Improve training, in particular on Human Rights issues and on judicial co-operation, of judges, prosecutors and officials in the judiciary, Ministry of Justice administration, police and prisons
Completed/Continuous process The judges, prosecutors and the public servants from the judicial system, the police men and the staff of the penitentiary institutions received trainings on the human rights organised with the support of the European Commission and the Council of Europe, UN in the framework of the Common Programme for Moldova, and respectively in the context of the relevant actions from NHRAP.
The National Institute for Justice is functioning with the support of the Council of Europe and has a separate curriculum on human rights subjects. At the same time, within the Institute on regular basis are organised national and international seminars on human rights in the context of the judicial process.
The training plan of the Police Academy of the Ministry of Interior was revised and special attention was provided to the lectures for training of police officers on human rights issues.
Lectures like “legal protection of human rights” and “the ethics and conduct of police” were inserted in the curricula with a total of delivery hours from 46 to 120.
In this context, the Ministry of Interior organised with the support of Council of Europe a series of seminars on observance of human rights and fundamental freedoms, as well as: “Preparing the Trainers on human rights. Methods of training”, “Transparency in the police activity”, “Training of Trainers on human rights”.
MoJ
NIJ
MoI
Develop alternative means of dispute settlement, including mediation and arbitration
On 14th of June 2007 the Law no.134-XIV on mediation was adopted, in this way a new mechanism for alternative dispute resolution was created. The Law on mediation sent for promulgation to the President of the Republic of Moldova, was send back to the Parliament on 6th of August 2007, with a number of objections, and that is going to be discussed by the Parliament in its autumn-winter 2007 sessions. At the same time, the Ministry of Justice has developed and adopted on 12 of September 2007 the Plan of Actions for Implementation of the provisions of the Law on mediation. Among these actions is foreseen the development and adoption of the Code of Ethics of the Mediator.
The draft Law on probation is being examined by the Parliament.
From January 2007, within the Department for Enforcement of the Ministry of Justice a new Service on Probation was created and is already functional.
The pilot Probation - system in the Republic of Moldova is already being implemented. The Ministry of Justice in Cooperation with the Council of Europe, UNICEF, the German Fund of Legal Cooperation IRZ in Moldova and the Institute for Penal reforms is organising seminars for the evaluation of the international practices for implementing Probation.
In order to improve the system of the arbitration courts a working group for the review of the existing legislation in the field of arbitration was created. As a result two new draft Laws were developed:
- Draft Law on arbitration in new edition;
- Draft Law on International Commercial Arbitration.
These drafts were approved by Government Decision:
- Government Decision no.1336 of 22nd of November 2006.
- Government Decision no.1338 of 22nd November 2006.
In march 2006 both drafts were sent for adoption to the Parliament. At the current stage the drafts are being examined in the Parliament.
MoJ
3
Ensure the effectiveness of the fight against corruption.
Ensure progress in implementing the recommendations of the Council of Europe Group of States against Corruption (GRECO).
In process of completion With priority are being taken actions for the implementation of obligations undertaken with GRECO.
With reference to the recommendations addressed to the Republic of Moldova within the first I cycle for evaluation (report adopted at the 15 reunion of GRECO of 13-17th of October 2003), in July 2007, according to the execution terms, to the secretariat of GRECO was sent the report on the fulfilled actions. This report will be examined and reviewed by the experts appointed by GRECO with statement of arguments on the level of recommended actions implementation.
On 13 of October 2006, at the 30th Plenary Reunion of GRECO, the report for evaluation of the Republic of Moldova was adopted (cicle2).
On the basis of this report 15 recommendations were made, that are going to be implemented until 31st of May 2008.
With the aim to effectively implement this action, in the action plan for the fulfilment of the National Strategy for Anticorruption for the years 2007-2009 were inserted specific measures, with mentioning of the responsible institutions and exact dead lines for execution. The activities for fulfilment are concentrated on amending the penal legislation and the penal procedural Law, professional training and development of main principles and directions for certain aspects of prevention and fighting corruption.
CCECC
Complete the adoption of the necessary measures identified in the Stability Pact Anticorruption Initiative self evaluation and peer review report by the Republic of Moldova of April 2002.
In the activity of the SPAI RSLO Programme for the years 2006-2007 for the Republic of Moldova three main priorities were mentioned, foreseen in the Declaration on the 10 measures of reducing corruption in the South-Est Europe. According to the National Report for implementation of the provisions of the 10 main measures for reducing corruption in the South Est Europe, the actions undertaken by Moldova were appreciated as positive.
CCECC
Continue collaboration with International Organisations and Civil Society on the issue.
In process of completion/ Continuous process
On the 10th of January 2006 was created the Anticorruption Alliance that is a voluntary association of NGOs, with the objective to contribute to the reduction of the corruption, by participating in the activity of corruption prevention. At the moment of establishment the alliance had as members only 10 NGOs, at the present moment it has a total of 29 NGOs.
Later, on 13 of January 2006, with the support of the Government, the Agreement for Collaboration between CCECC and the Anticorruption Alliance was signed, with the objective of promoting and collective fulfilment of the actions for fighting corruption.
CCECC will develop the information Strategy on Anticorruption, an action provided and in the Preliminary Country plan “Millennium Challenges”. With this objective, in collaboration with the representatives of the Justice Department from USA, the principles for elaboration of the Strategy were developed, other documents of such kind were examined, that are implemented in USA and other European countries. As a result at the present stage the work is done on the finalisation of the draft Information Strategy.
According to the priorities of the activity for corruption prevention in the plan of the Centre, public awareness campaigns on anticorruption continued to be organised. In this context, the Centre organised meetings with the representatives of different social segments (servants from central administration bodies, and of speciality, servants form the local public administration bodies, Fiscal authorities, Court of Accounts etc). Within these activities, the audiences was familiarised, according to the specific, with the definition and essence of the corruption as a social and criminological phenomenon; the anticorruption institutional and legal framework, the legal-penal qualification of the corruption crimes etc.
On 12.01.2007, the General Prosecution Office, Ministry of Interior, MoJ, SIS, MoD, MoID, Customs Service, CCECC signed the inter departmental order “on the adoption of the instructions on the state protection of the injured party, of the witnesses and other persons that are providing assistance to the penal process”.
Ministry of Interior created a working group that held representatives from CCECC, SIS, General Prosecution Office, Customs Service, Ministry of Justice and Ministry of Finances that had the aim to finalise the draft Law on witness protection (new edition). The draft provides the mechanism and the stages for protection of the persons that participate in the penal process.
By the letter no.24/366 of 24.08.2007 to the Government was sent the draft Law on state protection of the injured party, witnesses and other persons that assist the penal process.
CCECC
Implementation of National Strategy on prevention and combating corruption.
In process of completion The implementation of the National Strategy on Prevention and Fighting Corruption started two years ago. In this process were involved public authorities and the civil society. The results of these activities were discussed with the public in the framework of two annual conferences on anticorruption. The reports on the implementation of the anticorruption strategy can be found on the web site of the Centre. 2
At the moment, actions for the implementation of the Anticorruption Strategy for the years 2007-2009, adopted by the Parliament decision no.413 – XVI of 21.12.2006.
The action plan of the Strategy for the years 2007-2009 are being implemented with the financial support of the Joint Programme of the European Commission and the Council of Europe, for fighting corruption, money laundering and terrorism financing in the Republic of Moldova “MOLICO”, launched on 31st of October 2006. The efforts of the donors are complemented by the assistance of the USA Government, on the basis of the Agreement for Subsidizing the Strategic Objective of the Preliminary Programme of the Millennium Challenges Fund, signed by the Government of Moldova on 15th of December 2006.
An important element of the mechanism for implementation of the national Strategy for anticorruption is the financial supervision of the process, task realized by the Monitoring Group. The group was created by the Presidential Decree no. 2231-III of 17.02.2005 and includes the representatives of the central public authorities, of the NGOs, businesses men associations and representatives from local public authorities. The secretary functions of the group are performed by the CCECC.
Responsible for the implementation of the National Strategy for prevention and fighting Corruption within the General Prosecution Office for the years 2007-2009, was designated the Anticorruption Prosecution office that started the fulfilment of the actions by undertaking specific measures for institutional capacity building, competences delimitation in the prosecution process, establishment of the effective mechanisms for cooperation with CCECC and the civil society, inclusively public awareness of the made activities and training of the population and the civil servants on the danger of the corruption. When implementing jointly certain activities, during the year 2007, the Anticorruption Prosecution office benefited from the assistance of the MOLICO, including exchange of experience with the anticorruption authorities from European Union member states.
CCECC
General prosecutor’ office
Human rights and fundamental freedoms
4
Ensure respect of human rights and fundamental freedoms, including the rights of persons belonging to national minorities, in line with international and European standards
Implement actions foreseen in Moldova’s National Human Rights Action Plan (NHRAP) for 2004-2008 (legislative revisions, strengthening of institutional framework and rising of human rights awareness).
In process of completion The national action plan in the areas of human rights for the years 2004-2008 is being implemented with the support of UNDP Moldova and the monitoring of this process is made by the National Coordinator of NHRAP, the president of the Commission for the Human Rights. Information on the assistance and implementation of NHRAP can be found on the web site http://www.hr.un.md.
Parliament
MoJ
BIR
Ensure adherence to and effective implementation of core UN Conventions and related optional protocols.
In the process of completion The Republic of Moldova ratified the following international treaties CCPR-OP2-DP, CEDAW-OP, CAT-OP and adopted the Declarations to Art.21 and Art.22 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)3.
In order to establish a national mechanism for prevention of cases of cruel or other torture, inhuman or degrading treatment or punishment, the draft Law for the complementation of the art.2 of the Law no.1349-XII of 17 of September 1997 regarding the parliamentary Lawyers and the draft Parliament Decision for complementing the paragraph 7 of the regulation on the Centre for Human Rights, adopted by the Parliament Decision no.1484-XIII of 5th of February 1998.
The mentioned drafts were adopted in the plenary session of the Parliament on 26th of July 2007 by the Law no.200-XVI, and respectively the Law no.201-XVI.
The Law no.29-XVI of 22.02.2007 ratified the Additional Protocol to the Convention on the children’s rights, on selling children, prostitution and infantile pornography (within UN). At the present moment, the draft Law on amending the national legislation to the provisions of the Protocol is in the process of examination at the Parliament.
The national experts developed the report on the opportunity of ratification of the International Convention on the protection of the rights of the migrants and their family members (MWC).
The conclusions of the report suggests instead of the ratification of the MWC Convention to ratify the European Convention on the legal status of the migrant workers. There two main arguments in this favour: (1) European Convention includes the same object of regulation as the MWC Convention and (2) there are few European countries that ratified the MWC Convention.
Hereby, on February 2006 the European Convention on the legal status of the migrant worker was ratified.
The Optional Protocol to the International Pact on the civil and political rights (CCPR-OP1) is the only treaty that is left to be ratified. An internal procedure for the ratification of the Optional Protocol to the International Pact on the civil and political rights, adopted in New York on 16 of December 1966. On 21st of May 2007, Ministry of Justice sent to the Government the relevant set of documentation that operates the intended amendments that was adopted by the Government Decision no.648 of 11th of June 2007 and sent to the President of the Republic of Moldova for examination.
MoSPFC
MoEY
MoI
MoJ
BIR
Ensure effective protection of rights of persons belonging to national minorities;
In the process of completion/ Continuous process
The monitoring process continues particularly related to the respect of the UN convention, as well of the international treaties, in the field of human rights that deal with persons rights that are national minority, with problems of the language functioning, ensurance of equality and non discrimination on the basis of race, nationality, ethnical origin, language and religion.
In the reporting period the draft Government Decision on the adoption of the Action Plan for support of the Roms / gypsies in the Republic of Moldova for the years 2006- 2010”, was finalised.
Starting 13th of July 2007, the Agreement between the Government of the Republic of Moldova and the Ministers Cabinet from Ukraine on the collaboration in the area of ensuring human rights for the persons that represent a national minority, is being negotiated.
The Civil Society (IDIS Viitorul), in collaboration with the Bureau of Interethnic Relations, launched an extended programme for training on the official languages for the civil servants within the territorial Autonomy Gagauz Yeri, in this programme are trained 274 civil servants from the municipalities and regions of the autonomy. The programme is implemented with the support of the High Commission for National Minorities of the OSCE from Hague.
In order to ratify in 2006 the European Charter of Regional or Minority Languages, the plan for monitoring of the realisation of the legislation on the functioning of the spoken languages on the territory of the Republic of Moldova, it was studied the practice of other countries that ratified the European Charter.
For the adjustment of the national legislation to the European Charter for Regional or Minority Languages a comparative study was made on the relevant national legislation provisions and that of the European Charter. The Study shows that the national legislation is corresponding to the international provisions.
BIR
Appropriate response to conclusions and recommendations of relevant Council of Europe structures and experts on state of compliance by Moldova with the Framework Convention for the protection of national minorities; Put in place and implement legislation on anti-discrimination and legislation guaranteeing the rights of minorities, in line with European standards;
Completed
The second Opinion of the Consultative Committee to the Framework Convention for protection of national minorities (of 9th of December 2004) for Moldova and the second Resolution II-a Res CMN (2005)8 of the Ministers Committee on the implementation of the provisions of the Framework Convention for the protection of the national minorities by Moldova (of 7th of December 2005), that foresee recommendations for the bodies of the central and local public administration on the application of the provisions of the framework convention and improvement of the situation of the national minorities, is being implemented.
The documents that provide the information on the international evaluation of the situation of the minorities were translated in 6 languages, which are functional on the territory of the Republic of Moldova: Moldovan, Ukrainian, Gagauzyan, Bulgarian, and gipsy’s language. The folders provide:
The second Opinion of the Consultative Committee to the Framework Convention for protection of national minorities (of 9th of December 2004);
The comments of the Republic of Moldova on the second Opinion of the Consultative Committee for the Framework Convention for protection of national minorities (April 2005);
The second Resolution II-a Res CMN (2005) 8 of the Ministers Committee on the implementation of the provisions of the Framework Convention for the protection of the national minorities by Moldova.
BIR sent these folders to the ministries, local public authorities, NGOs for the national minorities, for awareness. These institutions have informed the Bureau of Interethnic Relations on the implementation of the provisions in their field of activity regarding the application of the relevant document.
According to the resolution of RESCMN (2005) 8 the Government adopted the Government Decision no.1453 of 21st of December 2006 “the Action plan for the support of the gypsies population in Republic of Moldova for the years 2007-2010”.
This plan foresees the support of the Roms’ population in the field of education, culture, health and social protection, employment etc.
At the same time, on 12th and 13 of April 2007 with the support of the European Council a round table was organised on the support of the roms population. This event was attended by representatives from central and local public authorities, from the Roms’ population, as well as from international organisations.
BIR
Amend the Law on religious denominations to bring it in line with the requirements of
the European Convention on Human Rights and with relevant Council of Europe
recommendations;
Completed
The Law on religious cults and their component parts was adopted under the no.125-XVI of 11.05.2007.
BIR
Effective execution of the judgements of the European Court of Human Rights;
In processes of completion
In order to ensure the effective and integral execution of the ECHR decisions in December 2004 a permanent Commission that monitors the enforcement of the ECHR decision was created.
The Commission adopts biding decision for implementation.
The decisions of the ECHR were the Republic of Moldova has the part of a respondent are being published on the web site www.justice.gov.md At the same time, the executive summaries of the ECHR Decisions are being published in the Official Monitor of the RM in two languages.
Official information: The responsible authorities for the enforcement of the ECHR decisions are officially informed, as well as other authorities, in order to avoided similar violations in the future.
As a result of the ECHR decision in the case of the Christian Democratic Popular Party v. Moldova (the violation of the art.11 of the Convention), relevant recommendations for amending legislation were made, in order to avoid similar violations in the future.
During the Parliament session of 26th of 2007 the Law no.198 was adopted that states the guaranteed state legal assistance.
In order to fully enforce the ECHR decision in the case of the Metropolitan Church Bessarabia, the Law no.125-XVI on the religious cults and its connected parts was adopted.
MoJ
Introduce effective pre- and non-judicial mechanisms for both dispute settlement and
the protection of human rights; Guarantee access to information on citizens’ rights and adequate legal remedies.
