Report of the Observance of Human Rights and Freedoms in the Republic
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REPORT ON THE OBSERVANCE OF HUMAN RIGHTS AND FREEDOMS IN THE REPUBLIC OF MOLDOVA IN 2016 CHISINAU, 2017 1 CONTENTS Foreword..................................................................................................................3 Universal Periodic Review..............................................................................................7 CHAPTER I OBSERVANCE OF HUMAN RIGHTS AND FREEDOMS IN THE REPUBLIC OF MOLDOVA Equality before law and public authorities .............................................................................9 Legal status of foreign citizens and stateless persons …………………………………...…14 Right to a fair trial .................................................................................................................17 Right to life, physical and mental integrity…........................................................................22 Individual freedom and personal security.................................................................. 29 Private and family life…………...............................................................................31 Freedom of expression……………………………………………………………………..34 Right to information………………………………………………………………………..41 Right to health protection….……..........................................................................................44 Right to a clean environment…………..……………………………………………….......51 Right to vote and right to be elected .....................................................................................60 Freedom of assembly……………………………………………………………………….63 Freedom of parties and social-political organizations ……………………………………..66 Right to establish and to affiliate to syndicates......................................................................68 Right to work and labor protection ……................................................................................70 Right to strike…......................................................................................................................76 Right to private property and its protection …………............................................................78 Right to social protection….....................................................................................................81 Observance of rights of persons with disabilities….......................................................88 Right to petition………............................................................................................ 97 Observance of human rights and fundamental freedoms in TAU Gagauzia…………….......98 Observance of human rights and fundamental freedoms in the Trasnistrian region of the Republic Moldova…………………………….…………………………………… .105 CHAPTER II OBSERVANCE OF CHILD RIGHTS IN THE REPUBLIC OF MOLDOVA IN 2016 ………………………………………………………………………………………….….110 CHAPTER III ACTIVITY FOR TORTURE PREVENTION….................................................................156 CHAPTER IV THE ACTIVITY OF THE OMBUDSMAN IN 2016 Contribution to the legislation improvement process …………………………………….161 Reception and examination of complaints ………………………………………………..165 Promotion of human rights……...……………………………………………….…………179 Analysis of human structure and potential of the team of the Ombudsman ……………….297 Material and budgetary resources of the Ombudsman’s Office in 2016……………………205 2 FOREWORD This Report includes an overall evaluation of the situation about the observance of human rights and freedoms in the Republic of Moldova in 2016, it highlights the major problems from this field and emphasizes the concerns of the Ombudsmen about them. There are made findings and recommendations whose implementation can lead to the improvement of the situation about the observance of human rights in the Republic of Moldova. In this sense, it focuses on some key-segments as: access to justice, freedom to opinion and expression, right to life, physical and mental integrity, right to health care and social protection, observance of the rights of persons with disabilities, right to a healthy environment. A separate chapter refers to the evolutions regarding the observance of the rights of child. The Report contains a chapter about the observance of human rights in the Trasnistrian region and for the first time a chapter about the observance of human rights in the Administrative Territorial Autonomy Gagauzia. The Report comprises and other chapters where are mentioned subjects which draw attention of the Ombudsman. The activity of the Ombudsman is emphasized in a separate chapter which comprises: information about the reception and examination of claims, contribution to the legislation improvement, promotion of human rights, external communication and international relations, management of financial and human resources. The year of 2016 was a turning point for the National Institution for the Protection of Human Rights strengthening which was marked by important events in the field of human rights. As the result of the adoption of a set of normative acts, in 2016 the Centre for Human Rights from Moldova was reorganized in the Ombudsman’s Office, the structure of the institution was changed and new employees were employed, process which still continues. We have also obtained the transmission in the management of the Ombudsman’s Office of the whole edifice from 16, Sfatul Tarii str. It depends on the financial resources we’ll have if the building follows to be renovated or demolished and building a new office. Also, according to Law no. 52, in the last year the Ombudsman for the rights of child has begun its activity, being appointed by the Parliament on April 8. Through the achievements of the Ombudsman in 2016 there can be noticed the beginning of the activity of the Independent Mechanism on monitoring the implementation of ONU Convention on the rights of persons with disabilities of and of the Council for the torture prevention, made up from the representatives of the civil society. The first one is a Council of 3 experts created within the Ombudsman’s Office and the second – the National Mechanism for the Torture Prevention instituted in the conditions of the Law no. 52. In 2016 there were realized two important surveys: „Perceptions on human rights in the Republic of Moldova” and ”Observance of human rights while providing pre-hospital emergency care services in the Republic of Moldova”. These works contain valuable information which we hope will be taken into consideration by the authorities while elaborating the policy documents in the field of human rights. It is obvious that the most important event of 2016 year in the field of human rights was the Universal Periodic Review of the Republic of Moldova. On November 4, 2016, the Moldavian authorities have presented within the ONU Council for human rights at the 2nd cycle of the Universal Periodic Review (UPE), the National Report on the observance of human rights in our country. The Ombudsman was and is actively involved in this process: it elaborated not only an alternative report, ensured the participation to the UPE pre-session from Geneva on October 07, but it has organized more events at the national level which are related to this mechanism of ONU. In fact, 98 percent from the mentioned matters in the Alternative Report of the Ombudsman were rediscovered in the recommendations for our country of the member states of ONU. UPE has demonstrated how the Moldavian authorities respect their obligations under UN Charter, the Universal Declaration for Human Rights, UN Conventions to which the state is a member and the national policies in this field, the humanitarian right applicable to the state. The number of recommendation has increased considerably – from 123 in the first cycle of UPE to more than 200 in the second cycle, fact which denotes that the appreciation of the international community is not a favorable one and the policy documents which were implemented in the period between those two cycles had not the expected effect. The Ombudsman will monitor and assess the implementation by the state of the recommendations from the 2nd cycle for achieving concrete results in practical terms. The Ombudsman is actively involved in the process for elaborating a new action plan in the field of human rights which follows to be a national mechanism of the sustainable implementation of recommendations from the 2nd cycle. Appreciations of the Ombudsman from this Report on the evolutions from the field of human rights in 2016 are similar to those from the Alternative Report for the 2nd cycle of UPE – lack of progress and even the aggravation of the situation in some fields. In the Report there are reiterated the concerns about the observance of the rights for the access to justice, freedom to opinion and expression, social protection and to a decent living, health care and to water and 4 sanitation, to precarious conditions of detention and to the observance of the rights of persons with disabilities. Now, the corruption is still a big obstacle in the realization of all human rights – civil, political, economic, social and cultural and the right to the development. In this context I pleaded and plead that the authorities in the actions for fighting against the corruption to adopt an approach based on the human rights. And this means that first of all, in the center of the actions for the fight against corruption should be put the people. I have declared at the National Anti-Corruption Conference of 2016 that the effort for protecting human right should be in concordance with that of the fight against