Traducere Tortura - 20.11.2013 UPD

CAT
United Nations
Convention against Torture

and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
CAT/C/MDA/Q/3
/C/MDA/Q/3
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
committing acts amounting to torture or ill-treatment, including the number of
persons convicted and their sentences.3
*
2
3
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 thirty-eighth
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.
A/HRC/10/44/Add.3, paras.69-70.
CAT/C/MDA/Q/3
Special attention is paid to the action related to ensuring an efficient internal

control for checking compliance with the legislation upon receipt, registration,
examination and settlement of petitions, and ensuring of a single system of recordkeeping and settlement of complaints against ill-treatment, use of inhuman or
degrading treatment by MoIA employees.
Further, 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 has suffered acts of torture, inhuman or
degrading treatment. It should be noted that, in 2013, no notifications were received
from the Prosecutor Generals Office regarding violations of the article thereof by
MoIA employees.
It should be taken into consideration that at the national level the crime of
torture and ill-treatment is reflected in a new article introduced by Law no. 252 of
August 2012 and effective from 21 December 2012 art. 166/1 of the Criminal
Code of the Republic of Moldova.
Prosecutors examined such notifications and in 73 cases, upon the request of
the prosecution service bodies, MoIA offered necessary support in establishing the
circumstances of the reported claims. Additionally, the MoIA reacted to 6 cases
covered in the media that were also handed over to the prosecutors.
As a result of the investigations into the events of April 2009, criminal
proceedings were initiated.
Following judicial examination, the courts of first instance ruled on 19
criminal cases (in two instances the cases were merged into a single file), delivering
judgments of conviction against 34 MoIA employees.
Of the criminal cases opened against MoIA employees under art. 309/1 (old
version) during the years 2009-2012, 45 cases were opened in 2009, 42 criminal
cases in 2010, 26 criminal cases in 2011, and 45 criminal cases in 2012.
An analysis of the statistics of criminal cases opened against MoIA
employees under art. 166/1 of the Criminal Code (as of 1 July 2013) shows that, of
the 40 criminal cases opened, 30 cases are pending trial, 8 were closed, 1 case
underwent merger, and in one case legal circumstances existed that absolve from
prosecution.
It should be stressed that these numbers do not represent an indicator of guilt;
later in the prosecution procedures and/or examination on the merits of the cases in
court, criminal proceedings may be ceased, closed or judgments 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
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
Following an evaluation of the state of affairs created as a result of the events in

Chisinau on 07 April 2009, there was identified the need to change the internal
structure of the Prosecutor General's Office so as to include a specialized
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
subdivision that would ensure efficient investigation of allegations of ill-treatment

while in state custody.
On 4 May 2010, under Decision no.77 of the Parliament of the Republic of
Moldova, the structure of the Prosecutor General's Office was re-organized to
include a Division for combating torture.
Based on Order of the Prosecutor General no. 90/8 of 2 November 2010,
prosecutors responsible for the investigation of such cases were appointed in the
regional and specialized Prosecutors Offices.
According to the provisions of this normative act, such specialized
prosecutors are prohibited from being involved in activities which imply cooperation
with the MoIA, DPI or ISS subdivisions.
The primary objective of the Division for combating torture of the Prosecutor
General's Office is to develop national capacities for the efficient investigation of
complaints of ill-treatment in state custody, based on the standards of the
international law, and in order to ensure the independence of the prosecutors
involved in this activity, it was decided to this subdivision will report directly to the
Prosecutor General.
Prosecutors from this specialized subdivision focused their efforts on
promoting and implementing the recommendations formulated by representatives of
international organizations that carried out monitoring visits in our country.
Representatives of the Prosecutor General's Office, working in a task-force
created for the purpose of amending the Criminal Code and the Criminal Procedure
Code, as well as, separately, within the framework of the Atlas of Torture Project, in
cooperation with the Legal Resources Centre of Moldova and the Institute for Penal
Reform, took part in drafting amendments aimed at enhancing the legal framework
in the field of combating torture and other ill-treatment.
The result of these task-forces' work was the content of Law no. 66 of 5 April
2012 on the amendment and supplementation of the Criminal Procedure Code of the
Republic of Moldova no. 122-XV of 14 March 2003, as well as Law no. 252 of 8
November 2012 on the amendment and supplementation of some pieces of
legislation.
As a result, the Criminal Code was amended to include a new article, 166 1
Torture, inhuman or degrading treatment, which had a twofold impact on the
criminal legislation of our country:
it introduced criminal punishment for actions which constitute inhuman or
degrading treatment;
it significantly increased penalties for acts torture.
The article in its current version states as follows:
Article 1661. Torture, inhuman or degrading treatment
(1) Deliberate infliction of pain or physical or mental suffering, which constitutes
inhuman or degrading treatment, by a public person or a person who de facto
exercises the powers of a public authority, or by any other person that acts in official
capacity or with the direct or implied consent of such a person is punishable by 2 to
6 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;
CAT/C/MDA/Q/3
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) which out of negligence caused serious or medium damage to the bodily integrity
or health;
g) which out of negligence caused the death of the person or his/her 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 or 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
he/she or a third person committed or is suspected of having committed, to
intimidate or exert pressure on him/her 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 person or by a person who de facto exercises the
duties of a public authority, or by any other person acting in official capacity or with
the direct or implied consent of such a 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) which out of negligence caused serious or medium damage to the bodily integrity
or health;
g) which 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, the content was replaced for art. 309 of the Criminal Code, and
art. 3091 and art. 328 para (2) let. a), c) of the Criminal Code were abolished.
In the current version, art. 309 reads as follows:
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 or 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, unless this does not constitute
torture, inhuman or degrading treatment,
is punishable by imprisonment from 2 to 6 years 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 5 years.
According to the current penal provisions, neither statutes of limitation, nor
amnesty is applicable to the crime of torture. At the same time, in such cases no
milder punishment can be applied other than that stipulated by law.
CAT/C/MDA/Q/3
In this regard, the necessary amendments were made to art. 60, 107 and,
respectively, art. 79 of the Criminal Code of the Republic of Moldova.
Regarding the criminal case of Pdure vs. Moldova, we can communicate
that as a result of the the European Court of Human Rights's judgement against the
Republic of Moldova, the state made a commitment to amend the Criminal Law so
as to avoid similar cases in the future. Therefore, by Law no. 252 of 8 November
2012 on the amendment and supplementation of several 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 humankind, war crimes, crimes of torture, inhuman or degrading
treatment or other crimes provided for by the international treaties the Republic of
Moldova is party to.
Article 25
4.
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 20112014, 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 Law no. 231 of 25

November 2011 on the approval of the Justice Sector Reform Strategy for the years
2011-2016, and approved the Action Plan for the implementation of the Justice
Sector Reform Strategy for the years 2011-2016, no. 6 of 16 February 2012,
designating the Ministry of Justice and the Prosecutor General's Office as the major
implementers.
The Parliament of the Republic of Moldova approved the national Action
Plan for Human Rights for the period 2011-2014, no. 90 of 12 May 2011. The
commitments laid down in the chapter entitled Preventing and combating torture are
included in the plan mentioned above.
With a view to implementing 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 recommendations of
the UN Committee against Torture, the MoIA drafted and approved a series of
orders which provide actions to prevent and combat torture: Order no. 65 of 12
March 2012 on the 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
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 ill-treatment 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
implementation of the measures planned and results achieved; Order no. 88 of 11

March 2013 on the 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.
Thus, special attention is paid to the action related to ensuring an efficient
internal control for checking 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 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 order to prevent cases of torture against
persons in police custody and in pre-trial detention facilities, MoIA is permanently
checking the activity of the regional subdivisions of the criminal prosecution
authorities as to how they observe the rights of the participants in the proceedings.
There are notice boards containing information about the rights and duties of
suspects, detained, arrested and accused persons in the premises 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 agencies they head so
as to ensure the participation in criminal proceedings of a counsel appointed or
selected by the detained person; to ensure continuous training of the subordinated
staff on the observance of fundamental human rights and freedoms when applying
coercive measures; and to ensure a permanent update of the information on the notice
boards whenever relevant legislation is modified.
During travels to regional subdivisions of the MoIA, MoIA officers
permanently check the observance of the rights of the persons placed in temporary
detention facilities of police inspectorates for the purpose of establishing the legality of
criminal prosecution actions.
Criminal prosecution actions with the participation of detained or arrested
persons are mandatorily carried out in the presence of a counsel.
MoIA ensures that the activity of the criminal prosecution officers is focused,
among other, on taking all the measures to detect cases of tortures, of suspects or
accused persons, and when such cases are detected, 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
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.
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.
CAT/C/MDA/Q/3
In the period from 2009 to the first half of 2013, a series of training events were
conducted by the NIJ in the field of combating torture and ill-treatment, as follows:
2010
6 seminars, ECHR and CPT standards for combating ill-treatment and impunity.
Use of alternatives for temporary detention, trained in total: 170 beneficiaries - 82
judges, 85 prosecutors, 3 other categories.
2 seminars, Investigation in line with the European standards of complaints of illtreatment (torture) , trained in total: 160 - 80 judges, 80 prosecutors, organizers:
NIJ, Council of Europe.
2011
20 seminars, ECHR and CPT standards for combating ill-treatment and impunity.
Use of alternatives to temporary detention, trained in total: 460 beneficiaries - 212
judges, 245 prosecutors, 3 other categories.
3 seminars Preventing and combating torture and other ill-treatment trained in
total: 74 prosecutors; organizers: NIJ, GPO, UNDP, OPCAT.
2012
3 seminars, Methods of investigating cases of torture based on ECHR case-law
trained in total: 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, trained in total: 24: prosecutors;
organizer: NIJ.
first half of 2013
4 seminars Preventing and combating torture and ill-treatment in penitentiaries,
trained in total: 60, 20 judges and 40 prosecutors, organizer: NIJ.
Regarding the transfer of temporary detention facilities from the MoIA to the
MJ, this was carried out by Presidential Decree no. 347 of 30 October 1995 and as a
result of the adoption of Law no. 1036 of 17 December 1996 on the penitentiary
system. Government Decision no. 129 of 15 February 2000, on the approval of the
Regulation of the Ministry of Justice of the Republic of Moldova, reconfirmed the
Ministry's function to manage and control the activity of the penitentiary institutions,
with the MoIA keeping under its authority the temporary detention facilities for
persons that are detained for up to 72 hours, or up to 24 hours in the case of
juveniles.
It is important to note that the sole responsibility for enforcing provisional
arrests under the Enforcement Code lies with the penitentiary institutions
subordinated to the MJ (art. 175 of the Code). In this context, it should be noted that
steps to establish facilities for enforcing provisional arrests are taken by building
new penitentiary institutions as well as creating specialized sectors within those
already existing. To this end, negotiations were held with the Council of Europe
Development Bank (CEB) on a loan enabling the construction of a new short-term
jail-type facility in Chisinau with a capacity of 1500 places that would meet the
European standards. The CEB Governing Board on 14 June 2013 approved the loan
request by the Moldovan Government to the amount of 39 million. The operational
construction plan provides for twelve detention blocks with a capacity to hold 1536
CAT/C/MDA/Q/3
inmates, 64 cells per detention block, a disciplinary isolator for 50 detainees, a

medical facility with a capacity to accommodate 128 detainees and a transit block
for 128 prisoners. This facility is due to replace Penitentiary no. 13 located in
Chisinau. At the same time, actions were taken to prepare the construction site and
the project paperwork for building a similar short-term prison facility, 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 were taken to promote a zero tolerance
attitude against torture, with special attention being paid to the initial and refresher
training programs for the staff of the penitentiary system provided by the Training
Center of the DPI.
Concerning the Training in the field of human rights, subjects in the field
of prevention of torture and ill-treatment were studied. As a result of the cooperation
between the Department of Penitentiary Institutions and the Center for Human
Rights of Moldova (CHRM), whose director is an honorary member of the DPI
Advisory Council, on 21 September 2012, it was decided to develop an Action Plan
on combating torture and ill-treatment in the penitentiary system (approved on 20
December 2012).
Similar actions were also taken to improve detention conditions, and the
current state of affairs can be described as relatively satisfactory; complex actions
were carried out to provide arguments for the financial needs for improving cell
blocks, medical care, prison food and other needs, following which State Budget
allocations for these items increased significantly, as follows:
extensive and running renovations MDL 7,468,900 in 2011 to MDL
8,343,400 in 2012;
medical care - from MDL 2,589,600 in 2011 to MDL 3,156,100 in
2012;
prison food - from MDL 25,439,600 in 2011 to MDL 31,265,600 in
2012;
basic supplies for prisoners - from MDL 875,600 in 2011 to MDL
1,109,000 in 2012.
In addition, actions were taken to create better detention conditions, provide
reconstructions, extensive and running repairs, supply of tools, inventory and
equipment necessary for the smooth running of the penitentiaries, within the limits
of the funds granted from the state budget, as well as by national and foreign donors
and investors.
Based on the recommendations of the European Committee for the
Prevention of Torture and Ill-treatment (CPT), measures have been taken to improve
the quality and diversity of food, to provide better medical care and qualified
treatment, improve re-socialization and social reintegration measures, provide
safeguards and ensure that prisoners can exercise their rights, and last but not least,
conduct activities for increasing the responsibility and attitude of the personnel of
the penitentiary system towards these.
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
measure, to implement alternatives to pretrial detention, and to separate convicted
prisoners from those held in pretrial detention?8
8
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.
CAT/C/MDA/Q/3
Overall, during the period from 4 August 2009 to 30 June 2013, at the
temporary detention center of the PD of Chisinau municipality a total of 7,989
persons were detained, of whom: 7,132 men, 626 women, and 229 juveniles.
Those aged between 18 - 35 years 5,392 persons; 35 - 80 years old 1,741
persons.
As of 1 October 2013, 6,666 persons were held in the penitentiary institutions
of the Republic of Moldova, of whom 5,406 were convicted and were 1260 pretrial
prisoners. Broken down by gender, 429 of the total number of detainees were
women and 6,210 men.
As per the age criterion, 0.6% were minors (24 minors held on remand and
21 minors convicted, as well as 6 convicted adults aged 23 years old or younger in
whose respect the court, upon the request of the administration of the penitentiary,
decided to allowed them to continue serving their sentences in the youth detention
facilities), 72% of detainees were aged 20-40 years and 25.4% of detainees were
aged 40-60 years; prisoners aged 60 years or older represent approximately 2% of
the total number of detainees.
As per the criterion of committed offenses, 24.4% of prisoners were detained in the
penitentiary institutions for murder and 11.9% for intentional severe bodily injury or
damage to health. Also, one of the most frequent crimes are theft, with 14.2% of the
prisoners having committed this offense, and burglary, with 11%.
Compared to 2012, the number of prisoners who committed sex crimes has
increased by 1% to 9.25 %.
The classification depending on the categories of offenses committed is
described in the following charts, as of 1 April 2013.
Break-down by type of committed offenses:
Actually detained
Offenses
Murder art. 145,
147 (corresponding to
art. 88, 89, 92 of the
1961 Criminal Code )
Intentional severe
bodily injury or
damage to health
art. 151
(art. 95 of the 1961
Criminal Code)
Kidnapping art. 164
(art. 64; 1132 ; 125;
214 of the 1961
Criminal Code)
Trafficking in
human beings art.
165
(art. 1131; 1132 of the
1961 Criminal Code)
+- pers.
+- %
as of 1 April
2013
1348 (26.01%)
as of 1 April 2012
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 %
CAT/C/MDA/Q/3
Crimes against
sexual life art. 171 175 (art. 102, 103 of
the 1961 Criminal
Code)
Theft art. 186 (art.
119 of the 1961
Criminal Code)
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 1961
Criminal Code)
403 (7.78%)
428 (8.33%)
-25
-5.8 %
Burglary art. 188

(art. 121 of the 1961
Criminal Code)
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%
Trafficking in
children art. 206
(art. 1131 of the 1961
Criminal Code)
Illegally taking
children out of the
country art. 207 (art.
1123 of the 1961
Criminal Code)
Illegal activity
related to the
movement of
narcotic substances
art. 217-219 (art.
2251 of the 1961
Criminal Code)
Economic crimes
art. 236-258
Banditry art. 283
(art. 74 of the 1961
Criminal Code)
Actions disrupting
the activity of the
penitentiaries art.
286 (art. 741 of the
1961 Criminal Code)
Hooliganism art.
287 (art. 218 of the
1961 Criminal Code)
CAT/C/MDA/Q/3
Illegal use of
weapons and
munitions art. 290
and art. 292 (art. 227
of the 1961 Criminal
Code)
Crimes committed
by officials art. 324332
(art. 184189 of the
1961 Criminal Code)
Military crimes art.
364-392
(art. 238270 of the
1961 Criminal Code)
Other crimes
Total
1 (0.01%)
6 (0.11%)
-5
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%
Break-down by criminal relapse
I time offender
II time offender
III time offender and
more
Total
Actually detained
as of 1 April 2013
as of 1 April 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%
Break-down by terms 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 1 April 2013
as of 1 April 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%
CAT/C/MDA/Q/3
Description according to age
Up to 15 years old including

18 - 21 years old including
21 30 years old including
over 60
Total
Actually detained
as of 1 April 2013 as of 1 April 2012
3 (0.05 %)
3 (0.05 %)
12 (0.23 %)
6 (0.11 %)
10 (0.20 %)
7 (0.13 %)
300 (5.80 %)
261 (5.07 %)
1666 (32.15%)
1760 (34.25%)
1681 (32.45%)
1719 (33.45%)
895 (17.28 %)
856 (16.66 %)
330 (6.36 %)
278 (5.41 %)
165 (3.18 %)
153 (2.98 %)
119 (2.30 %)
97 (1.89 %)
5181 (100%)
5140 (100%)
+ - pers.
+-%
+6
+3
+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
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
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

Actually detained
as of 1 April 2013
as of 1 April 2012
+ - pers.
+-%
CAT/C/MDA/Q/3
Illiterate
Primary education
Incomplete secondary
education
Secondary education
Special secondary
education
Incomplete higher
education
Higher education
Total
80 (1.55 %)
203 (3.91 %)
2800 (54.04 %)
116 (2,25 %)
267 (5,20 %)
2657 (51,70 %)
-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 %)
5181 (100%)
96 (1,86 %)
5140 (100%)
-4
+ 41
-4.1 %
+ 0.7%
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?
To facilitate conditions for monitoring the state of prisoners in temporary
detention centers, the respect of the rights of the persons detained in the special
MoIA institutions, in line with the European Committee requirements for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT),
and compliance with MoIA's Order no. 308 of 07 November 2011, On amending
and supplementing MoIA Order no. 5 of 5 January 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 a temporary detention
facility is informed about his/her rights and obligations, attaching this information to
all personal files of the prisoners and subject to their signature, as well as to install
information boards at the entrance to the temporary detention facilities listing all the
rights of the detained or arrested persons.
As regards procedure, it should be noted that new regulations were
introduced in the Criminal Procedure Code which are related to the documentation
of the persons detention, intended to strengthen the safeguards afforded to the
person to be placed in detention.
Specifically, in art. 167 para (1) of the Criminal Procedure Code, an express
obligation was has been introduced to record in the detention report the physical
condition of the person detained, complaints related to his or her health condition,
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.
CAT/C/MDA/Q/3
what he or she is wearing (description of the clothing), 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) of 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 introducing para (2) in art.175 1 , which states that the
person detained in conditions set forth in para (1) is immediately subject to
medical examination upon entry into or discharge from the place of detention,
as well as upon request, including at own expenses, throughout the detention. The
medical examination is carried out confidentially.
Simultaneously, art. 64 para (2) pt. 15 1) of the Criminal Procedure Code
stipulated expressly the right of the suspect to have access to independent medical
examination and aid, including at own expense, immediately after being detained or
after being notified about the decision on the application of provisional arrest.
Aside from those mentioned above, it should be stressed that steps are
regularly taken to create decent detention conditions (separate beds, mattresses,
bedclothes, blankets, pillows, WC, sinks, ventilation systems and natural light, etc.).
In particular, proper conditions were created for prisoners to have
confidential meetings with their counsels, without limiting their frequency and
duration, etc. In this regard, in each temporary detention facility there were arranged
rooms for visits and prosecution proceedings. Currently, detention conditions for the
persons placed under arrest under the Code of Administrative Offenses and the
Criminal Code have improved essentially, and concrete steps shall be taken to finally
settle this issue.
At present, the persons detained or under arrest are granted meetings with
their counsels during daytime from 06.00 to 22.00 hrs, including on Saturdays and
Sundays, without limits as to their frequency and duration.
To ensure observance of the rights of the persons detained at the MoIA
special institutions, in line with the requirements of the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment (CPT), MoIA
employees are required, in respect to the persons detained, to comply with the
following rules: immediately notify close relatives; ensure confidential counsel
access; ensure access to a doctor, including for medical examination; and issue them
with a notice of rights, whose receipt they must confirm by signing a declaration.
The detention conditions of the persons in temporary detention facilities
subordinated to the MoIA were adjusted to the requirements set out by the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment
(CPT) recommendations, being harmonized with a view to ensuring respect for the
fundamental human rights.
According to the tasks set by the MoIA on the observance of the rights of the
persons detained in the MoIA special institutions, as well as following the visits of
the representatives of the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment (CPT), a series of rights for the persons detained
by the police have been highlighted as primary:
- to be verbally familiarized with the essence of the suspicion, the grounds and
reason for the deprivation of liberty;
CAT/C/MDA/Q/3
- to request a verification 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 footwear, as well as other objects and items, whose list is
set out in the Regulation of internal order in the temporary detention facilities;
- to receive free food according to the established norms and other forms of material
support;
- to be entitled to one hour walks daily;
- to receive packages, packages and parcels, to be entitled to short visits, to send
mail;
- to refrain from making statements to avoid self-incrimination;
- to be assisted by a counsel of his/her own choice or one appointed by the state;
- 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, or a forensic doctor if appropriate, with
the detailed description of the injuries ascertained;
- to benefit from free medical treatment;
- to benefit from personal hygiene.
Minors, women accompanied by children and pregnant women enjoy daily
walks lasting for up to 2 hours.
Often when conducting monitoring of detention facilities, representatives of
the institutions mentioned above, in addition to other tasks, offer free legal
counseling to the prisoners. Further, legal counseling is primarily offered by
counsels (lawyers) who, for the purpose of these activities and upon the consent of
the criminal prosecution officer, has the right to unlimited communication with the
client, with the latter being advised of the conditions of complying with the legal
restrictions related to the running of criminal or administrative proceedings and the
detention regime, including the terms of enjoying free legal counseling.
The institutions which ensure the detention of persons may be visited by
other persons with a special permission by the administration of these institutions or
of officials higher in the line of authority, 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 which hears the case.
We would like to inform you that with a view to preventing torture and other
forms of ill-treatment in police custody, in particular with regard to the measures
aimed at bringing the perpetrators to justice, and for the purpose of ensuring
confidentiality of the meetings of the person in the custody of prosecution
authorities with the counsel, proper conditions were created for prisoners to have
confidential meetings with their counsels, without limiting their frequency and
duration, etc.; in this regard, rooms were arranged in each temporary detention
facility for visits and prosecution proceedings.
In this context, based on notifications issued by the Prosecutor General's
Office following violations during visits of some lawyers to their clients held in
temporary detention, in the temporary detention facility of the Chisinau General
Police Station, which were due to the lack of permission by the prosecution
authority or lack of working hours on Saturdays and Sundays at some detention
facilities, a MoIA order was issued to amend pts. 5.15, 5.17 and 5.21 of MoIA Order
no.5 of 5 January 2004 were amended.
Presently, meetings of the detained or arrested persons with their counsels are
allowed during daytime from 06.00 to 22.00 hrs, including on Saturdays and
Sundays, without no limits as to their frequency and duration.
CAT/C/MDA/Q/3
Regarding the measures adopted to strengthen the independence of the NPM

from the Ombudsman's Office, we would like to communicate that in order to avoid
restrictions of access to specialized MoIA locations by the ombudsmen and
members of the Advisory Council, on 10 December 2009, MoIA Order no.418 was
issued to supplement MoIA Order no. 430 of 28 December 2008, and namely the
Regulation on ensuring the security and regime of access to the premises of the
MoIA bodies and subdivisions, with the following content: pt. 13 letter a) after the
words Prosecutor General's Office and the regional office was supplemented with
the following: ombudsman, member of the Advisory Council, public servant of the
Center for Human Rights, and in annex no. 21 to the Instructions on the activity of
temporary detention facilities of MoIA Order no. 223 of 06 July 2012, after pt. d)
member of parliament was supplemented with the following: ombudsman,
members of the Advisory Council and other persons replacing them.
The temporary detention facilities of the Ministry of Internal Affairs are
monitored by representatives of the Moldovan Helsinki Committee for Human
Rights and of the Center for Human Rights of Moldova and other non-governmental
organizations working in the field.
With a view to complying with the provisions of art. 23 2 of Law on
Ombudsmen no. 1349 of 17 October 1997, as well as for the purpose of developing
a National Mechanism for preventing torture and ill-treatment, the MoIA issued
directive no. 6/1997 of 5 August 2011 on informing the regional MoIA police
subdivisions about the establishment of the members of the Advisory Council of the
Center for Human Rights and their duties, whereby it was ordered to all heads to
ensure that the subordinated staff is informed about the composition of the members
of the Advisory Council of the Center for Human Rights, as well as about their
rights, the free access of the Advisory Council members to the subordinated
institutions; efficient and productive cooperation with the Advisory Council
members, as well as the designation of an administration member responsible for
providing the required assistance during monitoring visits.
Further, on 5 August 2011, MoIA issued Directive no. 6/1997 on informing
the regional MoIA police subdivisions about the appointment of the Advisory
Council members of the Center for Human Rights and their duties.
Through 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 Council 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 Council members to
subordinated institutions, including temporary detention centers (according to the
annex), efficient and productive cooperation with the Advisory Council members, as
well as the designation of an administration member responsible for providing the
required assistance during monitoring visits.
Additionally, the MoIA employees were warned they could face disciplinary
sanctions should they fail to comply with these requirements or in case of restricting
access of Board members to the police inspectorates, including to detention
facilities.
At the same time, we would like to inform you that the MoIA took a series of
actions aimed at ensuring the rights of the persons detained in temporary detention
facilities, preventing and combating cases of torture or inhuman and degrading
treatment, by regularly conducting surprise inspections at MoIA's special institutions
CAT/C/MDA/Q/3
in a bid to identify prisoners with complaints or with signs of inhuman or degrading

treatment applied to them by police officers.
In order to avoid cases of illegal detention of persons in temporary detention
facilities, as well as of inhuman and degrading treatment, the MoIA carried out 63
surprise inspections in 2011 and 150 others in 2012, and they revealed no case of
illegal detention.
Also, the MoIA personnel, as well as the staff of the temporary detention
facilities from the regional subdivisions, are permanently reminded of the severe
consequences which may occur in case the right of persons under administrative and
criminal arrest to complain to the representatives of the institution would be
restricted.
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 alleging acts of torture and ill-treatment at the hands of the
staff of temporary detention centers were thoroughly examined, including through
visits to the premises of the penitentiary institutions and evidence gathering. In case
the information claimed in the complaints was confirmed, the evidence was handed
over according to the competences to the prosecution authorities.
As a result of these actions, in 2012, 13 criminal cases were opened on
charges of abuse of power and 7 criminal cases on charges of torture. In a criminal
case of those 7, an officer of the temporary detention facility was convicted to one
year's imprisonment, under art. 79 of the CC, with the sentence to be served in a
closed-type penitentiary, and with a 3-year ban on holding official positions in the
law enforcement authorities. In 2012, 13 officers (20 persons in 2010 and 13 persons
in 2011) were dismissed from the penitentiary system for disciplinary violations and
4 others (11 persons in 2010 and 10 persons in 2011) were 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
effectively and expeditiously the lawfulness of their detention through habeas
corpus;
Upon MoIA's initiative, the first step was taken to ensure transfer into
penitentiary facilities of all persons with an arrest warrant, and in particular by
following the provisions of MoIA Order no.25 of 24 January 2008 it was possible to
precisely put into effect arts. 323, 324 and 328 of the Enforcement Code, which
prescribe that the persons arrested under the Code of Administrative Offenses shall
be escorted for subsequent detention in a penitentiary facility. This enforced the
principle of the separation of powers between the prosecution authority and the
detention authority.
An analysis of the activity of the temporary detention facilities (TDF)
subordinated to the Ministry of Internal Affairs shows that over the years some
heads of police inspectorates allowed for persons placed under provisional arrest to
be detained for periods 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;
CAT/C/MDA/Q/3
To ensure the mandatory and periodic procedure of medical examination of

prisoners, each prisoner in the TDFs is daily questioned regarding his or her health
condition, and in case when the detained person requires medical assistance he or
she is escorted to the medical facility to receive it, with corresponding records being
made in the logbook of the assistance provided.
Where required, the emergency team 903 is called for a more extensive
medical examination, and the detained person may be admitted to specialized
medical institutions for thorough checks.
All doctor visits or cases of medical assistance 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 MoIA Order no. 384 of 26
October 2006 on medical examination of the person detained and placed in the
TDFs, medical examination is mandatorily performed when a person is placed into
or leaves the TDF, with the medical examination report being executed in two
copies. In case the detained, arrested or convicted person refuses to receive medical
examination from the TDF paramedic, upon his or her request it is allowed for the
examination to be run by a proposed independent doctor. If the medical examination
reveals signs which indicate possible actions of torture or inhuman treatment, the
medical personnel is required to immediately inform the administration of the
subdivision and the prosecution service. In 2011, 2 such cases were recorded, which
nevertheless were not confirmed following an examination by the prosecutors
office.
Additionally, pursuant to the provisions of pt. 19, Chapter II of MoIA Order
no. 223 of 6 July 2012, upon registration/transfer of detained persons in/from the
TDFs, they must be examined by the TDF paramedic, who draws up a
corresponding report, and subsequently they are subjected to sanitary disinfection in
specially arranged rooms supplied with the necessary medication. Due to the fact the
police inspectorates' TDFs were staffed with a paramedic, issues related to the
provision of first aid and primary medical care, sanitary, anti-epidemic and
disinfection measures, prevention and combating of infectious diseases have
improved.
If the person detained in the TDF requests medical assistance or when clear
symptoms of illness occur, a paramedic is called from the medical service of the
MoIA or the nearest health care institution to deliver a medical opinion about the
possibility of further detaining that person in the TDF.
Any request addressed to the police authorities or TDF by the detained or
arrested person to be seen by a doctor or to undergo a legal medical examination
shall be urgently satisfied.
Any medical examination is performed in the absence of others, including of
police officers, who could overhear the conversations of the examined person with
the medical personnel, except for particular cases when the medical personnel
requests otherwise.
At the time of placing in custody the detained persons shall be examined to
check if they have any signs of violence and if present, it is necessary to record any
such sign in the detention report, with adequate descriptions as to their nature,
circumstances and time of their occurrence; if such signs of violence were not
recorded, the administration of the detention facility may be held accountable.
The persons held in police custody shall undergo medical examination
immediately and promptly. Should a threat against the life or health of the prisoner
exist, even if this is caused following his or her own initiative, the MoIA subdivision
shall take all the essentially necessary measures to save the life and health of that
person (force-feeding, protection from suicide or self-mutilation).
CAT/C/MDA/Q/3
According to the provisions of point 15 of the Ministry of Justice's Order no.

478 of 15 December 2006 on the approval of the Regulation on the provision of
medical assistance to persons detained in penitentiary facilities, when receiving
newly arrived in the penitentiary (including those in transit), a provisional medical
examination shall be conducted to identify persons who pose an epidemiological
threat, sick persons in need of emergency medical help, and to establish the presence
of bodily injuries or other signs of violence or torture, or the existence of
intoxication, etc.
In 2012, mandatory radiological examination revealed 56 cases of
tuberculosis upon admittance to the penitentiary system (34% of the TB reported
cases). Persons with traumatic injuries were detected in 25% (95 cases) of the 380
cases reported that year.
When a prisoner is established to have bodily injuries, primary medical
assistance is provided. When necessary, detainees are admitted to the medical unit of
the penitentiary or is transferred to an in-patient medical unit, receives medical aid
and according to the doctors report, measures are taken to deliver them to an inpatient unit. The staff of the medical facility is trained to examine prisoners for the
purpose of establishing the presence of bodily injuries or other signs of violence. If
bodily injuries are found, a medical certificate shall be drawn up in two copies,
which will be attached to the personal file and the medical record of the prisoner.
The officer on duty and the administration of the institution shall be informed of
these findings, and they shall further notify, in writing and without delay, the
Department of Penitentiary Institutions and the regional prosecutors office.
As regards the efficiency of the training provided to the medical staff of the
penitentiary facilities in establishing the presence of bodily injuries, with a view to
enhancing the capacity of the penitentiary personnel to prevent and combat 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 made following visits to the Republic of
Moldova of the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment (CPT) in the previous years, during medical procedures
(examination, diagnostic procedures, treatment procedures) patients remain in
private with the medical staff, in the absence of the security personnel. Medical
examination of all prisoners, as well as consults by specialized medical experts are
carried out with respect for patient confidentiality, beyond the range of hearing,
except for cases when the involved medical personnel expressly request otherwise,
and far from the eyesight of the members of the personnel other than medical or
related. Most doctors provide consults in separate offices or examination rooms in
private with the 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 accordance with the requirements of the legislation on confidential
information.
Recently, a Regulation was developed on the protection of personal data
about the health condition of the persons held in the custody of the Department of
Penitentiary Institutions, approved by Order no. 228 of the Department of
Penitentiary Institutions on 19 September 2013.
In 2013, contracts valued at a total of roughly MDL 960,000 were signed
with 8 public medical and sanitary institutions of the Ministry of Health on the
provision of medical assistance and investigation services. In the period from 2011
to the third quarter of 2013, the following medical services were performed under
this arrangement:
Institution
2011
2012
9 months 2013
CAT/C/MDA/Q/3
number
examined
patients
Investigated at
MH institutions
Expert consults
Ultrasound
examinations
(USG)
Computerized
tomographies
(CT)
Computerized
tomographies
(CT)
Investigations
at the Prosthesis
Factory
Surgeries:
Child deliveries
of
157
number of
examined
patients
281
number of
examined
patients
-
145
92
182
106
530
90
18
25
34
18
25
34
10
9
2
25
3
By rate of incidence among prisoners in 2012 health issues occurred as follows:

- 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 pathologies.
In this context, it should be noted that the cooperation with the IMSP of the Ministry
of Health is exemplary, and the convicts enjoy medical assistance without any
impediments. 34 prisoners were treated in in-patient units of the public medical
institutions with which contracts on medical service provision exist.
According to art. 232 pt. 4 of the Enforcement Code, convicted persons may receive
at their own expense consults from a private doctor. In the first 9 months of 2013,
prisoners received 18 consults from dentists, 3 consults from ENT doctors, 1 consults
from oncologists, 3 consults from urologists, 3 ophthalmology consults; 2 consults
from angiosurgeons; 1 consult from a neurosurgeon, 1 consult from a traumatologist; 2
dermatology and venereology consuls; 1 consult from an endocrinologist; 3 consults
from urologists; 5 ultrasound tests, 2 X-ray tests; 1 fibrogastroduodenoscopy test; 1
MRI test; 1 dopplerography test; 1 fibroscan test; 1 fixation 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%
CAT/C/MDA/Q/3
Mortality statistics amongst prisoners in 2010-Q3 2013 are the following:
1
2
3
4
5
6
7
8
9
Disease
2010
2011
2012
Tuberculosis
and HIV / TB
AIDS proper (without TB)
Cancer
Nervous system diseases
Cardiovascular system diseases
Respiratory diseases (except TB)
Digestive system diseases
Traumatic 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
Mortality statistics saw a transition from infectious to non-infectious causes.

Medicines and para-pharmaceutical products in penitentiary institutions are
procured based on a presentation of the requirements for medicines, parapharmaceutical products, disinfectants and equipment by the Medicines Agency,
which, according to Government decision no. 568 of 10 September 2009 on the
approval of the Regulation on the procurement of medicines and other health
products for the health system needs, organizes and conducts at the national level
centralized public procurements of medicines and other health products. The
Medical Division of the DPI concludes contracts with the designated winning
companies, following which the procured goods are delivered to the penitentiary
facilities based on a fiscal invoice.
In 2012, contracts with 46 pharmaceutical companies were signed for
medicines valued at 1,506,498.27 MDL, with 1,120,882.35 MDL being allocated
from the state budget and 385,615.92 MDL from humanitarian aid.
Medical products in 9 months of 2013 were bought to the amount of 2,060
375,304 MDL from state budget 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 (including a surgeon, psychiatrist, ophthalmologist,
otolaryngologist, dermatovenerologist, infectious disease specialist, general
practitioner, neurologist, phthisiologist) from the Penitentiary Hospital for the
examination and selection of patients requiring treatment with subsequent transfer to
the penitentiary hospital.
As concerns the psychiatric section of 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 window frames and
metallic grills were installed to increase the amount of daylight the detainees
receive. Each cell is equipped with natural and mechanized ventilation system,
separate technical-sanitary blocks and the heat supply system was upgraded.
At the time of reporting, a medical specialist for the position of neurologist is
being hired on a half-pay basis. The position of head of the psychoneurological
section is still vacant.
Q3
2013
3
2
0
9
1
5
2
1
2
3
28
CAT/C/MDA/Q/3
To improve the situation in penitentiaries, on 27 September 2013, by DPI

Order no. 108d Regarding the measures of physical coercion in the psychiatric
wards of the penitentiary system, a set of Guidelines were developed on how
physical coercion may be used in the psychiatric wards, and a similar Register of
measures of restraint and seclusion applied to patients was developed for all the
medical services.
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 transferring them 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 during April 10-13, 2012; the mission was coordinated with the
Ministry of Health and Ministry of Justice. In order to decide on the Republic of
Moldovas model of health service management in detention institutions, as there are
both successful and unsuccessful experiences of the countries in the region, it was
decided to develop a public policy to address the matter, with an Action Plan on
professional independence of the medical service staff in detention facilities due to
be drafted 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 entitlements afforded upon arrest and interrogation of the person
is the right to request a medical examination by a doctor of his or her own choice.
The medical examination must be performed in the absence of state agents (police,
representatives of the isolation ward). Thus, if the detained, arrested or convicted
person refuses medical examination, upon his/her request he/she must be allowed to
be examined by a suggested independent doctor. However, if the detainee's health
deteriorates or the necessity of surgery emerges while in detention in the DPI, the
detainee is escorted by guards to the hospital on the territory of the DPI or to the
hospital of the Department of Penitentiary 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 Council of Europe's Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (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.
11
Ibid., para.13.
CAT/C/MDA/Q/3
In most Police Inspectorates the existing registers were not used in strict
compliance with MoIA Order no.5 of 5 January 2004. Data of the apprehended
persons and those detained in the DPI were not complete. For example, data
reflecting the time and date of taking detainees in custody were absent, and so were
data regarding their release from the DPI, or data on police officers who
accompanied detainees out of the DPI, etc.
To redress this, and with a view to implementing the Automated Information
System Concept "Register of criminal investigation and criminological information"
and services for 2011-2012, approved by Government Decision no.690 of 20
September 2011, Art. 303 of the Enforcement Code, Criminal Procedure Code, the
CPTs and ECHR recommendations, as well as with the purpose of preventing
inhuman and degrading treatment, on 15 March 2012, by Directive no. 6/660 on
additional measures of surveillance of the temporary detention facilities
subordinated to the MoIA, the heads of the general police inspectorates were
ordered to strictly comply with the provisions of art. 323 and 328 of the
Enforcement Code, which requires that the persons subjected to preliminary
detention or administrative penalty be immediately escorted to penitentiary
institutions.
The transfer of MoIA detention facilities under MoJ jurisdiction is not
necessary, as the Ministry of Internal Affairs administrates temporary detention
facilities that are intended to accommodate and confine detained persons under art.
166 of the Criminal Procedure Code for a period of 72 hours.
In addition, Directive no. 6/2111 of 22 August 2012 regarding additional
surveillance measures in the temporary detention facilities of MoIA, set forth the
following instruction: strict compliance with the provisions of art. 303 and 318 of
the Enforcement Code, whereby persons in preliminary detention and those
subjected to administrative penalty shall be immediately escorted to penitentiary
institutions.
With a view to implementing the recommendations made by CPT, EC and
CHRP with regards to the reduction of the detention period for the persons deprived
of liberty in the subordination of the MoIA, the Enforcement Code was amended by
adding a new article (by Law no. 28 of 01 March 2012). Art. 175 1 of the
Enforcement Code of the Republic of Moldova states that Detention not exceeding
72 hours, as a coercive procedural measure, shall be ensured in temporary detention
facilities, except for members of the military, whose detention shall be take place in
the garrisons or the military commandment of the garrison, respecting the human
rights and fundamental freedoms and adequate detention conditions.
In the temporary detention facilities persons are detained for a period of 72
hours under Art. 166 CPC, and the persons placed under provisional arrest are
escorted to and detained in the MoJ penitentiary institutions.
The heads of the territorial subdivisions of MoIA were instructed to promote
with the strongest rigor and at regular intervals of time, a zero tolerance
message with regard to ill-treatment at the hands of police. This message must be
easy to understand and all the available means must be employed to ensure that the
perpetrators of ill-treatment and all those involved, including through cover-up or
encouragement, are brought to justice.
When a person firmly claims that he or she has suffered, at the hands of
police or other similar state services, any forms of treatment that contravene art. 3 of
the Convention, this provision, combined with the general obligation imposed on the
State by art. 1 of the Convention to secure to everyone within [its] jurisdiction the
rights and freedoms defined in [] this Convention, requires that effective
prosecution actions be conducted. These actions must lead to the perpetrators being
identified and brought to justice.
CAT/C/MDA/Q/3
At the same time, in order to keep a strict record of the persons in the custody
of criminal prosecution authorities and to proceed with implementing Government
Decision no.1202 of 17 October 2006 on the approval of the Concept of the Law
Enforcement Integrated Information System, Government Decision no.25 of 18
January 2008 on the approval of the Concept of the Automated Information System
'The Register of detained, arrested and convicted persons', implementing subpoint
7.13, pt 7 of chap. 3 of the MoIA Human Rights Action Plan for the years 20122014, approved by MoIA Order no.56 of 7 March 2012, as well as to perform
actions to improve legislation for the protection of the rights of special groups of
persons (detained, arrested, convicted persons), the MoIA set forth the following
proposals:
all the persons from the moment of detention or arrest by the employees of
MoIA subdivisions shall be recorded in the Law Enforcement Integrated Information System,
(hereinafter - LEIIS), including all movements, in court, penitentiary institutions, hospitals, etc..
The registry of detained, arrested and convicted persons, which represent
specialized information resources, should contain data on the persons in custody (detained,
arrested and convicted). This registry will perform the function of automatic exchange of
information between law enforcement bodies on the detained and convicted persons and will
enable the automation of actions of non-procedural character (document preparation, collection of
data characterizing a person, courier 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 register of the detained, arrested
and convicted persons detained in temporary detention facilities, will enable not
only an automated monitoring of the detention conditions and treatment of the
detainees (including decisions on their complaints), but also an active participation
of the international community and civil society in the promotion of democratic
values and respect for human rights, as well as to raise the level of legal literacy
among the police officers working in the penitentiary system.
This document is proposed to establish the goals, tasks and functions of the
Automated Information System Register of detained, arrested and convicted
persons, the organizational structure and the legal-normative framework needed to
create and run the system, the system objects and the list of data to be stored in the
system, the technological infrastructure and the measures to ensure information
security and protection.
The Register of detained, arrested and convicted persons (hereinafter RDACP) will be a specialized information resource that will contain data on the
persons in detention (detained, arrested and convicted).
The introduction of such a system will enable the achievement of the
following goals:
a) creation of information resources on the detained, arrested and convicted persons;
b) effective, stable and secured provision of information on the activity of the
internal affairs bodies;
c) prompt provision of accurate information to the leadership of the country;
d) informational interaction and cooperation in the process of interstate and
international information exchange;
e) upgrade to modern technologies of the law enforcement activity;
f) direct interaction between the leadership of the country, citizens and law
enforcement by use of information technologies.
CAT/C/MDA/Q/3
The creation of the Automated Informational System The register of

detained, arrested and convicted persons shall be based on the following principles:
a) top-person/single centre principle, which implies the existence of an actual highranking leader who has sufficient powers and abilities to make decisions and
coordinate the development and operation of the System;
b) principle of data reliability, which implies entering data into the 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: data integrity concerns
the quality of the data, when their content remains unaltered and they can be
interpreted unambiguously in the event of accidental actions. Data integrity is
considered to be preserved if the data were not distorted or destroyed (erased). Data
completeness refers to the complete amount of information on the recorded 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 unauthorized 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 Information System The
register of detained, arrested and convicted persons is 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, the 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 Information System The register of detained, arrested and
convicted persons it would be useful to update the following data by systematic
introduction of modifications (corrections, additions) in the database of the
Automated Information 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, cases of
receiving medical assistance, escorting to medical institution, prison escape, death,
strangulation, termination of the criminal case, replacement of the preventive
measure; expiry of detention/arrest term, unless not extended according to the law.
The data from the above-mentioned Register shall contain the following
information: surname, name, father's name, date, month and year of birth, residence,
place of birth, place of residence, nationality; in case of detention under the Code of
Administrative Offenses: individual identification number (IDNP); identification
number of the administrative offense report; number of the 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; arrest under the provisions of the
Criminal Procedure Code shall contain: individual identification number (IDNP);
identification number of the report; 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 of the medical examination, date of the medical examination and its
findings.
CAT/C/MDA/Q/3
(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 afforded all the fundamental guarantees
provided by law, and namely:
a)
The right of a detained person to inform one of the close relatives or other person about
the place of his or her detention a right stipulated in CPC of RM in art. 66 para. (2) pt 13), 173.
(1) CPC;
b)
Access of the detained or arrested person to a lawyer a 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 to be examined,
upon his or her request, by a doctor of his or her choice, in addition to the medical examination
performed by the doctor appointed by the police a right stipulated in art. 64, para. (2), pt.15), 15
) CPC;
d)
Issue the detained person with a notice of rights, whose receipt he or she must confirm
by signing a declaration a right stipulated by art. 64, para. (2), pt 2) CPC;
Criminal investigation officers are required to investigate offenses 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 qualified to provide legal assistance, which are
not limited (Article 213);
- Medical examination by a doctor from outside the penitentiary system indicated by
the detained person, or a forensic expert (Article 232);
- Information, in a language that he/she understands, on his/her rights and obligations,
and about the ways and terms of serving the sentence (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
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
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
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. In this regard, 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 of 30 March 2006.
The United Nations Convention against Transnational Organized Crime was
also ratified, the Law no. 15 of 17 February 2005, as well as the Optional Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, Law No.17-XV of 17 March 2005.
In the Trafficking in Persons Report published by the U.S. Department of
State in 2013, the Republic Moldova ranked as a Tier 2 country. It should be noted
that until 2008, Moldova placed on Tier 3, rising to the intermediate Tier 2 Watch
List in 2009 and 2010. The advancement to Tier 2 is an indicator of progress, which
highlights the fact that prevention and combating of trafficking in human beings is
among 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, with
the creation and extension to the national level of the Multidisciplinary Teams within
the National Referral System playing a substantial role in this, a fact which was
acknowledged and appreciated at regional and international level.
At the present time, the draft of the Activity Regulation of the Territorial
Multidisciplinary Teams of the National Referral System has been developed and
sent for approval to the relevant authorities and institutions, by letter no. 08/1468 of
1 August 2013. On 24 September 2013 a public consultation was held to discuss this
paper.
In order to ensure effective protection and assistance to victims and potential
victims of trafficking, by Government Decision no. 847 of 11 July 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 together with the International Organization for Migration Mission to
Moldova, under the Joint Activity Agreement of 21 July 2008 between the parties.
A basic instrument for the identification of the beneficiaries of the Centre is
the National Referral System (NRS), created under Parliament Decision no. 257 of
05 December 2008 regarding the approval of the National Referral System Strategy
for the protection and assistance of victims and potential victims of human
trafficking.
According to the Regulation on the organization and operation of the Centre,
approved by MLSPF Order no.083 of 26. March 2010, this is a specialized
institution providing assistance and protection in crisis situation to victims and
potential victims of human trafficking (beneficiaries). The centre is often the point
of first contact in the Republic of Moldova for the human trafficking victims who
are repatriated.
14
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
In the period from January to 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 left 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 in at-risk groups, which represents a pro-active prevention of the
phenomenon.
Assistance at 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 an 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 community-level multidisciplinary teams.
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 involves providing 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 adopted by the
multidisciplinary team of the Centre, the duration of the placement may be extended
to 6 months (99 persons have benefited shelter services in the Centre).
Social assistance assistance to each beneficiary is offered based on an
individual assistance plan, tailored to address the immediate and specific needs of the
beneficiary. The plan is developed by the Centres social assistant a case manager,
who consults with the beneficiary and, when appropriate, with the territorial
multidisciplinary team from the beneficiary's place of residence (in the reporting
period 220 persons were assisted).
- Psychological support - the Centre has professional psychologists who help
beneficiaries overcome their crisis situations, dealing in particular with their feelings
of fear, guilt, depression and post-traumatic stress consequences in more difficult
CAT/C/MDA/Q/3
cases. Counselling is carried out in various ways: individually or in groups, by

family counselling, etc.
As concerns psychological issues, they are encountered in about 85% of the assisted
beneficiaries. Compared to the similar period last year, there was a decrease in the
number of assisted beneficiaries, except for human trafficking victims with mental
disabilities, this being due to an increase in internal trafficking rates.
Often these beneficiaries are former graduates from state-run boarding schools,
who have little life experience, lack support from their families support and cab be
easily manipulated.
Psychological intervention for the victims of human trafficking involved both
psychological counselling and psychotherapy as well as efforts to determine and reestablish the beneficiary's mental poise. These efforts aimed at the following: to
reduce feelings of guilt; externalize, verbalize and overcome harmful experiences;
develop self-confidence and confidence towards the surrounding people; restore
relationships with the family; explore internal and external resources; develop
communication skills, etc. (122 people received psychological counselling).
Primary medical care and rehabilitation is provided to beneficiaries both
during their stay at the Centre and after discharge when appropriate. Medical
assistance implies initial diagnosis, followed by treatment for acute illnesses
including supportive treatment for chronic and incurable diseases. For specialized
medical care, in case of deteriorating health, beneficiaries are referred to other health
care services
The profiles of the assisted beneficiaries analyzed, the following are the health
conditions that required medical intervention: increased number of nervous systems
diseases, head and brain trauma, gastrointestinal diseases, respiratory diseases, and
body injuries.
The following mental conditions were identified: schizophrenia (5 cases), epilepsy
(1 case), mental disability (5 cases), alcohol dependence (3 cases).
In the period from January to June 2013, 91 beneficiaries received medical
assistance, of whom 74 were newly registered persons (39 adults, 35 minors) and 17
people received continuous treatment (13 adults, 4 minors).
- Legal assistance beneficiaries are often not aware of their basic rights, therefore
they receive legal advice that explains their right to enjoy protection, compensation,
absolution from criminal liability (if they were involved in committing crimes while
being victims), etc. The assessment of the beneficiaries' needs demonstrates the
necessity for assistance in a wide variety of legal issues. They range from assistance
with acquiring identity documents, child custody, compensation, divorce
proceedings, cases involving property to representation in court in civil and criminal
cases. 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 at the Centre).
With the approval procedure completed, 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 letter no. 08/1709 of 6 September 2013.
CAT/C/MDA/Q/3
In order to prevent and combat trafficking of human beings, there were introduced a
number of amendments in the Criminal Code, including to art. 165 "Trafficking in
human beings" and art. 206 "Child Trafficking".
Art. 206 refers to the forms and purposes of child trafficking, enumerating: sexual
exploitation, commercial and non-commercial, and involvement of children in
prostitution or the pornography industry. In 2011 and 2012 the article was amended
to introduce sanctions for trafficking 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 in a position of authority or a public office holder; d)
committed against children who are in the care, guardianship, protection, education
or treatment of the perpetrator.
Another law amending the Criminal Code, no. 43 of 22 March 2013, denies
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, Law no. 34 of 24 May 2012 was adopted to
introduce a new article in 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, and this is reflected in
national policies and commitments to international requirements. European and
international bodies that regularly evaluate the states anti-trafficking efforts, have
praised the progress made by the Republic of Moldova, and the performance of
keeping a Tier 2 score in the U.S. Department of State's Trafficking in Persons
Report confirms that Moldova makes significant efforts to deter THB.
The statistics of the law enforcement agencies, on the number of recorded
crimes and convictions on cases of THB / TC, and those of the social protection
institutions reflect the activity of these structures, their spirit of initiative, rather than
directly the trends of this phenomenon.
The table below contains statistical indicators provided by the MoIA, GP,
MoJ, MLSPF and IOM, indicators expressing the situation at a certain time.
Year
2006
2007
2008
2009
2010
2011
2012
Statistics of the law enforcement agencies, MLSPF and IOM

THB/TC (art.165/art.206)
Registered Sent to Convicted
Persons Suspended People
No. of
No. of
No. of
crimes
court (per person) sentenced to sentences serving the victims
victims
victims
prison
sentence assisted according to assisted by
by IOM
MoIA
SNR
245/59
141/52
62/7
67
295
41
245/43
150/26
52/7
51
273
34
215/31
96/12
63/5
58
Missing data Missing
158 Missing data
84
data
185/21
102/11
64/4
43/6
159
131
140/21
45/10
48/5
31
139
132
111/24
45/14
35/2
7/1
11/1
98
131
109
151/20
60/5
21/10
13/9
8/1
8
205
290
189
One can observe that in the recent period the number of registered THB
crimes increased significantly on the previous year. This is due to strengthened
proactive intervention capacities of the anti-trafficking actors. Thus, the numerous
trainings received by persons responsible for preventing and combating trafficking
CAT/C/MDA/Q/3
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 prosecution authorities admit that the investigation of THB cases
would be more effective if their employees received training on how to monitor and
control financial transactions, yet no such trainings are available today. It should be
noted that such trainings should be preceded by some amendments to the Criminal
Procedure Code.
The increase in the 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 jobs proposed by false employers, who
ultimately turn out to be traffickers. The imbalance in the national labor market
confirms the vulnerability of rural persons, with some 70% of the registered
unemployed being from rural areas; about 90% of the vacancies registered by local
employment agencies are also from rural areas, and these vacancies come with
unattractive salaries (the vulnerability of these persons described in section 2.2). Of
the total number of victims assisted by IOM Moldova, 89% didn't had a job before
exploitation. All the victims, except for 2 cases, left the country 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. For example:
- to improve effectiveness of combating THB crimes committed outside the
Republic of Moldova, starting from 5 April 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 of 24 April 2012, the Criminal Code
added a new article, and namely 1041 Chemical Castration.
- Another legislative measure was adopted in Parliament (upon second reading),
which denies amnesty and pardon to the persons who committed sexual offenses
against minors.
However, in some practitioners' view, there were also a number of counterproductive amendments introduced, which may negatively influence the activity of
combating THB, such as:
Art. 1328 of the Criminal Procedure Code, under which criminal investigation
authorities may no longer use such pecial investigative measures as interception of
communications in THB related crimes (prostitution, illegal migration).
95
1671
149
82
236
32
29
697
433
13
CAT/C/MDA/Q/3
Art. 1342 of the Criminal Procedure Code, which makes it impossible to track
the proceeds of crime obtained by 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 placement centers), most
THB victims identified and assisted in 2012 had 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. Taking into account the information provided by the Department of
Penitentiary Institutions of MoJ, it can be noticed that out of the 107 prisoners
currently serving their punishment: a person has no education, 4 have primary
education, 96 secondary education, 2 secondary professional (97%), 1 college
education, and 3 have university education.
Moldova is a pioneer in THB prevention by providing social assistance of high
quality to potential THB victims. Preventive activity was aided in particular by the
geographic extension of the NRS and the development of MDTs' capacity to identify
and assist victims and potential victims of trafficking. The table below confirms this:
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 in Moldova has acquired a mature approach and the

methods and the awareness-raising and information instruments are novel and
effective.
Considerations about THB victims
Identification and assistance to victims is performed by NGOs in the
NRS as well as by some NGOs outside the NRS. At the national level, information
about the number of THB victims is 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 arise as
the institutions cannot provide information for all the requested indicators.
Thus, all the institutions responsible for data collection on victims of THB
should focus their efforts on developing a feasible solution to ultimately solve this
problem. To support the above, the table below shows the statistics generated by
these institutions
Total
60
86
287
439
460
760
1403
3495
CAT/C/MDA/Q/3
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
Data compiled by MLSPF regarding 110 victims assisted in the Assistance Centres shows
that:
85% of THB victims are women

76% of THB victims are aged between 18 and 35
100 % of the victims are citizens of the Republic of Moldova
7 % of the victims are members of 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 to properly orient the
initiatives of THB prevention. The figures indicate the degree of vulnerability of the persons.
Therefore, it is necessary to consolidate the capacity of the relevant institutions in terms of
qualitative compilation and provision of the requested information (in order to avoid duplication
and reduce error margins 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 involved the purpose of begging, and at the end of 2012
MoIA was investigating a case of THB for removal of organs. It is important to note 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
Sexual exploitation
Russia
13%
22%
Turkey
40%
Cyprus
15%
UAE
Ukraine
Italy
Greece
Labour exploitation
58%
18%
2%
56%
1%
4%
Begging
1%
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Lebanon
Spain
Moldova
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 prevention. In ideal circumstances, the efforts taken
by all actors to prevent THB crimes should lead to the liquidation of the phenomenon. In this
respect, the disaggregation of prevention actions by ensuring their absorption by society and in
particular by the rural communities could inhibit THB growth.
The Governments endeavor to reduce victimization and discourage THB has been reflected in
26 prevention activities included in the National Plan for 2012-2013. These activities (detailed in
annex 1) have been carried out together with the implementation partners, and their result was
expressed in over 170 events attended by about 3,600 people. 2 video spots, 2 films and one
performance were produced to reduce the vulnerability of groups at risk. The Balti-based NGO
Youth for the Right to Live working in the field of children and youth protection organized
social thematic performances in the northern part of the country.
The Ministry of Education through the educational institutions organized curricular and extracurricular activities on the prevention and combating of THB and related issues, which are
reflected in the table below:
No. of events in schools, colleges
1950 extracurricular activities
No. of beneficiaries
(in residential institutions)

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

348 events
(vocational education and secondary
85,000
18,000
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specialized education)
During 2012, in 14 higher education institutions, there were organized about 90 events on
students ' awareness of the THB phenomenon and which were attended by more than 4,000
students. 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 of, and
assistance to the persons at risk - potential victims of THB. According to the SNR strategy concept
paper, such actions lead to a proactive prevention of THB. According to the EMD reports, in 2012,
at local and district level, a total number of 1,214 people potential victims of THB were 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-budget 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 was held. This initiative 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. Activities at the central level
included sessions of lectures for the students of the State University of Moldova and the Free
International University of Moldova, and a screening of the film New Faces, Old Sufferings at
Odeon Cinema, attended by civil society members, students and mass media. At the territorial
level, the local television stations broadcasted the video and photo contest PLURAL+ Moldova
2011 Migration and Diversity, organized and carried out by IOM Moldova.
During the same period, the volunteers of the International Center La Strada, under the
Program Peer to Peer, organized several seminars with students in pre-university educational
institutions in Chisinau municipality and in the districts 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, neglect, exploitation and trafficking
in human beings during 2012, in the districts of Ungheni, Soroca, Falesti, Chisinau municipality
and in rural communities, including in the Transnistrian region, where access to information is
lower and vulnerability is higher. About 5,000 children and 400 parents benefited from psychosocial activities, which increased the awareness of the participants with regard to child abuse,
trafficking, neglect and exploitation, both in the country and abroad.
In 2012, on the request of the MLSPF and with the CNPAC support, a reflection group
composed of children was created to consult 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 and graduates from boarding schools, took part. Three stages of
consultations have been organized, as a result of which the children outlined their priorities for the
strategy and submitted them to the national authorities, experts, and mass media. The priorities
were subjected to public debate, along with the priorities developed by the expert group working
on the Strategy. On 19 and 20 November 2012, the National Children Forum was held. The event
was attended by 70 children, members of the monitoring groups for observance of children rights
from the districts of Orhei and Leova and embers of the reflection group 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
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The statistics on criminal prosecution activity in combating THB and related crimes show
that 440 such crimes were registered in total across the country in 2012, and 372 crimes were
registered in 2011. As per Criminal Code articles, they break down as follows:
Year CC Article
Number 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
In 2012, prosecution was finalized in respect to 223 criminal cases, out

of which 190 criminal cases ended in indictments and submission to court for
hearing, and in 33 cases charges were dropped.
Of the total number of cases forwarded to court, 60 criminal cases concerned THB
offences, 5 cases of TC, 5 cases of illegal taking of children out the country, 82 cases involved
procuring offences, and 38 cases concerned the crime of organizing illegal migration.
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
Comparing these indicators of activity of the law enforcement bodies in relation to 2011,
one can observe an intensification in activity, 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
procuring (Article 220 of the Criminal Code).
Looking at court statistics on criminal cases involving THB crimes in 2012, one can see
that the courts of original jurisdiction, having pronounced sentences on 117 criminal cases,
condemned 146 individuals and 3 legal entities (compared to 149 individuals and 6 legal entities in
2011). Compared statistics of the number of judgments of conviction handed down in 2012 and
2011 in cases classified as THB/TC and related crimes are illustrated in the chart below:
Year
2011
CC Article
165
206
207
220
No. Of offences
16
2
8
63
CAT/C/MDA/Q/3
362/1
302
2012
43
1
165
21
206
6
207
5
220
64
362/1
20
302
1
The analyzed figures show an increase compared to 2011 and this situation reflects an
intensification of the activity of combating THB in 2012.
One can also remark that prison sentences were delivered against 29 people, of whom 13
persons were convicted for THB, 9 persons for TC, 6 persons for procuring and 1 person for
organizing illegal migration. This indicates an increase in the number of THB and TC cases in
which the perpetrators were punished by imprisonment. At the same time, the analyzed figures
show a decrease in the application of suspended sentences compared to 2011, which indicates a
change in the courts approach to the punitive practice in THB/TC cases. Suspended sentences
were applied to 70 people, of whom 8 persons committed THB offenses, 1 person committed a TC
offence, 4 people committed the offense of illegally taking children out of the country, 48 people
committed procuring-related offenses, and 9 persons committed the offence of organizing illegal
migration. The analysis of the statistical data mentioned above denotes an increase in THB cases
(Article 165 of the Criminal Code) by about 36% compared to the previous year.
Fines were imposed (in related offences) against 48 convicted persons, of whom: 1
person was found guilty of illegally taking children out of the country, 25 persons committed
procuring offenses, 1 person organized beggary, and 21 persons 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. Actions of prevention and control regarding
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 2012, the law
enforcement agencies of the Republic of Moldova conducted criminal proceedings against 12
public office holders and persons in positions of authority who have committed crimes of
trafficking or related crimes (see Annex 1); in respect of 7 people in this category, criminal cases
were submitted to court and in one case charges were dropped as the case didnt meet the
requirements for the crime. In other cases criminal proceedings are still ongoing.
Administration of justice in such cases is often inadequate. For example, in a case
submitted to court, the court decided to re-classify the act from a THB offense to administrative
offense and ordered the termination of proceedings citing statutes of limitation for the
administrative offense in question. Obviously the decision has been appealed, but this procedure
does not bring any hope to the prosecutors that the situation will change. This diminishes the
impact of the second element of the 4Ps, or punishment, in fighting THB, reducing the feasibility
of the objectives in containing the phenomenon. It should be noted that, according to the
Department of Penitentiary Institutions, no person serving a sentence for committing a THB
offence is part of any category of those covered by Article 123 of the Criminal Code (officials).
Such a tendency should be discouraged. That is why the recommendation which seeks the
involvement of independent experts in monitoring court sessions when THB cases against public
officials are examined, set forth in the 2011 national report, remains valid today.
For the purposes of preventing and combating THB, in 2012, under Article 17 of Law no.
235 of 20 July 2006 on the basic principles of regulating entrepreneurial activity, the courts on the
basis of decisions adopted by the Licensing Chamber issued the following:
- 9 decisions ordering the withdrawal and 13 decisions on the suspension of the
license for the type of activity related to the employment of citizens abroad;
CAT/C/MDA/Q/3
one decision recognizing a license invalid, and an injunction involving activity

related to employment abroad.
The continuous development of the legal framework governing the activity of
intermediation under Summer Work&Travel Programs was a necessity expressed back in 2010.
This activity #3 (not implemented at that time) of segment 1.2 of the National Plan for Preventing
and Combating THB for 2010-2011 obtains a fulfilled status now as the Ministry of Economy, by
Law no. 127 of 8 June 2012 (effective from 24 August 2012), has set out the conditions for the
initiation, operation and termination of the activity of employment/recruitment of students in
educational and cultural exchange programs.
In view of the transborder nature of the THB, Commissions Rogatoires in criminal
procedure are also extremely important. During the reporting period, 24 Commissions Rogatoires
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 them
were formed in cases of THB offenses (11) and organization of illegal migration (10). Two
Commissions Rogatoires were established for procuring-related offences and another one for TC.
Of the total number of Commissions Rogatoires, 15 were established by foreign countries,
namely: 5 by the Russian Federation, 4 by Romania and one each by Austria, Norway, the USA,
Poland, Ukraine, and Slovakia. 9 other are in the process of being formed: 4 by Ukraine, 3 by
the Russian Federation, one by Slovenia and Italy. 8 Commissions Rogatoires were established
by foreign countries to investigate offences related to THB, organization of illegal migration and
procuring. 6 of them completed their work. The majority, in a number of 3, were conducted by the
Department of Combating THB within the Prosecutor General's Office and the other 3 by the
district prosecutors offices of Briceni, Ialoveni and Buiucani. Other 2 are in the process of being
formed at the Anti-trafficking Division of the Prosecutor General's Office, on offences related to
THB, coming from Romania and Germany.
In 2012, a total of 31 Commissions Rogatoires were set up within the Ministry of Justice,
21 of which were established by the Turkish authorities (16 of them have already finished their
work, and 5 are operational) and 10 by the Romanian authorities (completed their work).
The Commissions Rogatoires established by the law enforcement agencies of the
Republic of Moldova face difficulties in their work, and in some cases they are not operational at
all. In this regard, it is necessary to focus on the development and consolidation of alternative
possibilities, such as joint investigation teams. Unfortunately, when criminal acts are taking place
in regions that havent been recognized as sovereign nations by Moldova (such as Northern
Cyprus or Kosovo), these instruments may not be employed by the competent national institutions.
As in previous years, in 2012 conducting of prosecution in the Transnistrian region, a territory that
is not under the Moldovan authorities control, has been a problem as well.
Strengthening institutional mechanisms represents a priority objective in combating THB.
In this regard, by order of the Minister of Internal Affairs no. 276 of 14 August 2012, a Department
of Combating Trafficking through the Internet was set up within the CCTP. As part of the MoIAs
reform, the department was absorbed by a newly created entity, and namely the Centre for
Combating Information Crimes of the National Investigation Inspectorate.
Protection
According to the provisions of Article 20 (1) of law no. 241 of 20 October 2005 on
Preventing and Combating THB, trafficking victims shall be offered assistance in physical,
psychological, and social recovery through specialized medical, psychological, legal, and social
measures. 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
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mechanism for monitoring and evaluation. This report has been drawn up annually for the fourth
consecutive year. The report will be posted on the website of the MLSPF.
Based on the legal provisions and using as reference the information provided by the line
authorities, the table below (1) shows 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
Drochia (Ariadna)
Hnceti (maternal)
No.
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
83
1
8
15
Children
MEN
Adults
Children
20
93
20
52
16
13
23
286
6
248
9
21
24
146
CAT/C/MDA/Q/3
110
701
TOTAL
In order to increase 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 sector, as well as to
secure their right to a state-guaranteed compensation for the moral and pecuniary 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 the
perpetrators. However, according to the statements of the lawyers from the Chisinau-based Centre
for Assistance and Protection of THB victims, in the end few victims of THB manage to get any
compensation from the perpetrators, and the causes are multiple and complex. In this regard, the
need remains to study the Government's capacity to create a compensation fund for victims of
THB. It will be possible as a result of strengthening the legal framework and identifying financial
resources to this end.
The 2012 budget of the MLSPF provides for financial support to the amount of 100,000 lei for
the repatriation of children and adults, which, as of 31 December 2012, was spent at the level of
59.1 percent. This helped to repatriate an adult victim and eight children in 3 repatriation missions.
This annual amount of 100,000 lei is to be increased gradually, and the failure to implement 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
proceedings take place in order to avoid re-victimization. Moreover, in 2012, based on Law no.105
of 16 May 2008, which refers to the security of participants in criminal proceedings, whose lives,
bodily integrity, freedom or property may be at threat, the Department for Witnesses Protection of
the MoIA took a THB victim (male) under protection.
Partnership
Strategic partnership in the anti-trafficking area in 2012 was strengthened by the
anti-trafficking actors by signing the agreements listed below:
MIA, CCTP concluded 2 memoranda of cooperation with:
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CNPAC on support for children victims of sexual violence;

the Investigative Journalism Centre, on public awareness concerning the THB
phenomenon;
Other agreements, such as with the NGO La Strada and the IOM, are under
negotiation.
On 11 May 2012, the Ministry of Health and the Ministry of Internal Affairs signed an
agreement of cooperation on combating THB for the purpose of organs or tissues
removal/harvesting.
We would like to mention the Memorandum of Cooperation signed between the MLSPF,
Ministry of Education, Ministry of Health, District 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.
An important forum aimed at strengthening the strategic partnership and exchanging best
practices are the technical coordination meetings organized by the OSCE Mission to Moldova. In
2012, 10 such sessions were organized.
Still another important platform to strengthen the partnership is represented by the CCODPG
meetings. During the reference period, in order to coordinate the activities of the law enforcement
agencies in combating THB, 4 meetings of the Coordinating Council were held under the auspices
of the Prosecutor General, addressing several topics:
On 18 January 2012, the following was discussed:
- the activity of the law enforcement agencies in preventing and combating THB in 2011,
priority directions for 2012;
- identification and investigation of THB cases involving removal of organs in 2011, targets for
2012;
On 29 February 2012, the meetings agenda included the issue of investigation of THB cases
for the purpose of exploitation through labor in 2011, and targets for 2012 were examined.
On 29 June 2012, the meeting discussed the issue of combating THB cases for the purpose of
exploitation through beggary.
On 17 December 2012, the meeting discussed the results of implementing the Steering
Committees previous recommendations and new priorities were set.
There is a partnership at the national level which is constantly consolidated, but at the
international level shortcomings exist that are due to limited cooperation, and reasons include:
Lack of Moldovan embassies or consulates in some 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 adult/child victims 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,
involving female victims.
CAT/C/MDA/Q/3
Articles of the Criminal Code
2009
2010
2011
2012
2013
Article 159 Illegal abortion
Article 160 Illegal Performance of

surgical sterilization
80
76
69
174
80
172
258
220
274
108
42
49
41
51
29
19
42
40
63
20
Article 175 Perverse actions
12
13
28
Article 2011 Domestic violence,
27
319
602
358
Article 206 Trafficking in children
20
16
18
11
Article 3091 Torture
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
(introduced by Law no. 167 of 9 July

2010, in force from 3 September 2010).
(repealed by law no. 252 of 8 November

2012, in force from 21 December 2012)
Article 1661 Torture, inhuman or
degrading treatment
In the period from 2009 to the 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:
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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, Prosecutor General's Office,
and CCTM.
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, 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 Classification of offenses, peculiarities of prosecution and the
prosecution of crimes relating to 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 classification of 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;
2 Seminars on Investigation of criminal cases of trafficking in human beings and
procuring; Participants: 19 judges, 13 prosecutors, 4 of other categories;
Organizers: NIJ and USAID/ROLISP;
2 seminars on Protecting vulnerable categories of litigants in criminal proceedings.
Challenges in investigating criminal offences of trafficking in human beings.
International cooperation: best and standard practices on commissions rogatory;
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
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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 relations between the State Budget with
the budgets of administrative-territorial units, funds are provided for the
maintenance of psychosocial rehabilitation centres for victims of domestic violence.
During 2009-2012, a total of 5,151,300 lei was allocated for this purpose for all
components. For 2013, an amount of 2,772,000 lei was planned 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
In order to strengthen 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 Preventing and Combating Domestic Violence no.
45-XVI of 1 March 2007.
Victims of domestic violence are protected by both Law no.45 on Preventing and
Combating Domestic Violence and criminal provisions set out in Article 201/1
(Domestic violence) of the Criminal Code.
By Law no. 167 of 9 July 2010 on the amendment and supplementation of some
legislative acts, the mechanism of implementing Law no. 45 on Preventing and
Combating Domestic Violence has been improved: it introduced a new article to the
15
16
17
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
Criminal Code, Article 201(1), making domestic violence a criminal offense.

Corresponding amendments were made to 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
measures for victim protection against the perpetrator, provided for in Articles 13-15
of Law no. 45 on Preventing and Combating Domestic Violence. The legislation in
force allows using both civil and criminal procedure for this purpose, in accordance
with the provisions of Article 215/1 of the Criminal Procedure Code and Article
3181-3216 of the Civil Procedure Code.
Protective measures are ordered by the Court and include Protection Orders. A
protection order is intended to ensure the physical and psychological integrity of the
person who is at risk of suffering any of the forms of violence listed in Law no. 45
dominates.
As required by the obligation set out in Article 124 of the Constitution of the
Republic of Moldova to defend the legal order, fundamental human rights and
freedoms the prosecution service examines complaints about acts of domestic
violence, mainly to from the perspective 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
instructed territorial prosecutors to intensify their work to prevent and combat
domestic violence and re-establish the rights of victims.
According to a study, in 2012, about 3,800 complaints were recorded (about
4,000 complaints in 2011). After examining the complaints about domestic violence,
over 2,620 administrative procedures were initiated (about 1,500 administrative
procedures in 2011) 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 duties of the internal affairs bodies in cases of domestic violence
are set out in the Law on Preventing and Combating Domestic Violence and include
ensuring the protection of victims of domestic violence. Some police inspectors do
not always react appropriately to the situation, often initiating administrative
procedures under Article 78 of the Code of Administrative Offences whereas the
perpetrators' actions fall under the provisions of Article 2011 of the Criminal Code.
The prosecutors challenge the administrative reports and decisions of the police
inspectorates in cases of domestic violence and order the examination of facts in
accordance with the provisions of Article 274 of the Code of Criminal Procedure.
In 2011, criminal proceedings were started in 449 cases of violence against
family members, according to the following categories of offences:
2 cases under Article 145 of CC (premeditated murder);
1 case under Articles 27, 145 of the CC (attempted premeditated murder);
1 case under Article 155 of the CC (threatening murder or severe bodily
injury or damage to health);
2 cases under Article 166 of the CC (illegal deprivation of liberty);
2 cases under Article 171 of the CC (Rape);
1 case under Article 174 of the CC (sexual intercourse with a person under 16
years);
1 case under Article 179 of the CC (Violation of the domicile);
439 cases under Article 2011 of the CC (Domestic violence).
Of the total number of criminal cases, 7 cases were merged, 310 cases were
submitted to court, 4 criminal cases were sent to court with the proposal of applying
the measure of forcible treatment, 41 cases are pending final judgment, 12 cases
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were conditionally suspended, in 75 cases criminal proceedings were terminated (in

27 cases the defendants were absolved from criminal and administrative liability; in
31 cases charges were dropped following reconciliation, in 2 cases on the grounds
that no criminal conduct was found, in 10 cases on the grounds that the case does
didnt meet the elements of a crime, in 2 cases in connection with the death of the
perpetrator, in 2 cases on the grounds that there is a final court decision on the same
charges; in 1 one case on the grounds that there are other circumstances provided by
law which exclude prosecution).
In 2012, the prosecution authorities filed 65 applications (187 in 2011)
requesting 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, criminal proceedings were initiated in 830 cases (compared to 449 cases
in 2011) involving violence and abuse against family members, as follows:
- 2 criminal cases under Article 145 of the CC (premeditated 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 medium 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 medium bodily injury or
damage to health caused by imprudence);
- 818 criminal cases under Article 2011 of the CC (domestic violence).
Of the total number of criminal cases referred to above, 529 were submitted to court,
8 were sent to court with the proposal of applying the measure of forcible treatment,
151 are pending final judgment, 19 were suspended conditionally, 7 criminal cases
were suspended on the grounds that the accused had fled from justice, and 116 cases
were terminated, including on non-exculpatory grounds.
Of the total 830 criminal cases concerning domestic violence recorded in 2012,
women had the status of perpetrator/defendant in 38 cases. About 55 perpetrators
relapsed. In 2012, children had the status of victims or the injured party in over 90
criminal cases, compared to 28 in 2011.
Acting on petitions from victims of domestic violence, in the context of the
initiated criminal cases, prosecutors from territorial prosecutor's offices submitted 33
requests to the courts (40 requests in 2011) asking for 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 filed 65 other request asking
for the courts to consider the application of Articles 3181-3184 of the Civil Procedure
Code, compared to 187 such requests in 2011.
The prosecutors are reminded of the need to ensure the legality of the
prosecution process in cases of domestic violence, especially since, given the
specificity of this category of crimes, due in particular to special relations between
the parties, the victims often avoid cooperation with the prosecution. In order to
overcome such difficulties, it is necessary to organize a prompt and effective
intervention of the prosecution body, which should ensure immediate collection of
evidence, even at the time of cases reporting. Around this proximate time, when the
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persons involved and in particular the victims and family members are under the
fresh impressions of the perpetrators wrongdoings, they are more willing to
cooperate with the law enforcement and are eager to report. People who investigate
the case must grasp this opportunity and collect as much evidence as possible, fully
using the technical means for identifying and collecting the traces of the crime.
Later, even if the victim refuses to cooperate, for reasons including intimidation by
the perpetrator, the collected evidence makes it possible to finalize the prosecution
and submit the criminal case to court or, in the worst case, to obtain a conditional
suspension of the criminal proceedings (Article 510-512 of the CPP).
In 2012, there were registered 4 cases (7 cases in 2011) of perpetrators violating
protection orders. As a result, 4 sets of administrative proceedings were initiated
against them under Article 318 paragraph (1) of the Code of Administrative
Offences, with their subsequent submission to court. Based on Article 320 of the
Criminal Code, following failure to comply with the protective measures, one
criminal case was initiated.
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 requested the Ministry of Labour, Social
Protection and Family to intensify the activity of coordinating and assisting
decentralized/de-concentrated structures in the field of domestic violence
prevention, organize trainings for social assistants to strengthen their capacities in
the field of preventing and combating domestic violence, and to engage in effective
cooperation with the local public administration in order to develop an infrastructure
of services in the field of rehabilitation and re-socialization of perpetrators and
victims of domestic violence.
To meet the commitments undertaken by the Republic of Moldova before the
international human rights mechanism, actions were taken to ensure the prohibition
of all forms of violence against children, including the use of torture or punishment,
or inhuman or degrading treatment in the juvenile justice system.
In this context, the Centre for Human Rights and the Rehabilitation Centre for
Torture Victims Memoria, in concert with the Moldovan Prosecutor's Office,
decided to compile a study on Torture and ill-treatment against children in the
context of juvenile justice: the spread, impact, prevention, identification of cases,
provision of support and reporting.
The Prosecutor Generals Offices Anti-torture Department was 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 Children Protection
against Torture and Abusive Treatment in Central Asia and Eastern Europe.
A meeting was held on 29 March 2013 at the Centre for Human Rights to present
the main recommendations of the report on the Torture and ill-treatment against
children in the context of juvenile justice Study. The meeting was an occasion for
the Anti-torture Department prosecutors to set forth opinions and solutions relating
to the recommendations contained in the Studys report. The Study was praised as
valuable and said to have a potential of becoming an important instrument in
planning policies for a successful prevention of violence. It can initiate and support
the required changes which would be based on the respect for the rule of law, human
rights and equal opportunities for all children to not be subjected to torture or other
forms of ill-treatment on the part of law enforcement agents. The findings contained
in the report of the study reveal an unsatisfactory situation with regard to the
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identification, recording and reporting of cases of ill-treatment against children. The

studys recommendations were described as useful, as they are meant to help
children who are victims of torture or other forms of ill-treatment, as well as protect
children from becoming victims.
In the context of the juvenile justice reform, we would like to mention that, on 25
February 2013, the First Deputy Prosecutor General issued Order no. 15/25,
ordering the setting up in 2013 of special rooms for hearing child victims/witnesses
in criminal proceedings, in the premises of prosecutors offices in Anenii Noi,
Cahul, Ocnita, Orhei, Leova, and Soroca. Working groups were set up to assess the
needs and evaluate the condition of the buildings, before the rooms could be
renovated, furnished and supplied with audio and video recording equipment.
The hearing rooms for children are meant to avoid the secondary victimization of
children who suffered abuse, contributing in this way 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 defense of the suspect/accused;
- to reduce repeated hearing;
- to avoid physical presence of the child in court;
- to create emotionally comfortable conditions for 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
1 March 2007 on Preventing and Combating Domestic Violence, the police have
certain responsibilities related to the prevention and combating of domestic
violence, protection of victims of domestic violence and disruption of the
perpetrators violent actions, duties which are also regulated by Article 21 paragraph
n) of Law no. 320 of 27 December 2012 on Police Activity and Status of the Police
Officer.
The number of cases reported to the police concerning acts of domestic
violence is increasing compared to the previous years.
Over the course of 6 months of 2013, the Ministry of Internal Affairs
received 3,676 (3,088 in 2012) complaints recorded in the Registry of Other
Information on Crimes and Incidents of territorial police inspectorates (R-2), which
concern domestic conflicts. In 321 of these cases (217 in 2012), they were recorded
on the own initiative of the district police officer.
935 cases of domestic violence (479 cases in 2012) were examined under
Article 274 of the Code of Criminal Procedure. As a result prosecutors ordered the
initiation of 339 (152 in 2012) sets of administrative proceedings, and in 596 other
cases (327 cases in 2012), criminal proceedings were initiated under Article 201 1
(domestic violence) of the Criminal Code.
As a preventive measure, in order to ensure the protection of victims of
domestic violence, the Ministry of Internal Affairs supervised this year the
enforcement of 223 protection orders (229 in 2012) issued by courts.
It was found that 28 (44 in 2012) protection orders were violated, and for the
violation of the restrictions applied against perpetrators, the police initiated 23
administrative procedures (38 procedures in 2012) under Article 318 of the Code of
Administrative Offences. For intentional failure to comply with the court decision,
compounded by repeated violation of restrictions imposed by orders for the
protection of victims of domestic violence, 5 (6 in 2012) criminal cases were
initiated against the perpetrators under Article 320 of the Criminal Code.
CAT/C/MDA/Q/3
At the same time, members of community interaction services intervened

together with multidisciplinary teams to solve 88 (48 in 2012) cases of domestic
violence, and 24 other (69 in 2012) cases were referred to other authorities and
bodies to provide counselling services, according to their functional competence.
Additionally, guardianship authorities were informed about 4 (1 in 2012) cases of
domestic violence which involved minor victims.
A principal factor in preventing and combating domestic violence is public
awareness and information activity, at both national and local levels, about such
issues as gender-based violence, with a view to eliminating all forms of violence
against women; about the existing normative and legal framework for preventing
and combating domestic violence; and about victim protection. The mobilization of
local and central authorities, non-governmental organizations, and the community to
participate actively in preventing and combating this scourge also plays an important
role.
On the initiative of the Ministry of Internal Affairs, 58 (13 in 2012) materials
were published in the mass media (24 TV broadcasts, 9 radio broadcasts, 15 articles
in newspapers and magazines and 10 postings on official websites).
Additionally, in this period, the Ministry of Internal Affairs organized 37 (24
in 2012) seminars and round-tables, to offer training to multidisciplinary teams
composed of district police officers, social assistants, family doctors and members of
the local authorities, with the participation of relevant non-governmental
organizations.
The district police officers discussed the issue in 1,470 (in 2012 1,281)
lectures delivered in educational institutions and in 2,303 (in 2012- 2,296) meetings
with youth and with the members of the public, organized and held in educational
institutions, workers teams and mayors offices.
With the entry into force of Law no. 45-XVI on Preventing and Combating
Domestic Violence, the legislation of the Republic of Moldova has been harmonized
as well. With the adoption of Law no.167 of 9 July 2010, in force from 3 September
2010, amendments were introduced to the Criminal Code, Code of Criminal
Procedure, Civil Code, Family Code, Law no. 320 of 27 December 2012 on Police
Activity and Status of the Police Office, Law no. 45-XVI of on Preventing and
Combating Domestic Violence and other national pieces of legislation.
The Criminal Code was supplemented with Article 133 1 (family member),
which mentions the marital status of the subjects of domestic violence.
Additionally, the criminal legislation has been supplemented with a new
Article 2011 (domestic violence), which criminalizes domestic violence and
provides criminal punishment for acts of domestic violence.
With the entry into force of these provisions, reporting acts of domestic
violence to the police may be done not only by the victims of domestic violence, but
also by specialists working in this field, civil society, as well as other persons who
possess information about instances 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 a functional legal
framework and an implementation mechanism for this purpose (methodoliogical
instructions concerning the intervention of the law enforcement bodies in preventing
and combating domestic violence cases, approved by Order no. 275 of 14 August
2012), as well as due to an increased capacity of police officers to identify, record,
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highlight and respond promptly to all complaints of the victims, and to an increase
in the number of beneficiaries of specific training and campaigns.
Each subdivision of the Ministry of Internal Affairs of Moldova has
designated a person responsible for the prevention and combating 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, perform an
analysis of the causes and conditions that led to the perpetration of domestic
violence, call for the preventive measures against the individuals prone to
committing acts of violence, ensure supervision of perpetrators, manage the
documentation regarding the issuance and supervision of the protection orders,
ensure the referral procedure within the National Referral System and civil society
organizations with consolidated capabilities in preventing and intervening in cases
of domestic violence and abuse against women.
In this context, due to the functional legal framework in this area, the
Ministry of Internal Affairs has become a proactive rather than reactive institution,
based in particular on the polices effective preventive, awareness-raising, capacitybuilding activities in the fight against violence, involving members of the
multidisciplinary teams and representatives of the civil society; it also works to raise
the awareness of society to report, refer and highlight any antisocial manifestation
committed between family members.
Cases of Eremia and Mudric v Moldova
Case of Lilia EREMIA
On 17 December 2010, the Calarasi District Prosecutors Office received
petition no.070/10 of 13 December 2010 from Doina Ioana Straisteanu, attorney for
the victim Lilia Eremia, which notified the prosecutors about the existence of a
protection order, issued on 9 December 2010 by the Calarasi Court to protect Lilia
Eremia and her minor daughters Doina and Mariana Eremia. It also requested the
Prosecutors Office to start criminal proceedings against the perpetrator, Alexandru
Eremia, as he continued his violent behavior against the victims.
On the same day (17 December 2010), the petition was forwarded to the
Calarasi Police Commissariat for consideration and adoption of a decision under
Article 274 of the Code of Criminal Procedure.
On 29 December 2010, the Calarasi Prosecutors Office received the victims
report no. 079/10 of 23 December 2010, complaining of further acts of domestic
violence by Alexandru Eremia against her and her daughters Doina and Mariana.
The report was also forwarded, on the same day, to the Calarasi Police, for
consideration in the context of the earlier petition.
Simultaneously, the Calarasi Prosecutors Office initiated an investigation
based on a similar petition of the victim's representative filed with the Prosecutor
Generals Office. The probe aimed in particular to verify how the police acted on the
previous requests.
It was found that the materials submitted earlier to the police were recorded
properly in Register no.1 under no. 833, and the criminal investigation officer
Simion Dodon was assigned to the case.
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It was also found that, on 9 December 2010, the Calarasi Court forwarded to
the Calarasi Police Commissariat the protection order for Lilia Eremia and her
daughters Doina (born in 1995) and Mariana (born in 1997) to be enforced.
On 10 December 2010 the Calarasi police opened a case against the
perpetrator to oversee enforcement of the protection order.
The case aimed to verify Alexandru Eremias compliance with the restrictions
imposed on him by the protection order. The verification is demonstrated by official
warnings delivered to the perpetrator and confirmed by his signature, on 12, 14 and
19 December 2010. The police came to check on Alexandru Eremia at his place on
several occasions.
To see how the terms of the protection order were actually respected, on 10
January 2011, Lilia Eremia was summoned and interviewed at the Calarasi
Prosecutors Office. The woman said that she and her husband were divorcing and
that they had been given a waiting period to attempt reconciliation. She also
confirmed that in breach of the protection orders, the husband was coming back
home from time to time, because he had no place to stay for longer periods,
especially in winter. She said she didnt mind in principle to his visits, as he did
some household chores like splitting firewood, yet she complained that he continued
to systematically use violence against her.
On 11 January 2011, the Calarasi District Prosecutor warned Alexandru
Eremia about the requirement to comply with the terms of the protection order and
cautioned him against using further violence against his wife and daughters.
Alexandru Eremia excused his violent behavior against his wife (he did not
admitted to being violent against his daughters) on frequent rumors among the
residents of Valcine village that his wife was cheating on him.
Following investigations, on 17 January 2011, criminal case no. 2011160018
was initiated against Alexandru Eremia under Article 201 1 of the Criminal Code.
Proceedings are ongoing. The perpetrator is now staying periodically at relatives and
friends.
This is an extremely complicated situation. Compounding the situation is the
fact that the son strongly blames the mother, while the daughters are supporting the
mother's claim. The divorce proceedings have been ongoing since she filed for it on
9 October 2010.
On 28 May 2013, the European Court of Human Rights pronounced its
judgment in the case of Eremia and others v. the Republic of Moldova (application
no. 3564/11).
The European Court held unanimously:
that there has been a violation of Article 3 (prohibition of inhuman and
degrading treatment), in respect of Mrs. Lilia Eremia;
violation of Article 8 (right to respect for private and family life), in respect
of the two daughters of Mrs. Lilia Eremia,
violation of Article 14 (prohibition of discrimination) read in conjunction
with Article 3, in respect of Mrs. Lilia Eremia.
The case concerned the applicants complaint about the Moldovan
authorities failure to protect them from the violent and abusive behavior of their
husband and father.
The Court held that, despite their knowledge of the abuse, the authorities had
failed to take effective measures against Ms Eremias husband and to protect his
wife from further domestic violence. It also considered that, despite the detrimental
psychological effects of her daughters witnessing their fathers violence against their
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mother in the family home, little or no action had been taken to prevent the
recurrence of such behavior. Finally, the Court found that the authorities attitude
had amounted to condoning violence and had been discriminatory towards Ms
Eremia as a woman.
Complaints addressed to the Court
The applicants complained to the Court, relying on Article 3 of the
Convention, that the authorities had not been active enough in protecting them from
domestic violence and in bringing the perpetrator to justice.
They complained, relying on Article 14 of the Convention, in conjunction
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 preconceived ideas concerning the role of women in the family.
Finally, they complained, under Article 17 of the Convention, that by refusing
to apply the national legislation and protect them from domestic violence, the
authorities deliberately violated the rights guaranteed by the Convention.
The Government's position
The Government submitted that the authorities reacted promptly to the
applicants' complaints and took a number of measures to protect them from the risk
of domestic violence and prevent similar incidences in the future.
To support this, the Government cited the two protection orders and a
criminal case against the perpetrator, which ended in finding him guilty. He
expressed heartfelt repentance for his behavior and received a conditional
suspension of prosecution with the possibility of a subsequent exemption from
criminal punishment in case of compliance with the obligations imposed, including
refraining from committing further offences.
Findings of the Court
Article 3
The Court found that there has been a violation of Article 3 of the
Convention in respect of the Ms Eremia. The Court noted that, on 9 December
2010, the Moldovan courts had decided that the situation was sufficiently serious to
warrant a protection order being made in respect of Lilia Eremia. It also found that
the fear of further assaults had to have been severe enough to cause her to
experience suffering and anxiety amounting to inhuman treatment within the
meaning of Article 3 of the Convention.
In particular, the Court noted that the positive obligations under Article 3
include, on the one hand, setting up a legislative framework aimed at preventing and
punishing ill-treatment by private individuals and, on the other hand, when aware of
an imminent risk of ill-treatment of an identified individual or when ill-treatment has
already occurred, to apply the relevant laws in practice, thus affording protection to
the victims and punishing those responsible for ill-treatment.
The Court noted that the Moldovan law provides for specific criminal
sanctions for committing acts of violence against members of ones own family.
Moreover, the law provides for protective measures for the victims of family
violence, as well as for sanctions against those persons who refused to abide by
court decisions.
Further, the Court considers that the authorities were well aware of the
perpetrators violent behavior, which became even more evident when the domestic
courts made the protection order on 9 December 2010. In particular, despite the clear
provisions of the order, Mr. Eremia returned to the applicants home, thus violating
the protection order. While the Government submitted that this happened with the
Ms. Eremias consent, they did not provide any evidence to substantiate their claim.
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It is clear that the first applicant promptly complained to the authorities about A.s
twofold breach of the protection order by harassing her on the street and entering her
house without her consent.
Although the authorities had not acted swiftly enough, the Court noted that
they had not remained totally passive since Mr. Eremia had been fined and given a
formal warning. However, none of those measures had been effective and, despite
Mr. Eremias repeated breaches of the order, he had continued to carry out his duties
as a police officer without any measure being taken to ensure the applicants safety.
The lack of decisive action by the authorities had been even more disturbing
considering that A. was a police officer whose professional requirements included
the protection of the rights of others, the prevention of crime and the protection of
public order.
Lastly, the Court found it unclear how the prosecutor had found that Mr.
Eremia was not a danger to society and why he had conditionally suspended the
investigation against him even though the Moldovan courts had extended the
protection order days earlier on the ground that he represented a significant risk to
his wife. As a result, the suspension had the effect of exempting Mr. Eremia from
criminal liability rather than preventing him from committing further violence.
Hence, the Court concluded that the authorities failure to take effective
measures against Alexandru Eremia despite their knowledge of the danger of further
domestic violence had amounted to a breach of Article 3 in respect of Lilia 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 decided to
examine the complaint under Article 8.
First, as had been recognized by the Moldovan courts, the two daughters
psychological well-being had been adversely affected by repeatedly witnessing their
fathers violence against their mother in the family home. Therefore, there had been
an interference with their rights under Article 8.
Second, the authorities were aware of that interference, but did not take any
measures to prevent it. The Court noted that the protection order of 9 December
2010 had prevented him from contacting, insulting or ill-treating not only Ms.
Eremia but also her children. Ms Eremia had also asked that her daughters be
officially recognized as victims of domestic violence for the purposes of the criminal
investigation against their father.
Finally, the applicants had complained that, during one of his visits to the
family house, Alexandru Eremia had not only assaulted his wife but also verbally
abused one of his daughters.
Therefore, the authorities had clearly been aware of Mr. Eremias breaches of
the protection order as well as of his threatening and insulting behavior towards the
applicants and its effect on his daughters. However, little or no action had been taken
to prevent the recurrence of such behavior. On the contrary, despite a further serious
assault in 2011, A. had been eventually released from all criminal liability. In
conclusion, the Court found that this amounted to a violation of Article 8.
Article 14 in conjunction with Article 3
The Court found unanimously that there was a the violation of Article 14 of
the Convention, taken in conjunction with Article 3, reiterating that the
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Government's failure to address the issue of violence has prompted its recurrence,
which was reflected in a discriminatory attitude on Ms. Eremia on the grounds of
gender inequality.
In this case, Mrs. Eremia has been subjected to repeated violence from her
husband, although authorities were well 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 her complaints. Still, authorities
acknowledged that they had not enforced the protection order 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 to be beaten by her husband. Finally,
although Mr. Eremia admitted that he had beaten his wife; the prosecution against
him was suspended and he was exempted from any liability.
Just satisfaction
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 perpetrator, Alexei Mudric, has been under psychiatric supervision since
1987, and he was treated as an in-patient in psychiatric hospitals on several
ocasions.
At the request of his former wife, Lidia Mudric, on 9 June 2010, the Ocnita
Prosecutors Office instituted criminal proceedings no. 2010260137, under Article
179 paragraph (1) of the Criminal Code, against Alexei Mudric for breaking into her.
On 24 June 2010, L. Mudric was recognized as an injured party and was
heard in this capacity. The preventive measure was imposed on A. Mudric of
prohibiting him from leaving town.
On 22 June 2010, the Ocnita District Court issued a protection order against
Alexei Mudric, who resided in the village of Lipnic, Ocnia. It ordered him to stop
aggressing, threatening and insulting Lidia Mudric, and to leave her house
immediately. The protective measures were established for a period of 30 days. On
23 July 2010, the order was extended for another 90 days.
The Ocnita District Prosecutors Office found out later about the violation of
the protection order, which the district police inspector Ion Punga had been assigned
to enforce. It immediately requested the Police Commissariat to ensure the
enforcement of the order and thus defend the constitutional rights of Lidia Mudric. It
should be noted that once the criminal case was opened, the Prosecutor's Office
received no complaints from Lidia Mudric.
On 16 August 2010, criminal case no. 2010260231 was started against Alexei
Mudric, under Article 320 paragraph (1) of the Criminal Code, for failure to abide
by the protection order. Alexei Mudric told the investigation that he had broken into
the home of her former wife because his heating stove wasnt operable and he was
afraid to freeze to death. The protection orders issued by the Ocnita District Court on
23 July 2010 and 16 December 2010 had been served to Alexei Mudric, but he
refused to accept them or confirm their receipt by signing, a fact confirmed by
witnesses, neighbors and a social assistant.
The mayor of the village of Lipnic V.S. Lupulciuc and the social assistant M.
Dub explained that the local authorities could not afford to provide A. Mudric with
separate housing.
CAT/C/MDA/Q/3
They have two daughters who rarely visit the parents. However, a period of
time, Alexei Mudric was treated in the hospital of Ocnita town.
The criminal proceedings no. 2010260137 and no. 2010260231 were merged
into a single procedure, no. 2010260137. During the proceedings, A. Mudric was
several times admitted to hospitals in Chisinau municipality, and for this reasons the
prosecution took a longer time.
According to a psychiatric expert report issued on 26 August 2010, Alexei
Mudric suffers from chronic mental illness in the form of paranoid schizophrenia,
and was found to be NON-RESPONSIBLE. The report recommended that he should
be administered involuntary treatment in an ordinary-regime psychiatric hospital.
On 7 October 2010, Alexei Mudric was indicted on charges referred to in
Article 179, paragraph (1) and Article 320 paragraph (1) of the Criminal Code, and
on the same date his case was forwarded to the Ocnita District Court together with
the proposed order imposing forcible treatment on him.
On 1 November 2010, the Ocnita District Court (Judge Eugeniu Bejenaru)
ordered the examination of the case. Due to both Lidia Mudrics and Alexei
Mudrics failure to appear in court, examination was postponed until 3 December
2010.
During the court hearing on 3 December 2010 (attended by all the
participants), Judge E. Bejenaru refrained from examining the case citing personal
reasons.
On 4 January 2011 the Ocnita Court found Alexei Mudric guilty of
committing the offences under Article 179, paragraph (1) of the Criminal Code,
ordering that he undergoes mandatory treatment. The criminal proceedings under
Article 320, paragraph (1) of the Criminal Code were terminated pursuant to Article
391, paragraph (1) sub-paragraph 6) of the Code of Criminal Procedure.
On 24 January 2011, to enforce the sentence of 4 January 2011, Alexei
Mudric was escorted by the police officer, Mr. Vahnovan, to the Balti psychiatric
hospital.
On 16 July 2013, the European Court of Human Rights pronounced its
judgment in the case of Mudric v the Republic of Moldova.
In the case of Mudric v. the Republic of Moldova, the applicant Lidia Mudric
complained before the Court of the violation of Article 3 of the Convention, and in
particular that that the authorities had tolerated the ill-treatment to which she had
been subjected in her home, and had failed to take all necessary measures to
discharge their positive obligation to protect her from domestic violence and bring
the perpetrator to justice.
In this case, the Court noted that the applicant obtained medical evidence of
having been beaten up by Alexei Mudric; moreover, both the local police and the
courts established that he had attacked her on other occasions as well. In addition,
the Court found that the fear of further beatings by the perpetrator was sufficiently
serious to cause the applicant suffering and anxiety amounting to inhuman treatment
within the meaning of Article 3 of the Convention.
At the same time, the Court concluded that the manner in which the
authorities had handled the case, notably the long and unexplained delays in
enforcing the court protection orders and in subjecting the perpetrator to mandatory
medical treatment, amounted to a failure to comply with their positive obligations
under Article 3 of the Convention.
In addition, the applicant also complained under Article 14 of the Convention
in conjunction with Articles 3 and 8, that the authorities had failed to apply the
CAT/C/MDA/Q/3
domestic legislation intended to afford protection from domestic violence, as a result

of preconceived ideas concerning the role of women in the family.
In this respect, the Court found that the applicant was subjected to violence
from Alexei Mudric on a number of occasions and that the authorities were well
aware of that. Furthermore, despite legal provisions allowing the authorities to
initiate criminal proceedings against the perpetrator and thus to subject him to a
psychiatric examination with a view to deciding on his compulsory psychiatric
treatment, it took the authorities almost a year to do so. In the Courts opinion, the
combination of the these factors clearly demonstrates that the authorities actions
were not a simple failure or delay in dealing with violence against the applicant, but
amounted to repeatedly condoning such violence and reflected a discriminatory
attitude towards her as a woman. 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.
The claimant also complained, under Article 17 of the Convention, that the
failure of the authorities to curb the violent behavior of A.M. which 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 unsubstantiated and must be rejected as
being ill-founded in accordance with Article 35, paragraph 3 and 4 of the
Convention.
In this case, the Court unanimously found that there has been 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.
Article 8 of the Convention
As regards the claim for just satisfaction 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 in respect of non-pecuniary damage
and EUR 2,500 as costs and expenses.
In connection with the cases where Moldova was fined by the European
Court of Human Rights, the Government Agent convened an extraordinary meeting
attended by representatives of central authorities responsible for preventing and
combating domestic violence.
Building on the findings of the European Court and considering the
violations committed by the authorities, a national Concept Paper will be developed.
The Government Agent will submit proposals to the central public authorities
regarding actions aimed at curbing domestic violence, increasing responsibility
among decision makers to avoid similar violations in the future, ensuring strict
compliance with the provisions of the legislation on preventing and combating
domestic violence, protecting victims in accordance with the legislation in force, and
adjusting the legislative and regulatory framework to the European standards in the
field of human rights protection, prevention and combating of 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
CAT/C/MDA/Q/3
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 fulfill 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 on
combating domestic violence were held:
In 2009:
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
seminar; 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
seminar; Organizers: OSCE, NIJ, and UNFPA;
2 seminars on Efficient implementation of Law no. 45 on Combating Domestic
Violence, and a 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:
CAT/C/MDA/Q/3
(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 cases of refoulement or expulsion.
The number of asylum applications registered:
Country of origin 2009

AFGANISTAN
10
ARMENIA
3
EGYPT
ANGOLA
AZERBAIJAN
BANGLADESH
BURKINA FASO
BELARUS
CAMEROON
CONGO
DEMOCRATIC
REPUBLIC
OF
CONGO
CYPRUS
ERITREA
GEORGIA
3
GHANA
COTE D`IVOIRE
INDIA
IRAN
IRAQ
6
INS
1
KAZAKHSTAN
KYRGYZSTAN
7
KUWAIT
MACEDONIA
MEXICO
MYANMAR
LEBANON
SRI LANKA
MALI
NEPAL
1
NIGERIA
JORDAN
PAKISTAN
4
POLAND
GAZA
1
ROMANIA
1
2010
9
23
2011
1
7
3
2
1
2012
17
12
7
1
1
10
First half of 2013
1
1
3
2
1
1
1
2
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
2
1
2
2
3
1
4
1
1
3
CAT/C/MDA/Q/3
RUSSIA
SOMALIA
SPAIN
SUDAN
SYRIA
TURKMENISTAN
TAJIKISTAN
TUNISIA
TURKEY
UKRAINE
USA
UZBEKISTAN
YEMEN
Total Number
No. of Women
48
21
3
1
1
1
1
8
1
2
2
1
13
2
73
32
6
1
5
1
2
14
3
1
4
1
1
3
90
22
72
16
177
40
66
10
1
1
2.
Number of applicants 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 half of 2013 0.
3. Number of applicants who have been granted some form of protection on the territory of
the Republic of Moldova:
Country of origin 2009
AFGHANISTAN
2
ARMENIA
3
EGYPT
AZERBAIJAN
1
DEMOCRATIC
REPUBLIC
OF
CONGO
GEORGIA
1
IRAN
IRAQ
2010
7
6
2011
8
1
2012
6
7
1
1
I half of 2013
4
3
1
1
CAT/C/MDA/Q/3
KAZAKHSTAN
KYRGYZSTAN
NEPAL
1
NIGERIA
JORDAN
PAKISTAN
3
GAZA
1
SUDAN
SYRIA
TURKMENISTAN
TAJIKISTAN
UZBEKISTAN
Total number
No. of women
12
3
4
2
1
1
45
45
64
19
53
13
1
3
1
1
1
1
26
10
23
6
4. Number of applicants whose application for asylum was accepted on grounds that they
face a risk of torture if returned 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
2009
AFGHANISTAN
2
ARMENIA
3
AZERBAIJAN
1
DEMOCRATIC
REPUBLIC
OF
CONGO
GEORGIA
1
IRAQ
KAZAKHSTAN
KYRGYZSTAN
NEPAL
1
PAKISTAN
3
GAZA
1
SUDAN
SYRIA
TURKMENISTAN
TAJIKISTAN
UZBEKISTAN
2010
7
5
1
1
1
Total Number
25
20
12
2011
8
1
2012
6
7
I half of 2013
4
3
1
7
4
2
1
1
33
40
47
44
CAT/C/MDA/Q/3
No. of women
10
14
11
Notes:
1.
Humanitarian protection is granted to a foreigner who does not fulfill the conditions
for the recognition of a refugee status and in whose respect there are reasons to believe that upon
his/her return to the country of origin, he/she will be exposed to a serious risk, and because of this
risk he/she cannot or does not wish to seek the protection of that country.
2.
Serious risk:
a) the existence of sentences of capital punishment 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 was 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
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
18
19
CAT/C/MDA/Q/2/Add.1, para.230.
Ibid., para.229.
CAT/C/MDA/Q/3
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 the Council of Europe;
3 training courses on European Convention on Human Rights protection and the
ECHR case-law; 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;
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 judgments 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);
20
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
In 2013:
4 seminars: The ECHR case-law. Civil and criminal matters. 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 case-law; total number of participants - 54: 28 judges, 26
prosecutors; Organizers: NIJ and OHCHR;
4 seminars: Hearing of child victims/ witnesses of 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: Challenges in classifying THB crimes and techniques of hearing THB
victims/witnesses; Total number of participants - 76: 46 judges, 23 public
prosecutors, 7 officers u. p.; The organizers: NIJ, USAID/ ROLISP, and OSCE,
1 seminar: Uniform procedure for investigating cases of human rights violations in
Transnistria; total number of participants - 12: 6 judges, 6: prosecutors, Organizers:
NIJ and PROMO LEX;
1 seminar: Ensuring respect for human rights in public assemblies, total number of
participants - 24: 5 judges, 13 prosecutors, 6 police officers; Organizers: NIJ and
PROMO LEX;
2 seminars: Protecting vulnerable litigants in criminal proceedings. Challenges in
investigating criminal offenses of trafficking in human beings. International
cooperation best practice and standards relating to the commission rogatory; 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
3 seminars: Peculiarities of the implementation of the new mechanism of
compensation by the State of the damage caused by the violation of the right to trial
within a reasonable time and right to enforcement within a reasonable time, 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 criminal cases concerning crimes of domestic violence,
total number of participants - 46: 29 judges, 17 prosecutors, Organizers: OSCE, and
INJ
CAT/C/MDA/Q/3
1 seminar: Ensuring respect for human rights in public assemblies, total number of
attendees - 24: 5 judges, 13 prosecutors, 6 police officers, Organizers: NIJ and
PROMO LEX
3 seminars: Establishing the domicile of children following divorce. Criteria for
assessing the best interests of the minors whose parents reside abroad. Termination
of parental rights. Legal status of adoption, total number of participants - 94: 62
judges, 32 prosecutors; Organizers: NIJ, USAID, and ROLISP;
3 seminars: Ensuring respect for human rights in the process of applying 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,
representatives of the Anti-Torture Division of the Prosecutor General's Office have
participated in the Working Meeting on The phenomenon of torture and illtreatment in the attention of public authorities, held in Cahul town.
The meeting was attended by ombudsmen, representatives of the local public
authorities from the southern districts, representatives of the penitentiary institutions
of the Republic of Moldova, representatives of the Border Police, employees of the
district prosecutors offices and police inspectorates from the southern region of
Moldova and others.
The participants were informed about the measures taken by the Prosecutor
General's Office to prevent torture in the Republic of Moldova and the specifics of
investigating 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 representatives from all areas of activity of the
Ministry of Internal Affairs, representatives of the Prosecutor Generals Office,
CNA, SCJ, Parliament and NGOs.
The workshop discussed a number of reforms to be implemented in the activity
of the Ministry of Internal Affairs and the need for Ministrys reform. In fact, the
results of this study and workshop are at the foundation of some changes in the
legislative framework that are to be implemented in the near future.
On the initiative of the Ministry of Internal Affairs, representatives of the AntiTorture Department of the Prosecutor General's Office participated in 3 regional
workshops (in the North, Centre and South) where, together with representatives of
the Institute for Penal Reform, and Criminal Investigation Department, officers were
trained on how to prevent and discourage cases of torture and ill-treatment by their
subordinates, on how to react to such cases, and what measures to take to ensure
detainees with immediate legal assistance and medical care, on the case-law and the
practice of the ECHR, etc.
Additionally, the Prosecutor General's Office in partnership 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.
CAT/C/MDA/Q/3
The employees of the detention institutions have been trained on the behavior,
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 Anti-Torture Department, having been
previously trained by the Council of Europe experts, took part as trainers in seminars
on 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, where over 300 judges and 400 prosecutors were trained, with
the last such event being held on 31 May 2011.
During these seminars, the effects of theoretical training courses could be
observed. Also it was helpful to have the trainees grouped into mixed groups of both
prosecutors and judges, as recommended by European experts.
At each seminar, the audiences were very active; the participants had the
opportunity to ask each other questions and work in small groups, where they
examined practical cases, seeking methods and solutions from different perspectives
of the actors participating in the administration of justice.
On the initiative of the Prosecutor Generals Anti-Torture Department, and as
part of the UNDP Anti-Torture Project, with the support of the Institute for Penal
Reform and the National Institute of Justice, during 10-11 February 2011, 24-25
February 2011 and 03-04 March 2011, all the prosecutors of the territorial and
specialized prosecution offices responsible for cases of torture and ill-treatment,
in a number of 72 prosecutors, attended a continuous training course on
prevention and combating torture and other ill-treatment, taught by national
experts in the field.
During these seminars, the prosecutors were familiarized with the provisions
of the national legislation in correlation with 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 case-law of the
ECHR, methods and techniques of investigating cases of torture and ill-treatment,
the investigation and documentation of torture and ill-treatments, medical
investigation and documentation of torture, inhuman and degrading treatments,
evidencing of physical and psychological consequences of torture.
All the prosecutors were provided with information materials, including
specialized literature, policy papers and other materials, such as the Istanbul
Protocol, the 2009 CPT Country Report, or Effective Investigation of Ill-treatment:
Guidelines on European Standards, a guidebook by CPT expert Eric Svanidze on
combating ill-treatment and impunity, with a focus on the rights of detainees, etc.
As part of a partnership established previously with the Ministry of Internal
Affairs, prosecutors from the Anti-Torture Department participated on 23 February
2011 in a working meeting that aimed to provide training to all the paramedics
working in the provisional detention institutions of the police inspectorates.
The issues discussed included the existing problems, the active role they have
to play in each separate case of detecting detainees with corporal injuries and what
they need to do when detainees complain about abuse or mistreatment, or improper
detention conditions.
CAT/C/MDA/Q/3
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 Anti-Torture Department participated
in training seminars for the judicial police officers from all over Moldova organized
by the Ministry of Internal Affairs.
The high degree of efficiency of these meetings was also due to the presence
of representatives of several State structures, who stressed the need to consolidate
efforts to eradicate torture.
These training events, in addition to the leadership of the Ministry of Internal
Affairs, were attended by representatives of the Ombudsman institution (Centre for
Human Rights of Moldova), the Ministry of Labor and Social Protection and Family,
the Narcology Dispensary, and the Police Academy Stefan cel Mare.
The priority goal promoted at these seminars 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 such trainings was the promotion of a "zero tolerance"
message towards violence, expressed by the leaders of the Ministry of Internal
Affairs, which represented a conveyance from the highest level of this institution of
a clear vision, consistent with the international standards on human rights, on the
necessity to exclude such a phenomenon from police activity.
In order to ensure an effective cooperation between the prosecution and the
centre of forensic medicine (CML), on 24 February 2011, at the invitation of CML,
the head of the Anti-Torture Department participated in a working meeting that
brought together all the forensic doctors of Moldova.
In this meeting, the participants highlighted the need for cooperation between
the this institution and the prosecutors, in particular they were requested to strictly
follow the provisions of the joint Order signed by the Ministry of Internal Affairs
and the Ministry of Health, no. 372/388 of 3 November 2009, which provides
measures to improve cooperation between medical and internal affairs institutions.
For example, the provisions of section 1) of this Order requires that in cases
when people seek medical help after suffering damage to health or bodily integrity at
the hands of the law enforcement the staff of medical and sanitary institutions,
regardless of their affiliation and legal form of organization, must immediately
inform the closest specialized or territorial prosecutors office.
The forensic experts were given concrete examples of this Order being
violated, and they were also invited to discuss more routine issues, such as the
quality of drawing up forensic examination reports and documentation, the manner
in which circumstances should be described, etc.
On the initiative of the Centre for Human Rights, on 24 June 2011, a meeting
was held in Balti town to discuss Prevention of torture: a commitment or a duty of
the public authorities. The event was organized on the occasion of the UN
International Day in Support of Victims of Torture (26 June) in order to present the
actions taken to prevent and combat the phenomenon of torture and other illtreatment.
The meeting was attended by representatives of the relevant authorities
(prosecutors, judges, police officers, representatives of the local public
administration authorities and civil society) from Balti Municipality, and the districts
of Donduseni, Briceni, Drochia, Edinet, Glodeni, Falesti, Floresti, Rezina, Riscani,
Ocnita, Singerei, Soroca, Soldanest, and Telenesti.
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During this meeting, a representative of the Anti-Torture Department

presented information about the measures taken to prevent and combat the
phenomenon of torture by the Prosecutor General's Office.
On 17 September 2011, a representative of the Anti-Torture Department of
the Prosecutor Generals Office of the Republic of Moldova participated as a trainer
in the training of members of the Advisory Council of the National Mechanism for
Prevention of Torture (NPM), where he spoke on the Effective Investigation of
Cases of Torture. The format of cooperation between the Prosecutor-Generals
Office and NPM.
The objectives of this training course were to improve and update knowledge
in the field of preventing and combating torture and other ill-treatment, to develop
monitoring capacities and skills in drawing up monitoring reports, exchange good
practices in the field of documentation of torture and other ill-treatment.
On 28 and 29 November 2011, ten prosecutors from the Anti-Torture Department
and other prosecutors from territorial prosecution offices in charge of handling such
cases participated actively in the International Conference Monitoring the
implementation of recommendations from the UN Special Rapporteur on Torture:
Major challenges and strategies for the future, organized within the framework of
the Atlas of Torture Project.
During this conference, the prosecutors, criminal investigation officers and other
police officers, lawyers, ombudsmen, international experts were divided into five
working groups, where they discussed the following:
- Strengthening of the institutional and legal framework and jurisdiction of the
National Mechanism for the Prevention of Torture;
- Revision of the legal framework regarding the criminalization 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.
As a result of the group work, the participants formulated concrete proposals to
be applied both at the institutional and national level on the amendment of the legal
and departmental framework.
In 2012:
The prosecutors of the Anti-Torture Department and 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, as the trainees
participate in mixed groups composed of prosecutors and judges (investigative
judges and judges from all types of courts).
On 26 April 2012, within the framework of the Atlas of Torture Project, the
prosecutors of the Anti-Torture Department participated in the meeting of the
Working Group of experts regarding disciplinary procedures and methodology of
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internal investigations and the relationship between criminal proceedings and

disciplinary procedure in the case of allegations of ill-treatment and excessive use of
force by police officers and penitentiary institutions. At this meeting, discussions
were held and recommendations were made to streamline the disciplinary
sanctioning regime.
Also as part of the Atlas of Torture Project, the prosecutors of the Anti-Torture
Department and other 8 prosecutors responsible for examining cases of torture
participated in 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 conference aimed to provide a forum for the national stakeholders and
international experts to express their opinions and share experiences on the
institutional and procedural options for further strengthening 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 based on the
ECHR case-law.
The conference worked in 4 groups, which discussed the challenges faced by the
new system of investigating allegations about mistreatment instituted in the
Republic of Moldova.
The measures proposed as a result were presented in the conferences plenary
session, where the opinions of foreign experts (Norway, Slovenia, United Kingdom)
were also heard.
On 15 October 2012, work started on a training course about Investigating cases
of torture and other ill-treatment in Moldova.
The effort to develop this training course, which was completed in 4 sessions,
involved all the prosecutors responsible for examining cases of torture and illtreatment.
The purpose of this training course was to strengthen the capacities of the
prosecutors to prevent and combat torture and other ill-treatment.
In 2013:
For 2013, it was planned to develop within the Atlas of Torture Project a set of
methodological guidelines to investigate cases of torture, destined for prosecutors
specializing in this area.
Relevant international experts, prosecutors of the Anti-Torture Department, as
well as academics have been involved in developing these guidelines.
The guidelines will comprise methodical recommendations both for prosecution
in such cases and for judicial research purposes.
It is envisaged that the guidelines will be approved by Order of the Prosecutor
General, will be of internal use for the prosecutors and will become effective by the
end of 2013.
In order to create appropriate conditions for examining forensic evidence in
cases of torture and improve their quality, several laboratories and departments of
the Centre for Forensic Medicine and its territorial units were furnished and
equipped with modern equipment for forensic investigation, valued at about EUR
600,000 and bought 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 detention institutions and in
emergency medical institutions were trained on how to perform medical
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examination and documentation of cases of torture in accordance with the provisions

of the Istanbul Protocol.
For the purpose of training, but also in order to develop capacities for continuous
improvement, the library of the Forensic Medicine Department of the University of
Medicine and Pharmaceutics Nicolae Testemitanu, hosted by the Centre for
Forensic Medicine, received 8,000 euros worth of specialized literature. The library
was also fully furnished and equipped with multimedia equipment, serving at the
same time as a venue for study, conferences and meetings.
(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 use
of physical force, special means and firearms came into effect. This piece of
legislation was drafted 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, the law contains rules of a more general nature rather than specific or
detailed provisions.
Thus, there is a need to draft secondary legislation to provide unique and
specific rules for the application of physical force, special means and firearms, to
enable the practical implementation of Law no.218.
(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.
A significant event is the launch of the annual Campaign to celebrate the
International Family Day, an observance which aims to highlight the importance of
the family in society, promote the values of the family and the rights of the children
and mechanisms of reception of complaints from children, etc.
Similar activities were carried as part of the Campaign A child informed, a
child protected, which run on 24-31 May and 2-20 September 2013, based on
MoIA Order no. 34/1-1511 of 18 May 2013, aiming at raising awareness on the
safety of the young generation and reducing violence and crime among minors.
Under Cooperation Agreement no. 34/906, signed on 12 April 2013 between
the Ministry of Internal Affairs and the NGO Promo-LEX, during 15 May - 25 June
2013, the General Inspectorate of Police of the Ministry of Internal Affairs in
partnership with Promo-LEX launched an Information Campaign to inform the
citizens about the introduction of the Protection Order 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.
As part of the campaign, over 4,000 flyers were distributed and posters were
placed in each police inspectorate and station.
The materials aimed to inform the public about the protection measures
afforded by the law to victims of domestic violence, about the procedure of
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obtaining the order and what protection it provides exactly, how it can be enforced
and what protective measures are envisaged in case of breach of the order.
Raising the level of professionalism, the precise application of the law and
the improvement of the quality of services provided, are naturally some of the
essential priorities 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 the UNFPA, initiated
the procedure of establishing the curriculum for police professionals specialized
training at the Institute of continuous professional development and applicative
scientific research of the Academy "Stefan cel Mare", regarding the implementation
of the 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.
UNFPA developed a manual for the students of the Academy "Stefan
cel Mare", on the implementation of the legislation in the field of preventing and
combating domestic violence, which is to be coordinated and published soon.
A considerable role in eradicating domestic violence and abuse against
children is also played by the cooperation of the Police with the international
organizations, in particular with the member organizations of the global network of
the United Nations Development Programme (UNDP), the United Nations
Population Fund (UNFPA), the OSCE Mission to 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 on how to intervene, emphasizing an intervention approach on a case by
case basis within multidisciplinary teams, where each actor of the team contributes
with his or her capabilities to collectively provide quality services.
In addition, a training of trainers course was held with the support of the
United Nations Population Fund (UNFPA) and with the participation of the Police
Academy Stefan cel Mare.
The training for trainers course for the specialists of the internal affairs
bodies, specialized in preventing and combating domestic violence, as part of the
technical assistance project implemented by UNFPA and the Women Law Centre,
with the financial support of the U.S. Embassy, was conducted in November 2012,
in 4 stages, and trained a total of 18 employees of the Police.
One of the sessions of this training course was organized by UNFPA, at the
International Law Enhancement 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 held, where the first 50 employees of the police inspectorates
from Balti, Singerei, Glodeni, Falesti, Donduseni, Ocnita and Rezina have been
already trained, who will become multipliers of best practices of response to the
phenomenon of domestic violence. 100 district police officers have already
benefited from these trainings.
The role of trainers at these workshops is played by police officers and civil
society representatives who were previously trained in three training modules as part
of the same project, with the most skilled professionals being selected for this role.
CAT/C/MDA/Q/3
The key topics of the modules include aspects of the legislation of the
Republic of Moldova in the field of domestic violence, intervention and the role of
the police in the issuance, enforcement and supervision of protection orders.
In these trainings, the participants were provided with supporting materials
for the course that included guidelines on police intervention in cases of domestic
violence, which were prepared by the expert team of the Women Law Centre.
To improve this project, and in order to ensure the continuity of the training
activities, it has been agreed with the organizers and donors to conduct more training
events in 2014 for over 1,000 police officers, including criminal investigation
officers.
With a view to implementing Law no. 45-XVI of 1 March 2007 on
Preventing and Combating Domestic Violence, Law no. 241-XVI of 20 October
2005 on Preventing and Combating Trafficking in Human beings, as well as the
National Referral System (SNR) Strategy for the protection and assistance of
victims and potential victims of trafficking in human beings, approved by decision
of Parliament no. 257 of 5 December 2008, training was offered to about 127 district
police officers from the police inspectorates of Ciocana (Chisinau Municipality),
Clrai, Dubsari, Ciadr-Lunga Orhei, Basarabeasca and Comrat.
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 this area.
In these seminars, experts and relevant actors (social workers, police officers,
doctors, 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 prevention and combating of 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 Police Inspectorate of and Representative Office of
Terre des Hommes Foundation in the Republic of Moldova, concluded a partnership
agreement, within the "Transnational Action" Project, supported by the Swiss
Agency for Development and Cooperation.
In order to prevent and combat all forms of abuse, neglect, exploitation and
increase 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,. The beneficiaries will further expand the training activities within the
territorial police subdivisions.
The Ministry of Internal Affairs will further take all the efforts necessary to
fulfill the responsibilities related to the implementation of actions in the field of visa
liberalization regime, in order to prevent and combat any displays of violence and to
protect fundamental human rights.
Prosecutors from territorial and specialized prosecutors offices that are
responsible for investigating cases of torture and ill-treatment, on the
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recommendation of the Anti-Torture Department, participate in meetings of

professional training held at police inspectorates and prisons located in the ranges of
their jurisdictions, while anti-corruption prosecutors visit the National Anticorruption Centre and military prosecutors visit military units, in order to familiarize
the employees of these institutions with the relevant amendments made to the
Criminal Code and Code of Criminal Procedure.
At such professional training activities, the prosecutors speak on other relevant
issues as well, such as the European Court of Human Rights case-law, in particular
the cases that found the Republic of Moldova 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 in New
York on 10 December 1984) to which the Republic of Moldova is a party; and
observance of Law no. 218 of 19 October 2012 on the Use of Physical Force,
Special Means and Firearms.
Particular consideration is given to the importance of documenting the necessity
of applying physical force and special means by describing in detail the created
situation which required the use of force and what concrete steps were taken to
contain it.
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. Participation in such events has contributed to the development of
practical, theoretical and tactical skills among a part of MoIA employees. In
particular, they were familiarized with new research methods, technical equipment
and devices used, protective and security measures, cooperation with other relevant
institutions etc.
Training courses were organized at the Ministry of Internal Affairs to study a
variety of matters, with a focus being on observance of legality in criminal
investigation activities. Other subjects discussed included the recommendations
concerning the need to respect human rights and fundamental freedoms in criminal
proceedings; the legality of the detention in pre-trial detention institutions of
detained persons or persons under provisional arrest; the rights of the suspects and
accused who are detained or are under provisional arrest.
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 to exclude
cases of violation of fundamental rights and freedoms of the parties in proceedings.
Such professional trainings also included discussions at all levels, including in the
Ministers team, on issues related to cases lost by Moldova at the European Court of
Human Rights, with concrete courses of action being examined.
For the purpose of strict and precise implementation of the criminal procedural
legislation concerning respect for human rights in criminal trials, prevention of any
acts of torture and other inhuman treatment towards the parties and other
participants in the process, the Ministry of Internal Affairs, annually organizes and
conducts in each region of the country five educational-methodological seminars
with the management and personnel of the criminal investigation divisions.
Additionally, in concert with the Prosecutor General's Office, the Ministry organized
seminars with criminal investigation officers and prosecutors from all over the
country.
CAT/C/MDA/Q/3
The Ministry of Internal Affairs requests the heads of subdivisions to ensure a

strict control over the activity of their subordinates, as well as to take measures to
prevent any negative practice.
For 2013, the Department of Penitentiary Institutions has concluded 2
agreements for the provision of training services to its medical personnel with:
1. The State University of Medicine and Pharmacology Nicolae Testemitanu,
with a contract of MDL 72,168.00 (seventy-two thousand one hundred and sixty
eight lei);
In 9 months of 2013, 14 doctors were trained
2. The Center for Continuous Medical Education for medical and pharmaceutical
personnel with secondary education, with a contract of MDL 32,262.00 (thirty-two
thousand two hundred sixty two lei).
18 medical assistants were trained in 9 months of the year
For the purpose of consolidating capacities, improving knowledge and
abilities of doctors employed in penitentiary institutions in examining and
adequately documenting 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 illtreatment in Moldova was implemented with financial support from UNDP and the
EC. As part of this project, it is also planned to review the legal framework for
implementing 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 Training
Center of the Department of Penitentiary Institutions, training lessons took place for
the medical staff of the subordinated medical services on Dual loyalty in medical
practice. Documentation of bodily injuries and self-mutilations (under the Istanbul
Protocol). Responsibility in medical practice. Malpractice. These courses have
been attended by 39 medical employees with higher and secondary education.
Training of the staff of the penitentiary system is organized at the following
institutions: the Academy Stefan cel Mare of the MoIA (annually 11 people fulltime and 17 people part-time), the Bucharest-based Academy of Police Alexandru
Ioan Cuza (5 employees); the National Training School for Prison Agents, Trgu
Ocna (20 employees in 2013); the Training Center with a total of 442 employees
(initial training 108 employees; trainings courses 183; courses for granting special
degrees 151 people). Also, all the authorities of the penitentiary system have weekly
professional training sessions organized by their human resources services.
Within continuous training courses on the subjects of 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 the DIP have been trained as part of an
eight-hour yearly course. 394 employees have attended initial and continuous
training sessions on the same subjects organized by the Training Centre.
The DIP issued internal Order no.21 of 24 January 2013 On the
Organization of Professional Training for DIP departments and divisions in 2013"
and internal Order no.15 of 17 January 2013 On the Organization and Professional
Trainings in the Penitentiary System in 2013.
The central DIP staff was familiarized with the following subjects:
-Current problems in the implementation of provisions of Law no.1036-XIII of 17
December 1996 on the Penitentiary System especially, chapter VII Use of physical
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force, special means and firearms (20 February 2013);

-Regulation of the DIP combat service approved by Order of the Ministry of
Justice no.106 of 6 March 2003 (6 March 2013);
- Statute on the Serving of Criminal Sentences, approved by Government
Decision no.583 of 26 May 2006 (3 April 2013);
-The European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment of 26 November 1987. Conditions and limits of
the use of physical force and special means by the penitentiary system employees, in
the context of respect for prisoners rights. (17 April 2013)
- Law no.218 of 19 October 2012 on the Procedure of Use of Physical
Force, Special Means and Firearms (17 July 2013)
In the DPI subdivisions, the areas mentioned above are studied according to orders
on the organization of training and 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.
As regarding the introduction of new interrogation rules, instructions,
methods or practices, since the last report, Article 104 of the Code of Criminal
Procedure (Hearing of suspect, accused, defendant) has been amended. In particular,
the amendment concerned paragraph (2), which states: Before starting the hearing
of the suspect, accused or defendant, the person conducting the criminal
prosecution is required to record the following data: the surname, name, date,
month and year of birth, place of birth, nationality, education, military service
status, marital status and dependants, occupation, address and other information
that may be necessary for the establishment of his/her identity in the proceedings.
The person conducting the hearing shall explain to the suspect, accused or
defendant the essence of the suspicion or accusation s/he is faced with, and advises
him/her about the right to remain silent and avoid making self-incriminatory
statements. Next the person conducting the hearing is required to ask whether the
suspect, accused or defendant agrees to make statements in connection with the
charge brought against him/her. Should a suspect, accused or defendant refuse to
make statements, the matter needs to be entered into the record of the hearing along
with the reasons brought for such a refusal. When a the suspect, accused or
defendant agrees to make statements, the person conducting the hearing is required
to ask him/her whether s/he acknowledges the suspicion or accusation and to
propose him/her to give written explanation in this respect. Should the suspect,
accused or defendant be unable or refuse to write by him/herself a statement, the
person conducting the hearing will enter this matter into the record.
In the same Article of the Code of Criminal Procedure, a new paragraph (3)
was included, which states that the duration of an uninterrupted hearing of a
suspect, accused or defendant may not exceed 4 hours, and the total duration of
hearings in one day may not exceed 8 hours. The suspect, accused or defendant is
entitled to a break of up to 20 minutes long during a four-hour hearing. In the case
of persons with serious health conditions, the duration of a hearing shall be
established taking into account the advice of a medical doctor.
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The MoIA has developed a series of methodological recommendations, including:

- On the legality of holding a person in temporary detention;
- On observance of the rights of suspects and accused who are detained or
under provisional arrest.
With a view to ensuring protection of human rights, increasing the professionalism of
criminal investigation officers and improving the quality of criminal investigation, the MIA issued
Order no.217 On the approval of Instructions on Tactics and Methods of Hearing the Parties to
the Proceedings.
20.
provide information on the measures taken to improve the material conditions of
detention, including the financial resources allocated.
Through the Annual State Budget Law, the DPI receives funds for good functioning,
including for improving conditions of detention. In the last few years, State Budget
allocations were as follows:
237,457,800 lei in 2009;
216,263,800 lei in 2010;
259,506,400 lei in 2011;
298,040,600 lei in 2012.
And in the first half of 2013, of the total 321,901,100 lei allocated for the DPI, 140,
397,600 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;
Considering the judgments delivered by the ECHR against Moldova in the
previous years in which the Court drew Moldovas attention to the presence of
systemic problems, in 2011-2013, some work was done to improve detention
conditions, including through reconstructions, extensive renovations and running
repairs, provision of equipment and supplies needed for the proper functioning of
penitentiaries, using State Budget allocations as well as funds from national and
foreign donors and investors.
As a result of intentions and actions undertaken, State Budget allocations rose, from
1.4% of the estimated needs in 2009, to 4.2% in 2010, 9.9% in 2011, and 12.4% in
2012.
Complex efforts were made to argue for more funds to be allocated for space
adjustment, medical assistance, food and other inmates needs, with budget
allocations increasing for these categories of expenses, as follows:
- Capital investments, from 500,000 lei in 2009 to 8.9 million lei in 2012 and
18 million lei in 2013;
- Medical assistance, from 2,280,900 lei to 3,156,100 lei in 2012;
- Food, from 21,957, 200 lei in 2009 to 31,265,600 lei in 2012;
- Hygiene items - from 723,600 lei in 2010 to 1,109,000 lei in 2012.
21
A/HRC/10/44/Add.3, paras.30-41 and 72-74.
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Regarding the current situation of detention conditions, during 2012 and 2013 they improved, as
can be seen in the following examples:
Penitentiary no.1 Taraclia
In 2012, documents were prepared to start the public procurement of reconstruction services for
the kitchen building of Penitentiary no. 1 in Taraclia, valued at 4,998,610 lei.
The renovation of the kitchen building in the Taraclia Penitentiary has been completed, with
storage facilities being reconstructed as well. At present, measurements are being performed on the
ground to compile the Terms of Reference for the initiation of a new procurement procedure for redesigning the territory and the protective fence.
Penitentiary no.3 Leova
As regards this penitentiary, in 2013, a public tender was announced for design services. On 6 June
2013, procurement procedure no.13/00324 was held to buy services for the reconstruction of
buildings at Penitentiary no. 3 in Leova. The contract was awarded to and signed with the
company IGC-Construction Ltd., and its value constitutes 796,547 lei.
Penitentiary no.4 Cricova
Concerning this penitentiary, IGC-Construction Ltd. developed project specifications and
finalized all the design components. On 10 September 2013, the final acceptance report was
issued, with 100% of the work under the specifications completed.
The project specifications were reviewed by the State Service for Designs and Construction, with
the information on the Terms of Reference for the renovation of the cafeteria of Penitentiary no.4
in Cricova to be systematized.
Penitentiary no.5-Cahul
Regarding this facility, in 2013, a public tender for the procurement of design services took place.
On 6 June 2013, the procedure no.13/00324 on the 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 value 796,547 lei). Currently, topographical
research is being performed. The level of completion is now 60% and it is planned to finalize work
under the project specifications by the beginning of October.
Penitentiary no.6-Soroca
In April 2011, services were procured for the design of an artesian well to supply drinking water,
with the installation of a tower for water storage. Construction started in 2012. As a result of the
tender organized on 14 September 2012 "Construction of an artesian well with the installation of a
tower for drinking water in penitentiary no.6 in Soroca", works have been reported as fully
completed.
Penitentiary no.9 Pruncul
Services were procured for the design of an artesian well for drinking water, installation of a tower
and connection to the city supply network. Construction began in 2012. At present, works for
water supply have been 100% completed.
Penitentiary no. 10 Goian
Some construction works were performed in 2012. At present, the reconstruction project at
Penitentiary no.10 in Goian is carried out with funds provided from the state budget and special
funds and donations.
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Construction works at block no.3 within the Goian Penitentiary have been 100 percent completed.
As regards project specifications for the reconstruction of the penitentiary no.10 in Goian, the
winning bidder of the 900,349 lei-worth contract (LP 13/00324/001) has been "Cometa Construct"
Ltd. On 06 June 2013, procedure no.13/00324 was conducted on the procurement of services to
develop project specifications for the reconstruction of the Penitentiary no. 10 in Goian. Current
completion level under the specifications is 60%, with work to be finished by the end of
September.
Penitentiary no. 11 Bli.
Regarding the construction of a Short Term Jail, with a capacity of 650 places, project
specifications are being developed to demolish unfinished building in Balti, located at 7 Veterans
Str.
This year, INCP "URBANPROIECT" continues to perform design works of the Short Term Jail.
Currently, a 2,593,000 lei procurement contract single source is under consideration by the Public
Procurement Agency to proceed with short-term jail project in Balti.
Penitentiary no. 16 Pruncul.
Reconstruction of the Psycho-neurology Block within Penitentiary no.16 in Pruncul.
The collaboration with NGO "Concordia Proiecte Sociale" on the rehabilitation of the psychoneurology block at Penitentiary no.16 resulted in design and reconstruction works for that facility
(total value 1,600,000 lei). Works have been completed, with the building operational from 2012.
The building of the Training Center and the headquarters of the Special Police Unit Pantera were
reconstructed and supplied with the necessary equipment.
Negotiations were carried out with the Council of Europe Development Bank (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 CEB Board approved on 14 June 2013 the request of the Government to
borrow 39 million Euros. The operational construction design provides for twelve detention blocks
with a capacity to house 1,536 detainees, with 64 cells per detention block, a 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 Convention on 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;
As regards the improvement of the material conditions of detention, including financial resources
allocated, we would like to communicate that of the total 38 provisional detention facilities of the
MoIA, the activity of 5 such facilities has been suspended (Ialoveni, Streni, Criuleni, Dubsari,
Dondueni) due to inadequate technical norms and lack of proper conditions of detention.
The existing 38 provisional detention facilities have a total of 273 cells to contain 682 people.
Pursuant to Government Decision no.511 of 22 June 2010, an amount of 2.2 million lei was
allocated to the MoIA for major renovations to achieve a minimum necessary number of cells in
CAT/C/MDA/Q/3
30 places of temporary detention; in connection with this, 107 cells were closed/suspended, and
152 cells have been adjusted and remain active.
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.
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 from a legal point of view the issue of food supply to persons detained in MoIA
temporary detention facilities, we should note that food to this category of persons is provided in
accordance with Art. 228 of the Enforcement Code, 3 times a day, at fixed hours, free of charge,
and hot meals included. The provision of food is done at the expense of the State Budget, in
compliance with the minimum standards set by the Government.
It is prohibited to reduce the amount, quality and calorie value of the food provided to a detainee.
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.
CAT/C/MDA/Q/3
Drinking water is available to detained persons at all times, and food is provided in accordance
with:
a) Government Decision no.609 of 29 May 2006 "On the approval of the minimum norms of daily
food rations and dispensing of detergents to detainees", with a daily money value being
established no smaller than 15 lei;
b) provisions of para.(6), Art.435 of the Code of Administrative Offenses 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 get a diet that takes into account their age, health and physical condition. Food is
prepared and served in sanitary conditions; diet may be changed only on a prescription from a
doctor or a medical assistant.
For persons detained in temporary detention at police stations subordinated to the MAI, the
same conditions apply on provision of food as for detainees placed in prisons.
Regarding conditions of detention, in provisional detention facilities the following works were
performed: installation of water supply and sewer systems, installation of washbasins, toilets,
tables, chairs, installation of windows and metal nets, ceiling repairs, installation of locks,
installation of alarms, installation of lock doors, forced ventilation, plaster on walls and the
ceiling, renovation of yards designated for walks, room for dispensing of food, offices for
meetings, offices of the heads of the provisional detention facilities.
According to provisions of MoIA Decision no.26/373 of 21 May 2012 On the installation of
video surveillance systems in district and municipal police inspectorates, thanks to financial
support allocated by UNDP during 10 months of 2012, video systems were installed in most
MoIA subdivisions, except for the Bender and Dubasari Police Inspectorates, because of
opposition from the Transnistrian police forces.
Thanks to financial support allocated by the Council of Europe in 2011, in 2012 in provisional
detention facility of the Chisinau General Police Inspectorate was reopened.
Later, in 2012, with the support of the State Budget, the Glodeni Police Inspectorate reopened its
provisional detention facility. The detention provisional detention facility in Balti reopened at a
new location (formerly the Center for Alcohol Detoxification).
It is also possible to reconstruct the building of the provisional detention facilities in Streni
(150,000 lei are required) Hnceti (75,000 lei) and Criuleni (250,000 lei).
In order to purchase and install video surveillance systems in the provisional detention facilities,
with the purpose of monitoring detainees and guards, with continuous recording and verification
of records by a single person in charge and the prosecutor, in the fourth quarter of 2012, there were
installed video-audio surveillance equipment in police inspectorates in Balti, Cahul, Cimislia,
Basarabeasca, Criuleni, Stefan Voda, Vulcneti, Ceadrlunga, Comrat Glodeni, Taraclia, the
provisional detention facility of the Chisinau General Police Inspectorate and district inspectorates,
including provisional detention centers, except for the Police Inspectorates in Bender and
Dubasari.
Tuberculosis is a major public health challenge for the Republic of Moldova. According to the
2011-2015 National Program on Tuberculosis Control, funded by grants from the Global Fund, the
improvement of TB incidence in the penitentiary institutions is a priority.
CAT/C/MDA/Q/3
The rapid diagnostic method GeneXpert works effectively, enabling the confirmation of TB in just
2 hours.
The measures taken have contributed to a decrease in the incidence of tuberculosis among
prisoners from 495 cases in 2006 to 163 cases in 2010 (down 332 cases, or 67%). During 2012,
162 cases of tuberculosis in prison were notified.
TB cases registered in the penitentiary system in 2006 Q3 2013.
Type
2006
2007
2008
2009
2010
2011
2012
New microscopic-positive cases

New microscopic-negative cases
New extrapulmonary cases
New extrarespiratory cases
Recurrent microscopic-positive cases
Recurrent microscopic-negative cases
Recurrent extrapulmonary cases
Total incidence
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
9
months
2013
11
46
0
0
8
19
0
83
Some 3% of the total number of patients diagnosed with tuberculosis in Moldova (newlydiagnosed and recurrent cases) come from the penitentiary system.
According to international recommendations, Moldova mandatory radiological examination of all
detainees is performed upon entry into the penitentiary system. In 2006, 20% of cases of
tuberculosis reported by the penitentiary system were detected upon entry into prison. In 20102011 the detection rate was 20-25% of the total cases reported, and 34.5% in 2012.
The number of prisoners with tuberculosis decreased 3.5 times from 1152 patients in 2001 to 166
patients at the end of third quarter of 2013, or down 84.5%.
Starting with 2006, the DOTS+ treatment is available in penitentiary institutions. 215 detainees
benefited from this treatment. In nine months of 2013, 24 persons were included in the DOTS+
program, 34 persons in 2012, 39 detainees in 2011, and 40 persons in 2010.
TB cases included in the DOTS+ program in the period of 2006-2012
Type
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
total
44
98
46
37
25
249
The treatment of patients follows a standardized scheme according to the DOTS and DOTS+
Strategy. 100% of second line medicines were purchases thanks to the support of the Global Fund
and first line medicines were purchased in 2013 with State Budget funds. Second line anti-TB
%
17,7
39,3
18,5
14,8
10,0
100%
CAT/C/MDA/Q/3
drugs will be received from extra-budgetary sources until 2014 and first line drugs and laboratory
consumables for 2014 were planned in the Budget (about 150,000 lei).
In the first nine months of 2013, 83 cases of tuberculosis were notified among detainees (57 new
cases and 26 recurrences), including 33 diagnosed upon entry into the prison system (38.5%). 29
detainees diagnosed with tuberculosis were released, and 12 detainees with active tuberculosis
were transferred from the Ministry of Health.
166 prisoners with active tuberculosis are recorded.
In the first nine months in 2013, 2 cases of tuberculosis were notified among 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 MoIA Order no.308 of 07 November 2011 On Amending and Supplementing
Order no.5 of 5 January 2004 and with Order no.223 of 6 July 2012 On the Approval of
Guidelines of Activity for the MoIA temporary detention facilities":
- Mothers with children aged under two years can be accepted into provisional detention facilities
together with their children. A birth certificate or other acts to confirm the connection between the
child and the mother serve as a ground for accepting a child together with his/her mother. A
confirmation from the prosecutor or the court can serve as well.
- Detained women are held in separate cells and rooms from men;
- pregnant women, nursing mothers, minors, sick people and people with disabilities (1 st and 2nd
degree) are entitled to supplementary food.
- Women accompanied by 3 children and pregnant women benefit from daily walks up to two
hours long.
- Women with young children are allowed, at their own expense, to buy food and items needed for
childcare. Boiled water is provided at least two times during escorting. Detainees and prisoners
may hold food, medicines and items allowed for storage, documents and notes of the criminal case
(only prisoners), receipts of confiscated cash.
On 1 January 2013, in the penitentiary system there were 411 women, including two minors.
Information about medical assistance provided to women in 2012 is reported in the table below:
No. of women consulted

No. of consultations performed
- on complaint
- for prevention purpose
Prescribed out-patient treatments (no.
treatments)
In-patient treatment P7,P13, P16
In-patient treatment MS
Therapeutic
profile
629
1103
988
201
619
Gynaecologic
profile*
432
471
392
79
281
Psychiatric
profile
356
418
383
116
3
21
1
25
1
311
Dental
profile**
528
548
494
54
63
CAT/C/MDA/Q/3
Under dispensary supervision
At the beginning
of period
14
13
72
58
56
7
26
New comers
HIV/AIDS
4
Diabetes
2
Cardiovascular diseases
11
Respiratory diseases
11
Urogenital diseases
2
Cancers/tumors
1
With assigned degree of disability
TB
7
Chronic hepatitis
27
3
Drug addiction
8
1
Other:
Beneficiaries of harm reduction programs
HIV tests performed
18
Methadone treatment
8
3
Antiviral treatment
9
3
Needle exchange
140
Received food support
14
2
*including breast examination (women aged 20 years or older) 139
Left the territory

7
2
13
14
5
1
8
1
22
8
3
4
8
8
140
12
*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 _491_.
Number of female detainees who benefited from consults within the IMSP __ 85__number of
women _75_ number of cases_85_.
On the initiative of the medical personel_44_; on the initiative of detainees _41_. Assistance
within AMU _8_number 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
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.
23
CPT/Inf (2012)3, paras.63-65.
Under current
supervision
11
13
70
55
53
7
26
CAT/C/MDA/Q/3
The MoIA 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 planned and surprise
inspections in connection with complaints submitted by prisoners about violence from police
officers or other prisoners.
With a view to implementing state policies, the DPI together with the competent services of the
penitentiary institutions took consistent actions aiming at combating crime and maintaining
security in penitentiaries, actions which are provided in the National Action Plan on Human Rights
2011-2014 and the Ministry of Justices Plan for 2011, as follows:
Enhanced
security in
penitentiaries
Human rights
training
for
penitentiary
staff
Take steps to eradicate

unofficial hierarchy among
detainees in order to eliminate
reciprocal violence and
intimidation of detainees, and
maintain order in prisons
Examine practices of use of
physical force and special
means in prisons and train
prison staff on the elimination
of
unlawful
or
disproportionate application of
physical force or special
means
Examine the opportunity and make proposals to introduce

legislative amendments to separate detention of prisoners who
are part of groups or criminal organizations and who received a
final sentence.
Intensify necessary measures to maintain order in prisons and
prevent violence and intimidation among detainees, and report
results of such measures.
Conduct a comparative analysis of incidences of use of physical
force and special means;
Examine the opportunity and make proposals of legislative
amendments to equip penitentiary staff with special and modern
means.
In 2012-2013, special investigative activities revealed that prisoners committed 62 illicit actions,
including 64 instances of ill-treatment against other detainees. Subsequently, there were found 6
other cases of intentional injury by convicts, against whom criminal cases were initiated.
Measures are taken to isolate criminal bosses from the rest of detainees and disband gangs, etc. In
order to eliminate unofficial hierarchy among prisoners and prevent crimes, security, preventive
and restrictive measures are imposed in penitentiaries according to section 99 of the Statute on the
Serving of Criminal Sentences. For example, detainees can be transferred from one prison to
another, with a shift from the ordinary regime to the initial regime of detention (where prisoners
serve their sentences isolated in cells).
As regards prevention of ill-treatment among detainees, employees of penitentiary institutions
have taken the necessary measures in accordance with provisions of Article 206 of the
Enforcement Code and sections 129, 133 of the Statute on the Serving of Criminal Sentences,
ensuring personal security of detainees by isolating them from other detainees, by use of separate
rooms and cells. Currently there are 341 detainees placed under such protection.
In 2012-2013, across the penitentiary system there were recorded 17 criminal cases in connection
with ill-treatment committed, tolerated or encouraged by employees of the penitentiary system.
In order to reduce torture and ill-treatment in the penitentiary system, a Plan was approved on 20
December 2012 on Combating Torture and Ill-treatment in the Department on Penitentiary
System. To achieve this, the Department on Penitentiary Institutions has set a number of objectives
CAT/C/MDA/Q/3
such as developing the internal framework of the penitentiary system in combating torture and illtreatment, effective investigation of torture and other ill-treatment, provision 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
investigations into violence between detainees.
As regards acts of violence in Penitentiaries no.11 (Balti) and no.17 (Rezina), these refer to
instances of application of special means and physical force by officers of the DPIs Special Police
Unit Pantera against persons detained in P-11 and the administration staff in P-17, due to physical
resistance and failure to obey legitimate orders from the penitentiary staff. It should be noted that
currently these cases are still under examination by the prosecution authorities under art.274 of the
Criminal Procedural Code.
On 18 May 2011, the Balti Prosecutors Office opened a criminal case under Article 309 1 (3)c) of
the Criminal Code in connection with the fact that, on 12 April 2011, members of Pantera, while
visiting Prison No.11 in Balti, ill-treated a number of detainees in this penitentiary, injuring some
of them. On 11 May 2012, the case was submitted for trial to the Chisinau Military Tribunal. Five
Pantera members are standing trial in this case. At present, the case is pending final judgment.
Acting on the CPT recommendation to increase vigilance in relation to the behavior of staff at
Penitentiaries No. 11 in Bli and No. 17 in Rezina towards prisoners who had been segregated for
their own safety, on 3 April 2012 the Department of Penitentiary Institutions circulated Note
no.4/1-1721 among all its subdivisions. It required that, in order to prevent all forms of
discrimination and inhuman or degrading treatment, supplementary instructive activities be
urgently held to improve knowledge of the penitentiary staff on the use of physical force and
special means. It also stressed that such actions must be kept to a minimum. Trainings should also
include first aid techniques and hygiene management.
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 collected by the Ombudsman institution, in March-May 2013, to
implement the Law no. 235 of 13 November 2008 on Civil Control on Human Rights Observance
in Detention Institutions, monitoring committees were set up in 13 of Moldovas 32 districts. In
other districts, such committees were not created either because no detention institutions exist
within those administrative units or because local civil society representatives have not yet
expressed their interest in monitoring conditions of detention and treatment of prisoners. Since the
entry into force of the Law and up to the present time, none of the incorporated monitoring
committees has submitted reports to the Centre for Human Rights following visits to detention
facilities or general annual 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
24
CAT/C/MDA/Q/2/Add.1, paras.250 ff.
CAT/C/MDA/Q/3
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 human rights institutions and the anti-torture
National Preventive Mechanism is a priority measure 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 MoJ Order of 25 November 2011, a working group was created to draft amendments to the
legislative framework on the activity of the Center for Human Rights and the National Preventive
Mechanism. 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 of diplomatic missions and international
organizations (UNDP, UNICEF, EU Delegation, etc.). The working group elaborated amendments
to 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 Preventive Mechanism.
The 16 September 2013, the Government by Decision no.717 approved and submitted to the
Parliament for examination the draft law on Parliamentary Advocates no.371 of 18 September
2013, prepared by the Ministry of Justice, which includes a chapter referring to the National
Preventive Mechanism.
Please provide:
(a)
Information on whether all members of the Consultative Council enjoy an

equal status as part of NPM.25
To be able to independently exercise the function of prevention of torture, members of the

Consultative Council enjoy the 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 seekers, 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 in the exercise of 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 areas, including lawyers, doctors, psychologists,
25
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
representatives of civil society in make preventive visits to places where persons deprived of
liberty are or might be detained.
The members of the Consultative Council are free to exercise their rights without any pressure,
restriction or interdiction from the parliamentary advocate. Accordingly, they are free to decide by
themselves when and what institutions to visit. The Centre for Human Rights of Moldova will
ensure transportation and the equipment required for the visit.
According to the working procedures applied in exercise of duties of the NPM, decisions on
selection of places where monitoring visits will be carried out, the 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 ex officio 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 to
the Convention against Torture and other Cruel, Inhuman or degrading treatment. Notice boards
were installed in every police station with relevant information on the functioning of the NPM,
useful for the employees of the Ministry of Internal Affairs and for the detained persons. These
actions have contributed to the reduction and, at this point, exclusion of cases of restriction of
access for the NPM members to these institutions. Currently, the members of the National
Preventive Mechanism do not face impediments to visiting places of detention. Rarely there are
recorded isolated cases of restricted access of members of the NPM to the visited institutions for
brief periods. In each of these cases the parliamentary advocate who is responsible for the activity
of the NPM reacts immediately, as required by his/her mandate.
The members of the Consultative Council have the right to choose independently places which
they intend to visit and persons they want to discuss with. For a preventive visit no prior notice or
permission from any authority is required. The ombudsmen and the members 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 use cameras, audio or video recording devices, with the consent
of the person to be recorded; or multifunctional environment measuring devices, such as Voltcraft,
which measure the amount of light, humidity levels, acoustic levels and temperature.
Reports on the results of the visits include information about the material conditions of detention
and observance of human rights in such terms as food, health care, diet and activities. Reports
include conclusions and recommendations formulated by the National Preventive Mechanism. The
reports compiled following such visits are submitted to the administration of the visited institutions
and, when appropriate, to superior institutions. Article 22 of the OPCAT requires that competent
public authorities examine NPM recommendations and enter into a dialogue with it on possible
CAT/C/MDA/Q/3
implementation measures. Implementation of recommendations is verified mainly through

correspondence, by monitoring deadlines for responses.
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, and 15 reports in the first half of 2013.
As required by Article 23 of OPCAT, annually the NPM publishes the Report on the activity of
Parliamentary Advocates and members of the Consultative Council in light of the 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. A printed
version is included in the human rights report for 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 the places visited within the framework of the NPM between
2009 and the first half of 2013:
Type of institutions visited
Institutions subordinated to the Ministry
of Interior Affairs (provisional detention
confinements)
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
*no distinct data is collected

Visits are made by parliamentary advocates/CHR employees and Consultative Council members,
as their availability allows. Of the 251 visits in 2012, 235 visits were undertaken by parliamentary
advocates and CHR employees, 10 visits by members of the Consultative Council, and 6 visits by
members of the Consultative Council together with parliamentary advocates or CHR employees.
The table below provides an overview of the number of visits, by 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
22
together with members of the Consultative Council
Members of the Consultative Council
32
2010
94
21
11
Number of visits
2011
2012 I semester 2013
211
235
116
16
6
4
11
10
total
727
69
64
CAT/C/MDA/Q/3
Consultative Council members conduct visits as their availability allows.

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 to Moldova, of 3 vehicles for the institutions
representatives, who have been actively involved in preventive visits to institutions located in
different parts of the country.
(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 in the number of visits, an increase followed in the number of cases where
parliamentary advocates reacted. Reactions include opinions/ recommendations to improve
behavior, detention conditions and torture prevention, general recommendations related to
observance of human rights, recommendations to improve managerial activity, to initiate
disciplinary / criminal proceedings against persons who committed significant violations of human
rights, proposals to amend legislation.
The table below provides an overview of responses related to 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 human
rights, and to improve managerial
activity
Measures to initiate
disciplinary/criminal proceedings of
persons who committed significant
violations of human rights
Proposals to amend legislation
Total
(2008-2013)
34
28
35
12
109
17
(2/15)
9
(2/7)
13
(1/12)
8
(1/7)
47
(6/41)
Recommendation notes are submitted to the administration of institutions visited and are included
in the report on the visit. They usually contain recommendations related to prison conditions,
health care, relations between prisoners and administration, financial issues of penitentiaries. In
most cases the prison administration reacts promptly to meet the submitted recommendations,
unless the required response involves significant financial costs.
In addition to these systemic problems, in 2012, the parliamentary advocate for the first time
addressed the problem of informal relations that involve bullying among detainees, in particular in
respect to a vulnerable group of sentenced persons informally known as the humiliated. The
problem was discussed in the chapter Activity of ombudsmen and members of the Consultative
Council in light the OPCAT provisions, which was included in the national 2012 Human Rights
Report.
CAT/C/MDA/Q/3
Formal requests to initiate disciplinary/ criminal proceedings against persons who committed
significant violations of human rights are formulated in situations where there is reasonable
suspicion of misconduct or criminal offenses committed by employees of detention institutions.
Requests to initiate disciplinary proceedings are submitted to the head of the institution concerned,
and requests for criminal proceedings are sent to the Prosecutor Generals Office.
In 2010, two criminal cases were initiated on the request of the parliamentary advocate. In respect
of 13 other cases no grounds were found for instituting criminal proceedings, and the two cases
where the parliamentary advocate had requested disciplinary were left without response.
In 2011, three criminal cases were initiated. 4 requests to initiate criminal cases were not acted
upon, and so were 2 requests for disciplinary sanctions.
In 2012, 3 criminal cases were initiated, 9 requests for criminal proceedings did not lead to
prosecution; one request for disciplinary proceedings was not acted upon;
In the first half of 2013, 2 criminal cases were initiated; 5 requests for criminal proceedings did not
lead to prosecution, one request for disciplinary proceedings was not acted upon.
(a)Any measures taken to increase the financial resources of NPM and public awareness of its
work.
The creation of the National Preventive Mechanism in the Republic of Moldova has not been
accompanied by an increase in State Budget allocations for its implementation. In 2009-2011 the
work of the NPM was 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.
The work of Consultative Council members is a voluntary work, supported by the individual
commitment of each member to prevent and combat torture and not is driven by the prospect of
financial gains. However, to encourage a more active participation of the members of the
Consultative Council in the implementing the tasks of the National Preventive Mechanism and in
response to their requests, the CHRM has identified the opportunity to reward their work. As
decided by the Consultative Council at its meeting on 21 July 2010, jointly with the ombudsman
responsible for the NPM, remuneration is available per each visit. Under this arrangement,
Consultative Council members are paid for the amount of time devoted, with average monthly
wage taken as a reference.
The CHRM budget has covered the costs of preventive visits (on-the-ground visits) and
remuneration of various experts who can be hired to make these visits. At present, the Centre for
Human Rights of Moldova has the financial resources necessary to cover the travel costs and
remuneration of experts that accompany, when necessary, the ombudsmen/employees of the
institution and members of the Consultative Council.
The CHRs budgets for 2012 and 2013 allowed it to conduct information campaigns for employees
of the institutions detaining inmates and a national public information campaign under the slogan
"Zero tolerance towards Torture".
Ombudsmen pay considerable importance to the dissemination of information about the NPM at
national level by all possible means: radio and TV broadcasts, public lectures, conferences and
round tables and periodicals.
CAT/C/MDA/Q/3
For example, during 2011, with the support of UNDP Moldova, an information campaign under
the slogan Tortura lasa urme/Torture Leaves Scars was conducted to raise public awareness of
torture and other cruel, inhuman and degrading treatment. As part of this campaign, billboards
were installed in Chisinau and two types of public-service video ads were made: for popularizing
the relevant legislative provisions and for informing the public about the helpline of the National
Preventive Mechanism against torture; and for popularizing the Convention against Torture and
other Cruel, Inhuman or degrading treatment. These video ads, with a length of 2 minutes each,
were shown on a TV channel with national coverage for two months, three times a day.
In July 2012, on the occasion of the fifth anniversary the National Preventive Mechanism in
Moldova, three national television channels and four local TV stations showed repeatedly these
videos over the course of 4 weeks.
In 2013, the Centre for Human Rights of Moldova, together with the Centre for Rehabilitation of
Victims of Torture, conducted a one-month campaign to support victims of torture and promote
torture prevention, which included some 25 activities: holding of press conferences and round
tables, Zero Tolerance banners displayed in 20 districts of the country; publication and
dissemination of information materials; lectures and trainings 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 was alleged:
Year 2011
Total number of
Number of refusal
complaints handled decisions adopted
by prosecutors
under article 275,
Article of
paragraph 1) -3) of
Criminal
CPP
Code
complai Own
complaints Own
nts initiative
initiative
Art.309
32
11
26
10
Number of decisions on
Number of
refusal adopted on other Criminal Cases
grounds
initiated
Number of
complaints pending
(as of 1 Jan. 2012)
complain Own initiative Complaint Own complai Own

ts
s
initiativ nts
initiative
e
CAT/C/MDA/Q/3
Art.309/1
200
95
161
81
Art.328
par.2),3)
476
111
393
86
Art.368
19
Art.370 (use
of violence)
717
241
TOTAL:
958
24
14
10
50
32
13
14
583
185
80
28
51
24
768
108
75
CAT/C/MDA/Q/3
Year 2012
Art.166/1
Art.309
Art.309/1
Art.328
par.2),3
Art.368
Art.370 (use
of violence)
Number of refusal
Number of
Number of
Number of complaints
decisions
adopted
under
decisions
on
refusal
Criminal
Cases
pending (as of 1 Jan.
Total number of
article
275,
paragraph
1)
adopted
on
other
initiated
2012)
complaints handled
-3) of CPP
grounds
by prosecutors
Complaints Own
complaints
Own
complaiOwn
Compla Own
complaints Own
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
Analyzing the complaints about torture and other forms of ill-treatment that were registered by
prosecutors in 2012, one can remark that the in most cases the actions that clearly violate the law
are particularly committed against persons who are suspected, accused or convicted on criminal
charges. Of the total number of 970 of complaints recorded in this period, in 604 complaints, or
61%, ill-treatment was alleged precisely by this category of persons.
In 271 complaints, or roughly in every fourth complaint, ill-treatment was alleged by persons who
had not committed any offense. Such claims were made by injured parties or witnesses, but also by
persons who did not have a procedural status at all. In 94 cases, or 9.6%, ill-treatment was alleged
to have been perpetrated against administrative offenders.
In specific cases where the personality of the victim may have particular importance, minors are
usually concerned. They are a particularly vulnerable group. In particular, it should be noted that
the consequences of ill-treatment against children may differ significantly from the consequences
suffered by adults following similar treatment. In the reference period, in 39 complaints minors
were victims of ill-treatment, compared to 35 in 2011 and 33 in 2010. It points out that the
situation changed quantitatively every year, indicating an upward trend of such complaints.
However, one should take into account that there are indications that certain forms of violence
against children, in particular forms of psychological abuse, are inadequately identified or, if
identified, are recorded and reported incorrectly for appropriate actions to be taken.
These conclusions are reflected in the table below:
Complaints by status of the alleged victim of torture or other ill-treatment (year 2012)
34
CAT/C/MDA/Q/3
Art.166/1 Criminal
Code
Art.309
Criminal
Code
Art.309/1
Art.328
Criminal par.2) and 3)
Code
Criminal
Code
Art.368
Criminal
Code
suspects, accused,
convicted
11
291
296
1
3
1
6
19
91
8
129
4
9
3
84
Art.370
TOTAL
(violence) complaints registered
Criminal
in 2012
Code
604
/ including minors
Other parties to the
proceedings (victims,
witnesses, persons
without procedural
status)
37
29
272
/ including minors
Offenders /
including minors
TOTAL
18
2
391
1
509
Complaints
registered in 2012/
including minors
25
12
7
94
37
Further, it appears that the police are more likely to resort to prohibited inhuman, humiliating and
degrading methods while they are on the premises of police inspectorates, with 326 complaints, or
34% naming that location.
Abuses alleged to have been committed in the street or other public places are also common
(24%).
In 126 complaints, or 13% penitentiary institutions were the alleged location of the ill-treatment
Next come complaints about the use of violence inside police stations or other police quarters,
with 11%.
Cases of ill-treatment committed in the Ministry of Interior Affairs detention centers were
reflected in 73 complaints (7.5 %). In this respect, it would be helpful to refer to the case-law of
the European Court of Human Rights and in particular the 1995 case of Ribitsch vs. Austria. The
Court explicitly notes that the State is ...responsible for any person in detention, since [he/she is]
entirely in the hands of the police. In the event of injuries being sustained during police custody, it
[is] for the Government to produce evidence establishing facts which cast doubt on the account of
events given by the victim, particularly if this account [is] supported by medical certificates. In
3
970
39
CAT/C/MDA/Q/3
fact, the burden of proof falls upon the authority in whose custody the person is, an obligation
arising inter alia from Article 10 para.3/1 of the Criminal Procedure Code.
Further, besides occurring on police premises, in public buildings or in detention facilities, illtreatment may also be committed in the victims own home. This is demonstrated by 54
complaints, which alleged violence at the residence of the victim or complainant. This represents
5.5% of the total number of complaints in 2012.
Other 41 complaints relate to violence committed within military units, or 4% of the total. It
should be stressed that like any other citizen, every serviceman has the right not to be subjected to
torture or inhuman and degrading punishment, this being a core human right whose prohibition is
absolute. No limitations or exceptions may be claimed to this right, be it for the sake of military
discipline, or obligation to follow orders without hesitation, or national security, or extraordinary
circumstances such as war. However, it is often the case that this right is violated by practices in
the army known as hazing, where junior servicemen endure ill-treatment from veterans as part of
initiation rituals. While such veterans are in most cases low-ranking officers or are equal in rank
to the juniors subjected to ill-treatment, often such informal initiation practices are tolerated or
even encouraged by higher-ranking officers on that conception that this can contribute to a climate
of order and discipline requiring blind obedience. While admitting that relations in the army
should be based on subordination and discipline, it is equally true is that informal practices such as
hazing amount to acts of torture and inhuman and degrading treatment. This is precisely the reason
why such practices ultimately degrade the climate, genuine order and discipline in the military,
jeopardizing the effectiveness of its missions. Considering this, the public authorities responsible
for the management and supervision of the armed forces, including commanders at all levels of
military hierarchy, have an obligation to identify ways to defend the right of servicemen to be free
from torture or inhuman and degrading treatment or punishment.
No complaint was recorded alleging violation or ill-treatment by staff of psychiatric facilities
against patients. This indicates either that violations of human rights do not exist in such
institutions or that the rights of such patients are violated so severely and profoundly that it
restricts their access to justice in such a way that they are unable to complain. Should this be the
case, it can be assumed that the administration condones this.
Considering this, the necessity arises to undertake a complex inspection of the activity of
psychiatric institutions, involving specialized experts such as Ministry of Health specialists, as
well as prosecutors and civil society representatives, to verify which of the two assumptions is
true.
Numerical breakdown of complaints by location of alleged torture and ill-treatment (2012)
In penitentiary
institutions
In PDIs
of CPr, CPs, CGP,
CNA ...
Inside police
inspectorates
art.166/1
art.309
art.309/1
art.328
art.368
par.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
registered
in 2012
of the
Criminal
Code
3
of the
Criminal
Code
1
37
26
73
177
141
326
126
CAT/C/MDA/Q/3
(other than PDIs)

inside police stations
or other police quarters
Inside psychiatric
institutions
within military units
in the street or other
public spaces
at the residence of the
victim, complainant
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
par.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
registered
in 2012
116
36
1
3
2
41
234
54
37
970
The perpetrators of the alleged violence pursued the following purposes:

- to extort evidence, confessions or other information (312 such complaints, or 32% of the total of
970 complaints);
- to punish the victim for an actual or alleged act (245 such claims, or 25%);
- to instill a sentiment of ones superiority over the victim (145 complaints, or 15%);
- excessive use of force during arrest, as a result of abuse of authority and of poor knowledge of
law and duties (177 complaints, or18%);
- to intimidate or discriminate (91 complaints or 9%).
In most cases, police officers apply violence in order to extort self-incriminating confessions from
people, which to a certain extent is due to an inclination to improve crime clearance rates at any
cost.
Regretfully, despite efforts to remedy this, such tendencies persist in the Ministry of Internal
Affairs at departmental level. In light of this, it is necessary to give priority to professional training
of police officers in order to shape an attitude that unambiguously stands against abuse. The
professional training must be relevant and integrate the principle 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 it must target all the police officers. Such training should also explain and
develop two mental attitudes: first, all forms of ill-treatment are an offense to human dignity and
are incompatible with the values enshrined in Article 24 para.2 of the Constitution and other
international instruments ratified by the Republic Moldova; second, the use of ill-treatment is a
fundamentally ineffective method of obtaining valid confessions which does not contribute to the
fight against crime. Modern techniques of hearing and prosecution give better results in terms of
personal security and legality of evidence gathering.
Distribution of complaints of torture and other ill-treatment by purpose of use of violence (2012)
art.166/1
of the
Criminal
Code
art.309
of the
Criminal
Code
art.309/1
of the
Criminal
Code
art.328
par.2) and 3)
of the
Criminal
art.368
of the
Criminal
Code
art.370
(violence)
of the
TOTAL
Complaints
registered
in 2012
CAT/C/MDA/Q/3
Code
punish the victim for an
actual or alleged act
extort evidence,
confessions or other
information
intimidate or discriminate
instill a sentiment of
ones superiority over the
victim
excessive use of force
during arrest
TOTAL
Complaints registered in
2012
4
2
98
142
16
239
55
14
23
75
81
2
1
17
156
18
391
509
Criminal
Code
1
245
312
1
35
37
91
145
177
970
Analyzing the complaints in terms of the methods used to apply torture and ill-treatment, one can
see two indicators standing out.
Of the total number, 641 complaints, or an overwhelming 66%, relate to beating by punching and
kicking.
Coming far behind in second place, with 108 complaints or 11%, is the use of firearms, special
tools, and other items adapted to this purpose (clubs, water bottles, books, etc.).
Following is a table with data on complaints of torture and other ill-treatment disaggregated by
forms of violence used (a.2012)
Art.166/1
Art.309
Art.309/1
Criminal
Code
Criminal
Code
Criminal
Code
38
243
347
24
24
22
85
Imprisonment as a
method of inhuman or
degrading treatment
7
Punching and kicking
Physical and
psychological violence
following handcuffing
Violence by use of
firearms, special tools,
and other adapted items
(clubs, bottles, books,
etc.)
Reverse hanging
(Stappado)
Foot whipping
(Bastinado)
Use of electric shock
Sexual abuse
Art.328
Art.368
par.2) and
3)
Criminal
Criminal
Code
Code
2
37
Art.370
(violence)
Criminal
Code
TOTAL
Complaints
registered in
2012
41
641
49
108
1
1
CAT/C/MDA/Q/3
Art.166/1
Art.309
Art.309/1
Criminal
Code
Criminal
Code
Criminal
Code
Other ...
TOTAL
2012
2
9
12
18
62
391
/ including minors
25
Art.328
Art.368
par.2) and
3)
Criminal
Criminal
Code
Code
50
509
37
Art.370
(violence)
Criminal
Code
TOTAL
Complaints
registered in
2012
2
6
128
970
12
The severity of injuries sustained by the alleged victims of torture and inhuman or degrading
treatment was also studied.
It was found that in the largest number of cases, in 635 out of 970, or 65% the victims suffered
physical pain or mental distress which did not produce visible injuries on the body.
In such cases, prosecutors should be aware that there are methods of use of force that leave no
trace on the body, which tend to get more and more widespread among police officers. Prosecutors
who investigate cases of torture and other ill-treatment should undergo training with a focus on
effectively investigating this particular kind of ill-treatment.
In the reference period, concrete measures were taken in this respect, with prosecutors from the
Anti-Torture Department and a number of other prosecutors responsible for investigating cases of
torture and ill-treatment from the regional and specialized prosecutor attending three workshops on
Strengthening measures against ill-treatment and impunity, organized by the National Institute
of Justice within a joint program of the Council of Europe and the European Union. It is important
to note that, in order to increase the efficiency of the workshops, the trainees participated in mixed
groups composed of prosecutors and judges (investigative judges and judges from all types of
courts).
Further, the recommendation of the UN Committee against Torture should be recalled, which
stressed the importance of psychological evaluation of victims that can provide critical evidence of
abuse of victims of torture, for several reasons: torture often causes devastating psychological
symptoms; torture methods, as noted earlier, are often designed to leave no physical traces.
In order to create real conditions for making these psychological evaluations, Law No. 66 of 5
April 2012, Article 143 para.1 of the Criminal Procedure Code was supplemented with point 31,
which sets out the obligation of order and perform an examination to determine the psychological
and physical condition of a person who has been alleged to have suffered acts of torture, inhuman
or degrading treatment.
By Law no.252 of 8 November 2012 amending the Criminal Procedure Code, Article 147 was
supplemented with paragraph 11, which states that in cases of torture, it is mandatory to perform a
complex examination, including forensic, psychological and, where appropriate, other types of
examination. This rule will create the necessary conditions for ordering the performance of a
complex examination of the alleged torture, because this, as noted, can involve both physical and
mental consequences.
In some cases, ill-treatment of persons resulted in injuries, rated as follows:
- insignificant in 214 complaints, or 22%;
- light in 91 cases, representing 9%;
- medium, in 25 cases, which accounts for 2.5% (complaints of this kind were recorded in the
following territorial and specialized prosecutors offices: Chisinau Municipality (5) Buiucani (3)
Cahul (2) Cueni (2) and one in each of the following jurisdictions: Sngerei, Ungheni, Rezina,
39
CAT/C/MDA/Q/3
Streni, Nisporeni, Rcani district, Centru district, Soroca, Orhei, Comrat, Cahul Military,
Chisinau Military, Anti-torture Department of the Prosecutor Generals Office of the Republic of
Moldova);
Severe in 5 complaints, or 0.5% (Chisinau (4), Chisinau Military (1)).
No cases of ill-treatment resulting in death were registered.
Distribution of complaints of torture and other ill-treatment by severity of injuries sustained
(2012):
Art.166/1
Criminal
Code
resulted in death of the

victim
serious injury
medium injury
light injuries
minor injuries
other physical pain or
mental distress
TOTAL
Decisions registered in
2012
/ including minors
Art.309
Criminal
Code
Art.309/1 Art.328
Art.368
Criminal par.2) and
Code
3)
Criminal
Criminal
Code
Code
5
4
18
3
8
39
77
264
18
391
Art.370
(violence)
Criminal
Code
TOTAL
Complaints
registered in
2012
1
16
50
121
321
1
1
1
10
24
1
1
4
5
25
91
214
635
509
37
970
By perpetrator status, most of the complaints relate to employees of the Ministry of Internal Affairs:
- Actions committed by employees of the criminal police force of the MoIA (387 complaints or
40% of the total of 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 complaints (14%);
- Investigators - 27 complaints (3%);
- Employees of the Ministry of Defense - 14 complaints (1.4%);
Prosecutors 11 complaints (1.1%);
- Officers of the Special Police Unit "Pantera" of the Department of Penitentiary Institutions - 10
complaints (1%);
- Other public office holders - 5 complaints (0.5%);
Only one complaint regarding actions of ill-treatment by the National Anticorruption Centers (CNA) officers
was recorded.
Numerical breakdown of complaints by subjects accused of acts of torture and other ill-treatment (2012):
CAT/C/MDA/Q/3
Actions committed by
prosecutors
Criminal investigators
actions committed by
the criminal police of
MoIA
other employees of the
MoIA (including
Carabineers)
officers of the Special
Police Unit Pantera
acts committed by other
employees of the DIP
(other than Pantera)
employees CNA
employees of the
Ministry of Defense
other public office
holders
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
Complaints
registered
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:

Total number of
complaints in
prosecutors
jurisdiction
Art.
C.C.
Article 309
art.1661 alin.(1),
(2)(art.328 para.
(2), (3))
art.1661 para.(3),
(4)(art.3091 )
art.368
art.370 (violence
applied)
TOTAL:
Number of refusal Number of refusal

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

cases laints
ints
cases
5
2
4
2
214
77
158
63
57
4
28
5
41
25
2
281
113
203
394
92
295
Comp Recoded Complai Recoded

laints cases
nts
cases
1
Number of
complains
pending as of 1
July 2013
3
4
36
19
13
4
2
3
55
15
22
70
25
Complaints by status of the victim of alleged torture and other ill-treatment (6 months of 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 months
2013
/ including minors
163
73
80
10
1
48
242
8
102
1
50
3
291
85
3
394
12
CAT/C/MDA/Q/3
Numerical breakdown of complaints by location of committed acts of torture and other ill-treatment (6 months of
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 PDIs
2
11
7
20
of CPr, CPs, CGP,
CNA ...
inside police
4
73
45
122
inspectorates (other than
PDIs)
inside police stations and
35
8
43
other police quarters
inside psychiatric
institutions
Within military units
1
9
2
12
In the street or other
102
15
117
place
At the residence of the
36
1
37
victim, complainant
TOTAL
7
291
85
9
2
394
6 months of 2013
Distribution of complaints of torture and other ill-treatment by purpose of use of violence (6 months in 2013)
Art.309 Art.1661para. Art.1661para. Art.368
Art.370
TOTAL
Criminal
(1), (2);
(3), (4);
(violence)
Complaints
Code
art.328
art.3091
Criminal Criminal registered in 6
para. (2), (3) Criminal Code
Code
Code
months in 2013
Criminal Code
Punish the victim for an actual
70
17
87
or alleged act
To extort confessions
7
53
55
115
intimidation or discrimination
40
3
3
46
Instill a sentiment of ones
62
5
6
2
75
superiority over the victim
Excessive use of force during
66
5
71
arrest
TOTAL
Complaints registered in 6
7
291
85
9
2
394
months in 2013
Distribution of complaints of torture and other ill-treatment by 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
CAT/C/MDA/Q/3
Imprisonment as method of
inhuman or degrading
treatment
Punching and kicking
Physical and psychological
violence after handcuffing
Violence by applying use
of firearms, special tools
and other adapted items
(sticks, water bottles,
books, etc.)
Reverse hanging
(Strappado)
Foot whipping
(Bastinado)
Use of electric shock
Sexual abuse
Other ...
TOTAL
complaints registered in 6
months of 2013
/ including minors
2013
2
2
1
3
188
17
67
6
24
26
266
26
58
291
85
70
394
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);
Code
para.2, 3
Art. 3091
Criminal Code
Criminal 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 mental
distress
TOTAL
complaints registered in 6
months of 2013
/ including minors
Art.368
TOTAL
Complaints
registered
in 6 months
2013
1
25
64
30
197
42
253
291
85
394
Criminal
Code
Art.370
(violence)
Criminal
Code
34
97
Numerical breakdown of complaints by subject accused of committing acts of torture and other ill-treatment
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
prosecutors
investigators
MIA in the criminal police
110
55
other collaborators more
(including the Carabineers)
Pantera officers, DIP
other DPI
(other than Pantera)
CNA staff
employees of the Ministry of
Defense
officials
TOTAL
Complaints registered in 6
months in 2013
/ including minors
127
21
34
art.370
TOTAL
(violence) Complaints
Criminal registered in 6
Code
months of
2013
4
8
169
155
43
9
7
291
85
12
394
Investigations conducted in criminal cases

Statistics about sentences issued in criminal cases that had been managed by prosecutors responsible for
investigating cases of torture in the territorial and specialized prosecutors offices for 2009-2011:
Art. Pending criminal cases ( on
Criminal cases initiated: Criminal investigation Criminal investigation
CC January 1 of the respective year).
terminated on grounds terminated on other
enumerated in artilcle grounds:
275 pts.1-3 of the Code
of Criminal Procedure :
2009
2010
-
309
2011
2012
-
Criminal cases sent for trial:
2009
2010
2011
2009
2010
2011
2009
2010
2011
2009
2010
2011
CAT/C/MDA/Q/3
Art. Pending criminal cases ( on

Criminal cases initiated: Criminal investigation Criminal investigation
CC January 1 of the respective year).
terminated on grounds terminated on other
enumerated in artilcle grounds:
275 pts.1-3 of the Code
of Criminal Procedure :
2009
2010
2011
48
3091
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
25
36
45
328
2012
Criminal cases sent for trial:
61
33
48
368
19
27
26
10
21
180
131
108
69
58
84
15
36
65
36
6
370
92
Total
63
99
87
The statistics on the examination of cases by Courts in 2011 show that trial courts issued 9
sentences in relation 11 defendants on the basis of Art.309/1 of the Criminal Code. All sentences
were imposed on policemen, including three sentences in relation to 4 people, in which two 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 and two 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 acquittal decisions in which 7 policemen have been found not guilty. All these decisions
have been challenged by prosecutors. The appellate decisions in these cases 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 and one officer was sanctioned with a fine.
23 police officers were deprived of the right to work in MIA bodies. One sentence of dismissal of
criminal proceedings was issued in respect of an officer, based on Article 55 of the Criminal Code.
CAT/C/MDA/Q/3
Other two rulings of dismissal of criminal proceedings in respect of two policemen were issued
under art.391 of the Criminal Procedure Code. These rulings are not final. In the reporting period,
10 police officers were found not guilty in 7 criminal cases, and. As a result, 6 of these sentences
in respect of 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 acquitted due to the
fact that the injured party amended their statements in court. As a result, the prosecutor did not
appeal the sentence, but initiated criminal proceedings against the injured party under Article 311
para. (2) a), c) and 312 para. (2) a) , c) of the Criminal Code (False denunciation and False
testimony). The pre-trial investigation in this latter case was finalized and the case, including the
indictment report, was submitted to the trial court.
In 2011, one criminal case was examined against other 4 people (employees of prisons), accused
of committing the offence under paragraph 328. (2) a) of the Criminal Code. All four persons were
found not guilty. The ruling was subsequently challenged by the prosecutor and the resolution of
the case is pending.
Under art.368 of the Criminal Code (Acts of Violence against a Serviceperson), the Military Court
examined 10 criminal cases against 11 defendants (conscripted soldiers and volunteer soldiers
under contract within the National Army and the Carabineer Troops Department of the MIA); four
were convicted to imprisonment with conditional suspension of punishment during a probation
period, other 4 were fined, one soldier was deprived of the right to occupy certain positions.
Criminal proceedings were terminated in respect of two soldiers and one army officer was
acquitted. This decision was challenged by the prosecutor in the court of appeals.
2012
An analysis of the information on the criminal investigations on alleged ill-treatments and of the
judgments in these cases, shows that, in 2012, the prosecutors initiated criminal proceedings in
140 cases of alleged ill-treatments and torture (as compared to 108 in 2011).
Also, it is to be noted that, in order to avoid inefficient investigations, as was found by ECHR in
several cases, prosecutors initiate criminal prosecution in such cases more often than in the past.
This situation is described in the following table:
Year
claims under
examination
2011
2012
958
970
Cases initiated by
Cases initiated by Prosecutor
Total number of
prosecutors in-charge General's Office as result of initiated criminal cases
quashing decisions to refuse
opening of criminal
prosecution
73
35
108
123
17
140
Statistical data for 2012 in the field of criminal investigations is the following:
CAT/C/MDA/Q/3
Article of Criminal
Criminal
Cases
Cases closed
the
cases
cases
submitted to according to
Criminal remained in initiated in court in 2012 art.275 p.1-3 of
Code procedure on
2012
Criminal
01.01.12.
Procedure Code
in 2012
Cases closed on Discontinued Pending cases

other grounds in (frozen) cases on 01.01.2013
2012
in 2012
166/1
309
309/1
31
328
368
370
TOTAL
61
54
10
16
10
54
21
40
8
9
27
15
3
3
92
140
46
59
9
19
According to the available statistical data, during 2012 the courts did not
examine criminal cases against persons charged with offences provided for in art.
309 of the Criminal Code.
In 2012, courts issued 13 judgments concerning 30 persons, charged with
offences under art.3091 of the Criminal Code. 5 convictions were issued against 10
policemen, 9 of whom were sentenced to prison, but with conditioned suspension of
the penalty for a probation period. One police officer was penalized with fine. 8 of
the convicted police officers received a complementary penalty deprivation of the
right to hold positions in the Ministry of Interior. 3 criminal case-files against 5
police officers had been terminated based on art.391 of the Criminal Procedure
Code. Trial courts also delivered 4 acquittals concerning 12 police officers.
Prosecutors challenged these decisions to superior courts. At the same time, as part
of the criminal proceedings against police officers, another 3 persons (civilians)
have been convicted to prison sentences, with conditioned suspension for a
probation period, in line with the provisions of 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.
Based on the provisions of art. 328 para. (2) and (3) of the Criminal Code,
trial courts delivered 10 judgments concerning 15 persons, including 5 convictions
of 6 police officers. In particular, 5 police officers were convicted to prison terms
with suspended sentences, in line with 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 Ministry of Interiors was applied against 5 police officers. Courts
issued 2 judgments of terminating criminal proceedings regarding 4 police officers,
in line with art.391 of the Criminal Procedure Code. 3 police officers were acquitted
in other 2 judgments
One employee of the Department of Penitentiary Institutions was sentenced
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
Penitentiary 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 the illegal judgments.
55
59
2
1
119
CAT/C/MDA/Q/3
The Military Court delivered 12 judgments concerning 15 soldiers on charges

under art. 368 of the Criminal Code. In 10 of these judgments, 13 soldiers were
convicted. One of these soldiers, received a prison sentence and other 11 soldiers,
were convicted to prison, with suspended sentences in line with art. 90 of the
Criminal Code. 1 soldier had been fined. Concerning 2 convicted soldiers, the
complementary penalty was applied deprivation of the right to hold positions
similar to those occupied when the offences had been committed. 2 criminal cases
against 2 soldiers were terminated.
The Military Court examined 2 criminal cases against 2 soldiers, on charges
under 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 the first 6 months of the 2013 year on criminal investigations:
Article of the Criminal cases Criminal
Cases
Criminal
Criminal
Suspended Pending cases
Criminal
remained in
cases
submitted to cases closed cases closed criminal cases on 01.07.2013
Code
procedure on initiated court during I according to
on other during I half of
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
55
15
22
60
45
11
36
Art.368
Art.370
TOTAL
119
70
23
60
Art.166/1
para (3), (4)
5
37
52
3091
Art.166/1
para (1), (2)
1
Art.328 para.
(2), (3).CP
10
94
CAT/C/MDA/Q/3
Statistical data, resulting from the analysis of cases examined in courts,

indicates at the following:
During the 1st half of 2013, the courts delivered 2 judgments on charges
under art.166/1 of the Criminal Code against 4 police officers. 3 them were
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 Interior was applied for all 4 convicted police officers.
On 28.06.2013, there were 3 criminal cases pending before trial courts on
charges under art.166/1 of the Criminal Code.
As to charges under art.3091 of the Criminal Code, trial courts delivered 7
judgments on such charges concerning 20 indictees. 6 of these judgments were
issued in relation to 10 police officers. 2 of these decisions were convictions of 2
police officers, including one convicted to prison (the judgment was quashed by the
Balti Court of Appeal after it was appealed by the 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 penalized by fine.
The complementary penalty deprivation of the right to hold positions in the
Ministry of Interior had been applied against 1 convicted police officer. 2 criminal
cases (involving 5 police officers) were terminated in line with art.391 of the
Criminal Procedure Code. Trial courts delivered 2 acquittal judgments regarding 3
police officers. Prosecutors challenged these acquittals in superior courts. One
acquittal judgment was delivered concerning 10 officers of the Pantera Special
Unit, DPI of MJ. Prosecutors challenged this decision.
On 28.06.2013, there were 15 criminal cases pending before first instance
courts on charges against 26 persons, under the art. 3091 of the Criminal Code.
Trial courts delivered 7 judgments concerning 14 persons (all police
officers) regarding charges under the art. 328 para. (2) and (3) of the Criminal
Code, including 6 convictions concerning 7 police officers. In particular, 1 police
officer was convicted to prison (the case is pending before the Balti Court of Appeal
after being challenged by the defendant), 2 police officers were convicted to prison,
with suspended sentence, in line with 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. One court decision to terminate criminal proceedings against 5 police
officers, was delivered under the provisions of art.391 of the Criminal Procedure
Code. Acquittal judgments were delivered in the cases of 2 police officers.
Prosecutors challenged the legality of these judgments.
As of 28.06.2013, there were 21 criminal cases pending before first
instance courts on charges against 36 persons, under art. 328 para. (2) and (3) of the
Criminal Code.
The Military Court delivered 8 judgments concerning 9 soldiers on charges
under art. 368 of the Criminal Code. 8 soldiers were convicted to prison, with
suspension of sentence for a probation period, in line with art. 90 of the Criminal
Code and 1 was fined. In the case of 3 convicted soldiers, the complementary
penalty deprivation of the right to hold positions similar to those occupied when
the offences were committed was applied.
On 28.06.2013, there was 1 criminal case pending before the trial court on
charges against a soldier, according to art. 368 of the Criminal Code.
CAT/C/MDA/Q/3
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.
2.
With regards to the recording and investigation of all complaints of torture,

inhuman or degrading penalties or treatments, during year 2013, the secretariat of
the DPI registered the following requests:
No. request /
Person,
Pen. no.
Responsible
Notes
complaint,
d. m. y. of birth,
Art.
party (executor)
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 CC RM
the criminal case no.
2013018002
S-2019/13
ofSarev Ivan,
P. 9
ISD
29.08.2013
12.05.1988,
Art. 145 para. 2
that his complaints are
Moldovan
being examined by the
Prosecutor
General's
Office
3.
S-2023/13
30.08.2013
4.
5.
M-2219
M-2220
ofSarev Ivan,
12.05.1988,
Moldovan
P. 9
Art. 145 para. 2
ISD

that his complaints are
being examined by the
Prosecutor
General's
Office
Mrginean Alexei
P. 3
DSRS
Under examination
Mrginean Alexei
P. 3
DSRS
Under examination
In accordance with provisions of the Law on petitions no. 190/1994, all
requests/applications, complaints and petitions addressed to the Department of
Penitentiary Institutions are being registered in the Card of record and control, the
Registry for recording petitions, the Secretariat database. Every executor, when
taking a petition for processing, signs the verso of the Card of record and control.
All petitions are examined within time limits established by the law, the persons
being informed, in written form, about the measures taken. If necessary, the
executors go to the detention site to find and decide over issues concerning the
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. On the instructions of the interim
Director, surprise inspections are carried out in the penitentiary institutions to verify
compliance with the legal framework regulating petitioning.
Regarding the mechanism of submitting complaints by children in detention in 2011, the MJ in partnership with UNICEF Moldova carried out a a Study on the
assessment and development of the mechanism for submitting complaints by
children in detention within the project Support to the Ministry of Justice in
reforming justice for children. The study sets out recommendations for DPI
proposing: changes to the Enforcement Code, Criminal Procedure Code and the Law
on petitions, in order to regulate explicitly the capacity of the child to exercise
CAT/C/MDA/Q/3
personally the right to petition; new rules in the Enforcement Code to establish a
detailed procedure on lodging written complaints by minors in detention and the
procedure for their examination; amendments to the Enforcement Code and the
Regulation on execution of penalties by convicts that would simplify procedures for
submitting verbal 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 the Republic of Moldova, 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 the results of the tender, an expert
will be selected to conduct the mentioned study.
During 2012, the DPI secretariat received 15 petitions from 10 inmates that
claimed their ill-treatment by the prison staff. Five of the complaints were sent for
examination to the Internal Security Division. In each case separately, ISD
employees have heard petitioners and accumulated evidence on the issues raised in
petitions, which has been further submitted, according to the jurisdiction, to the
prosecutor for a decision under Art. 274 CPC of Moldova.
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 Prosecutor General's Office opened two criminal cases on
the basis of two complaints received from Penitentiary Institution no.13-Chiinu
concerning violence against women. In one case was a conviction judgment was
issued on 7 December 2012. The case concerns a staff member of the Penitentiary
Institution no. 13-Chisinau, who was demoted and transferred to Penitentiary
Institution no. 5-Cahul, and finally, convicted by the trial court for abuse of authority
with violent behavior (Article 328 of the Criminal Code of Moldova) to one year of
imprisonment and prohibition to exercise the profession for a period of three years.
Measures have also been taken to ensure that a confidential complaints
mechanism is accessible to all persons. A trust line number (63-69-68) was installed
at the Guard/Security section of DPI, by which citizens can submit any complaints,
demands, claims, including any signal of torture, inhuman or degrading punishment
or treatment. In order to duly record the information disclosed through trust calls, a
special register has been opened in the Guard section (registered under no. 13571).
The management of DPI is permanently informed about the contents of all incoming
calls and measures are taken in each case separately.
Information 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 the Criminal Code and with the index 44 from the classification no.15
(crimes motivated by social, national, racial or religious hate), during 20092013 (updated on 10.10.2013).
Year
2009
2010
2011
2012
Registered
offences
7
8
5
12
CAT/C/MDA/Q/3
2013
13
Information about criminal cases, opened on grounds provided by art. 309 1

Torture (rescinded) and 1661 Torture, inhuman or degrading treatment of
the Criminal Code, during 2009-2013 (on 10.10.2013).
Year
2009
2010
2011
2012
2013
Registered
offences
23
43
21
56
89
Information about criminal cases, opened on grounds of art. 328 Excess

of power or excess of functional responsibilities of the 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
26
27
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.
CAT/C/MDA/Q/3
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.
Based to the order of the Minister of justice no. 365 of 30.07.2012, a new
regulation on the activity of the Special Task Unit was approved. Thus, the
provisions regulating the activity of this unit were put in line with the requirements
and recommendations of the international bodies specialised in preventing torture
and ill-treatment, namely those regarding psychological testings of applicants;,
implementation of efficient forms and methods of use of force and special means in
exceptional circumstances and the use of the probation period during which the
employee has to prove high improvement of professional skills. With regards to the
need for the Special Task Unit staff to wear identification, measures were taken to
provide conventional numbering on helmets and special equipment in easily
readable places, including on the attire of the staff of the Special Task Unit, on
which conventional inscriptions and coded elements for identification are placed.
It is to be noted in this section that prosecution was completed in the case
no.2011048149, conducted by the Balti Military Prosecutors Office, on alleged
illegal actions of the Special Task Unit 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 Special
Unit Pantera, who on 12.04.2011 assisted at searches at Prison no. 11 - Balti and
applied excessive physical force to several prisoners, causing 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, the
judicial investigation is ongoing, given that the court is to hear a large number of
witnesses, injured parties and defendants.
As a result of the investigations carried out in this case, on 02.07.2012, the
Prosecutor General informed the General Director of the Department of Penitentiary
Institutions about the need to review the institutional regulatory framework in order
to adjust its provisions to the special standards mentioned by representatives of the
international bodies.
The DPI management was informed that, by wearing identical black uniforms,
balaclavas and helmets, the employees of the Special Unit Pantera make it hard for
those who claim they were subjected to undue force, to recognize or identify their
28
29
Ibid., paras.60-61.
Ibid.
CAT/C/MDA/Q/3
perpetrators. It was therefore noted that distinctive signs should be designed to make
sure that officers are properly individualized.
On 30.07.2012, by Order no.365, the Ministry of Justice adopted a new
Regulation on the organisation and functioning of the Pantera Special Task Unit,
which expressly requires that the units uniforms have signs that will enable their
identification.
The claims of the detainees from Penitentiary Institution no. 17-Rezina,
according to which, on 17.11.2011, they have been ill-treated by the penitentiary
institution staff, were examined in the criminal case no.2011288031 by the Chisinau
Military Prosecution Office.
During the criminal investigation, it was established that on 17.11.2011 a
number of detainees of the Penitentiary Institution no. 17-Rezina initiated a riot
against the administration of the institution, allegedly to express their discontent
with the schedule for walks and the installation of bars on detention cells doors and
windows.
The staff of the penitentiary intervened with force to imobilize the rioters,
including by using special equipment.
On 24.07.2012, an ordinance on terminating the criminal prosecution was
issued in the case, on the ground that physical force used against the inmates did not
violate 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
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).
The Ministry of Interiors drafted an information note on the mechanism by
which citizens whose rights were infringed, can submit their respective petitions.
In order to increase the citizens trust and respect for the activity of criminal
investigation bodies, MIA issued the Order no. 11/991 of 15 March 2011 on the
organization of meetings with citizens by the heads of regional and specialized
criminal investigation divisions.
The above-mentioned information note is to be posted on the web page of
MIA, so that every citizen is informed about the remedies available in case his or her
rights are violated.
The complainant Semion Jereghi alleged that during his detention in the
Penitentiary Institution no. 5-Cahul, he was ill-treated by the staff of the institution.
In order to verify the applicant's complaints, the Cahul Military Prosecutors Office
opened a criminal investigation in accordance with the law and, on 09.10.2013, the
concerned staff of the penitentiary institution, was charged with the crime provided
for in 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.
CAT/C/MDA/Q/3
Given the complexity of the case and the efforts to ensure objectivity and
multilateral investigations, the prosecution has been time-consuming.
Once all the necessary investigations are carried out, the criminal case will be
submitted to court for trial.
The Prosecutor General's Office oversees the evolution of criminal
proceedings in this 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
the Republic of Moldova.
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 the complaints of Plate V.
concerning ill-treatment by police were investigated, the 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 6 years of 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 a prison of semi-closed regime. The police
officer V.Harea was convicted under art.3091 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, the sentence being conditionally suspended for
a probation period of 1 year.
- on 30.04.2008, the Chiinu Court of Appeal upheld the judgment of 01.11.2007 in
toto;
- on 03.09.2008, the Supreme Court of Justice also decided to fully uphold the
judgment of 01.11.2007.
At the moment, the two police officers convicted in this case, are wanted and
a court decision is issued to that purpose, as they did not obey the court decision.
31.
In light of the Committees previous recommendations (para.15) and the
State partys follow-up response (paras.18-32), please update the Committee
CAT/C/MDA/Q/3
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.
108 such complaints were registered and examined. In 31 cases,
prosecutors apprised and acted ex officio through opening investigations.
The investigations conducted in line with art.274 of the Criminal Procedure
Code (including the repeated verification of the decisions to refuse to initiate
criminal proceedings issued by the Anti-Torture Department of the Prosecutor
General's Office), 71 criminal cases were opened, as following:
- 42 cases under art.3091 of the Criminal Code;
- 19 cases - under art.328 para.(2) a) of the Criminal Code;
- 10 cases under other categories of crimes.
As a result of the complex analysis of the collected evidence, only in 10
cases it had been decided to terminate the criminal prosecution.
In other 30 cases, prosecutors decided to suspend criminal investigations in
line with p.2) para.(1) art.287/1 of the Criminal Procedure Code, because the
persons to be charged were not identified.
As part of the criminal investigations on these cases, an enormous amount
of investigative work has been done, but, because the wrongdoers wore balaclavas or
because victims were tortured while they were facing the wall or had their head
pushed down, it was not possible to identify the perpetrators.
Thus, given these criminal actions and the fact that violence was applied in
buildings of police stations by persons that could not be identified, it was decided to
initiate 4 criminal cases based of art.329 para.(1) of the Criminal Code, to prosecute
negligence on duty committed by decision makers in Chisinau police inspectorates.
Three criminal cases were sent for examination in court.
Based on the request of prosecutors carrying out criminal investigations, 14
police officers were suspended temporarily from their positions. At present, this
CAT/C/MDA/Q/3
procedural measure of constraint is still in force in the case of 9 indictees, because 5

others challenged this limitation and the court admitted their complaints.
In 28 criminal cases against 45 police officers, criminal prosecution was
carried out and the indictment reports were submitted to courts for trial.
Currently, the prosecutors continue the ongoing criminal investigation in 3
cases, regarding art.3091 of the Criminal Code and in other 2 criminal cases under
art. 285 of the Criminal Code.
Trial 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 against 14 police officers.
One judgment of termination of proceedings was issued against one police
officer.
Judgments of acquittal were issued in 14 cases regarding 21 police officers.
Appeal courts delivered the 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 terminating criminal proceedings was issued in one case
concerning one police officer, because the period of limitation for criminal liability
has expired in that case, in line with art.60 of the Criminal Code.
-
Decisions to uphold first instance courts judgments:

in 2 cases concerning 6 persons, conviction sentences were upheld;
in 2 cases concerning 3 persons judgments of acquittal were maintained.
Final judgments:
of acquittal in 5 cases concerning 8 persons;
of closure in 2 cases concerning 2 persons;
of conviction, one criminal case against one indictee.
On 01.07.2013, the trial courts held for examination 6 ongoing 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 funds 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
30
A/HRC/19/61/Add.3, p.314.
CAT/C/MDA/Q/3
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
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
31
32
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.
A/HRC/10/44/Add.3, para.76; CAT/C/MDA/Q/2/Add.1, para.296; CAT/C/MDA/2, paras.266267.
CAT/C/MDA/Q/3
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.
After having conducted an analysis on the subject of guaranteeing the contact
between the suspect and his attorney, MIA found that criminal investigation officers
comply with the provisions of the Criminal Procedure Code with regards to the
rights of the parties and other participants to criminal proceedings. The rights are
respected when compiling arrest reports within the time-limits established by law
and guaranteeing the contact of the suspect and a lawyer before signing the arrest
report
Moreover, art. 69 of the Criminal Procedure Code stipulates expressly the
cases where the participation of an attorney in criminal proceedings is compulsory:
1) it is requested by the suspect, accused, defendant;
2) the suspect, accused, defendant has difficulties in defending him/herself, being
dumb, deaf or having any other essential impairment 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 in which the criminal proceeding is carried out;
4) the suspect, accused, defendant is a 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;
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;
Arrested persons are immediately provided with an ex officio defense lawyer
or, at their request/choice, are allowed to meet their own lawyer. Also, they receive
the copy of the report containing information and explanation of all the rights and
obligations of the suspect under the criminal procedure legislation.
CAT/C/MDA/Q/3
At the same time, in order to promote and guarantee respect the rights of
suspects, and prevent illegal apprehensions/arrests, as part of regular courses for
professional education and training, (future) criminal investigation officers have
been taught the provisions of Title V of the Criminal Procedure Code Procedural
coercive measures, as well as the ECHR case-law against Moldova concerning
violations committed by police in general, and by criminal investigators, in
particular.
In order to ensure the implementation of the European Convention for the
Protection of Human Rights and Fundamental Freedoms and the recommendations
of the United Nations Committee against Torture, MIA issued an instruction no.
11/3966 of 26 October 2011 on the procedure of explaining rights of apprehended
persons or of those subjected to other forms of deprivation of liberty by officers of
internal affairs bodies.
According to this instruction, officers of MIA, while apprehending or
otherwise detaining a person, is required to (compulsorily) explain him or her,
orally, the essence of the criminal suspicion, the grounds and motivation of
apprehension/detention and, at the minimum, the following rights:
a) to remain silent, as all they would say may be used against them;
b) to be assisted by a lawyer of their choice or a lawyer that delivers state guaranteed
legal assistance;
c) to receive always all information about their rights and obligations.
After that, the person is to be asked explicitly whether the explained rights
are clear.
Due to the measures taken by MIA, including through permanent training of
investigation officers in the spirit of respect for national and international law,
through a strict established monitoring of daily activities, as well as through proper
measures to prevent other negative aspects, performance indicators show an
essentially better situation and a lower number of cases where the rights and
freedoms of the parties are infringed upon, etc.
Case of Adrian and Constantin Repecu
On 26 November 2010 a criminal investigation was launched in the 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.
As part of the 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 the statements of Adrian Repecu, Constantin Repeco and
tefan Adam, during detention, as well as during the criminal investigation, the
police had ill-treated them, in order to extract a confession in committing the
murder.
On 30 November 2011, the mentioned criminal case was dismissed on the
ground that the actions in the case do not meet the constitutive elements of the
offense as described in art.3091 par. (3) c) of the Criminal Code.
The prosecutors explanation, referred inter alia to the fact that the gathered
evidence did not provide sufficient proof to confirm the fact of ill-treatment of
CAT/C/MDA/Q/3
Adrian Repecu, Constantin Repeco and tefan Adam or that any other criminal
actions were committed against them.
The prosecutors decision of terminating the criminal investigation was
confirmed by the investigating judge, as part of the judicial control exercised in line
with art. 313 of the Criminal Procedure Code.
Thus, by decision of the investigating judge from Rcani Court (Chisinau)
of 12 March 2012, the appeal against the ordinance on dismissing the case was
rejected and it was considered legal.
Respectively, at the national level, all legal remedies have been exhausted in
challenging the ordinance on the termination of criminal investigations.
The case of Ivan Caracet, Ivan Orlioglo, Dmitrii Covic, Vitalii Orlioglo.
In this case, it was established that applicants, on 13.03.2009, were
apprehended by police officers in a flat in Chiinu, being suspected of a serious
offence (armed robbery), that had been committed that same day in Comrat.
According to the reports of police officers, they found and seized in the
house where the applicants had been apprehended several objects stolen from the
crime scene.
To perform the arrest, the police resorted to physical force in order to
immobilize the suspects and defeat their resistance.
According to statements of police officers, the need of using force was
justified by the circumstances of the case, because, according to the information
available, the suspects were armed and posed serious danger.
Given the fact that the flat in which the suspects were found was located in
a apartment block, that is in the immediate closeness of other apartments, and that
apprehension time - 20.30 - is usually the time of the day when most of the residents
are at home, the police officers were under the obligation to ensure public order and
the safety of the neighbors. It is clear that the immobilization of suspects was
necessary, including because of the fact that there was limited time available to plan
the arrest and the details of the apartment layout or eventual escape ways were not
known to the authorities.
Applicant I.Caracet complained to authorities about ill-treatment by police
on 16.03.2009 (3 days after the arrest) noting that he was purposely beaten by police
after being immobilized face to the floor, and then during the same day, in the
premises of the General Directorate of Operative Services (division of the Ministry
of Internal Affairs), after which he was transferred to the provisional detention
facility of the Comrat police Inspectorate.
Also on 16.03.2009, based on the applicant's complaint about ill-treatment,
the Comrat municipal Prosecutors Office started an investigation on the case. On
18.03.2009 of the applicant was examined by a forensic doctor. The injuries found
on applicants body were duly recorded. This proves that the prosecution has reacted
promptly to the statements of the complainant and took the necessary measures to
collect the evidence of the incident in due time.
The investigation of the case was further taken over by the Buiucani
District Prosecutors Office (of the Chisinau Municipality) on 29.04.2009, in line
with the of territorial jurisdiction.
On 14.07.2009, a decision not to initiate criminal proceedings on the case
was issued. This decision was upheld by the investigating judge, in a decision dating
10.09.2009.
On 02.04.2009, the lawyer of applicant I.Caracet lodged a complaint with
the Prosecutor General's Office, claiming abusive actions of police officers against
the applicant, after he was transferred from the provisional detention facility of the
CAT/C/MDA/Q/3
Comrat police Inspectorate to the remand center of the General Directorate of

Operative Services in Chisinau.
Prosecutor General's Office conducted a separate inquiry into these illtreatment allegations (verification material no.1-9A/2009).
In order to ensure a complete investigation, the Prosecutors office ordered
a forensic medical examination of I.Caracet, which was performed at the Chisinau
Centre of Forensic Medicine.
According to findings of the examination, no injuries were found on the
applicants body, which contradicted his allegations of systematic ill-treatment by
police officers, including punches, kicks and beatings with hard objects on different
parts of the body.
On 30.07.2009, the Prosecutor General's Office issued an ordinance not to
open criminal prosecution in this case, a decision later upheld by the investigating
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.
Minors are detained in the following penitentiary institutions where:
Penitentiary n2-Lipcani; Penitentiary n5-Cahul; Penitentiary n7-Rusca;
Penitentiary n10-Goian; Penitentiary n11-Balti; Penitentiary n13-Chisinau;
Penitentiary n17-Rezina.
In line with the recommendations of the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the
Strategy on combating violence, the Department of educational, psychological and
social assistance and the staff of its subordinated services are continuously carrying
out educational and vocational activities aimed at preventing violence and juvenile
delinquency among children and young adult inmates of the penitentiaries. Thus,
starting January 2011, the Department has implemented a series of educational
activities adapted for the target groups, focused on issues like discipline, violence
reduction, combating juvenile delinquency, personal development, problem solving,
as well as the development of skills, abilities and interests, etc.
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
Based on an individually tailored approach, in the light of individual

particularities, interests, hobbies, skills, needs, specific problems of detainees, the
following educational components were identified:
Component I: Trainings: vocational training, general/secondary education,
health education, adapting to the conditions of detention, literacy, foreign languages,
musical education, etc.
Component II: Social education: cultural activities (poetry, acting, music,
choreography, etc.), social skills (communication skills, life skills, etc.), art therapy,
sports, job seeking and employment, spiritual education, self-education (library);
Component III: Behavior improvement: reducing the level of violence, drug
rehabilitation, social rehabilitation of detainees sentenced for theft or robbery, health
education and vocational guidance.
These activities aim to reduce violence and crime, guide detainees towards
acknowledging their problems, developing problem-solving strategies, socially
useful skills and interpersonal communication skills.
In order to ensure the right to education and the continuity of the educational
process under Component I (concerning general education), a joint Order was
adopted by 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) providing
for the creation starting 1 September 2012 of school classes for juvenile inmates of
detention facilities, which are affiliated to schools, gymnasiums and lyceums located
in the neighborhood of penitentiaries, as follows:
Mihai Eminescu Theoretical Lyceum in Cahul - Penitentiary n5, Cahul ;
Lapusna Theoretical Lyceum - Penitentiary 7, Rusca ;
Nicolae Blcescu Theoretical Lyceum - Penitentiary n10, Goian;
Secondary School n 9 in Balti Penitentiary n11, Balti;
School. n 41, in Chisinau Penitentiary n 13, Chisinau;
Saharna Gymnasium in Rezina - Penitentiary n17, Rezina.
According to the educational standards, the general school courses
(Romanian, civil education, mathematics, physics, history, geography and Romanian
literature) that are taught in classes for juvenile inmates affiliated to educational
institutions, correspond to the standards necessary to fulfill the requirements of
general education. This approach was also supported by the Ministry of Education.
First, the minors are tested by teachers, to assess the level of their intellectual and
educational capacities and needs and identify the corresponding school grade to be
pursued. Illiterate minor detainees are provided with conditions to study the numbers
and letters, developing primary writing, reading and counting skills.
To ensure vocational and technical training, the Goian Penitentiary no. 10
provided cooking classes for 25 minors, for the academic year 2013-2014.
Under Component II - Social education the penitentiary institutions
responsible for juvenile detainees have identified groups of inmates having common
interests and hobbies and organized extracurricular activities for their free time, for
developing creative and artistic skills and in order to promote cultural values.
Each penitentiary institution organized an average of three different activities
adjusted to the needs and interests of small groups of prisoners. The most successful
and inventive activities currently implemented in the penitentiaries for juvenile
inmates are photography, writing for the local press, choreography and Moldovan
folk dances.
During the fourth quarter of 2012 and first quarter of 2013, DPI has
developed the work methodology for individualized approach in working with
minors, namely the case management method. The methodology is currently piloted
in the Penitentiary n10 in Goian (till the end of 2013). Subsequently, it will be
approved and implemented in all penitentiaries with juveniles in detention.
CAT/C/MDA/Q/3
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 a
Curriculum was developed for staff working with minor inmates. Being designed to
ensure the respect for the rights of minor inmates, the Curriculum will contribute to
the formation of new specific competences of the prison staff in interacting with
juvenile inmates and achieving their professional role and mission, so as to achieve
clearer understanding of the specific requirements for treatment of children in
detention.
Since the the Penitentiary n10 - Goian resumed its activity, the staff of the
institution participated in various trainings focused on working with minors.
Starting 2012, the initial and advanced training programs included a new
discipline Protecting 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 ;
Training for the penitentiaries staff (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, participation in
psychosocial programs in preparation for the release, drug rehabilitation, reducing
the level of violence, social rehabilitation of prisoners convicted for theft or robbery,
health education and vocational guidance - adjusted to juveniles.
An important part of the education process is the collaboration with the civil
society (non-governmental organizations and religious institutions), whose activity
has been planned jointly with government institutions in order to avoid overlaps
with the core program, taking into account the needs and requests. Such civil society
partners include: the Orthodox Christian Church, Charity Association New Life,
the Seventh-day Adventist Church, the Christian Church Word of Faith, the Union
of Christian evangelical churches of Moldova, the Pentecostal Church of
Philadelphia, the Christian police Association, Christian Charity Mission Salvation
Army, Football Veterans association of Moldova, the Liberation Association,
etc. .
Developments were also noted in the amendment of the legal framework
regulating the procedure of disciplinary punishment and measures to stimulate
positive behavior in minor detainees. Thus, the MJ in partnership with UNICEF
Moldova carried out a Study on the disciplinary sanctions applicable to the children
in detention, emphasizing the need to exclude child incarceration within the project
Support to the Ministry of Justice in reforming justice for children. The study
contains an analysis of the legal issues on this topic as a psychological perspective
on the application of penalties against child detainees. The study also formulates
conclusions and recommendations on the application of disciplinary sanctions to this
category of beneficiaries.
Recommendations related to the punishment with incarceration, applicable
for children in detention include the following:
First of all, in order to decrease the quantity and intensity of negative
behavior in child inmates, given the ineffectiveness of the philosophy of
punishment and the importance of interventions based on a philosophy of
treatment (with activities such as counseling and skills formation) as well as the
peculiarity of childrens psychology and the impact of incarceration on their
personality, the study recommends the exclusion of incarceration as a disciplinary
punishment for detained children. It is recommended that disciplinary sanction of a
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different, educational character is applied instead. The exclusion of incarceration

from practice should be conducted simultaneously with the introduction of the
educational approach and psychotherapeutic individualized methods, focused
primarily on working with the most problematic cases.
The report also suggests the application of alternative penalties (work on the
territory of the penitentiary, discussions about the wrongful behavior, the possibility
to repair the damage through compensation or repair works, etc. )
An alternative recommendation, of secondary importance, is to apply the
punishment with incarceration only as an exceptional and extreme measure, on the
hypothesis that educational and psychotherapeutic measures necessary for
-socialization and reintegration of children in detention are not available and only in
order to avoid the danger posed by the aggressive behavior and its consequences on
the childs own safety and for the security of others (co-prisoners, penitentiary staff,
etc.).
Incarceration should be applied for a maximum period of 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 the DPI Order n 52 of 02.05.2012, a set of proposals were
submitted 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 the protection of

family and child rights, of the Ministry of Labor, Social Protection and Family the
following can be mentioned:
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. The methods chosen by parents to educate their
child must exclude abusive behavior, insults and ill-treatment 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 the 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, revises the competencies of guardianship authorities, empowers mayors and
regional social assistance structures with competencies of guardianship authorities;
regulates the registration of notifications about children in risk situations and the
authorities duty to act ex officio, regulates the time-frames and the responsibilities
of individual specialists and authorities in assessing the situation of children, solving
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issues of the childrens legal status and placement issues 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 entered 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 in the child protection sector which aims to
develop and adopt a Strategy and a 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 at developing and improving the efficiency of the system of
protection of the families with children in risk situations and of the children in
difficult situations.
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, based on the best international practices in the field.
Moreover, the strategy ensures synergies 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. Among the activity directions to
achieve the specific objectives of preventing and combating abuse, negligence and
exploitation of children, are the following:
Design and implement a national program for the development of nonviolent parental skills and parental support;
Ensure the protection of children from information that may negatively
affect their mental and moral integrity;
Develop services of psychological and emotional assistance for children atrisk;
Ensure effective implementation of the legal framework for combating
domestic violence;
ensure the protection of personal data and prevent re-victimization of child
victims of abuse, negligence and exploitation.
The draft strategy was developed in line with the related international treaties
and policies aimed to protect human rights and child rights in particular, including
the Council of Europe Strategy for the Rights of the Child 2012-2015.
Currently, the draft strategy is being consulted with the civil society. At the
same time, in 2013, the National Action Plan 2013-2016 for the implementation of
the strategy has been developed.
IV. MLSPF developed the Intersectoral mechanism of cooperation for
assisting and monitoring child victims and potential victims of violence, negligence,
exploitation and trafficking, which includes instructions/guidelines for the
professionals responsible for child protection (social workers, teachers, nurses,
police officers).
This mechanism is regulating procedures like:
- Identification, registration and initial assessment;
- Providing urgent protection measures in case of imminent danger for the
childs life or health;
- Submitting requests to perform specialized examinations;
- Comprehensive evaluation and provision of necessary assistance;
- Documentation of cases and record-keeping;
- Institutional arrangements for the prevention of risks and care of children.
Currently, the draft guidelines are being finalized.
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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 combating violence against children.
The document is based on a strategic mid-term approach, and provides the main
directions for actions supporting children's rights, security and protection of children
from abuse.
During 2011, the police was notified about 77 cases of domestic violence
against children and 129 cases of school violence against students and. In 2012,
there were 125 cases of domestic violence against children and 175 cases of
violence in schools against students.
In order to raise the awareness of children and prevent their victimization, as
well as to promote partnerships with the 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 NG,O during the summer of 2012, carried out, a
campaign in youth camps and child health to promote healthy lifestyles, prevent and
combat social vices and violence among children. The informational and educational
activities of the campaign reached 19 summer camps and were attended by 2838
children.
In order to prevent violence against children, the Ministry of Interior drafted
the instruction no. 6/675 of 19 March 2013 on preventing and combating violence
against children.
During 2012, police officers conducte 11 988 inforation sessions in schools
(11431 in 2011), through which children were familiarised with the situation
regarding crime among and against minors, the relevant criminal and administrative
provisions, as well as risks of victimization children are exposed to. Policemen
talked with children about ways to avoid these risks.
To raise the public awareness of the problems of children in need as well as
familiarize them with the situation of juvenile delinquency, police officers
contributed to 486 media materials, including 133 TV programmes, 119 radio
reports and 234 printed publications in the press.
Children were familiarized with rules of behavior in the society, the risks they
are exposed to during summer holidays and were advised on how to avoid them
During the first seven months of 2013, the Ministry of Interior, together with
the representatives of the International Center for Protection and Promotion of
Womens Rights 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 in the first seven months of 2013, familiarizing children
with the situation regarding the juvenile delinquency, the relevant criminal and
administrative legislation, the risks of victimization they are exposed to and ways to
avoid them.
In 2013, in order to raise public awareness on the issue of children in
situation of risk and the situation on juvenile delinquency, the police officers
contributed to 105 materials for media outlets, including 29 television shows, 18
radio broadcasts and 58 printed editions.
As part of the activities planned to celebrate the International Children's Day,
the Ministry of Interior, has organized a cultural event on 31.05.2013 in the Central
Sports Club Dinamo, with the participation of 600 children of the subordinated
subdivisions employees.
CAT/C/MDA/Q/3
During the covered period, 102 cultural activities were conducted in 45

administrative units of Moldova titled Dad, Mom and Me, Street Art,
exhibitions of photography of children, conflict games, flash mobs etc. All in all, 27
106 children of the police inspectorate staff attended the events.
In order to raise public awareness of the International Day of Children
Victims of abuses - 4 June the Ministry of Internal Affairs, during 03 - 06/04/2013,
organized within the territorial police inspectorates Open Doors Days, welcoming
children and their parents .
The aim of this activity was to change the stereotyped perception of police by
the young generation, as a repressive body, and increase social confidence in the
police as a specialized public institution, which has the mission of defending
fundamental human rights and freedoms by maintaining, ensuring and restoring
public order and safety, as well as preventing, investigating and discovering crimes.
52 visits were paid to 42 police stations, involving 1965 children and parents,
who could assist and learn about the recording of incoming calls from citizens, about
the police response in different situation, as well as the equipment and the supplies
used by officers.
Children had the opportunity to learn and express their own opinion about the
police competencies in the field of child rights protection and prevention of abuse,
and hear advice on how to avoid different risks.
Since February 22, 2013, the Ministry of Education has started implementing
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, the following results
can be noted:
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 trainings 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 schools, vocational
schools, colleges, extracurricular institutions were informed about the provisions of
the Procedure.
The provisions of the Procedure were extended to summer camps for

children and teenagers. In this respect, camp teachers were trained and prevention
activities with children were organized in some of the summer camps.
Consultations were held with the representatives of psychology,

pedagogy and social assistance departments of pedagogical colleges in order to
discuss the introduction of courses on the prevention of violence against children
and assistance of children victims of abuse, as part of the initial and advanced
training curricula for professionals with responsibilities in child protection.
Universities are also to be consulted on this subject.
An order issued on 23 August 2013 approved the Methodology of the

application of the Procedure of institutional organization and intervention of the
employees of educational institutions in cases of abuse, negligence, exploitation or
child traffic. The methodology was drafted at the requirement of the managers and
staff of educational institutions and includes concrete tools, developed in
consultation with national-level coordinators. The purpose of the methodology is to
facilitate the understanding and effective application of the procedure. It contains
provisions relating to the work with children victims or potential victims of abuse, or
those who resort to violence.
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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 the
phase I of the training of 116 local trainers who will assist educational departments
in developing / and improving teachers capacity to organize prevention activities
with students and parents / carers, based on a film and interactive activities.
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 trainings will be
conducted in all districts.
Teaching of non-discrimination and tolerance is carried out as part of

the Civic Education course and other optional courses and master classes, as well as
indirectly, by contextualizing the material taught in other courses.
Since 2010, the modernized curriculum for the general secondary

education focuses on building cross-cutting, transdisciplinary capacities for the
appreciation of diversity and tolerance, overcoming stereotypes and prejudices.
A further objective is 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 and processed
periodically. There is a further possibility that a software could be developed to
facilitate data collection and thus improve the system of reporting on violence cases.
At the same time, the Government Decision of 16.09.2013 nr.732, provides
for the creation of a National Center for psychlogical and pedagogical support and
recommend the creation of a Psycho-pedagogical Service at district level to ensure
the right to high quality education for all children. According to the Regulation, all
children can benefit of the Service, regardless of their familys wealth, area of
residence, ethnicity, language, gender, age, health, learning characteristics, criminal
record, or association with another group, who, for various reason,s 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 reports that, 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 worst forms of child labour), Moldova
makes continuous efforts to ensure compliance on its territory with the standards
set out in these documents. Currently, there are a series of laws in force in Moldova
that contain provisions relating to child labor, including provisions designed to
eliminate its worst forms. The key rules which establish the limits for using work of
persons under 18 are set in the Constitution, the 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 the Constitution explicitly prohibits the exploitation of
minors and their involvement in activities, which might be injurious to their health,
moral conduct, or endanger their life or proper development
Law no. 338-XIII din 15.12.94 on child rights (art. 6) stipulates the states
obligation to protect the personal inviolability of the child against any form of
exploitation, discrimination, physical and mental violence. The state is obliged to
prevent cruel, brutal, disparaging behaviour, insults and ill-treatment of the child, his
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or her involvement in criminal activity, alcohol consumption, illegal use of drugs

and psychotropic agents, practicing of gambling, panhandling, inciting to or forcing
into any illegal sexual activity, exploitation in prostitution or other illegal sexual
activity, in pornography and materials with pornographic character, including by
parents, legal representatives or relatives.
Different forms of child labor are regulated in the Labour Code no. 154 of
28.03.2003. Article 255 of the Code prohibits the use of the labor of persons under
the age of eighteen in heavy works 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 the ground of these provisions the
Government has adopted through its Decision no. 562 of 7 September 1993, the
List of industries, professions and works in hard and harmful conditions, prohibited
to persons under the age of 18. The List includes activities in 32 branches of the
national economy, as well as a range of professions common to all branches.
The Labor Code no. 154 of 28.03.2003 also prevents persons under 18 years
from working night shifts (art. 103), overtime (art. 105), as wel as being deployed on
official trips except for employees of audio-visual institutions, theatres, circuses,
cinemas, 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 the obligation to provide for reduced working hours for minor
employees (24 hours per week - for employees between the age of fifteen and sixteen;
and 35 hours per week - for employees between the age of sixteen and eighteen).
The general minimum employment age, according the Labour Code no. 154
of 28.03.2003 is 16. Exceptionally, a person may conclude an individual labour contract
at 15, with the written consent of the parents or legal representatives, if, the employment
does not disturb his or her health, development, education and professional training.
The violation of the rules on the use of child labor is subject 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 (trafficking in
children, including for the purpose of labor exploitation, sexual exploitation,
exploitation in begging, etc.), art. 208 of the Criminal Code (involvement of
minors in criminal activities or inciting them to commit immoral acts) and art. 58 of
the Contravention Code (admission of minors to jobs that are dangerous for their
lives and health or involvement of minors in labor prohibited by law)
Important achievements
Besides having a basic normative framework in place, Moldova achieved the
following results in preventing and combating illegal forms of child labour:
The creation of the National Guiding Committee for elimination of child

labor, which ensures the cooperation between relevant national institutions (2004);
The establishment, within the I Labor Inspection of a Monitoring Unit for

Child Labor (2007);
Concluding collective agreement on child labor between the Government, the

employers associations and the trade unions (2007);
The adoption of a Code of Conduct with regards to child labor for the
employers in the agricultural sector (2008);
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The creation of a special permanent council on child labour within the

National Commission for Consultation and Collective Negotiations (2010).
Recent progresses
As to last hour developments, the Government notes the approval, by
Government Decision no. 766 of 11 October 2011, of the National Action Plan on
prevention and elimination of the worst forms of child labor (2011-2015). The
national action plan was drafted as the result of Moldovas inclusion, in April 2009,
in the Global Project of IPEC for development, raising awareness and supporting
implementation of the Global Action Plan to eliminate of worst forms of child labor
until 2016, financed by United States Department of Labor. The Plan contains over
40 actions that aim to:
review and update the relevant legislation in order to ensure proper

conditions for preventing and eliminating worst forms of child labour;
raising the awareness of the civil society and decision makers of the issues
concerning worst forms of child labour;
facilitating the access of children to quality education in order to prevent their

involvement in worst forms of labour ;
rehabilitation, educational and social reintegration of children, pulled out of

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

etc.
Following the approval of the National Action Plan on prevention and
elimination of worst forms of child labour for 2011-2015, a series of follow-up
measures were taken:
9 local action plans on the prevention and elimination of worst forms of child
labor were approved (in the districts of Anenii Noi, Edine, Ocnia, Sngerei, Taraclia,
Drochia, Cantemir, Glodeni and in the municipality of Bali);
The topic of the worst forms of child labor was included in several courses for
specialties Social assistance, Law and Public administration of the Aleco Russo
State University in Balti;
Teachers, educators and school psychologists benefited from trainings and
information seminars on the topic. Other actions were held to involve professors and
students in conducting information campaigns for civil society, parents and children about
the worst forms of child labor and their consequences;
Topics addressing the worst forms of child labor were added to the programs of
continuous professional training of the Institute of Education for the teaching staff who
teach Civic Education;
Starting 1 January 2013 the topic of worst forms of child labor was also included in
the psycho-pedagogy module of the training programs for teaching and management
professionals;
District Councils of Ocnita, Glodeni, Nisporeni, Causeni, Soldanesti, Stefan-Voda,
Rezina, Straseni and the Balti Mayors Office organized community actions to prevent
school dropout, to improve the identification and rescue of children subjected to worst
forms of child labor and ensure their schooling (during year 2012, local public
administration identified 5 cases of child labor exploitation)
District Councils initiated a range of extracurricular activities in order to prevent
school dropout caused by involvement of children in labor. Extracurricular activities
included dance classes, creativity centers, sports schools, etc.)
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The Ministry of Education has taken other steps to enhance access of

children to basic education, increase school attendance in rural areas, and to ensure
the completion of compulsory education:
Providing free-of-charge school books for 1st to 4th grades;
Providing meals for all children in 1 st to 4th grades and for the children in 5 th
th
to 9 grades, from vulnerable families;
Providing school transportation for children coming to district schools;
Exemptions from fees for renting school textbooks, for children from
vulnerable families.
On 17 August 2012, the Ministry of Education issued an order (no.387) prohibiting the involvement of school students in agricultural works during the
school period.
In order to better enforce the laws concerning child labor, on 11 July 2012,
the Parliament adopted the Law no. 169 that introduces new provisions on
undeclared work in the Labor Code and the Code of Contraventions (art. 7 1 and art.
551). Amendments were also made to Articles 55 and 58 of the Code of
Contraventions , including by increasing penalties.
Under the new reading of art. 55 of the Code of Contraventions, the violation
of labor legislation or of the legislation regarding the security and health of minors
at work shall be punished with fine from 120 to 150 conventional units (the previous
penalty being from 50 to 80) for natural persons, fine from 250 to 350 conventional
units (previously - from 100 to 150) for public officials and 400 to 480 conventional
units (previously - from 120 to 180) for legal persons.
According to the new reading of art. 58, the involvement of minors in work
that endangers their life or health or in work that is prohibited by the law shall be,
from now on, punishable with fine from 100 to 150 (previously 30 to 40)
conventional units for natural persons, 250 to 400 (previously 100 to 150)
conventional units for public officials and 400 to 500 (previously 100 to 150)
conventional units for legal entities, with or without prohibition to perform a certain
activity for a period of 6 months (previously 3) to one year.
The introduction of penalties for using undeclared work as a contravention
will also have a positive impact on the situation of minors labor, because a major
part of employed children are employed unofficially, which generates other
illegalities (non-compliance with minimum age for employment, with health and
security labor norms, underpayment, etc.)
According to art. 551 of the Code of Contraventions,, using undeclared work
is punished, for every identified person, with a fine from 100 to 150 conventional
units if committed by natural persons, a fine from 250 to 350 conventional units for
public officials and 350 to 500 conventional units for legal entities.
Enforcement of legislation
The respect for legal provisions concerning child labour is ensured by the
State Labor Inspectorate, which is empowered to perform state inspection in the
field of labor law.
According to the data provided by the Inspectorate, as part of the inspections
carried out in 2013 in different companies, inspectors identified 22 persons with
ages between 15 and 18. 4 of the minors were employed in activities prohibited to
minors (waiters, heavers). In respect of other 15, violations of labor law were found,
such as informal employment, or employment without compulsory medical
examination, violation of reduced work hours standards for children, delayed
payments of salaries, etc.
CAT/C/MDA/Q/3
All violations were recorded in the respective contravention reports which

were submitted to courts, in line with the jurisdiction. As result of these
interventions, violations of labor law in respect of employed minors were stopped.
Besides fulfilling its main mandate, the State Labor Inspectorate also
conducted information and awareness raising activities. For example, during AprilMay 2012, inspectors conducted information sessions with pupils from 17
educational institutions in Briceni, Donduseni, Edinet, Ocnita, Calarasi, Ungheni,
Nisporeni, Cimislia, Leova, discussing in particular the rights and obligations of the
parties to the labor relations.
Even more progress can be achieved in the future, since the Confederation of
Trade Unions of Moldova used their right under art. 386 of the Labor Code and
decided to create its own Labor Inspectorate and has already adopted its Regulation
in the Confederal Committees meeting of 9 August 2012. It is thus expected that the
new institution will support consistently the State Labor Inspectorate, including in
the identification and combating of child exploitation.
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
During 9 months of 2013, there were registered 262 detainees who declared
hunger strike, thus in total, 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.
During 2010-2013, military prosecutors completed 133 criminal
investigations on violations related to bullying practices in the army (Article 369 of
the Criminal Code Violation of statutory regulations on relations among
servicepersons if they are not subordinates). 86 criminal cases against 111 persons
were submitted to courts. 37 criminal cases against 38 persons were terminated with
liberation from criminal liability and engagement of contraventional (administrative)
responsibility, in line with art.55 of the Crminal Code. In 10 criminal cases against
12 persons, prosecution was terminated because the acts in question did not meet
elements and features of an offence.
17 soldiers injured as a result of offences received free medical care in
hospitals.
Victims also received qualified psychological assistance, to ensure their soon
recovery and continuation of military service.
The criminal prosecution and investigation in these cases was efficient.
34
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
To follow up on the situation with bullying practices in the army, the

Prosecutor General's Office sent a note to the Minister of Defence requesting the
Ministry of Defense to address the violations, their causes and factors contributing
to such practices in the army.
The leadership of the National Army informed the Prosecutor General about
the intensification of efforts to improve military discipline, including weekly field
visits of officers from the Army General Staff, in order to meet and discuss with
regular military staff.
Military prosecutors, including those from the Prosecutor General's Office,
systematically carry out preventive measures in military units, by conducting public
discussions and presentations and individual interviews with the soldiers, sergeants,
senior officers and the management of the Ministry of Defense.
Thus, during the supervised period, military prosecutors conducted 1 651
events with military staff.
As part of these events, soldiers in service are informed about the penalties
for the offenses against statutory order and relations within the military, against the
system of subordination in the Armed Forces, as well as against the life and wellbeing of other soldiers. The military staff is also informed about consequences of
having a criminal record of such offences for their future career. In this discussions
prosecutors refer to criminal judgments against military staff to illustrate their point.
In order to prevent crimes, ensure military discipline and provide for a
healthy social environment in the Armed Forces, military prosecutors resort to other
a wide range of prevention and investigation measures.
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.
Due to the support and direct contribution of the UN mission to Moldova,
including UNDP, OHCHR and WHO, the Government has operated changes in its
system of mental health services in order to incorporate, adopting an integrated
psycho-social approach on the policy level, focused on the individual necessities of
the. Starting February 2012, the office of the ombudsmen for psychiatric
institutions, has been introduced in the psychiatric institutions of Moldova by the
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
United Nations Development Program, the Parliamentary Commission for social

protection, health and family, Centre for Human Rights and the Ministry of Health.
The ombudspersons are in charge of receiving complaints from patients and
protecting their rights.
Progress was also made in improving the regulatory framework on the
provision of psychiatric care, by requiring the informed consent of the patient / legal
representative for the treatment in psychiatric hospitals.
According to the Law on Mental Health no. 1402 of 16.12.1997 and the
Order of the Ministry of Health no. 591 of 20 August 2010, which regulate the
activity of mental health services, the hospitalization of the patient is decided based
on a preliminary report of his or her psychological/mental state, the assessment of
the need to receive inpatient care, followed by clinical examination. The patient is to
be informed about the results of the examinations, the proposed treatment and
possible complications or side effects. A written informed consent should be
submitted by the patient.
The hospitalization in child care units is only admitted as a last resort
therapeutic intervention, when alternative forms of out-patient treatment fail
(psychotherapy, rehabilitation within Community Centers of Mental Health). The
child can only be hospitalized with the consent of his legal representative and the
consent of the childs him/herself, when the comprehension capacity allows him/her
to express this consent.
The treatment within psychiatric hospitals is provided in compliance with the
medical treatment standards approved by the Ministry of Health and the National
Clinic Protocols of basic diseases.
The received treatment is recorded in the inpatient medical file and the
patients individualized form. Before being discharged from the hospital, the patient
verifies the form and signs it.
Currently, psychiatric hospitals are provided with drugs in a proportion of
about 60/40% (classical psychotropic drugs / new generation psychotropic drugs)
In 2012, the Ministry of Health allocated 1.240.000 Lei (822.000 ) for the
inpatient forensic psychiatry unit for persons under arrest (department no. 31 of the
Clinic Psychiatric Hospital). The coercive treatment is provided based on a contract
concluded with the National Company for Assurances in Medicine within the limits
of global budget.
An overall renovation of department no. 31 was carried out. The wards were
fully renovated, new sinks installed and WCs and paving were repaired.
The wards, corridors and canteen of the department no. 37 of the Clinic
Psychiatric Hospital were also renovated in 2012. However, in order to improve the
living conditions of this department considerable funding is still required.
Renovations were also made in the drug rehabilitation department of the
Orhei psychiatric hospital. WC-s and shower cabins were repaired, which improved
the hygienic conditions for the patients.
On 28 December 2012 the Government approved the National Program for
mental health for 2012-2016 (Government Decision no. 1025). The Program focuses
on the development of mental health services at the community level and the
integration of mental health in primary healthcare.
Moldova ratified the UN Convention on the Rights of Persons with
Disabilities through Law no. 166 of 10 July 2010.
Since 2009, Center for Human Rights performs periodic monitoring visits to
psychiatric hospitals and psychoneurological institutions. Following visits, the CHR
compiles reports with finding and recommendations (which are available on the web
page of the institution). In 2012, an extensive study was conducted, containing
findings about the situation in psychiatric hospitals: living conditions, prohibition of
CAT/C/MDA/Q/3
torture, free consent to receiving psychiatric care and other aspects regarding the
protection of human rights in these institutions. 38. Also, the Annual Reports on the
situation of human rights in Republic of Moldova, drafted by ombudsperson and
present to Parliament, contain chapters dedicated to the situation of human rights in
psychiatric institutions.39
During their monitoring visits to the Clinic Psychiatric Hospital, the
ombudsman and the staff of the Human Rights Centre found several deficiencies in
implementing the article 490 of the Code of Criminal Procedure (internment in
psychiatric institution). According to the 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 Code of Criminal Procedure, are
held illegally in the Coercive psychiatric treatment department of the Clinic
Psychiatric Hospital.
On 10 July 2012, the Human Rights Centre submitted to the competent
authorities40 its opinion regarding this issue and proposed a review of the current
legal framework, in order to prevent any possibility that persons under criminal
investigation who are under arrest, are unlawfully detained in psychiatric
institutions. To this date, this proposal has not been followed up by the law-making
authorities.
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 its Decision no. 295 of 14 May 2012 the Government approved new rules
on the application of temporary forced hospitalization in specialized medical antituberculosis institutions of people with contagious form of tuberculosis who refuse
treatment. According to the new rules, forced hospitalization is only allowed as a
measure of last resort and only after complete exhaustion of alternative less
restrictive options, priority being given to achieving the cooperation and informed
consent of the patient.
The new Regulations contain a series of mandatory safeguards that are to be
respected when the person explicitly refuses the treatment and present a danger for
the public health. The main purpose is to evaluate each individual case separately
and to afford a multidisciplinary adequate support to obtain the consent to treatment.
Even in case of forced hospitalization, when all other alternatives fail, the medical
treatment is applied only with the consent of the patient, excluding 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
38
39
40
http://www.ombudsman.md/sites/default/files/rapoarte/psihiatrie_web.pdf
http://www.ombudsman.md/en/rapoarte-anuale
Ministry of Justice, General Prosecutors Office, Ministry of Internal Affairs, Ministry of
Health, Supreme Court of justice
CAT/C/MDA/Q/3
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 safety measure of chemical castration was declared
unconstitutional by the Constitutional Court of the republic of Moldova. 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 crimes is unacceptable and that the decision on the treatment may be
taken only on the basis of an individual examination. According to the conclusions
of CPT, chemical castration may be used only with the consent of the sentenced
person and the convict must be informed of the side effects of the treatment.
By the Constitutional Courts Decision no. 18 of 04.07.2013, all legal
provisions of the Criminal Code and the Enforcement Code concerning chemical
castration were declared 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;
During 2012-2013, The National Institute of Justice delivered a series of
trainings for prosecutors and judges on nondiscrimination issues:
2012
4 seminars: Implementation and application of certain legislative acts, total
number of participants - 296: 254 judges, 42 prosecutors; organizers: NIJ, SCJ.
1 seminar: Interpretation and application of Law no. 121 of 25 May 2012 on
Equality, total number of participants - 29: 13 judges, 16 prosecutors; organizers:
NIJ, OHCHR.
2013
CAT/C/MDA/Q/3
3 seminars: National and international standards in the domain of

nondiscrimination. National and ECHR case-law, total number of participants -83:
judges - 46, prosecutors - 36, 1 representative of MFAEI; organizers: 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, the
MIA, during 2011, has implemented a series of activities, described below.
In order to consolidate the professional, cultural, moral and disciplinary
capacities and attitudes of its employees, the of the Ministry of Internal Affairs and
its educational institutions developed and implemented a training program,
specializing on human rights, in strict accordance with the national policies and the
action plans of MIA. This program meets the international standards set by the
United Nations and its specialized agencies and the Council of Europe, organization
as well as the recommendations of other regional and non-governmental
organizations.
The implementation of programs on human rights protection and police
ethics is a priority among the courses of initial and advanced professional training of
senior and ordinary police officers within the Institute for continuous professional
education and scientific researches of the Stefan cel Mare Academy. As part of the
educational process, students are familiarized with the international standards of
human rights protection, as part of the following courses: International Law,
Constitutional Law, Police Law, Police Ethics, Legal Protection of Human
Rights.
According to the provisions of the MIA order no. 439 of 31 December 2010
on the organization and delivery of professional training in 2011, all police
officers receive human rights training as part of MIAs professional trainings
programs. The courses - Human Rights and Police Ethics use, among others,
the following training materials:
- Trainers guide Human rights training for police officers, UNDP Moldova,
Chisinau 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 courses on anti-discrimination is to encourage MIA
employees respect for cultural diversity, to overcome xenophobia, discrimination
and ethnic prejudices.
At the same time, in order to ensure compliance with human rights and
fundamental freedoms, to prevent and exclude torture and ill-treatment by police
officers and thus prevent potential ECHR findings against Moldova, special
Commissions for Human Rights and Freedoms were created in the bodies and
subdivisions of the MIA. The main task of these committees is to ensure compliance
with human rights and freedoms, organizing and carrying out activities aimed at
prevention of human rights violations, identification of issues leading to violation
and solving these issues.
CAT/C/MDA/Q/3
Through these institutional measures, the MIA established the competences of

different bodies in preventing and combating illegalities among MIA employees and
strengthened the institutional capacity to prevent torture, discrimination and
corruption.
According to the provisions of MIA order no. 300 of 27.10.2011 on
organization of activities for knowledge assessment of staff within internal affairs
bodies, an evaluation of knowledge of all MIA staff was conducted on topics covered
in 2011 trainings, including in the field of combating discrimination and inhuman
treatment.
At the same time, MIA officers participated in a series of trainings, organized
by national and international NGOs covering topics of human rights, overcoming
xenophobia, discrimination and ethnic prejudices, namely:
- A training on working with national minorities, held between 17 and 19. October
2011, attended by 34;
- Convention on the Rights of Persons with Disabilities - realities and perspectives
for persons with special needs, held between 20 and 21 September 2011, attended
by one officer;
- A training on the interdisciplinary approach in cases of sexual commercial
exploitation of children, delivered between 20.10.2011 and 08.11.2011, attended by
34 officers.
The web page of MIA tefan cel Mare Academy published a series of
academic articles, concerning human rights, elimination of all forms of racial
discrimination, combating torture in the activity of law enforcement bodies, etc.
In 2012, 68 police officers attended trainings on working with national
minorities, within the Institute for continuous professional education and applied
scientific researches of the Stefan cel Mare Academy.
As to the monitoring and processing of cases of discrimination and abuse
against minorities, committed by police officers, during 2012 no such cases were
recorded by the MIA.
The case of Gh.Djoltail
The complaint Gh.Djoltail, about his alleged harassment on religious
grounds, including by a policeman, were investigated by the Taraclia Prosecutors
Office under art.274 of the Code of Criminal Procedure.
As part of the investigations, the prosecutors interviewed the pastor of the
Tvardita evangelist church. He stated that he had no knowledge of cases where
members of this church were persecuted by the Christian orthodox population of the
village. He also stated that the applicant is not a member of the evangelists church
anymore, having left the cult long time ago.
The evidence collected within the investigation did not confirm the
applicants alleged persecution by police officers.
As a result, on 12.12.2010, the Taraclia Prosecutors Office issued an
ordinance not to open criminal prosecution on the case.
(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.
CAT/C/MDA/Q/3
In order to prevent and punish violence based on racial, ethnic and religious
grounds, Parliament adopted the Law on 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.
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 on the Justice Sector Reform Strategy
BMA Bureau for Migration and Asylum
CA Court of Appeal
CAIS Registry of Crime and Criminological Information Concept of the Automated Information System
Registry of Crime and Criminological Information
CAIS Registry of detained, arrested and convicted persons Concept of the Automated Information System
Registry of detained, arrested and convicted persons
CC Civil Code
CC Contravention Code
CC Criminal Code
CC Constitutional Court
CAT/C/MDA/Q/3
CCMH Community Center of Mental Health

CEB Council of Europe Development Bank
CESRC Council of Europe Strategy for the Rights of the Child
CLEIIS Concept of the Law Enforcement Integrated Information System
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
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
CAT/C/MDA/Q/3
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 Testemianu State University of Medicine and Pharmacy Nicolae Testemianu
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 Children's Fund
UNIFEM United Nations Development Fund for Women
UNODC United Nations Office on Drugs and Crime
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

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CAT

Convention against Torture

Committee against Torture

List of issues prepared by the Committee prior to the

Special attention is paid to the action related to ensuring an efficient internal

Following an evaluation of the state of affairs created as a result of the events in

A/HRC/19/18, para. 76(14); A/HRC/10/44/Add.3, para. 90(a); A/HRC/19/61/Add.3,

subdivision that would ensure efficient investigation of allegations of ill-treatment

d) committed by use of weapon, special tools or other objects adapted to this

The Parliament of the Republic of Moldova adopted Law no. 231 of 25

implementation of the measures planned and results achieved; Order no. 88 of 11

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

inmates, 64 cells per detention block, a disciplinary isolator for 50 detainees, a

A/HRC/10/44/Add.3, paras.16 and 90(b); A/HRC/19/18, para.76.14; A/HRC/19/18/Add.1,

Robbery art. 187

Burglary art. 188

Break-down by criminal relapse

Break-down by terms served

Description according to age

Up to 15 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.

what he or she is wearing (description of the clothing), explanations, objections,

- to request a verification by the prosecutor of the legality of the detention;

Regarding the measures adopted to strengthen the independence of the NPM

in a bid to identify prisoners with complaints or with signs of inhuman or degrading

To ensure the mandatory and periodic procedure of medical examination of

According to the provisions of point 15 of the Ministry of Justice's Order no.

By rate of incidence among prisoners in 2012 health issues occurred as follows:

Mortality statistics amongst prisoners in 2010-Q3 2013 are the following:

Mortality statistics saw a transition from infectious to non-infectious causes.

To improve the situation in penitentiaries, on 27 September 2013, by DPI

The creation of the Automated Informational System The register of

Ibid., para.18 (iii).

and counselling?14 Please provide detailed information, including statistical data, on

Concluding observations of the Committee on Economic, Social and Cultural Rights )

In the period from January to June 2013, 220 beneficiaries received

cases. Counselling is carried out in various ways: individually or in groups, by

Statistics of the law enforcement agencies, MLSPF and IOM

Prevention of THB in Moldova has acquired a mature approach and the

The number of identified /assisted victims in 2012

85% of THB victims are women

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

(in residential institutions)

(general education institutions)

In 2012, prosecution was finalized in respect to 223 criminal cases, out

one decision recognizing a license invalid, and an injunction involving activity

Budget of the territorial administrative units

1117,9 thousand lei executed

Potential victims of trafficking in human beings

CNPAC on support for children victims of sexual violence;

Information (presented by the participants in the System)

Articles of the Criminal Code

Article 159 Illegal abortion

Article 160 Illegal Performance of

Article 175 Perverse actions

Article 2011 Domestic violence,

Article 206 Trafficking in children

Article 3091 Torture

Article 165 Trafficking in human beings