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Response of the Government of the Republic of Moldova to the Report Of

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Response of the Government of the Republic of Moldova to the Report Of CPT/Inf (2021) 6 Response of the Government of the Republic of Moldova to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to the Republic of Moldova from 28 January to 7 February 2020 Since April 2011, reports on CPT visits to the Republic of Moldova and related Government responses are published under an automatic publication procedure. The CPT’s report on the January/February 2020 visit to the Republic of Moldova is set out in document CPT/Inf (2020) 27. Strasbourg, 14 April 2021 Response of the Government of the Republic of Moldova to the Report of the delegation of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to the Republic of Moldova The Government of the Republic of Moldova highly appreciates the work of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter – CPT) on improving the standards for the functioning of state institutions where persons are deprived of their liberty. The Government of the Republic of Moldova (hereinafter – RM) expresses its readiness to comply, as far as possible, with the comments contained in the CPT Report on the visit1, and to take all necessary measures to remedy the deficiencies. The Government remains committed to focus on increasing the quality of services provided to persons placed under the state custody, so as to protect their rights, as well as to provide improved rehabilitation opportunities for each detainee. The present Response was drafted by the Ministry of Justice based on the information provided by the authorities responsible for implementing the observations, namely the Ministry of Internal Affairs (hereinafter - MIA), the Ministry of Health, Labor and Social Protection (hereinafter - MHLSP) and the National Penitentiary Administration (hereinafter - NPA). Following the detailed examination of the Report of the CPT delegation after the ordinary monitoring visit to the Republic of Moldova, held between January 28 and February 7, 2020, the Government is pleased to provide the information on the measures taken and the recent developments directed at the elimination of the deficiencies identified by the CPT. The police Detention period In accordance with the normative acts of the police, for the placement of the detained person in the Temporary Detention Isolator (TDI), the respective person must be accompanied by an individual file, drawn up under the conditions of art. 201 and 307 of the Enforcement Code No. 443/2004. At the same time, in order not to admit the exceeding of the 72-hour detention period in TDI of persons whose identity documents are not completed, the subordinated subdivisions of the General Police Inspectorate (GPI) were warned about not admitting gaps in the individual files of persons in police custody presented for placement in TDI. It should be noted that the delays in issuing identity documents by the Public Services Agency for persons in police custody persists, especially if the person has never previously been issued an identity document and / or has not been assigned a state identification number. In this sense, the authorities are examining the possibility of modifying the normative framework, mainly the Law No. 273/1994 on identity documents in the national passport system and the Enforcement Code. 1 Adopted by CPT at its 102nd meeting and published on 15 September 2020. 2 Ill-treatment During the monitoring visit, the CPT delegation was informed about the introduction of Standard Operating Procedures approved for the implementation of Objective 1 of the Action Plan on Reducing ill-treatment, abuse and discrimination towards persons in Police Custody for the years 2017-2020, approved by Government Decision No. 748/2017. Thus, the following Standard Operating Procedures were approved: Standard Operating Procedures regarding the detention, escort, transportation and placement of the detained person in the Temporary Detention Isolator of the Police, approved by Order of the Head of GPI No.129 of 27.04.2020; Standard Operating Procedures on the mechanism of providing medical assistance to persons detained and in pre-trial detention, approved by Order of the Head of GPI No. 444 of 15.09.2019; Standard Operating Procedures regarding the assurance of the right to an interpreter or translator for persons detained, transported, escorted and detained in pretrial detention facilities, approved by Order of the Head of GPI No. 797 of 10.12.2019. The procedure for identifying, registering and reporting the alleged cases of torture, inhuman or degrading treatment, is regulated by the Regulation approved by Joint Order No. 77/572/408/639- o / 197/1389 of 31.12.2013 of the General Prosecutor, the Minister of Justice, the Minister of Internal Affairs, the Customs Service, the National Anticorruption Center and the Minister of Health. In order to ensure respect for the rights of persons at the detention stage and to prevent cases of torture and ill-treatment, as well as to ensure the level of professional training of police officers, multiple training activities were organized during the year 2020. On 16.09.2020, within the GPI, took place the launching event of the Human Rights Guide for Police and Standard Operating Procedures, developed with the support of the “Soros-Moldova” Foundation within the project “Promoting Police activity based on human rights in Republic of Moldova". Regarding the situation of excessively tight handcuffs, invoked by the CPT, please note that the handcuffs that are currently in police’s equipment are of the chain type, which easily allows the handcuffed person to tighten them more intensely causing intentional trauma. The police, following the last undertaken study visits, concluded that the application of padlock handcuffs by its counterparts in other states reduces the risk of injury, compared to chain-type ones. In these circumstances, it was proposed to gradually replace the handcuffs in the police units. At the same time, within the GPI, the departmental regulation on application of handcuffs was elaborated for not admitting their excessively tight application during the detention and escort of persons. Within the MIA, the Working Group was created in order to achieve the objective “Analysis and consolidation of the reaction capacity of the institutions subordinated to the MIA in specific situations”, which also aims to regulate the issue of handcuff application. The WG initiated the process of reviewing the institutional normative acts, in order to establish additional regulations to reduce the cases invoked. At the same time, as regards the application of handcuffs during the extradition procedures from other states to the Republic of Moldova of persons wanted by national 3 law enforcement bodies, this is done only in cases where the subject presents a clear danger to maintaining public order and security, in accordance with the relevant provisions of national and international treaties. Regarding efforts to combat ill-treatment of detainees by police officers, by approving the Standard Operating Procedures for the detention, escort, transportation and placement of the detained person in the TDI2 and the Standard Operating Procedure on the medical assistance to the persons detained in pre-trial detention, the objective is to ensure the organization and observance of the conditions compatible with the respect for the human dignity of the persons in police custody. Thus, it is mandatory that the manner and method of execution of the measure is not subject to stress or difficulties exceeding the inevitable level of suffering related to detention. Based on the practical needs of detention, medical care is provided in an appropriate manner and according to the health needs of the detained person. According to the procedure, the person in respect of whom the physical force, special means or firearm was applied during the detention or declared that he was subjected to intimidation, pressure, physical or mental aggression by the police, and not only, is to be examined immediately. When bodily injuries are ascertained by TDI medical personnel, these findings are recorded in the Body Injury Examination Form and subsequently in the Register of evidence of receipt and transmission of complaints, statements or other information about alleged acts of torture, inhuman or degrading treatment, with transmission of information within a maximum of 24 hours to the prosecutor, in the established manner. At the same time, within the territorial subdivisions of the Police, alleged acts of torture, inhuman or degrading treatment are managed by the Guard Services, and in the case of the activity of employees in offices that do not have 24/24 hours program, the police officer who during working hours has become aware of the fact of torture, inhuman or degrading treatment, is to ensure the presentation of the injured party/ petitioner to the nearest police subdivision or to inform its Guard Service by telephone in accessible ways. The duty officer who has received the relevant information related to the reported case is obliged to enter it in the Register and to inform the service prosecutor by telephone, after which immediately, but not later than 24 hours, to ensure the transmission of the materials prepared to the territorial or specialized prosecutor's office, within whose radius the institution operates. This obligation is valid whenever police officers receive information about the application of torture, inhuman or degrading treatment, regardless of the source, including the media. Upon notification of the specialized police subdivision, the Prosecutor's Office is immediately informed about the ill-treatment of the police officers according to the provisions of the Regulation on the procedure for identifying, registering and reporting alleged cases of torture, inhuman or degrading treatment, approved by Joint Order No. 77 / 572 / 408 / 639-o / 197/1389 of December 31, 2013.
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