127 Stefan cel Mare str., Chisinau, Moldova Tel./fax: ( ) PROMO LEX Association

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3 Content: Vadim Vieru, Alexandru Postica, Ion Manole Coordinators: Olga Manole, Ana Baltă Computerized processing: Depol Promo SRL All rights reserved. The content of the Report may be used and reproduced for not-for-profit purposes and without the preliminary consent of Promo-LEX Association, provided that the source of information is indicated. FREE DISTRIBUTION PROMO LEX Association 127 Stefan cel Mare str., Chisinau, Moldova Tel./fax: ( ) National Endowment for Democracy 1025 F Street NW. SUITE 800, Washington DC 20004, USA tel: (+1 202) info@ned.org The content of the Report reflects the opinion and positions of the authors. National Endowment for Democracy (NED) does not bear any responsibility for the content of the Report. The Report was developed under Promoting human rights in Transnistria Project, which was implemented by Promo-LEX Association with the support of the National Endowment for Democracy (NED). 2

4 CONTENTS ACRONYMS...4 EXECUTIVE SUMMARY...5 INTRODUCTION...6 CHAPTER I NATIONAL AND INTERNATIONAL STANDARDS...7 (I) INTERNATIONAL STANDARDS...7 A. UN standards...7 B. Regional standards...8 C. European Union...9 (II) COMPLIANCE WITH COMMITMENTS AND INTERNATIONAL COOPERATION...10 A. United Nations...10 B. Council of Europe...15 (III) NATIONAL STANDARDS...18 A. National Law...18 B. National Policies...19 (IV) SUMMARY OF THE VIOLATIONS FOUND BY THE EUROPEAN COURT OF HUMAN RIGHTS IN MOLDOVAN CASES IN CHAPTER II MAJOR CHALLENGES...25 (I) INVESTIGATION OF TORTURE AND ILL-TREATMENT...25 (II) INVESTIGATION OF ABUSES IN THE PSYCHIATRIC INSTITUTIONS...26 (III) HEALTH CARE INTERVENTIONS AND FORCED MEDICAL TREATMENT IN THE PSYCHIATRIC INSTITUTIONS...28 (IV) CONDITIONS OF DETENTION IN PENITENTIARIES...31 A. General information...31 B. Overcrowded penitentiary system...31 C. Health care in the penitentiary system...34 D. Women in detention...35 E. Observance of other standards in the penitentiary system...37 (V) TORTURE IN THE TRANSNISTRIAN REGION...40 A. Torture investigation...41 B. Conditions of detention and health care...43 C. Other violations...45 RECOMMENDATIONS...47 ANNEXES

5 ACRONYMS AIDS Acquired Immune Deficiency Syndrome CAT United Nations Committee against Torture CED International Convention for the Protection of All Persons from Enforced Disappearances CEDAW Convention on the Elimination of All Forms of Discrimination against Women CESCR United Nations Committee on Economic, Social and Cultural Rights CoE Council of Europe CoM Committee of Ministers CPEDEE Council on the Prevention and Elimination of Discrimination and Ensuring Equality CPT European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disabilities CTPF Center of Temporary Placement of Foreigners DPI Department of Penitentiary Institutions ECHR European Convention on Human Rights ECtHR European Court of Human Rights EU European Union GPI General Police Inspectorate GPO General Prosecutor s Office HIV Human Immunodeficiency Virus HRC Human Rights Committee ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of all Forms of Racial Discrimination ICESCR International Covenant on Economic, Social, and Cultural Rights JSRS Justice Sector Reform Strategy MIA Ministry of Internal Affairs of the Republic of Moldova MLSPF Ministry of Labour, Social Protection and Family of the Republic of Moldova MoF Ministry of Finance of the Republic of Moldova MoH Ministry of Health of the Republic of Moldova MoJ Ministry of Justice of the Republic of Moldova NAPIAA RM-EU National Action Plan for the Implementation of the Association Agreement between the Republic of Moldova and the European Union NGO Non-Governmental Organization NHRAP National Human Rights Action Plan OHCHR Office of the High Commissioner for Human Rights SAFPD Social Assistance and Family Protection Division UN United Nations UNCAT United Nations Convention against Torture UNDP United Nations Development Programme UPR Universal Periodic Review 4

6 EXECUTIVE SUMMARY The Republic of Moldova signed and ratified several international instruments in the field of prevention of torture and other cruel, inhuman or degrading punishments or treatment 1. The ratified treaties to which the Republic of Moldova is a party, provide a range of institutional, jurisdictional and substantial obligations in the field of prevention and combating torture. They oblige the Government of the Republic of Moldova to develop relevant policies and practices preventing torture and other cruel, inhuman or degrading punishments or treatment, as well as to ensure efficient investigation of torture acts and rehabilitation of victims. The Report analyses the most important international standards and reflects the way these are observed by the corresponding authorities. Over the past years, the Republic of Moldova implemented important reforms that ensure the right not to be subjected to torture, under the pressure from the international community invoked by systemic problems related to the compliance with Article 3 of the European Convention on Human Rights (ECHR) found in more than 80 2 judgements issued against the Republic of Moldova, recommendations received within Universal Periodic Review (UPR), etc. In 2016 the Republic of Moldova undertook to implement outstanding actions provided by National Human Rights Action Plan (NHRAP) for , pending actions provided by the JSRS for , pending actions provided by National Action Plan for the Implementation of the Association Agreement between the Republic of Moldova and the European Union (NAPIAA RM-EU) for and other documents that expressly state that the top-priority task is prevention and combating torture or inhuman and degrading treatment. The degree of fulfillment of such actions is reflected herein. Despite important legislative amendments in certain fields, the right not to be subjected to torture and other inhuman or degrading treatment is not fully guaranteed and ensured in practice, especially in the Transnistrian region. Although over 600 complaints related to the facts of torture and ill-treatment are annually lodged with the Prosecutor s Office, the criminal prosecution is initiated only in about 20% of cases. There are severe flaws in preventing and investigating the torture and ill-treatment crimes committed in psychiatric and residential institutions. The conditions of detention in penitentiaries are still bad, and the rehabilitation of victims of torture is still a problem despite certain legislative interventions. In 2016, European Court of Human Rights (ECtHR) examined and communicated to the Governments of the Republic of Moldova and Russian Federation more than 9 cases involving violations of Article 3 of ECHR in the Transnistrian region. 1 Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment of 10 December 1984, New York, European Convention on Human Rights. Etc. 2 By 31 December 2016, ECtHR issued 339 judgements, 25% of which refer to violation of Article 3 of the Convention. 3 Decision No. 90 of , approving the National Human Rights Action Plan 4 Law No 231 of approving the Justice Sector Reform Strategy for - ew=doc&id= National Action Plan Implementing the Republic of Moldova European Union Association Agreement during approved by Government Decision No 808 of 7 October

7 INTRODUCTION The Report examines the situation with the right not to be subjected to torture and other inhuman or degrading treatment in the context of relevant international standards the ones the Republic of Moldova is a party to and undertook to comply with. The Report also refers to the most important challenges related to the observance of the right not to be subjected to torture in the Republic of Moldova, including the Transnistrian region. Thus, the Report addresses the issue of the investigation of cases of torture and ill-treatment; conditions of detention in penitentiaries, rehabilitation of torture victims, inhuman and degrading treatment in psychiatric institutions, as well as ill-treatment in the Transnistrian region of the Republic of Moldova. The relevant data on the observance of the right not to be subjected to torture, including the reports drawn up by the government and Non-Governmental Organization (NGO) for the United Nations (UN) treaty bodies and within the UPR process were analysed 1. Wherever possible, statistical data was relied on to improve understanding of described trends and information. While preparing the report, interviews with the relevant state actors were conducted and the requests for access to information were sent to the General Prosecutor s Office(GPO), General Police Inspectorate(GPI), Ministry of Health (MoH), Ministry of Justice(MoJ), Ministry of Labour, Social Protection and Family(MLSPF) and to other relevant entities. The purpose of the report is to provide an overall picture of the issues related to the observance of the right not to be subjected to torture and inhuman and degrading treatment. In this report the study of the problems in the Transnistrian region was limited due to the lack of the disaggregated statistical data on the situation in various fields in the Transnistrian region (for example, number of complaints, budget of the detention institutions, de facto intervention of administration in various fields, etc.) as well as due to the fact that the members of Promo- LEX Association were not given access to the Transnistrian region, which made the monitoring there impossible 2. Consequently, certain issues which would usually fall within the research of a report addressing torture and cruel, inhuman or degrading treatment, are not analysed thoroughly enough. These omissions should not be interpreted as an indication that there is no gaps that would affect certain fields or categories of people, especially, in the Transnistrian region. 1 UPR-INFO - Civil society and other submissions, Web source: Session-26---November-2016/Civil-society-and-other-submissions#top 2 Promo-LEX warns that there is the risk of deterioration in human rights compliance in the Transnistrian region, Web source: promolex.md/8437-promo-lex-avertizeaza-ca-exista-riscul-inrautatirii-respectarii-drepturilor-omului-in-regiunea-transnistreana/ 6

8 CHAPTER I. NATIONAL AND INTERNATIONAL STANDARDS (I) INTERNATIONAL STANDARDS The Republic of Moldova has signed several international treaties within UN and Council of Europe (CoE), related to the protection of the right not to be subjected to torture and other inhuman or degrading treatment. Nonetheless, some international treaties that have relevant provisions regarding the protection of the right not to be subjected to torture have not been signed and/or ratified. In case of some treaties, the Government of the Republic of Moldova made certain reservations related to their implementation in the Transnistrian region. The most relevant international standards guaranteeing the right not to be subjected to torture and to inhuman or degrading treatment are listed below. A. UN standards The Republic of Moldova has signed and ratified the majority of the Conventions in the UN human rights treaty system, the provisions of which are relevant for the protection of the right not to be subjected to torture. While it has ratified seven of the nine core UN human rights treaties, State Party reports are often delivered late, including the report to the UN Committee against Torture (CAT) 1. The UN human rights treaties ratified by Moldova are as follows: International Covenant on Civil and Political Rights (ICCPR); International Covenant on Economic, Social and Cultural Rights (ICESCR); International Convention on the Elimination of all Forms of Racial Discrimination (ICERD); Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Convention on the Rights of Persons with Disabilities (CRPD); Convention on the Rights of the Child (CRC). Victims of torture can file individual complaints to several bodies created basing on the international treaties adopted within the UN system, related to the violation of human rights in general, and of other rights in particular, including the right not to be subjected to torture: Human Rights Committee under the first Optional Protocol to the ICCPR; Committee on the Elimination of Racial Discrimination under Article 14 of the ICERD; Committee on the Elimination of Discrimination against Women under the Optional Protocol to the CEDAW; and the Committee against torture under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 1 While the report to the CAT had been due in 2013, the Government submitted it only in

9 See Annex 1 Status of the ratification and signing the relevant international treaties by the Republic of Moldova The Republic of Moldova has made territorial declarations to the first and second Optional Protocols to the ICCPR and the second Optional Protocol to the CRC (on the sale of children, child prostitution and child pornography). These declarations limit the territorial application of the Protocols in the Transnistrian region of the Republic of Moldova. The denial of rights contained within the protocols to those individuals contravenes both the object and the purpose of the protocols and could amount to a violation of Article 1 of the ECHR 2. B. Regional standards The Republic of Moldova ratified several European treaties that impose the observance of the right not to be subjected to torture. The Republic of Moldova became a member of the CoE on 13 July As themember State, it ratified the ECHR and the majority of protocols it comprises, including No 6 and No 13 on the abolition of the death penalty. See Annex 2 Status of the ratification and signing the relevant international treaties within the Council of Europe by the Republic of Moldova Relevant conventions As with other international instruments, the Government has filed a declaration to ECHR to restrict the application of rights to the Transnistrian region 3. The ECtHR has held that this declaration is not valid within the meaning of Article 57 of the Convention.Even in the absence of effective control over the Transnistrian region,the Republic of Moldova has a positive obligation to take the diplomatic, economic, judicial or other measures that it is in its power to take and are in accordance with international law to secure to the applicants the rights guaranteed by the Convention. 4 The Moldovan Government should therefore review its commitment to apply international human rights instruments only in territory controlled effectively by the authorities of Moldova. Besides the relevant Conventions, the Government should also take into account the Recommendations of the Council of Europe issued specifically to guarantee the right not to be subjected to ill-treatment, inhuman or degrading treatment in the penitentiary system. See Annex 3 Recommendations of the Council of Europe in Preventing Torture and Inhuman or Ill-treatment See, for example, the Convention on Action against Trafficking in Human Beings, C.E.T.S. No 197, See Catan and Others v Moldova and Russia, European Court of Human Rights, Application Nos /04, 8252/05 and 18454/06, 19 October 2012, Para 110; and Mozer v The Republic of Moldova and Russia, European Court of Human Rights, Application No /10, 23 February 2016, Para

10 C. European Union During the time period the Government of the Republic of Moldova implemented the NAPIAA RM-EU for the said period 5. The National Action Plan was approved during the Government meeting on 25 June The NAPIAA was revised in The National Action Plan comprised several priorities and implementation measures in preventing torture and ill-treatment. See Annex 4 Excerpt from the National Action Plan Implementing the RM-EU Association Agreement for Certain actions formulated in the National Action Plan were vague and did not contain any indicators. Thus, it was hard to assess their implementation. Some actions were implemented with delay. For example, the National Preventive Mechanism Against Torture (NPMT) was created based on a new formula only on 24 October It was launched on 2 December 2016, while according to the Action Plan the action was due in The degree of implementation of the relevant actions was not reflected in the Government s Progress Report on the level of implementation of NAPIAA RM-EU for The NAPIAA RM-EU for was approved during the Government meeting held on 28 December As opposed to the previous plan, the new one includes outcome-driven actions, containing performance indicators. The plan comprises a range of actions in the field of prevention of torture and ill-treatment. See Annex 5 Excerpt from the National Action Plan Implementing the RM-EU Association Agreement for Government Decision No 808 of 7 October 2014 approving the National Action Plan Implementing the Republic of Moldova European Union Association Agreement during , Web source: id= Government Decision No 713 of amending and supplementing the Government Decision No 808 of 7 October 2014, Web source: 7 Government s Progress Report on the level of implementation of National Action Plan Implementing the RM-EU Association Agreement for , Web source: 8 National Action Plan Implementing the RM-EU Association Agreement for , Web source: files/document/attachments/intr02_84.pdf 9

11 (II) COMPLIANCE WITH COMMITMENTS AND INTERNATIONAL COOPERATION The Republic of Moldova s evolution in promoting and respecting the right not to be subjected to torture and other cruel, inhuman or degrading treatment is reflected in the periodic reports, such as, for instance, the ones of HRC and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Some of the relevant conclusions of such reports are presented hereafter. A. United Nations International Covenant on Civil and Political Rights The Republic of Moldova ratified the ICCPR on 26 January Since ratification of the Covenant, the Republic of Moldova submitted three periodic reports. The most recent one was submitted in 2016 (delayed by 3 years) 9. In the last reporting cycle HRC presented in 2011 a list of questions for the Moldovan Government. This list emphasizes the fact that the deficiencies that also had been noted by the Committee in its concluding observations of 2009, were not corrected. The deficiencies refer to the process of practical application of recommendations related to the treatment of victims of April 2009 events and actions taken to avoid torture in the pretrial detention centers. On 18 November 2016 the Committee adopted a document containing concluding observations referring to the 3rd periodic report of the Republic of Moldova on ICCPR implementation 10. The Committee provided the Government with several recommendations in preventing torture, including: A) Promptly, thoroughly and effectively investigate all allegations of torture and cruel, inhuman or degrading treatment, prosecute and, if convicted, punish the perpetrators, with penalties commensurate with the gravity of the offence, and provide effective remedies to victims, including rehabilitation; B) Guarantee individuals in custody access to lawyers immediately after arrest and during all stages of detention; C) Integrate the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) in all training programmes for law enforcement officials; D) Enable the national preventive mechanism to carry out its functions effectively without further delay, including regular and unannounced visits to all places of detention. Even if the Committee had appreciated the steps taken by the Government of the Republic of Moldova to promote and protect the rights of persons with disabilities, including policies designed to substitute institutionalization, it expressed concern at: A) The forced detention of and the non-consensual administration of psychiatric treatment to persons with disabilities on the grounds of mental or intellectual incapacity; B) Reports of serious abuse and ill-treatment committed by caregivers, health professionals and staff of psychoneurological residential institutions and psychiatric hospitals, including rape, forced contraceptive measures, forced abortions, neglect, restraint and seclusion. 9 The Report was due till 31 October Concluding observations, CCPR/C/MDA/CO/3 10

12 The Committee noted in particular the gravity of the situation in Balti neuropsychiatric institution, Cocieri neuropsychiatric institution and Orhei institution for boys and young men with disabilities; C) The legislation in the State Party that allows non-consensual termination of a pregnancy on the grounds of psychosocial or intellectual impairment. Regarding the rights of the persons with disabilities in relation to torture and ill-treatment, the Committee formulated a range of recommendations, including: A) Revise its laws and practices on forced detention on the grounds of mental or intellectual disability, with a view to ensuring that detention is applied, if at all, as a measure of last resort and for the shortest appropriate period of time, and that the existence of a disability shall never in itself justify a deprivation of liberty; B) Promote psychiatric care aimed at preserving the dignity of patients, both adults and minors, and ensure that non-consensual use of psychiatric treatment is generally prohibited and applied, if at all, in exceptional cases as a measure of last resort where absolutely necessary for the benefit of the person concerned, provided that he or she is unable to give consent, for the shortest possible time and without any long-term impact; C) Protect persons with disabilities from further abuse and ill-treatment, including by adopting a comprehensive, effective and independent monitoring system in all residential institutions and psychiatric hospitals; D) Conduct prompt, impartial and thorough investigations into all allegations of abuse and ill-treatment by persons with disabilities and provide effective remedies to victims; E) Ensure that women with disabilities are able to enjoy their right to sexual and reproductive health, including by repealing legislation that allows for the non-consensual termination of pregnancy. While noting the measures taken by the Moldovan Government to improve conditions of detention, including through the construction of new detention facilities, the Committee remains concerned that problems of overcrowding, inter-prisoner violence, poor hygiene conditions and lack of access to proper health care continue to persist. It expresses particular concern at the situation in Soroca prison. The Committee formulated the following recommendations regarding the conditions of detention: The state should take concrete steps to improve conditions in prisons and detention facilities in line with the Covenant and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). In that regard, the State Party should consider not only the construction of new prison facilities, but also the wider application of alternative non-custodial sentences, such as electronic monitoring, parole and community service. The Committee expressed concern about the delay in investigating and prosecuting the violations committed by law enforcement officials during the protests of April 2009 and the failure to punish the torture acts committed back then. United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment The Republic of Moldova ratified United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment on 31 May Since ratifying the Convention, the Republic of Moldova submitted 3 reports. 11

13 In 2012, CAT published a list of questions prior to final review of the report submitted by the Republic of Moldova. In its list of questions addressed to the Republic of Moldova regarding the third periodic report, the Committee touched upon the public policies in the field of preventing torture adopted by the authorities after 2010, the procedure of investigation of torture acts, information related to the investigation of cases of domestic violence, human trafficking, etc. The Government provided only partial information in response to the questions formulated by the Committee. In its list of questions the CAT recognized the state s incapacity to effectively control the Transnistrian region, and demanded from the Government to indicate the measures it had taken to ensure the compliance with the Convention in the Transnistrian region. Information about emergency appeals in individual cases sent to the UN Special Rapporteur on torture has also been requested 11. The Government didn t answer the question. CAT asked the Government if the National Preventive Mechanism against Torture members are capable of paying periodic and unannounced visits to places of detention, including those in the Transnistrian region, without restrictions. The Government didn t answer the question. As with the report on ICCPR, the third report was also delayed by almost 3 years (it was initially due till 20 November 2013, instead it was submitted on 15 July 2016) 12. Committee s concluding observations are to be drafted. Universal Periodic Review In 2016, the Republic of Moldova was evaluated within the Universal Periodic Review (UPR) by UN. The UPR was created through the UN General Assembly on 15 March 2006 by Resolution 60/251 13, which established the Human Rights Council itself. Promo-LEX Association, in partnership with local and international civil society organizations, participated in the preparation of seven Reports for UPR 14, which were submitted to the Office of the High Commissioner for Human Rights (OHCHR). Promo-LEX Association in partnership with the Rehabilitation Centre of Torture Victims submitted a report on the observance of the right not to be subjected to torture, inhuman and degrading treatment in the Republic of Moldova 15. The report comprised 8 recommendations on 3 following important subjects: efficient investigation of the crimes of torture, conditions of detention and women s rights to social and health care assistance and rehabilitation of torture victims. Other civil society organisations have also submitted reports containing recommendations on the observance of the right not to be subjected to torture 16. The main recommendations in preventing torture, suggested by the civil society organisations are as follows: 11 See / HRC / 16/52 / Add.1, points 175 and State party report under LoIPR CAT/C/MDA/3 13 Resolution of the UN General Assembly 60/251, Web source: N pdf?OpenElement 14 Reports to the UPR submitted by the Promo-LEX Association and its partners (International Federation for Human Rights (IFHR), Media Centru, RCTV Memoria, International Rehabilitation Council for Torture Victims (IRCTV), Gender Equality Platform, National Coalition Life without Domestic Violence, Association against Domestic Violence Casa Marioarei, Women's Law Center, La Strada International Center, Gender Center, American Lawyers Association for Human Rights, Legal Assistance Center for People with Disabilities (LACPD), Moldovan Institute for Human Rights (IDOM) and Mental Disability Advocacy Center (MDAC), Web source: promo-lex-a-contribuit-la-sapte-rapoarte-transmise-pentru-evaluarea-periodica-universala/ 15 UPR Report, RCTV Memoria and Promo-LEX Association, Torture and Ill-Treatment: State Obligations and Rights of Survivors, Web source: 16 Coalition of National NGOs for UPR, Web source: session_26_-_november_2016/js6_upr26_mda_e_main.pdf 12

14 The Government and the Parliament shall amend the legislation regulating the activity of law enforcement institutions by establishing clear conditions for the use of force and special means along with the unconditional obligation of reporting the excessive use of force; Law enforcement institutions should develop domestic normative acts in accordance with the provisions of UN standards in the field of torture prevention, which will regulate in detail the conditions and limits of the application of physical force and special means; The Prosecutor General shall ensure that complaints regarding acts of torture and illtreatment that are not prima facie unfounded receive a prompt, impartial, and effective investigation in accordance with the Istanbul Protocol; Ensure training of medical and legal professionals in the use of the Istanbul Protocol and that medico-legal reports produced by non-state actors are afforded equal evidentiary value to those provided by government officials; The Government shall ensure that Article 15 of United Nations Convention against Torture (UNCAT) is respected and that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings; Improve the conditions of detention in police stations and prisons that bring them to conformity with Article 16 of UNCAT; Ensure that the Government implements the principles and recommendations of the Kyiv Declaration on Women s Health in Prison; Ensure that all victims of torture and ill-treatment have prompt access to appropriate rehabilitation services in accordance with HRC Resolution 22/21 and UNCAT General Comment No 3 to article 14; Ensure that all allegations of torture, inhuman and degrading treatment in psycho-neurological institutions and in psychiatric hospitals are efficiently investigated. In the process of adopting the final report, several states expressed their concerns about the situation related to torture and other cruel, inhuman and degrading treatment in the Republic of Moldova. For example, Norway expresses its concerns about the conditions of detention in penitentiaries, Portugal encouraged the state to improve the legislation in the field of torture prevention, Uruguay expressed its concerns towards the big number of complaints regarding the use of torture, Austria emphasised the lack of programs for the rehabilitation of victims of torture at national level 17, etc. The states gave the Government several recommendations in the field of preventing torture and other cruel, inhuman and degrading treatment, including: Improve the situation of prisoners in the country by implementing recommendations given by European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) after its visit in September 2015, like reducing the levels of violence and reducing the overcrowding in cells (Spain); Continue to make efforts to strengthen the legal framework in the field of combating torture (Irak); Take additional measures to strengthen the fight against torture and impunity by ensuring an impartial and efficient investigation of all these complaints (France); The state should ensure that all the complaints regarding acts of torture and ill-treatment are promptly and efficiently investigated in compliance with Istanbul Convention and ensure that a statement obtained by torture could not be invoked as evidence in any 17 Report of the Working Group on the Universal Periodic Review, Republic of Moldova, 21 December 2016, Web source: 13

15 proceeding according to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Germany); Ensure training in the field of preventing torture for police, prosecutors and judges and to refuse to accept the statements obtained by torture to be invoked as evidence during criminal proceedings (Czech Republic); Ensure a safe environment for human rights defenders that support the victims of torture, and provide the organisations that are engaged in rehabilitation of victims of torture with enough support (Austria). The Government committed to implement the majority of the given recommendations. Nonetheless, the Government took note of certain specific recommendations related to the observance of the right not to be subjected to torture of persons with mental disabilities, including the recommendation to adopt measures ensuring the protection against torture and forced hospitalization in psychiatric institutions (Portugal), although the UN Special Rapporteur on the rights of persons with disabilities Catalina Devandas-Aguilar drew attention in her report to the gravity of problem and required the Government to take urgent measures 18. Special Rapporteur on the rights of persons with disabilities concerning her mission in the Republic of Moldova According to the Resolution 26/20 of the Human Rights Council and at the invitation of the Government, the Special Rapporteur on the rights of persons with disabilities, Catalina Devandas-Aguilar paid a fact-finding visit to the Republic of Moldova during September The report was published on 2 February During her mission, the Special Rapporteur paid an increased attention to the situation of persons with disabilities that are hospitalised in institutions, especially in residential psychoneurological institutions and in psychiatric hospitals. The Special Rapporteur expressed her deep concern about the treatment of persons with disabilities, including women and children in such institutions. In her report, she mentions the shocking acts of ill-treatment, violence, including sexual and gender violence committed by staff members, as well as the neglect, detention, forced medication and isolation. The Rapporteur also was informed about practices like chemical and physical restrictions, as well as the isolation as a controlling measure or medication. The Rapporteur remarked that such practices violate the right of persons with disabilities not to be subjected to torture and other cruel, inhuman or degrading treatment. Various recommendations were included in the final report, including recommendations related to the observance of the right not to be subjected to torture or to other treatment,as follows : to ensure the professional training of public servants at national, regional and local level, including the training of the judicial and legislative system members regarding the rights of persons with disabilities and regarding the obligations arising from the Convention on the Rights of Persons with Disabilities that actively involve the organisations that represent the persons with disabilities; to establish an independent monitoring mechanism according to Paris Principles and Article 33 para. 2 of the Convention on the Rights of Persons with Disabilities, and ensure 18 The UN Special Rapporteur on the rights of persons with disabilities, Catalina Devandas Aguilar made a fact-finding visit to the Republic of Moldova during September 2015, Web source: 31%2062%20Add.2%20ro.pdf 19 The report of the Special Rapporteur on the rights of persons with disabilities concerning her mission in the Republic of Moldova of 2 February 2016, Web source: pdf 14

16 the full participation of the civil society, especially of organisations for persons with disabilities in monitoring and reporting processes; to ensure the efficient functioning of a national preventive mechanism against torture according to Article 18 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and prioritise the monitoring of psychiatric hospitals and residential institutions; to stop immediately any intervention or coercive treatment in the field of mental health or any other situations, without consent; to investigate and conduct the prompt and complete criminal prosecution of cases of human rights violation that are invoked by persons with disabilities and/or by their families, by whistleblowers and/or cases that are detected by the regulatory bodies. B. Council of Europe The CoE observations and recommendations that have similar status with UN ones. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment The Republic of Moldova ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment in The Committee for the Prevention of Torture was established on the basis of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 20. The Committee is based on the Article 3 of the European Convention on Human Rights which stipulates that No one shall be subjected to torture or to inhuman or degrading treatment or punishment. The CPT organises visits to detention places to assess the situation of prisoners. These places include penitentiaries, reeducation centres, centres of detention on remand of the Police, centres for immigrants, psychiatric hospitals, social shelters, etc. See Annex 6 Statistical data Republic of Moldova in CPT The last monitoring visit of the Committee to the Republic of Moldova was conducted during 14 September 25 September The monitoring visit had a periodic character. The report of the Committee was submitted to the Government on 6 April 2016 and published on 30 June In the published report the Committee stated the following key findings: A) The situation as regards the treatment of persons detained by the police in the Republic of Moldova had improved since the Committee s previous visit in The great majority of persons interviewed by the CPT s delegation, who had been or at the time of the visit were detained by the police stated that they had been treated correctly whilst in custody. However, the delegation did receive a number of complaints from detained persons concerning the excessive use of force by the police at the time of apprehension, without any 20 CPT, in short, Source web: DisplayDCTMContent?documentId= d bc05 21 Council of Europe anti-torture Committee publishes report on the Republic of Moldova, Web source: republic-of-moldova/-/asset_publisher/7rdlxg5v0ggl/content/council-of-europe-anti-torture-committee-publishes-report-on visit-to-the-republic-of-moldova?inheritredirect=false&redirect=http%3a%2f%2fwww.coe.int%2fen%2fweb%2fcpt%2frepublic-ofmoldova%3fp_p_id%3d101_instance_7rdlxg5v0ggl%26p_p_lifecycle%3d0%26p_p_state%3dnormal%26p_p_mode%3dview%26p_p_ col_id%3dcolumn-4%26p_p_col_pos%3d1%26p_p_col_count%3d3 15

17 16 grounds. The Committee also received complaints invoking physical ill-treatment during investigation and operative actions applied by operational officers, in order to extract a confession. The majority of the alleged ill-treatment consisted of slaps and punches. In certain cases, cases of manual strangulation were reported. B) Whilst acknowledging the progress made by the Moldovan authorities in recent years in combating police torture and ill-treatment, the CPT stresses the need for additional action to stamp out this phenomenon. Several recommendations were also made to reinforce the safeguards afforded to persons detained by the police, in particular as concerns the right to be granted effective access to a lawyer as from the very outset of deprivation of liberty. C) With the exception of Goian Penitentiary, no complaints were received by the Committee representatives from the prisoners about recent physical ill-treatment by staff in the prisons visited during the monitoring mission. At Goian Penitentiary, the CPT s delegation received a number of complaints from juvenile prisoners concerning physical ill-treatment by certain staff members of the Penitentiary. The alleged ill-treatment mainly consisted of slaps, punches, kicks and truncheon blows. The Committee recommends the Government to carry out effective investigations into these complaints. D) During the visit, the members of the Committee found evidence of cases of violence against various prisoners in Soroca Penitentiary, including evidence of violence in Rezina town and Chisinau municipality penitentiaries. The Committee noted that such a situation is largely linked to the well-established informal hierarchy among prisoners, which has been a long-standing feature of the prison subculture in the Moldovan penitentiary system. The delegation found numerous cases of beatings, threats and extortion by fellow prisoners, in particular at Soroca penitentiary. The CPT called upon the Moldovan authorities to take resolute action to prevent inter-prisoner intimidation and violence, in particular by taking effective measures to tackle the phenomenon of an informal prison hierarchy with all its negative consequences in the penitentiary system. E) As regards material conditions of detention in prisons, the Committee noted that the national standard of at least 4 m 2 of living space per prisoner was far from being met in most of the national prisons. The Committee stated that the levels of overcrowding had reached disturbing proportions in particular at Chisinau and Soroca Penitentiaries. According to the Committee, the material conditions in these two prisons were inadequate, also in many other respects (e.g. poor state of repair and hygiene, limited access to natural light, insalubrious sanitary facilities, infestation by vermin, etc.). In the Committee s view the described circumstances could be considered as equivalent to inhuman and degrading treatment. G) The Committee appreciated the improved conditions of detention in the juvenile unit at Goian Penitentiary. The delegation also appreciated the fact that juveniles detained in this establishment were offered general education classes, vocational training and various occupational activities, including sports and recreation. H) In relation to health care, the CPT was concerned to note that the contributions made by the Penitentiary Administration from its budget for the purchase of medications were insufficient, and the visited penitentiaries depended to a certain extent on the humanitarian aid and on prisoners families. During the monitoring visit the Committee visited the Balti Psychiatric Hospital and the Edinet Psychoneurological Home form Branzeni village. The report highlights the necessity to widen the range of therapeutic and occupational activities for patients/residents. The Committee stated that the staffing levels were grossly insufficient at Edinet Psychoneurological Home and recommended the immediate recruitment of staff. The report is criticised the legal safeguards

18 in the context of the involuntary placement of patients/residents in the above-mentioned institutions. The Committee recommended to take urgent steps to adjust the regulatory framework. According to the Article 10 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Government of the Republic of Moldova send responses to the observations submitted by CPT in its report that was developed after its last visit. The Response of the Government was published on 16 March 2017 on the Committee s website 22. The Response of the Government of the Republic of Moldova compiles informations provided by MIA (Ministry of Internal Affairs), DPI, GPO, MoH, MLSPF as well as the response of the Ombudsperson Office. The Government communicated that certain recommendations submitted by CPT that need more time to be implemented, will be included in the next document of human rights national policies. (NHRAP). Committee of Ministers The Committee of Ministers (CoM) is the decision-making body of the CoE. It is the representative forum of the governments of Member States of the Organisation. The CoM is made up of ministers of foreign affairs of the 47 Member States or permanent diplomatic representatives accredited by CoE. Among other attributions and competences, the CoM supervises the execution of the ECtHR judgements (according to Article 46 of ECHR) and the fulfillment of amiable regulation clauses be the governments of CoE Member States. At the end of 2016, 25 cases regarding the observance of ECHR in the Republic of Moldova were submitted to the CoM, which needs to monitor their execution (total number of 286 cases) 23. In 2016, the monitoring of the execution of 6 cases was stopped by the Committee. See Annex 7 Cases monitored by the Committee of Ministers 22 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 14 to 25 September 2015, Web source: th Annual Report of the Committee of Ministers, 2016, Web source: CTMContent?documentId= a3d 17

19 (III) NATIONAL STANDARDS A. National Law Constitution of the Republic of Moldova Article 24 Right to life and physical and mental integrity (1) The State guarantees every individual the right to life and physical and mental integrity. (2) No one may be subjected to torture or to any cruel, inhuman or degrading punishment or treatment. (3) The capital punishment is abolished. No one may be sentenced to such a punishment, nor executed. The Constitution of the Republic of Moldova 24 prohibits the torture and the cruel, inhuman or degrading punishments and treatment. The prohibition is absolute and extends over all people. Below is a list of several standards that need to be additionally regulated at national level. Standards on the use of physical force and special means The scope of application of physical force and special means is regulated by the Law on the application of physical force, special means and firearms 25. The Law sets the legal basis, the conditions and the limits (restrictions) of applying physical force, special means and firearms in order to standardize the legal and institutional framework for their implementation and to ensure an efficient control of the correctness of their use. So far, in the Republic of Moldova there is no unique classification of all the institutions that protect the rules of law depending on the types of special means and unique rules for their implementation. In order to enforce the Law on the application of physical force, special means and firearms at the level of security institutions, no institutional or departmental regulatory acts that would detail the procedures and the algorithm for applying physical force and special means were adopted. Standards for recovering the damages The legislation of the Republic of Moldova does not provide for special civil liability for acts of torture, inhuman and degrading treatment, while the persons guilty of committing these acts can be subjected to civil liability in general order, being liable to compensate the damages caused. The victims of the crime can require recovery of the caused damages by initiating civil proceedings in a criminal case or outside it. The civil actions in the criminal proceedings can be initiated at the request of persons who suffered moral and pecuniary damages, or, as appropriate, were damaged professionally directly by the act that is prohibited by the criminal law (action or inaction) or in connection with it. The injured persons requests for compensation for the psychological or physical injuries incurred may be filed to court based on the Law on the Repair of Damages Caused by Illegal 24 Constitution of the Republic of Moldova, 29 July Law No 218 of 19 October 2012 on application of physical force, special means and firearms, Web source: php?action=view&view=doc&id=345846&lang=1 18

20 Actions of Criminal Investigation Bodies, Prosecution and Courts of Law No 1545 of 25 February , and on the basis of the Civil Code 27. Standards for rehabilitation of victims of torture So far, the Republic of Moldova did not adopt legislative measures to ensure the material rehabilitation of victims of torture and inhuman or degrading treatment according to the standards set in the Article 14 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and in the General Comment No 3 of the Committee 28. Although on 29 July 2016 the Lawon Rehabilitation of Victims of Crimes 29 was adopted, it does not establish specific safeguards as set in the Article 14 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The general regulation of the Law that may be partially applied to the victims of crimes of torture refers to: Psychological counseling at the expense of the state (Article 9 of the Law); State-guaranteed legal aid (Article 11 of the Law); Financial compensations (Article 15 of the Law). B. National Policies The legislation of the Republic of Moldova sets certain standards in the field of protection against torture and ill-treatment. However, formal protection prescribed in the legislation insufficiently contributes to ensuring the full observance of this right at national level. The Moldovan Government adopted a number of public policies that seek to translate legislative protections into substantive outcomes, for example by adopting institutional regulatory acts regarding the use of physical power and special means. This section of the report summarises the most important of these policies. There is no public policy in the Republic of Moldova regarding the prevention of torture in general. Policies tend to focus on particular areas marked by the risk of application of torture or other inhuman or degrading treatment, or on the rights of certain groups of vulnerable persons. There are areas in which the prevention of torture is not regulated through specific policies. For example, there is no public policy regarding persons with mental disabilities a deficiency that has been noted by the UN. The weight given to national policies and the extent to which the government implements their recommendations varies. In some cases, the Government appears to support their implementation in principle but without allocating the necessary funds or personnel. In others, policies and plans are so broadly stated and vague that it is difficult to find out whether an objective or an action was executed or implemented. 26 Law on the Repair of Damages Caused by Illegal Actions of Criminal Investigation Bodies, Prosecution and Courts of Law No 1545 of 25 February 1998, Web source: 27 Adopted by the Law No 1107 of 6 June 2002 Published on 22 June 2002 in the Official Gazette No 82-86, Web source: md/325085/ 28 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, General Comment No 3 of the Committee against torture, CAT/C/GC/3, 19 November Law No 137 of 29 July 2016 on Rehabilitation of Victims of Crimes, Web source: lang=1&id=

21 Action Programme of the Government of the Republic of Moldova for The Action Programme of the Government of the Republic of Moldova for set various objectives in the field of justice and human rights from which arise certain actions regarding the prevention of torture, the inhuman and ill-treatment, and regarding human rights in the Transnistrian region, including: Undertake actions in order to ensure the observance of human rights in the Transnistrian region and the free movement of persons, goods and services between the two banks of the Nistru River; Work out and implement the Action Plan on Human Rights for Implement the recommendations given to the Republic of Moldova by the UPR Mechanism of HR. Observe the rights of persons in jails, prevent and combat torture, improve the system on their rehabilitation. Reorganise medical services in penitentiaries; Improve detention conditions, including by reconstructing the present penitentiaries, building new penitentiaries and launch the construction of arrest houses; Improve the process of timely execution of decisions of the ECHR and decisions by arbitration at national level. National Human Rights Action Plan The NHRAP was approved on 12 May 2011, and replaced the NHRAP It was a general public policy regarding human rights in the Republic of Moldova and it included objectives and indicators regarding the prevention of torture and inhuman or ill-treatment. The NHRAP 2011 proposed a variety of reforms aimed at strengthening institutional mechanisms to prevent and combat discrimination, including: to investigate effectively any incidents of torture and other ill-treatment; to strengthen the capacities to prevent and combat torture and other ill-treatment; to improve the rapid and efficient examination mechanism of complaints regarding acts of torture or other ill-treatment; to reduce the incidence of cases of torture and other ill-treatment applied to persons held in the custody of criminal prosecution bodies; to reduce the incidence of cases of torture and other ill-treatment in psychiatric institutions; to strengthen the National Preventive Mechanism against Torture; to provide the victims of acts of torture and other ill-treatment with qualified legal aid to rehabilitate the victims of torture and other ill-treatment; to raise the public awareness regarding the phenomenon of torture and other ill-treatment. The measures proposed in the NHRAP 2011were partially implemented. Here are several of the most important actions of NHRAP 2011 that were implemented: Considering the opportunity to amend the criminal legislation in order to exclude the limitation period for torture offences or other ill-treatment. Amending the criminal legislation to the international standards Activity Program of the Government of the Republic of Moldova, Web source: government-activity-program National Human Rights Action Plan (NHRAP), Web source: 20

22 There are important actions included in NHRAP 2011that were not implemented for example, establishing the protection service for patients in psychiatric institutions by providing a lawyer in the staffing table of psycho-neurological homes. In addition, a lot of actions set in the Plan that concern torture prevention were formulated in very general terms, were not provided with impact indicators and clear assessment mechanisms of the implementation level 32. In 2016 the MoJ adopted the intermediary draft NHRAP for The Plan comprised a range of actions in the field of prevention of torture and ill-treatment, including: to strengthen the Police capacities in preventing and combating corruption, torture, degrading treatment and abuse on duty; to ensure the appropriate conditions for prisoners, consistent with international standards. Build detention institutions; to increase the security level in penitentiaries; to train the staff in penitentiaries regarding human rights, ill-treatment prevention, professional ethic, criminal and disciplinary mechanisms promoting the zero tolerance for ill-treatment policy. Although the period of implementation of the intermediary Plan expired, a report on the implementation of the intermediary Plan is currently not available on the MoJ website. In December 2016, the Ministry of Justice established the Working Group for the development of the National Human Rights Action Plan (NHRAP III) 34. NHRAP III will comprise the UPR recommendations as well as of other international human rights monitoring mechanisms. The first draft of the Plan was developed at the end of February The Plan is going to be a subject to public consultations 35. Penitentiary System Development Strategy The Government Decision No 1462 of 30 December 2016 approved the Penitentiary System Development Strategy and the Action Plan for its implementation 36. The Penitentiary System Development Strategy is a policy document of sectoral importance. The new Penitentiary System Development Strategy was developed in the context where the previous policy document regarding the Concept of reforming the penitentiary system for was out of date and did not include new significant initiatives 37. The Penitentiary System Development Strategy is focused on six major intervention areas: organization/management in the prison system; human resources management of the prison system; the prison infrastructure to improve detention conditions; 32 Assessment Report on the Implementation National Human Rights Action Plan (NHRAP), Web source: md/public/files/drepturile_omului/raport_pnado_2013_apc.pdf Draft Intermediary National Human Rights Action Plan (NHRAP), Web source: php?l=ro&id=2893&idc= Information regarding the Working Group for the development of the National Human Rights Action Plan (NHRAP III), Web source Planului_naional_de_aciuni_in_domeniul_drepturilor_omului_pentru_anii_ _PNADO_III.pdf 35 Announcement regarding the launching of public consultations about the National Human Rights Action Plan, Web source: gov.md/pview.php?l=ro&id= Penitentiary System Development Strategy, Web source: decizional/coordonare/2016/aprilie/strategia_de_dezvoltare_a_serviciului_penitenciar_din_republica_moldova_2016_-_2020_v180416_ SD_CV.PDF 37 Concept of reforming the penitentiary system for , Web source: ustice.gov.md/file/.../concepţiei%20reformării%20 sistemului%20penitenciar.doc 21

23 22 preparing for social reintegration of prisoners; safety in prisons; healthcare services of inmates. The Strategy is going to be implemented during 4 years, from 2017 to 2020 on the basis of an Action Plan structured according to the strategic objectives, measures, activities, results, terms, responsible persons, and assessment instruments. The Action Plan shall be reviewed annually in order to ensure the necessary level of flexibility in implementation and in offering an immediate response to the changes in the system which should not significantly affect the aim of the Strategy, unlike the Concept of Developing the Penitentiary System which was not reviewed during the implementation. The first assessment report will be developed by the end of 2017 on the basis of the annual reports, submitted by the institutions responsible for the implementation and will comprise the degree of fulfillment of the objectives and actions proposed during that period as well as the level of the achievement of impact indicators. Considering that the Strategy was adopted belatedly and that the Plan contains actions that were to be implemented in 2016, the report should be developed for a two-year period. This will allow to identify the factors that influenced the successful or unsuccessful conduct of the expected activities. The following relevant actions regarding the prevention of torture, degrading and inhuman treatment in the penitentiary system were included in the Action Plan for the Implementation of the Strategy: to identify the actual needs of the penitentiary institutions in order to ensure the enforcement of custodial sentences according to their purpose; to identify new spaces or rooms that could be rehabilitated and arranged for prisoners detention; to build a new detention institution by: finalising the construction of the preventive detention isolator in Balti with a capacity of 650 places, starting, building, finalising and putting into service the new penitentiary in Chisinau intended for persons held in preventive detention, starting building a new penitentiary to replace Soroca Penitentiary no 6; to renovate the detention institutions by: allocating financial resources needed to renovate and maintain the buildings, renovating a new detention block in Leova Penitentiary No 3, rehabilitating the security infrastructure and support walls of Goian Penitentiary no 10, rebuilding a sector of 300 places at Cahul Penitentiary no 5, rebuilding 2 system blocks at Rezina Penitentiary no 17; to review the regulatory framework in order to introduce the progressive system of punishment execution; to standardize the procedures specific to the detention security by developing the system of standards and procedures on the detention security (Procedures Guide and other specific procedures); to develop the capacities of intervention in crisis and emergency situations (critical incidents, fire, floods, earthquakes); to implement a Program in order to reduce violence in penitentiaries; to reorganise the living spaces by refurbishing the smaller living spaces and areas; to establish the unit in charge of the management of medical services provided to prisoners; to strengthen the capacity of the unit in charge of the management of medical services provided to prisoners;

24 full funding the expenses for healthcare provided to prisoners; to develop the capacity to provide healthcare to prisoners; to accredit the healthcare services provided in penitentiary systems. The adoption of the Penitentiary System Development Strategy is one of the general measures executed by the Government following the ECtHR judgements. Police Development Strategy The main objective of the Police Development Strategy is the development of the internal affairs system of the Republic of Moldova by providing a professional and efficient police service, neutral from a political point of view, which performs its duties in the interests of the citizen and of the community, ensuring the compliance with the law, with the fundamental human rights and freedoms as well as the legal and social protection of Police officers 38. The Strategy comprises 5 basic objectives. One of them is to promote and implement the principle of zero tolerance of corruption, discrimination and ill-treatment in the Police activity. The following relevant actions regarding the prevention of torture, degrading and inhuman treatment in Police were included in the Action Plan for the Implementation of the Strategy: to ensure compliance with international human rights standards upon apprehension and other operational measures and promoting a correct approach in relation to children and gender issues; to eliminate all abuse and ill-treatment measures and practices, including discrimination against minorities or people with special needs; improve conditions in temporary detention facilities and interrogation rooms in accordance with international human rights standards. to create conditions to carry out the criminal prosecution proceedings in accordance with the legal provisions; to improve conditions in the temporary detention facilities of the Police in accordance with EU standards; to improve conditions for the transportation of the apprehended/arrested persons during the criminal prosecution; to ensure compliance with the international human rights standards upon apprehension and operational measures; to establish a partnership between the GPI and representatives of the civil society to monitor and assess the cases of ill-treatment, abuse and discrimination in the Police sector; to establish and develop the system of reviewing the complaints against Police staff on acts of discrimination and ill-treatment in the Police activity. 38 Police Development Strategy , Web source: 23

25 (IV) SUMMARY OF THE VIOLATIONS FOUND BY THE EUROPEAN COURT OF HUMAN RIGHTS IN MOLDOVAN CASES IN 2016 According to the last ECtHR activity report, 23 judgements were issued in 2016 in respect of the Republic of Moldova. ECtHR found 31 violations of the Convention. 23 of them (74%) refer to two articles of ECHR Article 3 (prohibition of torture) and Article 6 (the right of a fair trial) 39. In 25% of the judgements issued, ECtHR found the violation of Article 3 of the Convention. In 2016, ECtHR decided to award the amount of EUR 126,860 as just satisfaction. It is estimated that during the next period various judgements and decisions will be issued in cases of violation of Articles 3 and 13 of the Convention regarding the bad conditions of detention and low-quality healthcare. See Annex 8 List of ECtHR judgements in 2016 which found the violation of the Article 3 of the Convention 39 Activity Report 2016 of the European Court of Human Rights (ECtHR), Web source: &c=#n _pointer 24

26 CHAPTER II. MAJOR CHALLENGES (I) INVESTIGATION OF TORTURE AND ILL-TREATMENT In the Republic of Moldova all torture offences are investigated by prosecutors. The new structure of GPO was approved by the Parliament Decision No 77 of 4 May 2010, which at that time envisaged the establishment of the Torture Combating Department. This Department operates since 24 May According to the Regulation of the GPO, this department organises and coordinates the subdivisions of the GPO in combating torture, checks compliance with the legislation during the investigation of ill-treatment, conducts criminal prosecution on the basis of the Order of the GPO, analyses the state of affairs and generalizes the practice regarding the investigation of illtreatment and provides practical and methodological assistance for prosecutors in investigating ill-treatment. The Order No 261/11 was repealed by the order of GPO No 90/8 of 2 November 2010, and the territorial prosecutors were obliged to appoint a prosecutor to investigate cases of ill-treatment. It cannot be a prosecutor that is related with the activity of MIA employees. The last condition is not always respected because of the small number of prosecutors in many sector prosecutor s offices. By the same Order, prosecutors were obliged to notify within 24 hours the Torture Combating Department about any submitted notification about ill-treatment. In December 2016 four prosecutors were working in the Torture Combating Department. According to Order No 587 of 27 March 2016, the Torture Combating Department is a part of the Criminal Prosecution Department. The information presented by the GPO regarding the notifications of torture and ill-treatment confirm that these actions continue to be applied by law enforcement bodies. According to the above mentioned information, 622 complaints were received from citizens during 2016 regarding torture and ill-treatment, compared to 633 complaints registered in 2015, i.e. by 11 cases less. Following the examination of the registered complaints, the prosecutors started the criminal prosecution of 107 cases, compared to 113 criminal cases in the past year, i.e. by 6 cases more 1. The figures presented in Annex 9 emphasize the circumstances according to which during more than 80% of the cases regarding ill-treatment were closed with an order of termination of the criminal prosecution, meaning that these cases were examined on the basis of the Article 274 of Code of Criminal Procedures. See Annex 9 Number of criminal cases initiated during in relation to torture acts According to the Code of Criminal Procedures, the criminal prosecution starts with the issuance of an order by the criminal prosecution body. In the majority of cases, such orders are not issued 1 Report on the Activity of the Prosecutor's Office in 2016, Web source: Procurorului%20General%202016_3.pdf 25

27 and the complaints are rejected on the basis of a brief investigation conducted on the basis of Article 274 of the Code of Criminal Procedures. It seams that judges and prosecutors do not make a priority of cases of ill-treatment. The duration of the criminal prosecution and of examination of this category of cases in the court is still a problem. At the beginning of 2015, 131 criminal cases on ill-treatment were pending in the Prosecutor s Office, by the end of the same year the number of criminal cases was 118, but only 31 were transmitted to court. It is to be noted that the cases related to ill-treatment that were reopened after ECtHR proceedings, are still under criminal prosecution after more than four years since reopening the procedures. At the end of 2016, on the basis of Article 166/1 of the Criminal Code, 27 criminal cases involving 53 persons were pending in courts of first instance. During the reporting period, on the basis of Article 309/1 of the Criminal Code, the courts of first instance pronounced 5 sentences involving 11 defendants and all of them were police officers, in addition 2 conviction sentences wee pronounced regarding 6 police officers and 2 of them were convicted with prison sentence with execution and other 4 police employees were convicted with prison sentence with the application of Article 90 of the Criminal Code with conditional suspension of punishment for a probation term. The deprivation of the right to work with the MIA during different terms, which is a complementary punishment, was applied to 5 convicted police officers. At the end of last year, on the basis of Article 309/1 of the Criminal Code, criminal cases were still pending in courts of first instance, which generates concerns related to the term of the trial of the case. (II) INVESTIGATION OF ABUSES IN THE PSYCHIATRIC INSTITUTIONS At national level, there are not any special provisions related to the investigation of cases of torture and inhuman or degrading treatment in the health care or residential institutions of any type, including in the psychiatric institutions. In case of ill-treatment actions committed in the psychiatric institutions, the investigation takes place on the basis of the general regulatory framework, constituted mainly of the Criminal Code and Code of Criminal Procedures and other special laws. Some regulations linked to the observance of the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment in the psychiatric institutions are included in the Law on Mental Health 2. Nonetheless, none of the provisions of the law are related to the prevention or fight against torture in the penitentiary institutions and only Article 5 sets out general guarantees on the rights of persons who suffer from psychical disorders. Many studies and reports were developed over the last years, analysing the national legal framework on the investigation of torture and inhuman or degrading cases in the psychiatric institutions 3. Also, the key issues in this area were found by the UN Special Rapporteur on the rights of persons with disabilities, Catalina Devandas-Aguilar, who visited the Republic of 2 Law No 1402 of 16 December 1997, Published on in the Official Gazette No 44-46/Article 310, Web source: md/viewdoc.php?action=view&view=doc&id=312970&lang=1 3 Preventing and combating torture in residential and neuropsychiatric institutions - Analysis of the national legal framework and international standards, author: Dumitru Sliusarenco, Web source: Proiect_Raport_legislatia_nationala_tortura_in_institutii_psihiatrice_draft_27%2011%202015_2.pdf 26

28 Moldova during September The key issues linked to the investigation of ill-treatment in the psychiatric institutions refer to: refusal to start investigations following the submission of complaints by the mentally disabled persons or related claims and the inefficient hearing of victims, witnesses and other persons; the impossibility of psychological suffering assessment of victims of torture and inhuman or degrading treatment in the psychiatric institutions. Refusal of the criminal prosecution body to start a criminal case following the submission of complaints by persons held in psychiatric institutions seems to be caused by the mental health condition of women and men hospitalised in the psychiatric institutions and by the stereotypes and prejudices related to them. Most of the complaints and declarations of persons hospitalised in psychiatric institutions are deemed false, invented or exaggerated. In such cases, some prosecutors declare that they cannot check the allegations about the possible abuses invoked in the psychiatric institutions due to the lack of credibility of victims, lack of credibility of witnesses or the lack of other evidence. The prosecutors and investigators are currently lacking for a special preparation program on how to investigate the acts of torture in psychiatric institutions. Consequentle, the prosecutors and investigators lack sufficient knowledge about the peculiarities of the work with persons with psychosocial and intellectual disabilities. For most of prosecutors and investigators it is practically impossible to understand which of the declarations are real and which are not, and this issue is doubled by the stereotypes and prejudices related to the mentally disabled persons. The Republic of Moldova adopted several special regulatory acts aiming at enhancing the investigation activity of torture and inhuman or degrading treatment, but none of these documents regulate the investigation activity of torture acts in the psychiatric institutions. Thus, the prosecutors and investigators are currently lacking some clear instructions on how they should investigate these cases and they are guided by general provisions, most of which do not cope with the peculiarities of the reference area. Attracting a psychologist in the criminal prosecution of cases linked to the use of torture against persons with psychosocial and intellectual disabilities is very difficult. Neither the Code of Criminal Procedures, nor another legislation offers the investigators the opportunity to attract in the investigation a psychologist or another specialist in the area to assist in hearing the victims or to assess the victims condition in this process and the credibility of provided information, except for hearing minors in the conditions laid down by Article of the Code of Criminal Procedures. Assuming the existence of such legal provisions, it seems that at national level, each territorial administrative unit lacks specialists who could involve in the criminal prosecution. A legislative impediment in the investigation of acts of torture and inhuman and degrading treatment in the psychiatric institutions is the erroneous interpretation of Articles 58 (5 1 ), 60 (1 1 ) and 143 (3 1 ) of the Code of Criminal Procedures, stating that the person in respect of whom an act of torture, inhuman or degrading treatment is claimed, must be subjected to an expertise to find the psychical or physical condition. The purpose of modifications to the Code of Criminal Procedures on the mandatory examination was to offer the victims the opportunity to assess their physical and psychological suffering, but this mechanism has an adverse effect in the context of torture in the psychiatric institutions and puts victims at a disadvantage, where, due to the discriminatory attitude to actors involved, is assessed the person s legal capacity rather than his/her real suffering and psychological effects of the acts of torture and inhuman and degrading treatment to which they were subjected. 27

29 As a result, a large part of the complaints lodged by the persons hospitalised in the psychiatric institutions are not taken seriously, are ignored or examined superficially, which leads to an inefficient investigation of acts of torture in the psychiatric institutions. The new Law on forensic examination and the statute of the expert review do not provide the psychological forensic examination either 4. Although, the Code of Criminal Procedures offers the participants the opportunity to perform an examination on their own, which would also suppose a psychological examination to private experts or examination centers, the insufficiency of legal provisions in the area and the practice already created either exclude the psychological examination as a means of proof in judicial processes, or offers it a low value. Thus, the victims of torture in the psychiatric institutions could theoretically obtain a report of psychological assessment from a private expert or specialised centers providing such services, due to the fact that the alternative forensic examination doesn t have a clear legislative regulation and is not appreciated in the criminal process at the same level as the forensic examination, the efficiency of such assessment reports is practically the lowest. At monitoring institutions level, following the Decision No 384 of 2012 of MoH, the Independent Service for the Protection of Human Rights in the Psychiatric Institutions became operational in There are currently concerns about the durability of this service. The Independent Service for the Protection of Human Rights in the Psychiatric Institutions is not operational since 2016, and the MoH did not announce a public competition for selection of a new Ombudsperson. All the loopholes require the legal framework on the forensic examination to be adjusted, the psychological examination to be enacted as forensic examination, the psychological examination by a single state authority to be de-monopolized, the alternative forensic examination to be regulated and the regulatory framework on the specter of testings and evaluations that are to be applied to victims to be adopted, etc. The lack of solid trainings of prosecutors and other persons involved in the criminal prosecution of cases of torture, the impossibility to involve in this process specialists that would facilitate the hearing of persons with mental disabilities and the lack of a regulatory framework that would target the psychological examination, have as direct effect the inefficient investigations, which, respectively, cannot secure the fight against torture and inhuman or degrading treatment in the psychiatric institutions. (III) HEALTH CARE INTERVENTIONS AND FORCED MEDICAL TREATMENT IN THE PSYCHIATRIC INSTITUTIONS The Republic of Moldova has not ratified the Optional Protocol to CRPD yet. Although the ratification of the Protocol was planned for 2016, this wasn t achieved. The development of the legislation on disability progressed following the Covenant ratification. Nonetheless, a specific legislation and an adopted institutional regulatory framework for the protection of people with mental disabilities, in the context of medical interventions and forced medical treatment in psychiatric institutions, do not exist. UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, examining the need to apply protection standards against torture in the health care institutions, set out that any involuntary treatment or other psychiatric interventions in the health care psychiatric institutions are a form of torture and inhuman or degrading treatment. 4 Law No 68 of on forensic examination and the statute of the expert review, Web source: 28

30 Thus, the authorities commit numerous abuses and violations under the pretence of good intentions. In most cases, the administration, the health or auxiliary workers think that their deeds are in the best interest of patients and are not aware about the seriousness of their actions or use it as justification. In both cases, regardless of the intention and awareness of committed abuses, these can be seen as a torture form or inhuman and degrading treatment if they had as effect the humiliation and punishment of the persons in a way contrary to the torture definition. Article 11(1) of the Law on Mental Health establishes that providing persons with psychiatric disorders with treatment is only possible upon their free written consent. Nevertheless, the Article also sets forth certain exceptions in Article 11(4), which are about two situations: (a) applying coercive medical measures in compliance with the Criminal Code, and (b) in case of admission to hospital without free consent in compliance with Article 28. Article 28 also establishes the conditions for the hospitalization of a person with psychiatric disorders without his/her free consent or that of a representative until a court judgement is issued. Thus, to admit to hospital persons without their free consent, certain conditions need to be met: (a) the possibility of out-patient treatment has to be ruled out; (b) the psychiatric disorder is severe; (c) direct social danger; and (d) severe damage to own health unless psychiatric care is provided. The first two conditions have to be met cumulatively, whereas the law does not require the last two of them to be met cumulatively. Accordingly, if it is found that a person is a danger to oneself or other persons and has a severe condition that cannot be treated through out-patient care, the person can be admitted to a psychiatric institution by force. Criminal Code sets forth in Article 99 the medical coercive measures, which can be of two types: (a) the hospitalisation in a psychiatric institution with ordinary supervision and (b) hospitalisation in a psychiatric institution with strict supervision. If following the application of some medical coercive measures the hospitalisation without free consent of persons can offer some guarantees related to the need and correctness of the use of forced treatment due to the existence of judicial proceedings in which it is alleged that the need for such a measure has been examined, then, in case of forced hospitalisation until a court judgment is issued, we cannot talk about such guarantees, which exposes one to the danger of major abuses. At the same time, the norm provided for in Article 28 of the Law on Mental Health is in conflict with the Convention on the Rights of Persons with Disabilities (Articles 14 and 15) and with the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Article 1). Especially, this norm is abusive because of its arbitrary nature and because it somewhat deprives persons with intellectual disabilities of freedom as there is no substantiated decision of a competent authority, but also because of the administration of treatment by force for quite a long period of time. Pursuant to Article 31 of the Law on Mental Health, the person hospitalised without his/her free consent, must be subjected to an examination in the first 48 hours by a commission of psychiatrists of the inpatient institution. This commission will decide if the hospitalisation of the persons is a need, issuing a notification in this respect. If the commission finds that the hospitalisation isn t needed, the person will be free to go, but if it is found necessary, the same commission will transmit the notification within 24 hours to the court within the jurisdiction of which the inpatient psychiatric institution is situated, to decide the subsequent stay of the person in the inpatient institution. According to Article 33, the request of hospitalisation in the psychiatric inpatient institution without the free consent is examined by the judge during 3 days from receipt. Thus, a person with psychical disorders can be legally deprived of freedom during 72 hours until the notification is issued by the commission of psychiatrist and 3 more days, during which the judge will examine 29

31 the forced hospitalisation request. During this time, the person hospitalised without his/her free consent will be treated by force and even though at the end he/she can persuade the court that the forced hospitalisation in unneeded, the damage to the physical and psychical condition can be irreversible. In 2016, Article 33(3) suffered some positive amendments. According to the legal normal, in new edition, upon the examination of the application for hospitalization in the psychiatric inpatient institution, without the free consent, the participation of the representative of the psychiatric inpatient institution requesting the hospitalization and of the legal representative of the person whose hospitalization issue is examined or, as the case may be, of other interested persons (the representative of the public association that defends the interests of the persons suffering from psychiatric disorders, the lawyer) is mandatory 5. Articles 152 and 490 of the Code of Criminal Procedures lay down the possibility of forced hospitalisation of the suspect, accused or defendant under arrest in the health care institution to execute the psychiatric examination without a check and control mechanism. Thus, if the suspect, accused or defendant who is already under arrest rise suspicion of suffering from certain mental problems, he/she is transferred to the psychiatric institution for an indefinite period of examination until the medical institution finds improvement in his condition. These provisions are contrary to Article 5 of the Convention for the Protection of Human Rights and Article 14 of the Convention on the Rights of Persons with Disabilities. The legislation of the Republic of Moldova does not regulate expressly how the drugs used for the psychiatric treatment are administered, according to Article 11 of the Law on Mental Health, the final decision on the type of drugs and their administration belongs to doctors. Several studies found cases of abusive application of drugs 6. In such situation, there is a risk that the person is given sedatives, neuroleptics or other powerful drugs with side effects that may affect the health condition and awareness. In this way, there is a risk that until the court examines the case, the person is physically unable to present or fully or partially unaware of what is happening. The Special Rapporteur on the extreme poverty and human rights, Magdalena Sepúlveda Carmona recommended expressly the review of standards that allow to detain people in mental health institutions due to their mental health and coercive interventions or treatment in a mental health institution, without the free and informed consent of the treated person. In addition, the Commission for economic, social and economic affairs (E/C.12/MDA/CO/2, para. 6) and the Commission for Elimination of all Forms of Discrimination against Women (CEDAW/C/MDA/CO/4-5, para. 37), lack disaggregated data related to persons with disabilities in the Republic of Moldova. The only available data relate to the sex and age, on the basis of administrative records of the National Social Insurance House. Due to the lack of data, the total number of persons with disabilities in the country is unclear, and the socio-economic situation, the employment status, specific conditions, family context and residence area, as well as the impediments faced by the society, are very unclear. 5 Article 33(3) amended by LP152 of , MO / , Article 517; in force since , Web source: viewdoc.php?action=view&view=doc&id=312970&lang=1 6 Report of the Institutional Ombudsperson of the Psychiatric Hospitals on the observance of the patients rights in the psychiatric hospitals during April September 2012, Web source: 30

32 (IV) CONDITIONS OF DETENTION IN PENITENTIARIES A. General information Currently the prison system consists of the Department of Penitentiary Institutions, 19 prisons, including 2 prisons with suspended activity, 4 specialized institutions (Guard, Surveillance and Escort Troops Division, Training Center, Special Intervention Team, Center for Technical and Material Supply) and 9 state enterprises of the penitentiary system. In the penitentiary system, the prisoners are held in closed penitentiaries (11 institutions, of which 5 have the status of Criminal Prosecution Pre-Trial Detention Facility); semi-open penitentiaries (3 institutions); one penitentiary for women; one penitentiary for minors; a prison hospital 7. The current regulatory framework allows to create in a penitentiary system several distinct detention sectors, respecting the requirements provided in the Enforcement Code of the Republic of Moldova No 443-XV of 24 December According to the information provided by the DPI, the total number of employees in the penitentiary system is of 2,920 persons, with an annual work remuneration fund within the allocations, approved by the State Budget Law for the corresponding year. The penitentiary system budget for 2016 accounted for about MDL million, which is 0.40% of the GDP or 1.05% of the national public budget. During the share of the national public budget varied from 0.76% to 1.08%. During the last nine years, the expenses for the penitentiary system sector had a fluctuating trend, reaching a peak in 2014, when the amount of expenses grew up to about MDL million, by MDL million more than in Most of the budget expenses, which in 2010 reached 66.35%, relate to the staff. Expenses for the food provided to prisoners ranged between 7-11% during The share of capital investments in the total expenses during the last nine years was between 0.20% in 2009, 6.41 in 2014 and 2.3% in According to the situation as of 1 April 2017, the detention ceiling was of 8,654 places. As of this date, the penitentiary institutions held 7,876 persons, compared to 8,121 persons during the same period of the last year 9. B. Overcrowded penitentiary system Despite all the efforts to humanise the criminal legislation regarding the decrease in sentences, the rate of population imprisoned in the Republic of Moldova in 7 Department of Penitentiary Institutions, Organisational structure, Web source: 8 The Enforcement Code of the Republic of Moldova No 443-XV of 24 December 2004, Web source: php?id=7815eb1b:e68465d1 9 Information on the number of prisoners detained in the penitentiaries of the Republic of Moldova as of 1 April 2017, Web source: penitenciar.gov.md/ro/statistica 31

33 2016 constituted prisoners to 100,000 inhabitants, which largely exceeds the European average, by about 140 prisoners 11. In January 2016 this rate exceeded the level of 2008, with 8,054 prisoners, of which 1,720 remand. During the period of about 14 years ( ), the dynamics of people from penitentiaries has seen diverse variations. From 10,925 persons in 2003 to 6,324 in With growth trends by about persons annually since 2011 until now. Given the constant trend of increasing of the number of the penitentiary population in relation to the actual hosting capacity of the penitentiary system by about 5,500 places, we register an overcrowding of over 40% of detention facilities. Respectively, most prisoners are detained in overcrowded conditions, which is the main factor leading to detention under conditions contrary to the national standards and contrary to the purpose of the deprivation of liberty. About 8,000 citizens of the Republic of Moldova are now in the custody of the penitentiary system, of which about 20% are remanded, 6% are women and 1% minors. Only 3 of the 17 functional penitentiary institutions were renovated and correspond to the minimal standards of detention (Rusca Prison No 7, Goian Prison No 10 and Taraclia Prison No 1). The obsolete infrastructure unadapted to the system of cells does not allow to separate prisoners in small sectors, and the insufficient number of custodial staff, lead to continued violence and subculture in penitentiaries. CPT criticised intensively the phenomenon of bullying and illtreatment of some categories of prisoners. In addition, the unofficial hierarchy, ruled by its own rules and its interaction with criminal groups outside the penitentiary system threatens the safety of the entire society. 10 Calculations on the basis of new Population Census data, Web source: 11 World Prison Brief data, Web source: 32

34 Overcrowding is caused by the fact that the national legislation does not provide functional mechanisms of execution of penalties in the community for prisoners motivated to change themselves and observe the law. Alternatives to imprisonment proved to be much more efficient for the offenders with a medium to low risk. In most of the European countries, various forms of execution of sentence are implemented, such as the execution of the full or partial term in the open penitentiaries, in treatment centers, at home with or without the electronic monitoring and in the community under special conditions. Besides the long period imprisonments, the overcrowding is caused by the reduced number of conditionally released persons. In the Republic of Moldova is found a significant drop in the number of persons on probation, from 1,570 in 2007 to 335 in 2016, even though the Council of Europe promotes this solution to enhance the public safety and reduce the prisoners de-socialisation. The rate of admissibility of requests from instances decreased from 73% in 2007 to 41% in 2016, which can be explained by the additional conditions that the prisoners must meet to be eligible for the probation before term, introduced in the legislation during the last years for the release on probation before term 12. In the European countries, on average, one person in three is released on probation. In Moldova, the rate of releases on probation dropped in total from 40% in 2008 to 18% in 2016, compared to Romania, where, during the last five years, over 75% of the total number of releases are on probation. Releases from the penitentiary, replacing the non-executed party of the sentence with a lighter sentence represented only 1-2% of the total releases during in Moldova. Although the humanisation of the criminal policy is a goal provided for in the Pillar II of the Justice Sector Reform Strategy, the changes introduced during the last years, however, had an adverse effect 13. A number of 35 new crimes were introduced, over 100 of crimes reclassified, and most of the changes to the Criminal Code led to punitive punishments. In the Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, published following the visit of September 2015, the delegation noted: the national standard of at least 4m2 of space for a prisoner was far from being observed in most of the penitentiaries we visited, especially in the penitentiaries in Chisinau and Soroca, the level of overcrowding reached concerning proportions. Material detention conditions in these two penitentiaries were inadequate, in many respects (for example: bad or very bad repair and hygiene, limited access to natural light, unsanitary facilities; parasitic infestation, worn and dirty mattresses, etc.) and according to CPT, these can be deemed the same as inhuman and degrading treatment. The situation related to the penitentiary population degrades. In the Council of Europe Expertise Report, Moldovan authorities mentioned the legislative changes that were introduced in the Criminal Code in 2008, which led to the constant decrease in the penitentiary population, reaching 6,500 in In the same year, the whole penitentiary system detained 7,890 prisoners. The penitentiary population, in general, is currently exceeding the number of existent places, which is confirmed by the last CPT report as well. Committee noted that since the last visit in 2011, the penitentiary population grew up by about 1,300 prisoners and that the rate of imprisonment in the Republic of Moldova, of 220 prisoners per 100,000 inhabitants, is one of 12 Agency for Courts' Administration, General reports, Web source: 13 Law No 231 of 25 November 2011 approving the Justice Sector Reform Strategy for , Web source: 33

35 the highest in Europe 14. Under these circumstances, the investment of considerable amounts in the penitentiary infrastructure is not a solution. First of all, the legislations and the practices in force related to the temporary detention, to the sentence delivering, as well as to the multitude of non-custodial punishments available, need to be revised. This method is indicated by the Recommendation No R (99) 22 of the Committee of Ministers concerning prison overcrowding and prison population inflation 15. This is also confirmed in the last report of the CPT, which requires from the 47 Council of Europe Member States to use the remand detention only as a measure of last resort and in adequate conditions. The finding is made in the context of the fact that during the visits to the prisons in Europe, the CPT has often found that prisoners have very poor conditions and a poor regime 16. C. Health care in the penitentiary system Health care in the penitentiaries is guided by the same ethical principles as in the community. The main principles are set by the World Medical Association s Declaration of Geneva (1948, the last version in 2006), the International Code of Medical Ethics (1949, last version in 2006), Decision No 37/194 (of 18 December 1982) of the United Nations General Assembly and the Recommendation No R (1998) 7 of 8 April 1982 of the Committee of Ministers of the Council of Europe on aspects of ethics and organisation of the health care in the penitentiaries 17. The State is in charge of providing health care services for prisoners. Prisoners should benefit from the same health standards as the community does and dispose of free access to the necessary health care services without discrimination based on their legal status 18. In the national penitentiary system, the health care is provided under the general health care legislation and under the Regulation on ensuring health care to persons from penitentiaries 19. According to this Regulation, any penitentiary should ensure health care at least by a general doctor, a dental doctor, a gynecologist (in the women penitentiaries) and a psychiatrist, and in penitentiaries with at least 100 places must function, permanently, an inpatient rehabilitation center for the provision of health care to each offender. The medical exam of prisoners should be compulsory when entering the penitentiary. In case a prisoner is found to have some bodily injuries or torture traces, a doctor should examine him or her, providing the necessary medical aid. The institution administration must notify, as soon as possible, the Department of Penitentiary Institutions and the territorial body of the Prosecutor s Office in whose constituency the penitentiary is located, in written form, about the existence of bodily injuries or torture traces to prisoners that came in the penitentiaries. 14 Report on criminal justice response to prison overcrowding in Eastern Partnership countries, Web source: web/eap-pcf/regional-news/-/asset_publisher/kudls4hreewv/content/new-report-on-prison-overcrowding-in-eap?inheritredir ect=false&redirect=http%3a%2f%2fpjp-eu.coe.int%2fen%2fweb%2feap-pcf%2fregional-news%3fp_p_id%3d101_instance_ kudls4hreewv%26p_p_lifecycle%3d0%26p_p_state%3dnormal%26p_p_mode%3dview%26p_p_col_id%3dcolumn-1%26p_p_col_ count%3d1 15 Recommendation No R (99) 22 of the Committee of Ministers concerning prison overcrowding and prison population inflation, Web source: 16 Anti-torture committee urges European states to hold persons in remand detention only as a measure of last resort and in adequate conditions, Web source: 5CA75&BackColorLogged=A9BACE&direct=true 17 Compendium of the Council of Europe Documents on Preventing Prison Overcrowding, Web source: CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId= ab9b7 18 Resolution adopted by the General Assembly on 17 December 2015 [on the Report of the Third Committee (A/70/490)] 70/175. The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules ) 19 Regulation on ensuring health care to persons from penitentiaries, approved by the Order No 478 of 15 December 2006, Web source: 34

36 Nonetheless, it was found that the medical staff from the national penitentiary system, that works in the penitentiaries and provides health care to prisoners, often perform roles that have nothing in common with their activity. The penitentiary administration obliges them to participate in various searches together with the guards, to escort the prisoners and even take decisions of use of disciplinary sanctions. Although the reform of the penitentiary system was initiated during the reform of justice, it seems that the health workers are not sufficiently independent in taking decisions or providing health care to prisoners and face a lot of bureaucratic issues. 20 Health care services for prisoners are important to prevent ill-treatment. An inadequate level of health care can lead rapidly to situations entering the scope of the inhuman and degrading treatment term. Obliging the prisoners to stay in a space, where they cannot receive an adequate treatment due to the lack of appropriate units or due to the fact that such units refuse to receive them, is unacceptable. In many similar situations, the European Court of Human Rights found a violation of Article 3 of the ECHR. In 2016, the situation related to the health care of prisoners didn t change much. According to the information provided by the Department of Penitentiary Institutions, the funds allocated for the health care for amounted to MDL 2,519,700, which represents an average of MDL 330 per prisoner 21. D. Women in detention At the international community level, international standards on detention were originally developed to address the needs of male prisoners rather than the ones of women. The developed standards focused at a higher extent on the conditions of detention rather than on the consequences of prison punishment. To address the lack of standards related to women in detention, that would take into account the specific needs of female prisoners, in 2010 the UN General Assembly adopted the set of Measures for Women Offenders ( the Bangkok Rules ) 22. The Bangkok Rules together with other international standards oblige states to develop specific measures reducing the serious consequences caused by women imprisonment, taking into account their specific needs. Provisions of Bangkok Rules: The State must counter the causes contributing to women imprisonment (for example the issue of domestic violence); The State must consider the specific needs of women and the obligation to give priority to non-custodial sentences for women; The State must draft rehabilitation programmes; 20 Out-patient facility from 1980, with elements from 1990 description of the health care in the Republic of Moldova penitentiaries See more at: cu-elemente-din-anul-1990-descrierea-asistentei-medicale-inpenitenciarele-din-moldova#sthash.cqJR1s25.dpuf 21 Answer of the Department of Penitentiary Institutions of 20 January 2017, no 10/ The Bangkok Rules, Web source: 35

37 In the Special Report of the Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, it was found that the global imprisonment rate of women continues to grow 23. The Report indicates the existence of a strong relation between the violence against women and the imprisonment rate of women. Issues described in the Report are specific to the Republic of Moldova as well. In the NORLAM Mission study conducted in partnership with the Center for Qualitative Research in Anthropology of the Moldova State University it was mentioned that discussions with women detained in Rusca Prison revealed the will of women victims of domestic violence, to stop violence, the trend to protect children from violence and the negative emotions accumulated over the years, resulted from the violence acts on the behalf of persons who a priori should be close to them, served as the triggering factor for them to commit crimes 24. One of the study findings is that before going to prison, 129 of questioned women (43%) were victims of domestic violence. Many women said they were mistreated both by fathers in their childhood and adolescence and by husbands/cohabiting partners during marriage or cohabitation. There were cases of violence by mothers during childhood and adolescence. The 129 women prisoners admitted that they have been victims of domestic violence, and also admitted that their husbands/cohabiting partners, and parents mistreated them in the past. Because of the lack of confidence that they could benefit from real help, 35.7% of women victims of domestic violence refused to talk about this with someone % of women called the police. Most of the 55 women who called the police said that the aggressor was not punished or was retained only for a few days. 109 of 129 women subjected to domestic violence have been convicted for violent crimes against either their husbands/cohabiting partners or one parent, or other person. Women experience post-traumatic stress, which is manifested by the permanent relive of the intensive fear, by hyper-vigilance, refuse of the support offered by someone else and the commitment of crimes. Experts found that abuses are linked directly to the further violent behaviour. Abuse and exposure to the uncontrollable stress environment are precursors to the behavioral problems of female criminals. Any malfunction of the mechanisms used to overcome the stress may further worsen the negative effects of childhood trauma and of victimisation. Conditions in Rusca Prison are appraised as good. Conditions were appraised by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) during the visit in the Republic of Moldova between 14 and 25 September According to the report, the cells were repaired, bright, airy and clean. Generally, there was enough space for the women prisoners (2-6 prisoners in the cell). Nonetheless, some cells were overcrowded (cells with four and six prisoners held in an area of 9 and 14m2). 25 In 2016, 335 women were imprisoned in Rusca Prison No 7. Compared to 2016, the number of prisoners increased significantly in Report of the Special Rapporteur on violence against women, its causes and consequences, Web source: Issues/Women/A pdf 24 Survey: Domestic Violence and women in Rusca Prison. Past, present, future conducted by the Center for Qualitative Research in Anthropology of the Moldova State University on the request of NORLAM, Web source: WPwHE9J95PY 25 Report for the Government of the Republic of Moldova on the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visits in the Republic of Moldova between 14 and 25 September

38 The number of women serving the sentence in detention E. Observance of other standards in the penitentiary system Promo-LEX Association received 205 petitions from prisoners in In the petitions, several issues have been raised that indicate possible deficiencies in the standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and not only this. Promo-LEX Association - Problems invoked by detainees in 2016 Persons with disabilities in detention 3 Overcrowding 74 Sanitary conditions 52 Food quality 27 Quality of health care 15 Application of torture, ill-treatment 8 Violence in penitentiary, subculture