03.09.2012)
concerning the launching at 1 September 2012 of training classes for juveniles
inmates which are affiliated to schools, gymnasiums, lyceums located in the
penitentiary area, as follows:
High School Mihai Eminescu from Cahul - Penitentiary n5, Cahul ;
High School from Lpuna - Penitentiary 7, Rusca ;
High School Nicolae Blcescu - Penitentiary n10, Goian;
Secondary School n 9 from Balti Penitentiary n11, Balti;
School. n 41, from Chisinau Penitentiary n 13, Chisinau;
Gymnasium Saharna from Rezina - Penitentiary n17, Rezina.
According to the educational standards, the general school courses on
Romanian language, civil education, mathematics, physics, history, geography and
Romanian literature are taught in the training classes for juveniles inmates affiliated
to educational institutions represent the necessary in order to ensure the process of
general education. These ideas were supported including by the Ministry of
Education. Initially it is established the intellectual and educational level, the minors
being tested by teachers in order to identify their level of school education and the
amount of knowledge they can learn. As regarding illiterate minor detainees, in
penitentiary are provided conditions to study the numbers and letters, thus
developing primary writing, reading and accounting skills.
On professional and technical training chapter, in the Penitentiary n10,
Goian, for the academic year 2013-2014 were offered 25 places at cooking training
classes.
Under Component II - Social education, the responsible in prisons for
juvenile detainees have identified groups of inmates having common interests and
organized activities to fulfill their free time, developing creative and artistic skills in
order to promote cultural values.
Each penitentiary institution organized in average three activities concerning
small groups of prisoners. The most successful and ingenious activities currently
implemented in penitentiaries for juvenile inmates are photography and publishing
articles in the local press, choreography, Moldovan folk dance.
During the fourth quarter of 2012 and first quarter of 2013, DPI has
developed the individualized work methodology when working with minors, namely
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the method of case management. Methodology is currently piloted in the

Penitentiary n10 - Goian , by the end of 2013. Subsequently, it will be approved
and implemented in all penitentiaries detaining minors.
Within the joint project of the Ministry of Justice and UNICEF Support to
the Ministry of Justice in promoting the reforms in the justice for children sector
was developed a Curriculum for staff working with minor inmates Enforcing the
rights of minor inmates would contribute to the formation of new skills, and specific
requirements for an employee in the prison system interacting with juvenile inmates
in achieving their professional role and mission in order to give a greater clarity on
the specific requirements of treatment of children in detention.
Since the resumption of activity in the Penitentiary n10 - Goian and until
present, the institutions staff participated in various types of training focused on
working with minors.
Starting 2012, in the initial training programs and post-graduate trainings was
introduced a new discipline Ensuring the rights of juvenile inmates, and the
courses have been provided for each trained group. The number of hours for each
program is::
Initial training for sub officers of justice (3 months, students ) 8h ;
Initial training for officers (two weeks) 4h ;
Penitentiaries staff trainings (1 week) 4h.
As for Component III : Behavioral change, the activities are conducted by
psychologists and social workers and prison educators intervene in order to ensure
the presence of the inmates and the successful performance of the group.
Thus, once in prison the inmates benefit from the following psychological
services: psychological diagnosis, counseling, psychotherapy, psychosocial
involvement in programs of preparation for the release, drug rehabilitation, reducing
the level of violence, the rehabilitation of prisoners involved in crimes of theft or
robbery, health education and vocational guidance - especially for juveniles.
An important part of the process of the reeducation is the collaboration with
the civil society (non-governmental organizations and the religious institutions),
whose activity has been planned jointly with government institutions in order to
avoid overlap with the core activities of the institutions, taking into account the
needs and requests, have proved appreciable involvement the following religious
representatives: Orthodox Christian Church, Charity Association New Life, the
Seventh-day Adventist Church, the Christian Church Word of Faith, Union of
Christian evangelical churches of Moldova, Pentecostal Church of Philadelphia,
Christian police Association, Christian Charity Mission Salvation Army Football
Veterans association of Moldova, the Liberation Association, etc. .
Concerning the amendment of the legal framework about the application of
disciplinary procedure and of the measures to stimulate minor detainees within the
project Support to the Ministry of Justice in justice reform for children,
implemented by the Ministry of Justice in partnership with UNICEF Moldova, was
conducted the Study on the disciplinary sanctions applicable to the children in
detention, emphasizing the need of exclusion of child incarceration. The study
presents both an analysis of the legal issues as well as psychological aspects about
the conviction enforcement concerning the children. The study also formulates
conclusions and recommendations on disciplinary sanctions (incarceration) about
the nominated categories of prisoners.
Recommendations regarding penalty of incarceration, applicable for children
in detention:
Principally, to decrease the quantity of negative behaviors of children inmates
due to the ineffectiveness of the punitive philosophy and importance of
development of interventions based on treatment philosophy (with activities such
as counseling and training skills), psychological particularities of children and the
impact of incarceration on their personality, being recommended to exclude
CAT/C/MDA/Q/3
incarceration as disciplinary punishment for detained children. Its recommended to

apply disciplinary sanction of a different character than incarceration. The exclusion
of incarceration from practice should be conducted in the same time with the
introduction of psychotherapeutic methods and individualized educational
workshops focused primarily on working with the most problematic persons.
Application of alternative penalties to incarceration (work within teritory of
penitenciary, discussions, explanation of a major person about the deed, possibility
to repair the material damage through compensation of equivalent, etc )
Additionally, to accept that the practice of incarceration should remain
exceptional, priory should be applied educational and psychotherapeutic
socialization measures and reintegration of children in detention , thus excluding the
risk of aggressive behavior and its consequences on the child security herself and
for the security of others (co-prisoners, penitentiary staff, etc.).
Incarceration must be applied for at maximum two hours and only for urgent
cases, when it is necessary to isolate the child from the group and if there is a danger
for his own life and physical integrity or for the others.
According to DPI Order n 52 of 02.05.2012, were submitted a set of
proposals to amend the Enforcement Code, including the section on procedure about
disciplinary sanctions. As a result, the working group proposed the amendment of
the Code of Enforcement, including those referring to the situation of juvenile
inmates.
35.
Considering the recommendations by the Committee on the Rights of the
Child (CRC/C/MDA/CO/3, para.38), what measures have been taken to enforce the
legislative prohibition against corporal punishment in all settings, including in
families, the school system and other educational settings? How has the State party
engaged civil society in its efforts?
Based on the information submitted by the Department for family protection

and child rights are resulting the following:
I. In accordance with the art. 62 of the Family Code of the Republic of
Moldova, approved by the Law No. 1316 -XIV of 26 October 2000, parental rights
cannot be exercised contrary to the interests of their child. Parents cannot harm the
child's physical or mental health. Child education methods chosen by parents will
exclude abusive behavior, insults and maltreatment of any kind, discrimination,
physical and psychological violence, corporal punishment, involvement in criminal
activity, alcohol or drug consumption, gambling, begging and other unlawful acts .
II. The Ministry of Labor, Social Protection and Family has promoted the
draft Law on special protection of children in risk situations and children separated
from their parents.
The draft Law defines a number of basic terms used in the child protection
system, modifies some aspects of the activity of tutorship, proposes empowering the
tutelary competencies of mayor and regional structures of social assistance and
family protection; regulates the self- notification and registration of complaints
about children in situation of risk, specialists and authorities responsible for issuing
provisions on assessing the situation of children, allocation status and placement of
children separated from their parents. The draft Law was adopted by the Moldovan
Parliament by the Law no. 140 of 14 June 2013. The law will enter into force on
January 1st, 2014.
III. At the end of 2011 the Ministry of Labor, Social Protection and Family
has launched a wide-ranging reform of child protection which aims to develop and
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adopt the Strategy and the National Action Plan in the field of child and family
protection.
The Strategy on Child and Family Protection for 2013-2020 is a policy
document that aims to develop and make more effective the protection of the
families with children in risk situations and children in difficulty.
The new strategy document is focused on a set of general objectives
established in accordance with the actual situation of families and children in risk
situation or difficulty, relying on the best international practices in the field.
Moreover, its in a synergy with other policy documents and policies on child
protection and family.
One of the three general objectives of the Strategy is to prevent and combat
abuse, violence, negligence and exploitation of children and the promotion of non
-violent practices in raising and educating children. Some activity directions to
achieve the specific objectives of preventing and combating abuse, negligence and
exploitation of children mentioned are the following:
Develop and implement a national program for the development of nonviolent parental skills and parental support;
The protection of children from information that may negatively affect
mental and moral integrity of children;
Development of psychological and emotional assistance for children subject
to the risks;
Ensure effective implementation of the legal framework for combating
domestic violence;
The protection of personal data and prevent re-victimization of child victims
of abuse, negligence and exploitation.
The project was developed within the related international treaties aimed to
protect human rights and child rights in particular, including the Council of Europe
Strategy on the Rights of the Child 2012-2015.
Currently, the draft strategy is in the public consultation process with civil
society representatives. Moreover, in 2013 has been developed a National Action
Plan 2013-2016 in order to implement the mentioned strategy.
IV. MLSPF developed the intersectoral Mechanism of cooperation for
assistance and monitoring of child victims and potential victims of violence,
negligence, exploitation, trafficking, which include instructions for the professionals
responsible for child protection (social workers, teachers, nurses, police officers).
This sectorial mechanism its governing procedures such as:
- Identification, registration and initial assessment;
- Providing urgent child protection measures in case of imminent danger for
its life or health;
- Requesting to perform specialized examinations;
- Comprehensive evaluation and provide necessary assistance;
- Documentation and records of cases;
- Institutional arrangements for the prevention and care of children.
Currently, the draft guidelines are being finalized.
V. Ministry of Labor, Social Protection and Family, together with the United
Nations Children's Fund in Moldova has developed and approved the
communication strategy for preventing and combat violence against children , which
is a document based on a strategic mid-term approach and provide the main
direction on supporting children's rights, security and protection of children from
abuse.
During 2011 , police were notified about 77 cases of domestic violence on
children and 129 of violence cases in schools against students and, during 2012 ,
CAT/C/MDA/Q/3
there were 125 cases of domestic violence on children and 175 cases of violence in
schools against students .
In order to raise awareness of children and eradicate their victimization ,
promote partnerships with civil society , the Ministry of Interior in cooperation with
representatives of the International Center for the Protection and Promotion of
Women Rights La Strada, the National Federation of Fights VOIEVOD and
New Life NGO during the summer of 2012, carried out , the campaign promoting
the healthy lifestyles , prevent and combat social vices and violence , youth camps
and child health camps within of 19 camps were conducted informational and
educational activities attended by 2838 children.
In order to prevent the rod of violence against children, the Ministry of
Interior drafted the instruction no. 6/675 of 19 March 2013 on preventing and
combating violence against children.
Employees of the police, with aim of enforcement of this instruction, during
2012 in schools were carried out 11 988 (2011-11431) activities for information and
education through which children were made familiar with the situation regarding
crime among minor persons, criminal and administrative legislation at this chapter,
as well as victimization risks they are exposed. Recommendations to avoid the risks
were submitted.
To raise awareness on the problems of children in need and their familiarity
with the situation at bay juvenile delinquency, police officers made 486 materials for
media sources, including 133 TV programmes, 119 radio reports and 234
publications in the press.
Children were made familiar to behavioral norms in the society, risk they are
exposed during summer holidays and given recommendations to avoid them
During the seven months of 2013, the Ministry of Interior together with
representatives of the International Center for Women Rights Protection and
Promotio La Strada and NGO Mothers for Life launched two campaigns to raise
awareness of the younger generation about healthy lifestyles, preventing and
fighting social flaws and violence, entitled An informed child - a protected child
and Children together for safety.
The police staff carried out 3940 information and educational activities in the
pre-university institutions during seven months of 2013 familiarizing children with
the situation regarding the juvenile delinquency, criminal and administrative
legislation and the risks of victimization they are exposed, making necessary
recommendations.
To raise awareness on issues such as children in situation of risk,
familiarization with the situation on juvenile delinquency, the juvenile police
officers realized 105 materials for media sources, including 29 television shows, 18
radio and 58 publications in the press.
International Children's Day its an occasion to initiate activities for the
promotion of the welfare of children around the world, and it is also the occasion to
remember the good times of childhood and enjoy every day and moment of life with
children .
Ministry of Interior, within the competencies in the child protection in order
to celebrate International Children's Day - June 1st, has organized several activities,
particularly on 31.05.2013 in the Central Sports Club Dinamo, carried out a
cultural program dedicated to International Children's Day, with the participation of
600 children of the subordinated subdivisions employee.
During the covered period were conducted in 45 administrative units of
Moldova 102 cultural activities titled Dad, Mom and Me, Street Art, exhibition
of photography of children, conflict games, flash mob, which were attended by 27
106 children of the police inspectorate staff.
In order to exploit the event dedicated to International Day of Children
Victims of abuses 4 June and raise awareness of its importance , the Ministry of
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Internal Affairs , during 03 - 06/04/2013, performed within the territorial police

inspectorates the event titled Open Doors Day, as the visitors were children and
their parents .
The aim of this activity was changing the perception of the young generation
regarding the police , combating the stereotype about the police as a repressive body
, but a specialized public institution, which has the mission of defending
fundamental human rights and freedoms by maintaining, ensuring and restoring the
public order and security, the prevention, investigation and discovering of crimes
and offenses, thus raising the confidence in society , promoting a positive image
among citizens.
In 42 police stations, were conducted 52 visits, involving 1965 children and
parents, being presented the reception and the recording of incoming calls from
citizens, organization, guidance and appropriate reaction, as well as the equipment
and the supplies they dispose of.
Children had the opportunity to express their opinion about the police
competencies in the field of child rights protection and victims of abuses, and about
the recommendations on how to avoid the risks.
Since February 22, 2013, the Ministry of Education has implemented the
Procedure concerning the institutional organization and intervention of the staff
members of educational institutions in cases of abuse, negligence, exploitation,
trafficking of children.
After 6 months of the implementation of the procedure in the system, we note
the following results:
District / municipal education, youth and sport departments, (DRTS)

have appointed coordinators on prevention of violence at district/ municipal level
and the directors of education institutions coordinators at the institution level.
Coordinators attended training in order to be able to coordinate the prevention and
intervention in cases of abuse.
Managers of undergraduate institutions, teachers and other staff of all

educational institutions, including kindergartens, boarding school, professional
school, college, extracurricular institutions were informed about the provisions of
the Procedure.
Procedure provisions were extended to summer camps for children

and teenagers. In this respect, the camp teachers were trained and in some camps
were organized prevention activities with children.
The representatives of psychology, pedagogy and social assistance

departments of pedagogical institutions were consulted within initial and continuous
trainings for professionals with responsibilities in child protection on how to prevent
violence against children and assistance of the child victims of abuses. Same activity
to be realized with the participation of representatives of specialized departments of
universities.
It was approved by the Order of 23 August 2013 the application of

Procedure of institutional organization and intervention of the employees of
educational institutions in cases of abuse, negligence, exploitation or child traffic.
The methodology is a document required by the managers and pedagogic staff,
which includes concrete tools, developed with the national level coordinators to
facilitate the understanding and effective application of the procedure. The
methodology contains provisions relating to the work with children victim or
potential victim of abuse, and the work with children having violent behaviors.
The Ministry of Education, in collaboration with the Center for

Information and Documentation on Children's Rights and the National Center for
Child Abuse Prevention, with the support of UNICEF Moldova , has completed
phase I of training 116 local trainers who will assist educational departments in
developing / and improving teacher capacity to organize prevention activities with
students and parents / carers, based on a film and interactive activities .
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Since the beginning of the first semester of the current school year,
825 head teachers from 10 districts were trained on abuse prevention, organization
of film-based and interactive activities; by the end of 2013, such training will be
conducted in all districts.
Education in the light of non-discrimination and tolerance is realized

within the Civic Education course and other optional courses and master classes, as
well as indirectly by valuing the information achieved in other courses.
Modernized curriculum for secondary education since 2010 includes

the training of cross competences in the appreciation of diversity and expression of
tolerance, overcoming stereotypes and prejudices.
Also, it was established the objective to strengthen the capacities of the
Ministry of Education and district departments of education in monitoring the
application of the procedure in the system, based on indicators that will be collected
periodically, examining the possibility of creating a software that would facilitate
data collection system to improve case reporting violence.
Moreover, we note that according to the Government Decision of 16.09.2013
nr.732 was decided the creation of a National Center for psychological and
pedagogical support and was recommend the creation of a Service at district level of
pedagogical support whose mission is to ensure the right to high quality education
for all children. According to the Regulation, the beneficiaries of the Service are all
children, regardless of material state of their family, area of residence, ethnicity,
language, gender, age, health, learning characteristics, criminal record, or other
groups of children, who for various reasons are marginalized or excluded from the
access to a program of compulsory education.
36.
Please clarify how the State party is ensuring enforcement of all protections
as required by the law against child labour, particularly in light of the
recommendations of the Committee on the Rights of the Child.
(CRC/C/MDA/CO/3, para.64)
Ministry of Labour, Social Protection and Family communicates, being the
signatory to several international instruments on childrens rights (UN Convention
on the Rights of the Child, ILO Conventions no. 138 on minimum age of
employment and no. 182 on prohibition of grave forms of Child Labour), that
Moldova always works to ensure compliance on its territory with the standards set
out in these documents. Currently, in Moldova are adopted several laws that
contain provisions relating to child labor, including provisions designed to
elimination of its grave forms. Key rules setting limits for using work of persons under
18 are contained in the Constitution, Law no. 338-XIII of 15.12.94 on child rights and
the Labour Code no. 154 of 28.03.2003.
Thus, art. 50 par. (4) of Constitution prohibits expressly minors exploitation,
their using in activities that may harm their health, morality or may put under danger
their lifes or usual development.
Law no. 338-XIII din 15.12.94 on child rights (art. 6) stipulates the states
obligatioon to protect the personal inviolability of the child against any form of
exploitation, discrimination, physical and mental violence, prevents cruel, brutal,
disparaging behaviour, insults and ill-treatment, involvement in criminal activity,
alcohol consumption, illegal use of drugs and psychotropic agents, practicing of
gambling, panhandling, inciting to or forcing any illegal sexual activity, exploitation
with a view to practicing prostitution or other illegal sexual practices, pornography
and materials with pornographic character, also from the part of the parents, legal
representatives or relatives.
Different forms of childs work are regulated in the Labour Code no. 154 of
28.03.2003. Article 255 of the Code prohibits the persons under the age of eighteen
126
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are forbidden to perform heavy work and work in harmful and/or dangerous working
conditions, underground work, and also work that can cause harm to their health and
their moral integrity (gambling, work in night institutions, manufacture,
transportation and trade in alcoholic drinks, tobacco products, narcotic and toxic
products). The same article does not admit for children lifting and carrying weights,
exceeding the limit rates established for them. On grounds of these provisions, by
Governments Decision no. 562 of 7 September 1993, the Schedule of industries,
professions and works in grave and harmful conditions, outlawed to persons under
age of 18. The Schedule includes activities in 32 branches of national economy, as
well as a range of professions common to all branches.
The Labour Code no. 154 of 28.03.2003 also prohibits granting persons under
18 years to night work (art. 103), overtime work (art. 105), as wel as directing them
on official journeys except for employees from audio-visual institutions, theatres,
circuses, cinema, theatrical and concert organisations, and also organisations of
professional sportsmen (art. 256).
According to art. 96 and 100 of the Labour Code no. 154 of 28.03.2003,
employers are under obligation to establish for minor employees reduced duration of
working hours is established (24 hours - for employees between the age of fifteen to
sixteen; and 35 hours - for employees between the age of sixteen to eighteen).
The general minimum age for labour, according the Labour Code no. 154 of
28.03.2003 is 16 years. Exceptionally, a person may conclude an individual labour
contract at 15 years, with written consent of the parents or legal representatives, if as a
consequence, his health, development, education and professional training would not be
disturbed.
Breaking legal norms concerning involvment of minors in labour leads to a
system of criminal and contravention (administrative) penalties, established by art.
168 of the Criminal Code (forced labour), art. 206 of the Criminal Code
(childrens traffic,including in scope of exploitation through work, sexual
exploitation, panhandling, etc.), art. 208 of the Criminal Code (involvment of
minors in criminal activities or inciting to commit imoral acts) and art. 58 of the
Contravention Code (admission of minors to jobs that are dangerous for their lifes
and health or involvment of minors in labour prohibited by law)
Important realisations
In addition ensurance of basic normative framework, there may be mentioned
following results, achieved until now, in domain of illegal forms of child labour:
creation of National Director Committee for elimination of child labour,

where national competent institutions cooperate (2004);
establishing, within Inspection of Labour, of Monitoring Unit for Child

Labour (2007);
concluding between Government, employers associations and trade unions

of Collective Convention on Child Labour (2007);
adoption of Code of Conduct Child Labour for employers in agriculture on

Child Labour (2008);
creation within National Commission for Consultation and Colective

Negociations of a special permanent counsil on child labour (2010).
Recent progresses
As to last hour progresses, may be mentioned approval, by Government
Decision no. 766 of 11 October 2011 of National Action Plan on prevention and
elimination of most severe forms of child labour for 2011-2015, drafted after
implementation in Republic of Moldova, in april 2009, of Global Project of IPEC
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for development, raising awareness and supporting implementation of Global Plan

of Actions on elimination of most severe forms of child labour until 2016, financed
by USA Labour Department. The Plan contains over 40 actions to that aim:
review and ammendments of relevant legislation in order to ensure proper

conditions to prevent and eliminate most severe forms of child labour;
enhancing level of awareness in civil society and decision makers of issue

concerning most severe forms of child labour;
enabling of access of children to qualitative education in scope of prevention

of their involvment in most severe forms of labour ;
rehabilitation and educational and social reincorporation of children, drawn

out of most severe forms of labour;
supporting families with children involved in most severe forms of labour,

etc.
Following approval of National Action Plan on prevention and elimination of
most severe forms of child labour for 2011-2015, were taken measures as:
-
9 local action plans on on prevention and elimination of most severe forms of child
labour were approved (in districts Anenii Noi, Edine, Ocnia, Sngerei, Taraclia,
Drochia, Cantemir, Glodeni and in Bli municipality);
Aspects of most severe forms of child labour were included in several courses for
specialities Social assistance, Law and Public administration at Alecu Russo
Bli State University;
information seminars and trainings for teachers, educators and school psychologists
were organized, and other actions with involvement of academics and students in
conducting information campaigns for civil society, parents and children about the
worst forms of child labor and its consequences;
Aspects about most severe forms of child labour were included in programmes of
continuous professional education of teachers that profess school object Civic
Education at Institute of Education Sciences;
since 1 January 2013, aspects on most severe forms of child labour were included in
courses for professionals in pedagogics and managerment (at psycho-pedagogy
module);
Districtual Councils of Ocnia, Glodeni, Nisporeni, Cueni, oldneti, tefan-Vod,
Rezina, Streni and Mayors Office of Bli Municipality organised community
actions to prevent school dropout, to identify and draw off the children from most
severe forms of child labour and their schooling (during year 2012, local public
administration identified 5 cases of childs exploitation through labour)
Districtual Councils initiated a range of extracurricular activities in order to prevent
school dropout due to involvment of children in premature labour (dancing classes,
centres of child creation, sports schools, etc.)
Ministry of Education has taken steps to enhance access to basic education
and improving the school frequency of children in rural areas, and to ensure the
completion of compulsory education:
free ensuring with school books for;
free alimentation of children from I-IV classes and of children from V-IX
classes that are from vulnerable families;
ensuring school transportation for children coming to districtual schools;
introducing for children from vulnerable families of exemption from fees for
rent of school books , according to normative framework.
by Order no.387 of 17 August 2012, Ministry of Education prohibited
involvment of pupils in agricultural activities during educational process.
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Improvement of coercive framework meant to enforce the laws on child

labour. Thus, on 11 July 2012, Law no. 169 on amending certain legislative acts was
adopted. This Law indroduced in the Labour Code and the Contravention Code
provisions on undeclared work (art. 71 and art. 551) and Articles 55 and 58 of the
Contravention Code were exposed in new text, with increased penalties.
According to art. 55 of the Contravention Code in current text, breaking
labour legislation or legislation regarding a minors security and health at work is
punished with fine from 120 to 150 (previously there were from 50 to 80)
conventional units for natural persons, and fine from 250 to 350 (previously there
were from 100 to 150) conventional units for responsible persons, fine from 400 to
480 lei (previously there were from 120 to 180) conventional units for legal persons.
According to new text of art. 58, involvment of a minor at work that
endangers his life and health or at a work that is prohibited by the law is punishable
with fine from 100 to 150 (previously there were from 30 to 40) conventional units
for natural persons, a fine from 250 to 400 (previously there were from 100 to 150)
conventional units for responsible persons, and a fine from 400 to 500 (previously
there were from 100 to 150) conventional units for legal persons, together with or
without prohibition to perform a certain activity for a period of 6 months (previously
from 3) to one year.
Indroducing contraventional penalties for using undeclared work will also
have a positive impact on minors labour, because a major part of them are
employed unnoficially, that generates other illegalities concerning minors (noncompliance with minimum age for employment, with health and security labour
norms, salaries under minimum level established by legislation, etc.)
According to art. 551 of the Contravention Code, using undeclared work is
punished, for every identified person, with a fine from 100 to 150 conventional units
for natural persons, a fine from 250 to 350 conventional units for responsible
persons, and a fine from 350 to 500 conventional units for legal persons.
Ensuring of respect for legislation
The respect for legal provisions concerning child labour is ensured through
State Labour Inspectorate, that is empowered to perform state control in the field of
labour law.
According to data provided by the Inspectorate, within controls realised
during 2013 at companies, there were identified 22 persons with ages between 15
and 18, 4 of them being engaged in activities prohibited to minors (waiters, heavers),
but concerning other 15 were identified various breaches of labour law, such as
informal employment, or without compulsory medical examination, disrespect for
reduced working time for children, back payments, etc
On grounds of breaches of law, minutes concerning contraventions were
drafted and sent to courts according jurisdiction. As result of labour inspectors
invlovment, minors that worked informally were drawn off such activities.
The same time, measures taken by State Labour Inspectorate do not reduce to
control activities, but include also information and raising awareness campaigns. For
example, during April-May 2012, inspectors took measures to inform pupils from 17
educational institutions from Briceni, Dondueni, Edine, Ocnia, Clrai, Ungheni,
Nisporeni, Cimilia, Leova districts about the rights and obligations of the parties to
the labour relations.
In the context of above-mentioned, it is hopeful the fact that, Confederation
of Trade Unions of Moldova used their right under art. 386 of Labour Code and
decided to create their own Labour Inspectorate, adopted its Regulation at
Confederal Committee session of 9 August 2012. We express our hope that the new
institution would support consistently the State Labour Inspectorate, including
through identifying and combatting cases of exploiting children.
CAT/C/MDA/Q/3
37.
Please provide information on solitary confinement in detention, including
for persons sentenced to life imprisonment as well as detainees on hunger strike.
Please describe measures by the State party to limit use of solitary confinement as a
measure of last resort, for as short a time as possible under strict supervision and
with a possibility of judicial review.34
It may be stated that, during 9 months of 2013, there were registered 262
detainees which declared hunger strike and 384 cases of declared hunger strike.
38.
provide information on the measures taken to eradicate hazing in the armed forces
(dedovshchina). Please provide information on measures taken by the state party to
effectively investigate and prosecute such conduct during the reporting period, and
to prevent hazing in the future, including information about any prosecutions
involving such conduct by the Martial Court during the reporting period. Please also
provide information about measures to guarantee the rehabilitation of victims of
hazing, including appropriate medical and psychological assistance.
Military prosecutors finished criminal prosecution concerning acts of
perpetration of statutary order in National Army during 2010-2013 in 133 criminal
cases. Thus, 86 criminal cases against 111 persons were submitted to courts, in 37
criminal cases against 38 persons - criminal prosecution was closed with decision to
liberate from criminal liability and engage contraventional (administrative)
responsibility according art.55 of the Crminal Code, in 10 criminal cases against 12
criminal prosecution was closed on grounds that the deed did not meet elements and
features of an offence.
As result of offences, 17 soldiers (injured parties) received free medical care
in hospital.
All victims of irregular military relations also received qualified
psychological assistance, which helped them to pick up the threads without
hinderances to continue their military service.
The criminal prosecution and investigation in cases of breaking military
relations were efficient.
General Prosecutors Office studied the cases about breaking military order
in relations of staff in the National Army and lodged an address to the Minister of
Defence concerning excluding illegalities, causes and factors that preceded
commission of such offences within soldiers.
Governance of the National Army informed the General Prosecutor about
enhanced measures for improvement of military discipline, including through
weekly trips of officers from Army General Staff in the field, in order to have
various meetings and discussions with regular military staff.
Military prosecutors, including those from the General Prosecutors Office,
perform sistematicly prevetive measures in military units through collective and
individual dialogues with regular soldiers, (first) sergeants, senior officers and
boarding of the Ministry of Defence.
Thus, during the supervised period, military prosecutors performed 1 651
lessons for military staff.
Soldiers in service are made aware of the criminal law penalties for a range
of offenses that violate the statutory order on relations within military, system of
subordination and other topics concerning Armed Forces, as well as life and health
34
130
A/HRC/10/44/Add.3, paras.37, 46, 60, 89, and 90(g); A/63/175, paras.77-85;

A/HRC/19/61/Add.3, p.357.
CAT/C/MDA/Q/3
other soldiers. These aspects, together with consequences of criminal regordings for
such offences are made known to them, also through disclosure of judgments against
their comrades.
In order to prevend illegalities, installing military discipline and calm
atmosphere in Armed Forces, military prosecutors also perform other measures of
investigation with due respect for protection of fundamenmtal rights of all involved
parties.
39.
In light of the Committees previous recommendations (para.26), 35 please
provide information on the measures taken to improve living conditions for patients
in psychiatric institutions, such as Orhei psychiatric hospital and the secure ward of
Chiinu psychiatric hospital;36 develop alternative forms of treatment; ensure that
all places where mental health patients are held for involuntary treatment are
regularly visited by independent monitoring entities to guarantee the proper
implementation of their basic legal safeguards; and implement the European Court
on Human Rights decision in case of Gorobet v. Moldova (Application no.
30951/10). Please comment on reports that in 2010 there were 60 persons
involuntarily detained in hospitals under article 28 of the Mental Health Law and
that persons detained in psychiatric care have no access to procedures for their
release. Please describe measures taken to ensure that psychiatric detention is not
imposed as a retaliatory measure against individuals seeking to bring criminal
complaints, including victims of torture and rape. 37 Please provide information on
any investigation into reports that Mr. Evgenie Fedoruk was involuntarily
transferred to a psychiatric hospital following his arrest and detention by police in
April 2011, during which time he alleged he was tortured.
With support and direct contribution of UNO Moldova, including UNDP,
OHCHR, WHO, there were done changes in the system of services for mental health
towards real individual necessities of beneficiaries, being ensured a continuous
incorporated approach at policy level. Beginning with February 2012, within
psychiatric institutions activates the ombudsmen for psychiatric institutions
established by the United Nations Development Programme, Parliamentary
Commission for social protection, health and family, Centre for Human Rights and
Ministry of Health, as authority with functions to receive complaints from pacients
and protect their rights.
The regulatory framework was improved in providing psychiatric care. The
treatment in psychiatric hospitals is carried out with the informed consent of the
patient / legal representative.
According to Mental Health Law no. 1402 of 16.12.1997 and Order of
Ministry of Health no. 591 of 20 August 2010, that regulates the activity of mental
care services, patients hospitalization is realised with preliminary information
concerning mental state, necessity of care in in-patient unit. Hospitalization is
followed by medical examination in specilised division and by informing the patient
about the methods of treatment, investigations and eventual complications or side
effects (the informed agree is formalized).
In divisions for childs care, internment is realised only as last form of
therapeutic intervention, after forms of extrahospital treatment measures were
exhausted (psychoterapy, rehabilitation within Communautaire Centres of Mental
Health). Childs internment is effectuated only with consent of his legal
35
36
37
A/HRC/10/44/Add.3, paras.42-44 and 90(f); E/C.12/MDA/CO/2, para.24.

CPT/Inf (2012) 3, paras.111-118.
A/HRC/10/44/Add.3, para.44.
CAT/C/MDA/Q/3
representative and the childs him/herself, as long as his/her comprehension capacity

permits that.
The care within psychiatric hospitals is performed according to treatment
medical standards, approved by the Ministry of Health and National Clinic Protocols
of basic diseases.
The extent of applied treatment is recorded in the in-patient medical file and
personalised ticket of patient, that is notified to him under signature at discharging.
Ensurance of psychiatric hospitals with medicines is now in proportions of
about 60/40% (classical psychotropic drugs / new generation psychotropic drugs)
In 2012, Ministry of Health allocated 1.240.000 Lei (822.000 ) to inpatient legal psychiatric expertise section for arrested people (section 31) of the
Clinic Psychiatric Hospital. The coercive treatment is given on base of a contract
concluded with the National Company for Assurances in Medicine within the limits
of global budget.
In section 31 there was performed the overall renovation: all wards were
repaired, sinks were installed, WC-s and paving were repaired.
In section 37 of the Clinic Psychiatric Hospital, during year 2012, current
renovation of wards, corridors and buffet took place. In order to exclude still existent
deficiencies concerning conditions of livelihood for pacients in this section, there is
a need in considerable finances.
WC-s and shower cabin were repaired, which improved situation concerning
patients access from narcology section of Orhei psychiatric hospital to means of
personal hygiene.
The National Programme for mental health for 2012-2016 was approved by
Government Decision no. 1025 of 28 December 2012, where is being followed the
development of mental care services at level of the community and integration of
mental health within primary medical assistance.
UNO Convention on the Rights of Persons with Disabilities was ratified by
Moldova through Law no. 166 of 10 July 2010.
Since 2009, CHR performs periodic visits for monitoring to psychiatric
hospitals and psihoneurological pensions. Following visits, there are drafted reports
with recommendations, placed on the web page of the institution. In 2012, a wide
study was performed, that contains informations about psychiatric hospitals:
conditions for of livelihood, prohibition of torture, free consent at psychiatric care
and other aspects regarding protection of human rights in psychiatric hospitals. 38.
Also, Annual Reports concerning respect for human rights in Republic of Moldova,
drafted by ombudsman and submitted to Parlament, always contain one chapter
dedicated to description of situation in psychiatric institutions.39
During visits of ombudsman and Human Rights Centre staff to the Public
Medical-Sanitary Institution Psychiatric Hospital, there were find several
deficiencies in implmenting article 490 of Code of Criminal Procedure (internment
in psychiatric institution). According to ombudsman, Eugen Fiodoruc, as well as
other persons which are under criminal prosecution and have been admitted to the
psychiatric institution under art. 490 para. (1) of the Criminal Procedure Code, are
held illegally in the psychiatric Section for coercive treatment of Psychiatric Clinic
Hospital.
On 10 July 2012, Human Rights Centre submitted to competent authorities 40
its opinion regarding this issue and proposed a review of current legal framework, in
order to prevent any possibility of unlawful retention in psychiatric institution of
persons under criminal prosecution and that are under arrest. Till now, authorities
with legislative initiative did not reacted to that ombudsmans proposal.
38
39
40
132
http://www.ombudsman.md/sites/default/files/rapoarte/psihiatrie_web.pdf
http://www.ombudsman.md/en/rapoarte-anuale
Ministerul Justiiei, Procuratura General, Ministerul Afacerilor Interne, Ministerul Snt ii,
Curtea Suprem de Justiie
CAT/C/MDA/Q/3
40.
State partys follow-up responses (paras. 48-53), please provide data on the number
of persons detained for avoiding treatment of tuberculosis, how long they were
detained, the number of persons presently detained and the location of detention.
Please indicate the measures taken by the State party to ensure that persons detained
for avoiding treatment benefit from adequate safeguards, particularly access to
legal counsel and contact with family members, and procedural rights.
By Government Decision no. 295 of 14 May 2012 had been approved the
new rules on mode of applying the temporary forced hospitalization in specialized
medical anti-tuberculosis institutions of ill people with contagious form of
tuberculosis that refuse treatment. It is admitted forced hospitalization only as a
measure of last resort and only after complete exhaustion of all options less
restrictive, giving priority to achieve cooperation and informed consent of the
patient.
The new Regulation contains compulsory guarantees which have to be
complied with when persons refuse explicitly the treatment and are dangerous for
the public health. The main aim is to evaluate the person in each case separately and
to afford an multidisciplinary adequate support to ensure persons rights within the
treatment and its applicability. Even in case of forced hospitalization, after
exhaustion of all previous gauarantees, the treatment with medicines is applied only
with the consent of the patient, being excluded the possibility of coercive treatment.
41.
Please provide the following:
(a)
Data on the number of women who underwent contraceptive
sterilization during the reporting period. Please indicate measures the State party is
taking to ensure that all women undergoing contraceptive sterilization do so, on the
basis of free and informed consent, and to address allegations that many sterilized
women subsequently reported not being informed of alternatives to sterilization or
the permanence of the procedure.
(b)
Information on whether abortion is a criminal offence in the State
party, the punishment for women who undergo abortion and the number of women
currently imprisoned for charges relating to abortion, disaggregated by location. If
the State party does not intend for women who obtain abortions to be subjected to
criminal liability, please discuss measures taken by the State party to make this clear
to police, prosecutors, and judges. Please also indicate whether any law enforcement
personnel have been disciplined or prosecuted for interrogating or arresting women
who have been hospitalized for complications resulting from abortion.
(c) Data on the number of men who have been forcibly subjected to
chemical castration as a criminal penalty. Please describe the conditions under which
such castration may be ordered and any regulations governing the practice.
On 4 July 2013, the Constitutional Court declared unconstitutional the
assurance measure of chemical castration. The Court held that the challenged legal
provisions contradict the conclusions of the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT), that the
automatic application of chemical castration for certain categories of crime is
unacceptable, and the decision on the treatment may be taken only on the basis of an
individual examination. According conclusions of CPT, chemical castration may be
used only with the consent of the sentenced person and the convicted must be
informed of the side effects of treatment.
CAT/C/MDA/Q/3
By the Constitutional Courts Decision no. 18 of 04.07.2013, all legal

provisions of the Criminal Code and Enforcement Code concerning chemical
castration were declared as unconstitutional.
42.
Please indicate measures taken to prevent and punish violence against
members of religious, racial, and ethnic minority communities. Please provide
(a)
Information on whether the State party incorporated in its Criminal
Code an offence to punish acts of intolerance and incitement to hatred and violence
based on sexual orientation as hate crimes, and if it has, provide statistics on the
number and type of prosecutions under this provision and the sentences imposed;
Durring 2012-2013, followung instruction activities were organised by NIJ in
the field of nondiscrimination:
year 2012
4 seminars:Implementation and application of several legislative acts, total
number of participants - 296: 254 judges, 42 prosecutors, organisers: NIJ, SCJ
1 seminar: Interpretation and application of Law no. 121 of 25 May 2012 on
ensuring equality, total number of participants - 29: 13 judges, 16 prosecutors,
organisers: NIJ, OHCHR
year 2013
3 seminars: National and international standards in domain of nondiscrimination.
National and ECHR case-law, total number of participants -83: judges 46,
prosecutors - 36, 1 reprezentative of MFAEI, organisers: NIJ, OHCHR
(b)
Data on violence, harassment, and related acts against members of
religious minority communities, including Muslims, Jews, Jehovahs Witnesses, and
Protestants, and indicate the status of any investigations into these incidents. Please
comment on measures taken to investigate the report communicated by the Special
Rapporteur on the question of torture (A/HRC/16/52/Add.1) that in 2010, Mr.
Grigori Djoltaili was assaulted and intimidated because of his familys membership
in the Christian Evangelical Baptist Church;
In order to ensure the respect of fundamental human rights and liberties
within MIA, during 2011, had been realised a complex of measures described as
follows.
In scope of raising the level of professional competences, of cultural, moral
and disciplinary capacities of employees of the Ministry of Internal Affairs, together
with educational institutions of MIA, was developed and implemented a program of
special training in human rights, in strict accordance with the national plans and
plans of basic organizational measures of MIA. This program meets international
standards set by the United Nations specialised agencies - UNESCO and of Council
of Europe, as well as regional and nongovernmental organisations.
Realisation of the programmes in the field of respect for human rights, police
ethics has a primary role within development of the courses of initial and continuous
professional education of middle senior and simple police officers, received at
Institute for continuous professional education and applied scientific researches of
tefan cel Mare Academy. During educational process, students are made familiar
to international standards in domain of human rights within following disciplines
134
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International Law, Constitutional Law, Police Law, Police Ethics, Legal

Protection of Human Rights.
According to provisions of MIA order no. 439 of 31 December 2010 on
organisation and performance of professional education during year 2011, in the
MIA, within lessons for professional education is performed training of police
officers in the field of human rights at courses Human Rights and Police Ethics,
being used didactic materials, such as:
- Trainers guide Education of police officers in the field of human rights, UNDP
Moldova, Chiinu 2007;
- European Commission against Racism and Intolerance (ECRI) general policy
Recommendation N 6 on combating the dissemination of racist, xenophobic and
antisemitic material via the Internet, etc.
The role of general education classes in anti-discrimination field is to
promote MIA employees respect for cultural diversity, overcoming xenophobia,
discrimination and ethnic prejudices.
In order to ensure effective control over the observance of human rights and
fundamental freedoms, prevention and exclusion of torture and ill-treatment of
persons by police officers, prevent potential ECHR findings of violations of the
European Convention on Human Rights and Fundamental Freedoms concerning
Moldova, in the internal affairs bodies and divisions were created Committees to
ensure respect for human rights and freedoms. The main task of these committees is
to ensure compliance with human rights and freedoms, organizing and carrying out
actions in order to prevent violations of human rights and fundamental freedoms,
establishment and removal of the causes and conditions that encourage such
violations.
By realising these measures, empowerments to prevent and combat illegalities
within MIA employees were confined, the institutional capacity to prevent torture,
discrimination and corruption was developed.
According to provisions of MIA order no. 300 of 27.10.2011 on organisation
of activities for knowledge assessment of staff within internal affairs bodies, there
was conducted an evaluation of knowledge of all actual MIA staff compartments
concerning professional competences during 2011, including in the field of
combating discrimination and inhuman treatment.
In the same time, officers of MIA participated to various courses, organised
by national and international NGOs concerning the respect for human rights,
overcoming xenophobia, discrimination and ethnic prejudices, in particular:
- Working with national minorioties, performed between 17-19.10.2011, where 34
officers took part;
- Convention on the Rights of Persons with Disabilities - realities i perspectives for
persons with special needs, performed between 20-21.09.2011, where 1 officer took
part;
- Interdisciplinary approach in cases of sexual commercial exploitation of children,
performed between 20.10.2011-08.11.2011, where 34 officers took part.
On the web page of MIA tefan cel Mare Academy were published
scientific articles, concerning human rights, elimination of all forms of racial
discrimination, combating torture in activity of enforcement bodies, etc.
In 2012, within Institute for continuous professional education and applied
scientific researches of Stefan cel Mare Academy were organized courses in
working with national minorities, where 68 police officers gained training.
As to monitoring and processing of discrimantion and abuse cases from part
of police officers, it is to be mentioned that during year 2012, Ministry of Internal
Affairs did not register any case of discrimination or abuse against national
minorities, commited by police officers.
Case of Gh.Djoltail
CAT/C/MDA/Q/3
Statements of applicant Gh.Djoltail, regarding alleged his harassment,

including by a policeman, based on religious reasons, were investigated Taraclia
Prosecutors Office under art.274 of the Criminal Procedure Code.
Within investigations in the case, pastor of evangelists church from Tvardia
was heard. He declared that does not know any cases when members of this church
were persecuted by population of the village, that are attached to orthodox church
and mentioned that the applicant is not any more a member of evangelists church
for many time.
The collected evidence within investigation did not confirm statements of
applicant that he was persecuted by police officers.
Therefore, on 12.12.2010, Taraclia Prosecutors Office issued an ordinance
not to open criminal prosecution.
(c) Data on racially-motivated violence, harassment, and related acts during the
reporting period, measures taken to prevent racially-motivated violence and to
investigate and prosecute perpetrators, and clarify the provisions applied and
sentence imposed in any prosecutions during the reporting period;
(d)
Data on violence against or harassment of Roma during the reporting
period, indicate whether any prosecutions or convictions have occurred, and
describe measures to prevent violence and discrimination against Roma by law
enforcement officials.
In order to prevent and punish violence based on racial, ethnic, religious
grounds, Parliament adopted the Law on ensuring equality no.121 of 25.05.2012,
published in the Official Gazette of 29.05.2012, nr.103/355.
43.
Please provide updated information on measures taken by the State party to
respond to any threats of terrorism. Please describe if, and how, such antiterrorism
measures have affected human rights safeguards in law and practice. Please describe
relevant training given to law enforcement officers; the number and types of persons
convicted under such legislation; the legal safeguards and remedies available to
persons subjected to antiterrorist measures in law and in practice; whether there are
complaints of non-observance of international standards; and the outcome of these
complaints.
General information on the national human rights situation, including new
measures and developments relating to the implementation of the Convention
44.
Please provide detailed information on the relevant new developments on the
legal and institutional framework within which human rights are promoted and
protected at the national level that occurred since the previous periodic report and
any relevant jurisprudential decisions.
45.
Please provide detailed relevant information on the new political,
administrative and other measures taken to promote and protect human rights at the
national level, that have occurred since the previous periodic report, including on
any national human rights plans or programmes, and the resources allocated thereto,
their means, objectives and results.
46.
Please provide any other information on new measures and developments
undertaken to implement the Convention and the Committees recommendations
since the consideration of the previous periodic report in 2009, including the
necessary statistical data, as well as on any events that occurred in the State party
and are relevant under the Convention.
136
CAT/C/MDA/Q/3
Abbreviations
ABA ROLI American Bar Association Rule of Law Initiative
ACCHR Advisory Council of the Center for Human Rights
AF Armed Forces
AP Anticorruption Prosecutor
APSRJS Action Plan for Strategy Reform of Justice Sector
BMA Bureau for Migration and Asylum
CA Court of Appeal
CAIS Registry of Crime and Criminological Information Conception of Automated Information System
Registry of Crime and Criminological Information
CAIS Registry of detained, arrested and convicted persons Conception of Automated Information System
Registry of detained, arrested and convicted persons
CC Civil Code
CC Contravention Code
CC Criminal Code
CC Constitutional Court
CCMH Community Center of Mental Health
CEB Council of Europe development bank
CESRC Council of Europe Strategy for the Rights of the Child
CIISLE Conception of Information Integrate System of Law Enforcement
CHR Center for Human Rights
CMEV Committee of medical expertise of vitality
CPC Criminal Procedure Code
CPHRFF Convention for the Protection of Human Rights and Fundamental Freedoms
CPT European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
CRIC Child Rights Information Center
CT Child trafficking
DPI Department of Penitentiary Institutions
EC Enforcement Code
ECHR European Court of Human Rights
ERA Academy of European Law
EU European Union
FC Family Code
FIUM Free International University of Moldova
GF Global Fund
GP General Prosecution
GPC General Police Commissariat
HBTCC Human Being Trafficking Control Center
HBT Human being trafficking
HBTV Human being trafficking victims
HM Health Ministry
IAL International Academy of Law
IC La Strada International Center La Strada
ICCC Information Crime Control Center
ICPMD International Centre for Migration Policy Development
IDCP International Day of Child Protection
IOM International Organization of Migration
IPD Insulator of preventive detention
ISE Institute of Sciences of Education
IPR Institute for Penal Reform
ISS Intelligence and Security Service
CAT/C/MDA/Q/3
JIC Journalistic Investigation Center

LB Licensing Board
LI Labour Inspection
LMC Legal Medicine Center
LR Letter rogatory
LRC Legal Resource Center
MC Monitoring Commission
ME Ministry of Economy
ME Ministry of Education
MF Ministry of Finance
MFAEI Ministry of Foreign Affairs and European Integration
MIA Ministry of Internal Affairs
MJ Ministry of Justice
MLSPF- Ministry of Labour, Social Protection and Family
MUCL Monitoring Unit of Child Labor
NA National Army
NAC National Anticorruption Center
NCCAP National Center for Child Abuse Prevention
NCCCN National Commission for Collective Consultations and Negotiations
NCF National Child Forum
NGO Non-governmental organization
NIJ National Institute of Justice
NMTP National Mechanism of Torture Prevention
NORLAM the Norwegian Mission of Rule of Law Advisers to Moldova
NPTC National Program of tuberculosis control
NSCFP National Strategy for Child and Family Protection
NSR National System of reference
OHCHR Office of the High Commissioner for Human Rights
OPCAT Optional Protocol to the Convention against Torture
OSCE Organization for Security and Co-operation in Europe
PCH Psychiatry Clinical Hospital
PMSI Public Medico Sanitary Institution
Promo LEX - Promo-LEX Association Mission
RCPS Republican Center of pedagogical assistance
RDACP Registry of detained, arrested and convicted persons
ROLISP Rule of Law Institutional Strenghtening Program
SCJ Supreme Court of Justice
SDC Swiss Agency for Development and Cooperation
SDD Panther Special Destination Detachment Panther
SD USA State Department of United States of America
SFM Soros Foundation-Moldova
SINNP State identification number of natural person
SLI State Labour Inspectorate
SRJS Strategy Reform of Justice Sector
SUM State University of Moldova
SUMP Nicolae Testemieanu State University of Medicine and Pharmacy Nicolae Testemi eanu
TPCF Temporary Placement Center of Foreigners
TUC Trade Union Confederation
TVRC Memory Torture Victims Rehabilitation Center Memory
UNC United Nations Committee
UNDP United Nations Development Programme
UNESCO United Nations Educational, Scientific and Cultural Organization
UNICEF United Nations Childrens Fund
UNIFEM United Nations DevelopmentFund for Women
UNODC United Nations Office on Drugs and Crime
138
CAT/C/MDA/Q/3
UNPFA United Nations Population Fund

UN Women United Nations Entity for Gender Equality and the Empowerment of Women
USAID United States Agency for International Development
WHO World Health Organization

Traducere Tortura - 20 11 2013

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CAT/C/MDA/Q/3

Convention against Torture

Committee against Torture

List of issues prepared by the Committee prior to the

committing acts amounting to torture or ill-treatment, including the number of

A/HRC/10/44/Add.3, paras.69-70., criminal cases were initiated

A/HRC/19/18, para. 76(14); A/HRC/10/44/Add.3, para. 90(a);

recommendations of the UN Committee against Torture, the MoIA drafted and

A/HRC/WG.6/12/MDA/2, paras.29 ff; A/HRC/10/44/Add.3, paras.26-27;

measure, to implement alternatives to pretrial detention, and to separate convicted

A/HRC/10/44/Add.3, paras.16 and 90(b); A/HRC/19/18, para.76.14;

Robbery art. 187

Burglary art. 188

Description according to the number of criminal priors

Description according to the time served

Description according to age

Up to 15 years old including

18 - 21 years old including

Description according to the social status

Description according to the employability

Description according to the education

A/HRC/10/44/Add.3, paras.15 and 75; CPT/Inf (2012) 3, paras.21-31.

the place of detention, as well as upon request, including on own account,

effectively and expeditiously the lawfulness of their detention through habeas

consultations with the urologist, 3 ophthalmology consultations; 2 consultations with

Purchase of medicines and para-pharmaceutical products in the penitentiary

Institutions of the Ministry of Justice.

The heads of the territorial subdivisions of MIA were requested to

The creation of such an automated informational evidence register of the detained,

Ibid., para.18 (iii).

Special Rapporteur on the question of torture (A/HRC/10/44/Add.3, para.67), which

Concluding observations of the Committee on Economic, Social and Cultural

identity documents, child custody, compensation, divorce proceedings, cases

Prevention of THB phenomenon in Moldova has acquired a mature approach

Country of destination and the form of exploitation of victims (minors)

1950 extracurricular activities

(general education institutions)

Budget of the territorial administrative units

1117,9 thousand lei executed

Potential victims of trafficking in human beings

Articles of the Criminal Code

2 Seminars on Investigation of criminal cases in the field of trafficking in human

E/C.12/MDA/CO/2, para.14; A/HRC/11/6/Add.4, paras.20-29 and 86;

against children, including the use of torture or punishment or inhuman or degrading

aggressors/perpetrators, regulation aspects and by Article 21 paragraph n) of Law

Case of Lilia EREMIA

2 seminars on Aspects of Implementing Law no. 45 on preventing and combating

The number of asylum applications registered;

The number of applicants in detention;

The number of applicants whose application for asylum was accepted;

The number of asylum applications registered:

Country of origin 2009

The number of cases of refoulement or expulsion.

2009 13 (including 4 minors);

The number of cases of expulsion or return of the asylum seekers.

3 seminars: Peculiarities of the implementation of the new mechanism of reparation

At the initiative of the officials of the Ministry of Internal Affairs, the

medical investigation and documentation of torture, inhuman and degrading

The launch of the annual Campaign is remarkable celebrating the

representatives of educational institutions, representatives of local public

investigation activities. In addition to that, the recommendations concerning the

Protocol). Responsibility in medical practice. Malpraxis took place. These courses

A/HRC/10/44/Add.3, paras.30-41 and 72-74.