During the Parliament session of 26th of July 2007 the Law no. 198-XVI on the state guaranteed legal assistance was adopted, which was finalised according to the recommendations of the Council of Europe. At the same time, the Ministry of justice with the support of the representatives of the civil society develop the Action Plan for the implementation of this Law. According to the Law the entry into force will be on the 1st of January 2008. Two pilot bars were created and will function in order to implement the Law no.198, namely:
Pilot – bar BAA „Public Lawyers”, that is a specialised bar covering the areas of the rayon Ciocana, city of Chisinau;
Pilot – bar that covers the area of the rayon Botanica, city of Chisinau.
In order to implement the provisions of the above mentioned Law, the NGOs can provide legal assistance free of charge to the social vulnerable categories. Hereby, in the Republic of Moldova at the present moment 5 units for legal assistance exist, namely: Legal Clinic in Chisinau, Balti, Cahul, Comrat and Tiraspol.
The draft Law on probation was adopted by the Government Decision no.669 of 15 June 2007 and was sent for review to the Parliament. On 18th of June 2007 the specific draft was presented to the Parliament for examination.
In the period of 3-4th of May 2007, in collaboration with the National Institute for Justice, with the support of the German Foundation for Legal Cooperation IRZ in Moldova, an international conference with the topic “Promoting the creation of the Probation Service in the Republic of Moldova”, with the participation of the theoretical and practicing specialists in the area of probation from Germany and the representatives from the relevant institutions from the Republic of Moldova.
On 23-27 of July 2007 an international seminar took place, with the topic “Probation – activity of re -socialisation of the persons that are in conflict with the Law”. The seminar was attended by representatives and experts from Hungary, from the Ministry of Justice of Moldova, the Institute for Penal Reforms and the National Institute for Justice.
In order to develop the probation for minor offenders, joint meetings are made between the specialists from the Department of Enforcement and the Institute for Penal reforms, UNICEF etc.
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Develop and implement an appropriate legal framework for the prevention of, and the fight against, the trafficking in human beings, and for addressing the problems faced by victims of trafficking
Develop and implement an appropriate legal framework for the prevention of, and the fight against, the trafficking in human beings, and for addressing the problems faced by victims of
trafficking
In the process of completion
In order to realise this activity the Ministry of Interior and the Centre for fighting human trafficking has ensured:
The implementation of the Law no. 241 – XVI of 21.11.05 on the prevention and fighting of the trafficking of human beings, by producing the relevant action plans:
The first draft of the Regulation on the procedure for repatriation of the victims of human trafficking, according to the provisions of the Law on prevention and fighting trafficking of human beings, was developed.
The necessary actions for the implementation of the national programme Trans-national Mechanism for Reference in Moldova were discussed. At the same time new methods, procedures and indicators for the identification of the victims of the human trafficking were discussed, and relevant subjects to the procedures for identification of the victims of the human trafficking were adopted by the Moldova consular services outside the country, as well as the legal bodies and the IOM Mission.
Earlier the para. 3 of the art.21, and art.165 and 205 of the Penal Code were amended, providing the penal liability for the legal persons and persons with decision making powers, which are involved in the trafficking of human beings and in illegal actions related to the migration.
Many amendments were made to the Penal Code of the Republic of Moldova, namely:
- proposal were made regarding the revision of the art.206 PC related to the children adoption;
- the penal liability for the legal entities was established, that are involved in the trafficking of human beings and children;
At the same time the penal code of the Republic of Moldova was complemented with a new art. 362/1 “organisation of illegal migration”. The amendments from the penal code entered into force on 31.01.2006.
In the same context, the Framework Regulation of the territorial Commissions for fighting the trafficking of human beings was developed, which was amended according to the recommendations made by CCECC after the anticorruption review.
The meeting of the National Committee for fighting trafficking of human beings was organised, where the decision was taken to organise such meetings in all the districts of the Republic.
According to the decision of the National Committee working groups were created for the development of the National Plan for 2006, that is being implemented.
An important role is given to the National Commission for preventing and fighting the trafficking of human beings that coordinates the activity of all the responsible parties, as well as of the territorial commissions, that during 8 months of the 2007 organised 3 sessions in different districts of the Republic.
The draft of the new national plan for prevention and fighting against human trafficking for the years 2007-2009 was finalised, and on 05.09.2007 the relevant draft was sent to the Legal Departments of the line ministries for review, and later on to the government for examination.
- Development of the international legal framework in the field: On 20.06.2007 between the Government of the Republic of Moldova and Republic of Slovakia was signed the Agreement for cooperation in the field of fighting organised crime.
On 08.02.2006 in Ankara, the Government of Moldova and Turkey signed the Agreement on fighting the illicit trafficking of drugs, international terrorism and other organised crimes, that entered into force on 26.02.2007, but for a more strong cooperation in this area, in June, with the support of the Regional Centre SECI was organised a working session between Moldovan and Turkish parties, where representatives of the police, prosecution office and judiciary participated.
The negotiation procedure for signing the Agreement for collaboration on fighting and penalising the trafficking of human beings between the Government of Moldova and Israel was initiated.
In order to initiate the negotiations of the Agreement for collaboration in the area of prevention and fighting the trafficking of human beings with the United Arabian Emirates, the respective set of documents was sent to the parties for examination and review.
Taking into consideration the fact that the Republic of Moldova ratified the European Council Convention on human trafficking, signed in Warsaw 2005, the following achievements for the fulfilment of this treaty should be mentioned:
- on 28.03.2007 the director of the Centre for Fighting Human Traffic was audited in the Commission for Security and Defence regarding the organisation and practice measures undertaken by CFHT according to the recommendations of the Council of Europe.
Also on 21.04.2007 with the objective to fulfil the provisions of the Council of Europe and the above mentioned convention, a report on the activities for preventing and fighting human trafficking was made for the Commission for Foreign Policy and European Union Integration.
- Dialogue with the civil society on preventing and fighting the trafficking of human beings:
During the year 2007 was re-launched the activity of the working group of the experts from the National Commission, that is a significant effort for the re-opening of the dialogue between the state and the civil society for the improvement of the coordination of activities of institutions and agencies competent in the areas of information, education and public awareness on the phenomenon of human trafficking as well as reducing the level of vulnerable groups of risk.
With the objective to create a system of return for the victims of the human trafficking, an efficient collaboration was established between the bodies of the legal system from Moldova with the other nongovernmental organisation, namely: International Organisation for Migration; The Centre for prevention of the trafficking of women; The International Centre for Protection and Promotion of the Women’s Rights “La Strada”; The Women Association for Legal Career; The Centre for rehabilitation of the Traffic Victims etc.
In the process of fighting the trafficking of human beings, CFHT by the Ministry of Interior is supported by the US Embassy in Moldova, OSCE Mission, UNICEF and UNDP. The CFHT is continuously organising seminar for prophylaxis, in the capital as well as in other territorial subdivisions of the Ministry of Interior.
- Improving the mechanism for guarantees and protection of the witnesses: Ministry of Interior formed a working group, consisting of the representatives of CCECC and SIS, General Prosecution Office, Customs Service, MoJ and MoFin, that has the task to finalise the draft Law on protection of witnesses (in the new edition). The draft regulates the mechanism and the stages of protection of persons that participate in the penal process.
By the specialised subdivision for protection of witnesses within the Ministry of Interior, special instructions were developed on the application of the state protection measures for the injured party, witnesses and other persons that participate in the penal process. These instructions were approved by the interdepartmental order, and sent for application to the General Prosecution Office, Ministry of Interior, Ministry of Justice, Ministry of Defence, Ministry of Informational Development, Customs Service and CCECC.
- Consolidation of the Centre for fighting against trafficking of persons.
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MoFAEI
Enhance cooperation in the framework of relevant international organisations (OSCE, UN) on this issue; Ratify relevant international instruments, such as the UN convention against trans-national organised crime (“Palermo convention”) and its Protocol to prevent, suppress and punish trafficking in persons, especially women and children;
In the process of completion As a result of the efforts for coordination of the CFHT, by NGOs, International organisations (especially IOM and OSCE), as well as the States from the region (SECI, GUAM, SPSEE, BSEC etc) the number of trafficking cases of human persons reduced according to the report made by the IOM in 2006.
Starting with 2003 a continuous cooperation was established with the OSCE Mission in Moldova and the state authorities, especially in the framework of the Reunion for Technical Cooperation in the area of anti-trafficking (RTC). The activity of RTC was formalised in February 2005. The OSCE Mission in Moldova and Ministry for Social Protection are co-chairing this reunion.
RTC facilitates the cooperation between the public authorities, organisations of the civil society, international organisation that deals with the anti trafficking issues and gender in this way contributing to the strategic planning and fulfilment in collaboration of the joint actions in the area.
In march 2006 the Convention of the European Council on fighting against human trafficking signed in Warsaw on 16th of May 2005 was ratified.
The UN convention against the trans-national organised crime, adopted on 15th of November 2000 and signed by Moldova on 14th of December 2000 at Palermo, entered into force for the Republic of Moldova on 16th of October 2005.
The Protocol (I) against the trafficking of illegal migration by land, air and sea, additional to the Convention of the UN against the trans-national organised criminality, adopted by the General Assembly of UN on 15 of November 2000, entered into force for Moldova on 16th of October 2005.
The Protocol (II) on prevention, fighting and punishing the trafficking of persons, especially of women and children, additional to the UN Convention against trans-national organised criminality, adopted by the General Assembly of UN on 15 of October 2000, entered into force for Moldova on 16 of October 2005.
The Protocol (III) additional to the UN Convention against trans-national organised criminality, against the illegal confection and trafficking of fire arms, was ratified at 13 of October 2005.
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Eradication of ill-treatment and torture
Address effectively issue of reported ill-treatment of detainees by Law enforcement
officials, in particular in pre-trial detention, including through adoption of relevant legal basis and provision of training. Implementation of the recommendations of the Council of Europe’s Committee for the prevention of torture;
In order to improve the national mechanism for processing the cases reported as ill-treatment of detainees the following reforms have been made:
Implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Moldova (Law no. 66-XVI of 30th of March 2006), by creating on 26th of July 2007 a new national institution for examination of the case of torture and other forms of cruel punishments, inhuman and degrading treatments (Law no.200-XVI and Law no.201-XVI). In this way the Centre for the Human Rights (ombudsman) has the competence to examine the above mentioned cases.
Also, for the ensuring the compliance with the art. 5 of the European Convention for Human Rights Protection, in July 2006 the Parliament adopted amendments to the Code for Penal Procedures that foresee the cutback of the terms for preventive custody.
In order to implement the Code of Enforcement of the judicial decisions the Government in March 2006 the Statute for enforcement of the punishments by the convicted was adopted.
According to the art.177 of the new Code on Enforcement, by the Government Decision no.177 of 23rd of January 2006, the Independent Committee for complains was established, with the objective to examine impartially the complains, made by the detainees and to monitor the respect of their rights. By the Government Decision no.77 of 23rd of January 2006 the Statute of this organisation was adopted.
On 30th of June 2005 the Law no.139-Xvi for complementation of the Penal code of Republic of Moldova was adopted, and it introduced a new article (3091) on the “torture”, according to the provisions of the Convention against torture, and other cruel, inhumane and degrading treatment.
The Ministry of Interior focused mainly on:
- Ensuring the implementation of the provisions of the Penal Code regarding the fighting against torture:
The procedural penal legislation stipulates that the crimes committed by the employees of the police are investigated by the General Prosecution Office. Hereby, the Ministry of Interior is not a part of the body that can investigate cases of torture committed by its employees.
In case of identification of exceeding use of powers by the employees of the police forces, the Ministry of Interior initiates an internal investigation and sends the materials and all the profs gathered to the Prosecution Office for examination from the penal aspect, and the internal investigation is being suspended until a decision in this regard is issued by the Prosecution Office.
The Ministry of Interior examines the complaints made by the citizens, NGOs, and informs them on the results of their examination.
In 2007 the Ministry of Interior examined 63 claims, out of which 8 where cases of ill-treatment of citizens by police officers. In two cases there were criminal charges made to the police men.
- Training activities on fighting ill-treatment by the employees of the police forces, that deal with the management of special places for detention and organisation of the training courses that will present specific topics on the human rights, according to the UE and International standards;
For the improvement of the level of professional qualification in the area of human rights, periodically seminars are organised, as well round tables, conferences and trainings with the participation of police officers.
Continuously are organised checks with the objective to prevent or determine the cases of physic and psychic ill-treatment of citizens, cases of arrests, detentions, illegal custody, constraints by threatening to obtain false depositions and false recognition of fault from persons involved in the process, search and illegal interception of phone calls. At the same time, the places, buildings, service safes, adjacent terrains to the subdivisions of the bodies of internal affairs and the transport means are checked, for objects that are used for torture of detained persons, and of proofs that might be hidden from the penal and the administrative procedure.
During the first 5 months of 2007 such checks were organised in different areas of the country. The results of the checks were examined at the session of the Supreme Council for Security on 23rd of May 2007.
On 16 of May 2007, in collaboration with the MoJ a working sessions was organised, that was finalised by the adoption of ministerial order on the prophylaxis of the persons who quit the imprisonment.
The development of the system for complaints from the citizens to the Ministry of Interior about the corruption cases in which police men and other staff are involved and ensuring confidentiality, includes: the possibility to make complains or provide information, by accessing the link “hot line” on the web site www.mai.md; also the possibility to make trust calls; automatic registration of the calls made to the police stations that allows to check the correctness of the received call and registration of the information provided to the police officers.
Regarding the organisation of a public awareness campaign on informing the society about the objectives, rights and obligations of the police officers, as well as about the actions of preventing and fighting corruption, involving the public administration authorities and providing a public character to the process of hiring of new candidates, during the reporting period constant mediatisation of the information and video recordings about the activity of the Ministry of Interior was made, also of the case of corruption with the involvement of police officers, organisation of activities for collaboration with the higher education institutions in order to hire to the Ministry of Interior of recent graduates, as well with school level graduates for selection of candidates to the higher education institutions of the Ministry of Interior.
The planning and realisation by the Ministry of Interior of the activities and objections made by the European Committee for preventing torture, punishments and inhuman and degrading ill treatment (ECT), was made in :
- improving the material conditions of the isolators for temporary detention;
- enhancement of the legal guarantees for respect and insurance of the detainees rights as well as protection of against ill-treatment;
- increase of the level of professional training of persons responsible for the functioning of the isolators for temporary detention.
At the same time the CTP standards foresee a number of rights for the detainees that are in custody of the police and mainly regulate that:
- ensuring the rights of the detained persons to inform a close relative or other persons, on his/her demand, about the place of detainment;
- ensuring the right of the detained persons to have a Lawyer;
- ensuring the right of access of the detained persons to medical care, inclusively, to the medical examination if asked, by an doctor selected additionally by the detained person;
- proper illumination and ventilation of the cell were the detained persons are held. It is preferable that the lights are natural and sufficient to read, except for the sleeping time;
- equipment of the cell with beds, and fixed chairs or a bench, mattress and blankets;
- issue to the detained person of a form in which the rights are indicated with an signed declaration that could confirm this fact;
-existent and working sanitary installations, that allow to the detainees the necessary natural needs in a decent and clear manner;
- ensuring regular access of the detainees to the shower or bath premises;
- access of the detained persons to drinkable water and offer of food on the foreseen hours, inclusively a full meal, for at least two times per day, with a nutritive value adequate to the health, of good quality and well prepared;
- ensuring the possibility of physical exercises every day in fresh air;
- existing adequate personnel, capable of fulfilling its competences with success and without applying ill-treatment and ensuring the existence of the fundamental guarantees for the detained persons.
With the objective of non admiting the violation of the fundamental rights and freedoms of the persons, that depend on the unjustified conditionality for elaboration of administrative “minutes”, for evidence at the police bodies, use of physical force, torture, and of cases for constrain to obtain declarations etc., an Action Plan no.6/3824 of 26.12.2006 was developed for the period of the year 2007, for ensuring control and supervision of the police activity for public order.
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MoI
Enhance the human rights training of staff in police and penitentiary institutions;
In process of completion
The training and recycle programme of the Training Centre for the Department for Penitentiary Institutions was developed and adopted, which currently includes theoretical lectures on “Respect of human rights in the process of execution of the sentences for imprisonment”, that foresees a mandatory training of the staff on non admitting of inhuman and degrading treatment, torture and other actions for respect of human rights. Hereby, during the year 2006-2007, 900 participants from the penitentiary institutions were trained.
With the objective to improve the professional level of the staff of the penitentiary institutions, the respect of the oath requirements, as well as of conduct and execution of the service and orders, based on the order of the General Director of the DPI no.3 of 02.01.07 “regarding the organisation and performance of professional training in the penitentiary system in 2007”, the professional training programme of the staff of the penitentiary system was adopted for the year 2007. At the course preparing in the field of human rights the following subjets were included “the minimum standards for prisoners’ detention; the European Convention for preventing torture and of punishments or other inhuman or degrading ill treatment; the Universal Declaration on human rights; The national, regional and international mechanism for human rights protection”, that will be trained to the subordinated effective (7 hours).
At the same time, by the order of DPI no.21 of 31.01.2007, for the year 2007, it was developed, a programme on initial education and improvement of the staff of the Training Centre of DPI. In this context the training programmes were developed for each category of personnel that will be trained during 2007, including the hours for the course of Human Rights Protection.
The officers of the section for methodical assistance and procedural control of the General Direction of Penal Prosecution were mobilised to the police stations from Soroca, Briceni, Cantemir, Cahul, Comrat, Nisporeni, Rîşcani, and Teleneşti with the objective to provide practice and methodological assistance.
Training courses were organised for the medical staff from the penitentiary institutions.
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Ensure respect of children’s rights.
Continue efforts with a view to protecting the rights of the child by ensuring the implementation of the Declaration and Plan of Action agreed at the UN Special Session on Children in May 2002, including the implementation of a national action plan;
