HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF THE REPUBLIC OF MOLDOVA

The Human Rights Committee has considered the second periodic report of Moldova on measures undertaken to implement the provisions of the International Covenant on Civil and Political Rights.

Presenting the report, Nicolae Esanu, Deputy Minister of Justice of the Republic of Moldova, said that he very much hoped that this encounter would be as constructive as possible. The Republic of Moldova had voted in a new Government which had already gotten down to work, and the priorities that the Government had on its agenda included human rights issues. Detailed provisions were being currently developed. The Republic of Moldova also needed to look at the issue of not allowing people who had violated human rights to work in the justice system. There were also many decisions of the courts that had not been implemented. One of the reasons for this was the inefficiency of those responsible.

As for the question of torture, Mr. Esanu said a new commission had been set up within the Ministry of Interior. This commission would carry out internal investigations on the events of 6 and 7 April 2009. Disciplinary measures would be applied for those actions that did not come under the criminal code. As for the right to demonstrate, the Republic of Moldova had very good legislation, and there were also efforts to have new legislation adopted which would meet all requirements. Two weeks ago, several demonstrations had occurred, and the measures which had been adopted bore fruit; no violation of the rights of those holding the demonstrations had occurred.

Over the course of two meetings, the delegation from Moldova answered questions by Committee members relating to a number of issues, including on the adoption and implementation of the anti-corruption legislation; legal provisions of the ombudsman; counter-terrorism measures; review of the existing anti-discrimination legislation; women’s participation in public life; the respect for freedom of opinion and expression; and efforts made to improve conditions of detention in police stations and penitentiary institutions.

Experts welcomed the fact that the State party had maintained its determination to impose sexual orientation as an aspect to be protected. The Republic of Moldova was also commended for the progress it had made in implementing the plan for gender equality. However, it would be good to have clear numbers regarding women in the judiciary and academia. More details on the investigations of the events of 6 and 7 April 2009 would also be appreciated. Furthermore, they noted that the Republic of Moldova had been a member of the Covenant for several years now, but its legislation was still not completely consistent with the Covenant.

The delegation of Moldova also included members of the Policy Department and the Permanent Mission of the Republic of Moldova to the United Office at Geneva.


When the Committee resumes its work this afternoon at 3 p.m. it will start its review of the second periodic report of Croatia (CCPR/C/HRV/2).


Report of the Republic of Moldova

The second periodic report of the Republic of Moldova (CCPR/C/MDA/2) notes, with regard to the prohibition of torture and inhuman and degrading treatment and punishment, that when the new Criminal Code was adopted on 18 April 2002, there was no article to treat torture as a separate offence. Subsequently, on 30 May 2005, the Parliament adopted a law amending and supplementing the Criminal Code and introducing a new article on torture. Further, the Code for Criminal Procedure stipulates that no person shall be subjected to torture or to cruel, inhuman or degrading treatment during the process of a criminal prosecution. In addition, the Enactment Code of 24 December 2004 states that the convicted person has the right to defense and respect of his/her dignity, and the rights and freedoms by the institution or authority that realizes execution of the penalty. Aiming at the realization of the National Action Plan for the Human Rights, the Ministry of Internal Affairs has further undertaken a number of actions to facilitate monitoring actions regarding the conditions of detainees in provisional detention under the Ministry’s management and to provide free legal advice and to ensure access of civil society to information related to the situation of detained persons in provisional detention so as to allow no inhuman and degrading treatment. The Ministry of Internal Affairs has also developed a Programme for the Development of Technical and Material Assets of preventive detention for 2004-2006.

The report also notes that on 17 May 2006 the Ministry for Internal Affairs of the Republic of Moldova was designated as the competent authority for the monitoring and coordination of migration processes. In these circumstances the need to make amendments to migration legislation had appeared and amendments and completions were proposed for a number of laws. Further, in order to harmonize and adjust the national legal framework to international standards, a draft law on the status of aliens, including 11 chapters and 95 articles, has been developed in cooperation with the Ministry of Foreign Affairs and European Integration and the Ministry of Information Development. Adoption and implementation of the Law on the Regime for Aliens in the Republic of Moldova seemed very adequate in view of the need to ensure a complete, uniform and sustainable regulation of the regime of aliens, and to introduce a uniform procedure of their documentation. Moreover, to ensure the operation of the Provisional Placement Centre for Aliens, the official implementation of the reconstruction project for this institution had been initiated with the approval of the European Commission, and the funding contract had been signed.

Presentation of the Report

NICOLAE ESANU, Deputy Minister of Justice of the Republic of Moldova, introducing the report, said that the delegation was not composed of many members which had to do with budgetary issues. He very much hoped that this encounter would be as constructive as possible. The delegation was ready to answer all questions in as much detail as possible, and it was also willing to provide as much additional information as it could. To begin with, he would like to provide some data on recent trends. The Republic of Moldova had voted in a new Government which had already gotten down to work, and the priorities that the Government had on its agenda included human rights issues. At the moment detailed provisions were being developed. The Republic of Moldova also needed to look at the issue of not allowing people who had violated human rights to work in the justice system. There were also many decisions of the courts that had not been implemented. One of the reasons for this was the inefficiency of those responsible. As for the question of non-discrimination, information on the draft legislation on non-discrimination could be found in the document before the Committee. There were many collective complaints from faith-based organizations in this regard, but the position of the Ministry of Justice had not changed and it would keep to the current draft and introduce it. However, this would be a very difficult problem to handle.


As for the question of torture, Mr. Esanu said that a new commission had been set up within the Ministry of Interior. This commission would carry out internal investigations on the events of 6 and 7 April 2009. Disciplinary measures would be applied for those actions that did not come under the criminal code. As for the right to demonstrate, the Republic of Moldova had very good legislation, and there were also efforts to have new legislation adopted which would meet all requirements. Two weeks ago, several demonstrations had occurred, and the measures which had been adopted bore fruit; no violation of the rights of those holding the demonstrations had occurred.


Oral Answers to Written Questions Submitted in Advance by Experts

The delegation of the Republic of Moldova said that the Ministry of Justice had compiled new action plans in the field of human rights for the years 2009-2011; these would be adopted by parliamentary decree.

The delegation explained, regarding the requests for more information on whether the provisions of the Covenant had been invoked before the courts, that it was unable to provide statistics. The Ministry of Justice was working on documents to bring about changes and all the problems that had been raised and to which the delegation did not have answers to would be dealt with. Further, a computerized programme would be introduced, and any interested party would have access to information on any court cases. So far, the programme had been installed in all courts and the administration but was not yet actually operating.

On adopting and implementing the anti-corruption legislation, the delegation said that corruption was one of the serious problems facing the Republic of Moldova and many steps had been taken to control this phenomenon. Fighting corruption was also part of the strategy which had been adopted by Parliament, and the Government had elaborated proposals to bring legislation in line with international standards. A draft Government decision on the approval and amendment of acts concerning public procurement was also currently being developed. The draft law amending and supplementing the criminal code had been sent to Parliament in 2008 for adoption. Further, in accordance with national legislation, all drafts must be submitted for anti-corruption checks. In order to fulfill this obligation, a number of governmental regulations had been adopted, regulating the procedures on this. In order to increase transparency of public services, it was also important to regulate the ethical behavior of public officials. A draft was established to adjust the code of conduct of public officials; this draft was submitted last week to the Government for adoption. Moreover, one of the important measures adopted was the law on transparency in the decision-making process.


As for the human and financial resources allocated to Parliamentary Advocates and the Centre for Human Rights, the delegation said that the staff of the Centre for Human Rights was increased to 55 persons. This was significant in view of the fact that the Government’s Ministry of Justice employed 105 persons; in the reality of the Republic of Moldova, 55 persons were quite a lot.

On legal provisions of the ombudsmen, the legislation was amended in 2008 and the number of ombudsmen increased from three to four, with the fourth specializing in children’s affairs. Ombudsmen had large competences, including submitting cases to the constitutional court. It was also mandatory to have a public hearing. The Centre for Human Rights also needed to shortly submit a report.

On counter-terrorism measures, the Committee had been provided in writing with information on the evolution of the legislation of the Republic of Moldova. The law currently included definitions of what terrorist acts and terrorist activities included.

On reviewing the existing anti-discrimination legislation, the delegation said that in principle in the Republic Moldova there was no problem in the legal field regarding anti-discrimination. There was regulation in the Constitution which prohibited discrimination on any grounds. The real problem in the Republic of Moldova was to change the procedural rule of who had to prove the facts that there were discriminatory acts.

On authorities responsible for fighting discrimination, the draft law was supposed to introduce provisions according to which the ombudsmen would be in charge of this problem and would be able to adopt decisions on them.

As for information on positive discrimination actions regarding persons belonging to ethnic and national minorities, the delegation said that in the fields of employment, access to public services and housing, among others, the delegation had already provided information on actions that had been done or would be done in the future. The problems relating to persons belonging to national minorities was not because of the problem of discrimination, but because of the limited possibilities of access to services. The report which had been written by a non-governmental organization on the problems of Roma peoples did of course sound very convincing. But in reality it was the situation in the Republic of Moldova; it was not because these people were Roma, but because all people in the Republic of Moldova were in the same position.

As for discrimination based on sexual orientation, there was the criminal code which punished discrimination on the grounds of sexual orientation. The problem was mostly that the gay pride procession was not allowed. When the new law had been enacted, there was no real possibility for the gay pride procession to take place because there was a counter-demonstration and because police did not allow it.

On equality between men and women, the delegation said that in the Republic of Moldova a law had been adopted, as had been a national plan for the promotion of gender equality for the period of 2006-2009. National policy on gender equality was submitted to the Government in December 2008 for approval. Also, in the national development strategy, there was the provision regarding the goal to ensure equality between men and women. Further, in 2007 there were public parliamentary hearings on gender equality as part of the national human rights plan.

As to statistics of women’s participation in public life, it seemed that in this regard a step backwards had been made as the number of women in Government had been drastically reduced; previously five members of the Parliament were women. The delegation however did not think that the statistical approach appropriately reflected the situation of women in public life in the Republic of Moldova. Further, many measures were adopted to allow women to be part of public administration. It was also totally wrong that women received less salary than man; women received less salary because oftentimes they held lower positions than men.

On whether the Republic of Moldova intended to raise the minimum legal age of marriage for women to the same age as that for men, the delegation said that there was no problem from the practical point of view, and the country aligned itself with international requests.

On the national strategy on Reproductive Health and Family Planning, a series of actions had been undertaken in 2008. Specialists had tested a module of high-quality abortion, which would be introduced in training of professionals in this area. Training for doctors was also undertaken. There were also activities for the assessment of quality for services of pregnancy termination. As for the area of family planning, this had become an integral part of the primary health department. The Republic of Moldova had received contraceptive kits. Contraceptives were distributed free of charge to persons of reproductive age fulfilling certain criteria. Moreover, to build capacities of family doctors, six training courses had been conducted. Methodological guidance for family planning services had also been published.

Regarding measures taken to improve the situation in penitentiary facilities, a Working Group had been established. Currently, there were also plans to build four new facilities, but the Republic of Moldova did not have the money in the near future and was thus trying to contact all international organizations so as to find the necessary money. It had also attempted to receive loans.

On torture, a special prosecutor had been designated to consider all allegations of torture and was also responsible to investigate cases in this category. Twice a year, the staff of the general prosecutor’s office would offer a careful analysis with the participation of representatives of the Ministry of the Interior. Further, in each police station, the position of field doctors was introduced, providing for mandatory medical examinations for people taken into custody.

On trafficking in human beings and migration, the delegation said that in 2005 special legislation to combat trafficking in people was adopted. Further, on the possibility of adopting a national programme to combat trafficking, there was a national committee attached to the Government. In the legislation there was also a provision for the special protection and rehabilitation of victims of trafficking and the Republic of Moldova had been working successfully with non-governmental organizations in this regard.

Oral Questions by Committee Members

Experts asked if the laws on terrorism had actually been applied or mostly existed on paper. It was further unclear how terrorism could be an ideology in itself. It was also problematic to understand the nature of the function of terrorism as part of the law and terrorist acts on the other hand.

As for torture, statistics had been read out, but these did not exactly follow what had been provided in writing. Further, had there been a substantial drop in the number of credible and serious complaints over the year, and if so, what was this attributable to, the Committee member asked. It would interesting to know whether there was an evolution of the situation.

As for the provision of medical examinations, was the information correct that these tended to be only on request of the individual, and also that sometimes they were perfunctory and that there were no written reports on these exams? If the answer was yes, this would reduce the usefulness of the medical exams. The Expert would also appreciate having information on how frequently a police station could expect to have a prosecutorial visit.

As to the statute of limitations of torture, what was the length and purpose of this limitation? Further, on the national prevention mechanism, what kinds of resources would it be endowed with, once functioning properly? Moreover, more details on the investigations of the events of 6 and 7 April 2009 would be appreciated. It was of concern that the investigations were led by the Ministry of Interior, as personnel of this very Ministry may have been implicated in the events in the first place.

Another member of the Committee said, with regard to the fight against corruption, that the written answer was a long list of measures introduced, but an attempt to describe the process and difficulties of implementing these policies was missing. Concerning human and financial resources allocated to the Parliamentary Advocates and the Centre for Human Rights, how many visits did Parliamentary Advocates make yearly around the country, and were these visits scheduled or unannounced, the Expert asked. Further, what did the State party intend to undertake to increase its funding to the Centre for Human Rights? Moreover, why were so few complaints that had been received by the Centre for Human Rights formally investigated.

On equality between men and women, in its oral presentation the delegation gave indications on how many women were in the judiciary, but it would be good to have clear numbers regarding the women in the judiciary, and also regarding those within academia.

As for the measures taken to reduce the high abortion rates and to eliminate the use of abortion, were there any plans to continue offering courses to more specialists in the future free of cost? The Committee would also like to know how the State party intended to improve the current situation where a small part of the population had information on family planning. What measures had the Republic of Moldova taken to ensure that female detainees had the conditions according to articles 9 and 10 of the Covenant?

Another Expert said that he would like to cooperate with the Republic of Moldova to improve civil and political rights in accordance with the mandate of the Committee. As for discrimination, the Expert was of the view that, despite the delegation’s assertions, it was in fact necessary to speak of discrimination. It was positive to have a draft law, and it was important for the ombudsman to be authorized to receive complaints from individuals. But there was a concern that it took so much time to adopt the law. The Republic of Moldova for several years now had been a member of the Covenant but the legislation was still not completely consistent with the Covenant. Provisions to provide for non-discrimination were in fact missing. Much had been done, but this was not enough. What measures had been taken to train law enforcement officials in every area? The executive had also much to do, it was not just limited to the legislative area. With regards to Roma, earlier reports spoke about their difficulties in access to health care, and this should be dealt with. Similarly, children suffering from HIV/AIDS had suffered from lack of integration; what did the State party intend to do to improve the integration of such children?

Experts also welcomed the fact that the State party had maintained its determination to impose sexual orientation as an aspect to be protected. Was training for government agents, especially police, planned, so that these could show certain sensitivity and generosity?

On trafficking of persons, Committee members appreciated the frank acknowledgements of the Republic of Moldova. The State had acted out of its own recognition of the situation. However, several doubts remained regarding issues that must be taken up. The Committee nevertheless wished to have precise information on what the Republic of Moldova had done to ensure compensation of victims of trafficking of persons. It would also like to know more on the situation in Transnistria in this regard, and it would be grateful for a breakdown of the various categories in trafficking of human beings.

An Expert said that she would encourage the Republic of Moldova to have a larger delegation. A member of the Committee also asked whether the parliamentary ombudsmen had the right to interfere with the judiciary, and if not, what did the ombudsmen act upon?

An Expert congratulated the Republic of Moldova for the progress it had made in implementing the plan for gender equality. She further asked what the current representation of women in Parliament was, also asking whether the mentioned 30 per cent were likely to be reached until 2015? Furthermore, there were very negative perceptions towards women who had undergone abortion among law enforcement staff. What measures had been taken to ensure that access to safe services in the area of reproductive health was a realizable goal, the Committee member asked.

Answers by the Delegation

About the provisions of the Covenant being invoked in courts of law, the delegation said it did not find information on any case where the Covenant was invoked in court, but it would once again submit a request.

On the law on combating terrorism, this was a law that pointed to goals. On torture, the delegation would give further information in writing.

As for medical examinations, it was a mandatory rule that arrested persons must be examined in police or penitentiary facilities. However, these staff did not have all the necessary competences. Information on activities and actions in penitentiary facilities was provided to the ombudsman on a daily basis.

As for a national mechanism on torture, there was a misunderstanding of the legislation – the national mechanism was the ombudsmen; they had the right to access facilities at any time if there were concerns. As for the visits of ombudsmen to penitentiaries, these were not announced. There was also a logical explanation for cases where they had not been allowed immediate entry.

On investigations on the events of 6 and 7 April 2009, there were investigations by the Prosecutor’s Office if there were signs of criminal incidents. The Ministry of the Interior was however involved in all disciplinary cases.

As to the results of the ombudsmen, they had the right to submit a request to the concerned body which was obliged to examine this request and report back to them. On the procedures of the examination of complaints, this depended from case to case. If it was a written complaint, the ombudsmen analyzed the documents before them and would ask the interested body for clarification if required.

On the results of the requests of the constitutional court, information would be submitted later.

The delegation also said, concerning visits by the prosecutors of detention facilities, that territorial prosecutors directly monitored the legality on a daily basis, and that at the end of each week a report was established.

As for Transnistria, that region was not controlled by the Republic of Moldova. It could not control this part, which meant that trafficking of persons was more widespread in that area.

Further Answers by the Delegation

Responding to further questions, Mr. Esanu said that the delegation had not been able to receive further statistics on a number of questions that had been asked yesterday because of a public holiday in the Republic of Moldova. Regarding statistics on the proportion of women who were deputies in parliament, there were 25 women representatives out of a total of 101 deputies.

With regard to the case of a women put on trial for abortion, this was not because of the abortion but because she had been put on trial for murder. In the Republic of Moldova there was no public opinion against abortion. There had been exceptional cases however. As for questions on the right of Parliament advocates to influence court decisions, at present it could be said that the Republic of Moldova recognized the existence of problems in the functioning of the judicial system. Steps had been taken in this regard.

On the rights of detainees, the delegation said that complaints were usually given to the Ministry of Justice.

On training of police and penitentiary staff and the participation of doctors in training on sexual and reproductive health, the Ministry of Education was examining these questions. The school programmes were also under review to find out what needed to be done to take account of all the questions that had been raised.

As for trafficking, the Republic of Moldova did not control the region of Transnistria and officials of the Republic of Moldova were not allowed to enter the area. As for the question of negotiations, there was certain action in this context and an official at the level of the prime minister was designated to enhance the dialogue between the Government of the Republic of Moldova and the authorities of Transnistria. Citizens living in that territory had the possibility to receive identity documents of the Republic of Moldova free of charge. In terms of humanitarian action, in principle, all the projects that the Republic of Moldova had been conducting with the participation of international partners included citizens from Transnistria among others. They were able to receive medical service and education from institutions of the Republic of Moldova.

On trafficking, the most common form of exploitation was for purposes of prostitution and sexual exploitation. This accounted for 61 to 67 per cent of all trafficking, and second was labour and economic exploitation. Further, most of the victims of trafficking were women, representing 70 to 80 per cent. As for countries of destination, major countries were Turkey, Russia and Italy, and Portugal and Spain in some cases. Regarding the age of the victims of trafficking, about 50 per cent were aged between 18 and 25.

As to the draft law on non-discrimination, it would be problematic to adopt the draft law in the near future if they insisted on the provision on sexual discrimination. Further, the delegation had not meant to say yesterday that questions of discrimination should not be discussed, but that such questions were not acute in the Republic of Moldova. As for discrimination against Roma, it would be a mistake to blame the problem on discrimination. Mr. Esanu had acted as the head of the commission in charge of a report on this issue, and said that all members of that commission had come to the conclusion that the Republic of Moldova had no problem with discrimination. As for statistics, in the last three years only three cases of incitement to hatred had been registered. However, unfortunately the presence of discrimination could not be proved and nobody had been found guilty.

Oral Questions by Committee Members

Asking further questions, an Expert said that it was reassuring to hear that prosecutors visited places of detention on a regular basis. But it was just heard that there were substantial incidences of ill-treatment in such places – how could the prosecutors miss these cases?

As for the national preventive mechanism, more information on what it consisted of, and how its members were chosen, would be appreciated? Could more institutional clarity be provided on this, and was it true that the relevant Parliamentary Advocate was in fact a former prosecutor?

Another member of the Committee asked whether there were preventive measures for situations where the social environment of women forced them to abort?

On the draft legislation on non-discrimination, had last year’s recommendations of the High Commissioner’s Office been taken into account?

Answers by the Delegation

Answering to these and other questions, the delegation said that no cases had been registered regarding anti-terrorism. As to the visits of the prosecutors to detention places, this was frequently discussed in the Republic of Moldova and measures had been undertaken to ensure that the office of the prosecutor acted appropriately. However, more work would be done in the future in this regard. The prosecutors talked directly to detainees, checked relevant documents and inspected detention premises, and submitted weekly reports on this. In police places of detention there were 170 people in detention today. With the Ministry of Interior, a decision was adopted that as many people as possible should be held in prison rather than in police places of detention. There had also been sharp drops of the number of people in custody and things were developing positively.

On a national preventive mechanism, the delegation confirmed that the director of the Human Rights Centre was a former staff member of the office of the former prosecutor. As to him being the head of the national mechanism, the delegation was unsure about the distribution of duties. The advisory council, consisting of non-governmental organizations, had been formed by parliament and its members had the right to make visits to prisons.

On the recommendations regarding the draft law on non-discrimination, the delegation of the Republic of Moldova said that some proposals had been accepted, others not. Having some specialized bodies in this regard was not ruled out and needed to be considered in each case. Those non-governmental organization representatives involved would confirm that the Government of the Republic of Moldova was open and conducted hearings and consultations.

On abortion, the delegation reiterated that additional statistics would be provided. Further, in principle the legislation did contain a provision protecting women’s right to abortion and protecting her from pressure from the social environment. Further information on specific cases would be provided.

Further Oral Answers to Written Questions Submitted in Advance by Experts

On people in police custody, the delegation said that the legislation of the Republic of Moldova clearly provided for immediate access to a lawyer. New legislation on the guarantee to legal aid was also adopted in 2007.

As for the periods of pre-trial detention, parliament had held special hearings on the subject and a parliamentary decree had been adopted in 2005 on the largest prison in the Republic of Moldova, giving clear indications that additional measures were needed. As a result, the legislation that had had no limitations and provided for no review of warrants had been changed. Previously, people could be sent to detention without a review of why they were being sent to custody; today, the courts were obliged to review these grounds every three months, and there were also provisions in the criminal code.

With respect to the efforts made to improve conditions of detention in police stations and penitentiary institutions, the delegation said that, as for conditions in penitentiary institutions, there was a report by the European Committee on Torture which had noted significant improvements in this regard. There was further only one penitentiary institution in the Republic of Moldova where women were detained and the conditions in that institution were fully consistent with international standards. Further, in addition to the reduction of persons in detention, an increase of State allocations to penitentiary institutions was also underway. The pay of employees was also improved. Thanks to these measures, among others, the conditions of detention had shown positive developments. There also was a political will to this end and in the near future there would not remain many problems in this regard.

On the right to a fair trial, the delegation said that this was indeed the most acute problem. Despite the changes in legislation, as of today the work of the judicial system remained problematic. Because the expected results had not been achieved, plans for the further reforms of the judicial system were underway. As of today, 80 per cent of newly appointed judges must be graduates of the national institute of justice, and 20 per cent needed to have at least five years experience in legal practice. Many court decisions were further not executed for objective reasons, namely for example the lack of the ability of debtors to fulfill the court decision.

On the question of minors, in 2007 a law was adopted on mediation in the area of juvenile justice. Particular judges had also been appointed to consider cases of violations committed by minors. Later this year, 60 prosecutors and 60 judges would also undergo training in this regard. The period of detention for minors could be 24 hours while that of adults was 72 hours. There was a special section in the criminal code for investigating minors, and there were special requirements. It was further noted that the procedure for punishments had been changed. There were also special penitentiary institutions for male minors and separate places for female minor offenders. With regard to the quantity of offences committed by minors, the delegation said that there was a downward trend. As for the categories of offences, 85 per cent of offences related to stealing of food and other assets.

As for the question on violence against women and children, as of today, it must be admitted that one of the most serious problems was the question of ensuring places where persons subjected to violence could find refuge; the number of such places remained very limited and much remained to be done. On punishment for violence and sexual and economic exploitation of children, the delegation said that the question of compensation for the victims remained a difficult one due to financial problems.

On freedom of religion, the Republic of Moldova had adopted a new law on cults which regulated in detail the relation between the State and religious organizations. The question of regulation of cults came under the Ministry of Justice and all questions were discussed directly with representatives of the cults. With regard to non-registration of Islamic faith-groups, the delegation said that the Ministry of Justice was analyzing sanctions for the non-respect of legislation. The question of freedom of religion was guaranteed regardless of whether a group of faith was registered or not. In the very near future there would be a public debate.

Concerning the rights of national minorities, the delegation said that the post of the vice chairman of parliament belonged to a representative of a minority ethnic group.

On the dissemination of the text of the Covenant, this was contained in official publications. The document had been sent to all local authorities and the text of the Covenant was also available on the website of the Ministry of Justice. The entirety of the legislation of the Republic of Moldova was also available free of cost on the internet.

Oral Questions by Committee Members

Asking further questions, an Expert said that according to the information provided, the right to a lawyer was due by the time of the first hearing of the suspect. But did this mean that someone could be held in a context where he was not necessarily a suspect and he therefore did not have the right to a lawyer? The Expert did not understand how the police could get away with unlawful denial of the access to a lawyer, which also linked to the role of the prosecutor’s review of people in detention.

On the conditions of detention, the Expert said that he paid tribute to the radical reduction of the prison population which was a contribution to easing the overcrowding problem. However, there was still an issue, for example regarding people held in pre-detention conditions which were actually worse than those to which they had been sentenced to. Regarding prison 13, was it true that there still was a problem of overcrowding. And what was the delegation’s own appreciation of the problem regarding conditions of detention? Further, was it correct that people suffering from Tuberculosis were held in prison?

With regard to the quality of justice, what dimension of the judiciary system was the acute problem, the Committee member asked, also wondering whether clarification on who appointed the presidents of the courts could be provided. Further, could the delegation comment on information that hearings sometimes did not take place in courts but elsewhere?

On juvenile justice, another Expert asked if those who wrote relevant reports were specially trained to evaluate minors who came in conflict with the law, also asking what efforts the Republic of Moldova had made to implement primary and secondary prevention mechanisms in the area of juvenile offenders.

Regarding violence against women and children, a member of the Committee said that the report of the Special Rapporteur on violence against women contained a series of specific recommendations regarding the Republic of Moldova. In the written reply of the delegation there were however still some gaps in this regard.

On freedom of religion, more particularly the registration of cults, an Expert said there was a concern that there were practically 30 Muslim groups whose requests were still pending – freedom of religion was a part of the Covenant which could not be offended or restricted. What further steps were taken by the Republic of Moldova to ensure that freedom of religion was a respected right?

As to freedom of opinion and expression, there was a concern regarding increasing concentration among private channels.

Regarding the treatment of minorities, among some minorities, including Roma, there remained situations of vulnerability and lacking access to public services. Education and health deserved particular attention in this regard.

On the dissemination of the final observations and recommendations and other working documents of the human rights treaty bodies, the explanation heard essentially referred to the recognition of the right to information which citizens had. But there was a more important aspect, namely the obligation incumbent on the State to play an active role in this regard. Free access to Internet sites was not enough; the State must ensure that this information was developed among all sectors of society. Further, the largest possible number of groups, professionals, lawyers and judges must be familiar with this information.

Concerning freedom of religion, the delegation was asked whether the law which had been adopted in 2007 had been promulgated by presidential decree. As for the system of declaration, was this system still in force given the many restrictions? In any case, it was clear that a number of groups had not been able to be registered. And had property rights of religious organizations which had been registered been restricted? Further, registration, the purpose of which was to give legal status, could not compromised religious practice of a group.

On arms trafficking, a Committee member also asked whether there were any such cases pending before the courts in the Republic of Moldova?

Answers by the Delegation

Answering these questions, Mr. Esanu said, regarding the access to lawyers, that any detainee had the status of a suspect and thus the right to have a lawyer right from the moment of his detention. From the moment of detention each detainee was also informed of his rights, and he signed a protocol on this. This was very important and checked during inspections. As to the 72 hour period, in principle there was a law on this. As of today, however, the Republic of Moldova could not enforce its own legislation. Regarding prison number 13 and its capacity, established by a decree of the Ministry of Justice, the delegation said that there were no more detainees than provided under that decree. As for Tuberculosis patients, there was a special rule as compared to non-Tuberculosis detainees. A special ward was also opened in one prison where people could receive Tuberculosis treatment, after which they had gone for rehabilitation in a prison providing for better conditions before returning to the original prison.

On disciplinary processes, the delegation said that there were inadmissible phenomena occurring today. However, the situation had improved within the Millennium Challenge programme. What happened in police stations on 6 and 7 April was nevertheless shameful. The consideration of this case was not yet over.

On juvenile justice, the report contained the results of a study of juvenile offenders and determined possibilities under the law on mediation. Under the legislation there was provision for minors to be sent to educational establishments, but this measure could not yet be applied as in practice such institutions did not exist as of today. It was however planned to establish a reception center for juvenile offenders as a pilot project.

On freedom of religion, the delegation said that it was only aware of two rejected applications for registration of Islamic religious groups. Detailed information on all applications and for the reasons of objection would be provided. On the legislation of 1992 and 2007, the 1992 law had been repealed, and there was new legislation that had entered into force on the freedom of religion in 2007. Before that there was a special body reporting directly to the Government.

Regarding the registration of cults, there were provisions which could be interpreted in a way that a person could be sanctioned for professing her faith although she did not compromise other people’s rights; this would be examined more closely. On the designation of the head of a faith, the State would not interfere in this.

As to freedom of speech, as a principle, legislation contained provisions guaranteeing the rights of journalists in accordance with international standards. Problems with a few exceptions were not due to legislation, but to its application. The legislation had been subjected to expert analysis and was found to be keeping with the Covenant. The civil code had also been changed, giving clearer provisions on the subject.

With regard to public radio and television channels, the legislation provided for a clear mechanism which should rule out the possibility of the Government having any influence. The question was however how this was applied. Following the elections in July, it was very much hoped that this question would no longer be necessary.

On prevention of violence against women and children, there has been new legislation to combat violence in the family. Further, last month the implementation of this legislation had been examined. Three training courses dealing with these issues had also been carried out.

Concerning interpretation and translation services, new legislation had been adopted and it was hoped that the quality of people used for court interpretations could be improved.

As for cases of arms trafficking, the delegation was not aware of any cases; the information cited related to the situation in Transnistria.

On the dissemination of information on the Covenant, the delegation said that compiling reports so as to meet the conditions of international agreements to which the Republic of Moldova was a party was the beginning of the process.

Concluding Remarks

Mr. Esanu said that the delegation wished to express its thanks for the interest of the Committee members who listened to how the Republic of Moldova implemented the Covenant. It was not possible for the Republic of Moldova to have a contemporary democratic State if it was not able to ensure respect for human rights. With the help of international institutions, the Republic of Moldova would be able to revise and go through all of its legislation to ensure that there was nothing which did not correspond to the international instruments that the Republic of Moldova was a party to. However, putting these provisions into practice would take a long time, and it was necessary to attempt and change people’s mindsets.

The Chair of the Committee said that he was aware that the Republic of Moldova faced a difficult situation and he hoped that today’s dialogue would contribute to improve this situation. The dialogue had been very good and constructive.


For use of the information media; not an official record

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