Torture by Police, Forced Disappearance & Other Ill Treatment In the early years of the 21st Century, 2000 to
2025 gvnet.com/torture/Moldova.htm
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CAUTION: The following links
have been culled from the web to illuminate the situation in Moldova. Some of these links may lead to websites
that present allegations that are unsubstantiated or even false. No
attempt has been made to validate their authenticity or to verify their content. HOW TO USE THIS WEBPAGE Students If you are looking
for material to use in a term-paper, you are advised to scan the postings on
this page and others to see which aspects of Torture by Authorities are of
particular interest to you. You might
be interested in exploring the moral justification for inflicting pain or
inhumane or degrading treatment or punishment in order to obtain critical
information that may save countless lives, or to elicit a confession for a
criminal act, or to punish someone to teach him a lesson outside of the
courtroom. Perhaps your paper might
focus on some of the methods of torture, like fear, extreme temperatures,
starvation, thirst, sleep deprivation, suffocation, or immersion in freezing
water. On the other hand, you might
choose to write about the people acting in an official capacity who
perpetrate such cruelty. There is a
lot to the subject of Torture by Authorities.
Scan other countries as well as this one. Draw comparisons between activity in
adjacent countries and/or regions.
Meanwhile, check out some of the Term-Paper resources
that are available on-line. ***
ARCHIVES *** 2020 Country
Reports on Human Rights Practices: Moldova U.S. Dept of State Bureau of Democracy, Human Rights, and
Labor, 30 March 2021 www.state.gov/reports/2020-country-reports-on-human-rights-practices/moldova/
[accessed 29 July
2021] DISAPPEARANCE In Transnistria abductions by “security forces” became more
common throughout the year. Between October 6 and 8, there were reports of at
least four abductions of Moldovan citizens from their homes in the Security
Zone, including two Moldovan government employees, by Transnistrian
“state security.” After initially refusing to acknowledge or comment on the
incident, separatist “authorities” acknowledged the “arrest” of the two
Moldovan government employees and released them on October 8. The others
remained in separatist custody (see section 1.d.). There were also
reports throughout the year of the disappearances of ordinary Moldovan
citizens and Transnistria residents in the Transnistrian region. On August 31, Moldovan citizen
Constantin Mamontov disappeared while passing
through Transnistria on his way from Ukraine to
government-controlled territory in Moldova. After Moldovan government
authorities requested information from separatist “authorities” on Mamontov’s whereabouts on September 4, the “authorities”
finally confirmed Mamontov’s detention on September
10. TORTURE AND OTHER
CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT While the law
prohibits such practices, the antitorture
prosecution office reported allegations of torture and cruel, inhuman, and
degrading treatment, mainly in detention facilities. Reports included cases
of mistreatment in pretrial detention centers in police stations,
particularly in regional police inspectorates. Impunity persisted and the
number of prosecutions for torture initiated was far below the number of complaints
filed. The Office of the
Prosecutor General’s antitorture division reported
a decrease in mistreatment and torture cases during the year. During the
first six months of the year, prosecutors received 262 allegations of
mistreatment and torture, which included 241 cases of mistreatment, eight
torture cases, and nine cases of law enforcement using threats or
intimidation, including the actual or threatened use of violence, to coerce a
suspect or witness to make a statement. In comparison authorities reported
456 allegations of mistreatment and torture during the first six months of
2019. ARREST PROCEDURES
AND TREATMENT OF DETAINEES Pretrial Detention:
The law permits pretrial detention for up to 30 days, which the courts may extend,
upon the request of prosecutors, in 30-day increments for up to 12 months,
depending on the severity of the charges. Pretrial detention lasting from
several months to one year was common. Freedom House
Country Report 2020 Edition freedomhouse.org/country/moldova/freedom-world/2020 [accessed 15 May
2020] F3. IS THERE PROTECTION FROM THE ILLEGITIMATE
USE OF PHYSICAL FORCE AND FREEDOM FROM WAR AND INSURGENCIES? Prisoners and detainees
have experienced maltreatment and torture. Prosecution for such offenses is
rare, and very few of those convicted in torture cases receive prison
sentences. Officials and officers responsible for April 2009 acts of torture
and ill-treatment against post-election protesters remain largely
uninvestigated and unsentenced. Many of those
involved in the highly publicized case of Andrei Braguța,
who was beaten to death by cellmates while in police custody in 2017 after a
minor traffic violation, have not yet been adequately sentenced. However, one
guard and one prisoner were sentenced in July 2019. Overcrowding and
inhuman conditions are common in Moldovan prisons. Healthcare in pretrial and
penitentiary institutions remains very poor. In this respect the case of
terminally ill Serghei Cosovan,
a businessman arrested in 2017, has attracted national and international
attention; following months of activism on his behalf, Cosovan
was released in November 2019. Council of Europe
anti-torture Committee publishes report on Moldova Executive Summary,
15 September 2020 [accessed 15
September 2020] POLICE CUSTODY The CPT is pleased to
note that further progress has been made since its 2015 visit as regards the
treatment of detained persons by the police. In the course of the visit, the
delegation received hardly any allegations of recent physical ill-treatment
by police officers. However, the considerable number of cases of alleged
police ill-treatment reported to the Special Unit at the Prosecutor General’s
Office to combat torture and ill-treatment and their recent increase leave no
room for complacency. The CPT recommends that the Moldovan authorities pursue
their efforts to combat ill-treatment of detained persons by police officers
and remain vigilant concerning any information indicative of ill-treatment. Response of the Government of the Republic of Moldova to the
report Council
of Europe, Strasbourg, 14 April 2021 -- CPT/Inf
(2021) 6 [accessed
14 April 2021] Regarding
the situation of excessively tight handcuffs, invoked by the CPT, please note
that the handcuffs that are currently in police’s equipment are of the chain
type, which easily allows the handcuffed person to tighten them more
intensely causing intentional trauma. The police, following the last
undertaken study visits, concluded that the application of padlock handcuffs
by its counterparts in other states reduces the risk of injury, compared to
chain-type ones. In these circumstances, it was proposed to gradually replace
the handcuffs in the police units. Report to the
Government of the Republic of Moldovaon the visit
to the Republic of Moldovacarried out by the
European Committeeforthe Prevention of Torture and Inhumanor Degrading Treatment or Punishment (CPT)from 5
to 11 June 2018 Council of Europe,
Strasbourg, 13 December 2018 [accessed 17 May
2019] F. CONCLUSION 60. The
findings and observations made
in the course
of the 2018 visit only
reinforce the findings from previous
CPT visits to Moldova. It is clear that, as a remnant from the Soviet past,
the phenomenon of an informal prisoner hierarchy in the Moldovan prison
system has flourished into a profit-oriented criminal enterprise. Moreover,
it is
not evident that
the relevant authorities
fully appreciate the
extent of this deep-rooted problem, nor
do they seem
to be aware
of the grave
consequences which informal
prisoner hierarchies may have on the entire prison system, and indeed society
as a whole. The CPT is convinced that
until such time
as this phenomenon has
been effectively tackled, for a
large proportion of inmates imprisonment will only serve to ensure
that, upon release, they are even less capable of
coping in the outside
law-abiding community and,
if returned to
prison, even more dependent on
the prison subculture. In the CPT’s
view, it is high time that the Moldovan authorities took
determined action throughout the
prison system to
guarantee the security
and safety of
prisoners. In particular,
this will require putting an end to the reliance on the informal
prisoner hierarchy to maintain good order in
prisons, putting in place
a system of
appropriate distribution and
classification of prisoners, setting up an effective
recruitment and training system for prison staff and ensuring continuous
staff supervision (including at night) in detention areas. Committee
against Torture considers the report of the Republic of Moldova Committee against
Torture, 8 November 2017 www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22374&LangID=E [accessed 9 November
2017] In the ensuing discussion,
Experts noted positive developments in the legal framework, such as
amendments to the Criminal Code to increase penalties for acts of torture,
and assurances that neither amnesty nor any statute of
limitations were applicable to the crime of torture. Other improvements included the adoption of
the joint order and regulation on identification and reporting of cases of
alleged torture, and the establishment of the new national torture prevention
mechanism. Experts raised concerns
about the application of the Convention in Transnistria,
the lack of statistics on cases of torture, the high level of impunity for
alleged cases of torture, the applicability of the Convention, torture and
ill treatment in police detention facilities, the national torture prevention
mechanism, and fundamental legal safeguards for persons deprived of their
liberty. Questions were also raised on
the independence of the judiciary and the problem of corruption, the use of
excessive force and possible torture in connection with the April 2009
events, trafficking in persons and child trafficking, domestic violence and
rape, asylum seekers, hazing in the military, management of temporary
detention centres, detention conditions, prison
overcrowding and the use of solitary confinement, forced chemical castration,
compensation for victims, training of medical personnel, law enforcement
officers and judges, the rights of lesbian, gay, bisexual, transgender and
intersex persons, and discrimination against the Roma community. Torture
in Moldova International
Rehabilitation Council for Torture Victims (irct) Developed in
collaboration with the Medical Rehabilitation Centre for Torture Victims
(RCTV Memoria), June 2014 www.irct.org/Admin/Public/DWSDownload.aspx?File=%2fFiles%2fFiler%2fpublications%2fCountry+factsheets%2fCF+Moldova+-+PUBLIC+EDIT+pdf.pdf [accessed 23 June
2015] irct.org/assets/uploads/pdf_20161120101426.pdf [accessed 31 July
2017] Torture is still
used in Moldova, as well as in the Transnistrian
region, despite increasing government efforts to crackdown on the
perpetrators of torture. While the number of reported torture acts has
decreased throughout the years, it is estimated that the number of instances
remains higher than reported due to lack of trust in the judicial system. Conclusions and
recommendations of the Committee against Torture U.N. Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment -- Doc. CAT/C/CR/30/7
(2003) www1.umn.edu/humanrts/cat/observations/moldova2003.html [accessed 4 March
2013] 5. The Committee
expresses concern about: (a) The numerous and
consistent allegations of acts of torture and other cruel, inhuman or
degrading treatment or punishment of detainees in police custody; (b) The reported
lack of prompt and adequate access by persons in police custody to legal and
medical assistance, and to family members; (c) The deletion of
the definition of torture in the new Criminal Code, which was in conformity
with that of the Convention; (d) Administrative
police detention in temporary holding facilities under the jurisdiction of
the Ministry of the Interior; (e) The reported
failure of the State party to ensure prompt, impartial and full
investigations into the numerous allegations of torture and ill-treatment,
thereby contributing to a culture of impunity among law enforcement
officials; (f) The absence of
an independent oversight mechanism competent to deal with complaints against
the police; (g) The lack of
judicial supervision of temporary holding facilities that are under the
jurisdiction of the Ministry of the Interior; (h) Allegations of a
dysfunctional criminal justice system, apparently caused in part by a lack of
independence of the procuracy and the judiciary; (i)
Allegations concerning the heavy emphasis put on confessions as a primary
source of evidence in criminal proceedings; (j) Reports alleging
that immigrants are apparently being detained in poor conditions in temporary
holding facilities; (k) Allegations
regarding the expulsion of aliens that seem to occur without taking into
consideration the safeguards contained in article 3 of the Convention; (l) The poor
material conditions prevailing in police detention facilities and prisons,
and the lack of independent inspections of such places. The Committee
expresses particular concern at reports alleging that juveniles are in some
cases held together with adults where they lack education and meaningful
activities; (m) The lack of
training in the prevention of torture of law enforcement personnel, including
doctors dealing with persons deprived of their liberty. AMNESTY
INTERNATIONAL From an old article -- URL not available Article was
published sometime prior to 2015 TORTURE AND OTHER
ILL-TREATMENT
- In spite of changes to the law, impunity for torture and other
ill-treatment continued. Of 128 complaints received by the Prosecutor
General’s Office in connection with incidents following demonstrations in
April 2009, only 43 had reached the courts and only three police officers had
been convicted by the end of 2012. In all three cases the officers received
suspended sentences. On 8 May, the Supreme
Court rejected an appeal by Eugen Fedoruc against
his detention in Chişinău Psychiatric
Hospital, and in July his detention was extended for a further six months.
Eugen Fedoruc was first held by the police on 2
April 2011 in connection with a series of murders. He alleged that he was
tortured when he was held in Chişinău
General Police Directorate from 16 April to 17 June 2011. He said he had been
suspended with his hands and legs bound together and given electric shocks to
force him to confess. He was then transferred to Chişinău
Psychiatric Hospital for 10 days for psychiatric assessment, and remained in
detention until December. Eugen Fedoruc had been
previously treated as an outpatient for schizophrenia, but his doctor said in
June 2012 that he was calm and presented no threat to the public, and that
there was no reason for him to be held as an inpatient. The torture
allegations were not investigated. ***
EARLIER EDITIONS OF SOME OF THE ABOVE *** Freedom House
Country Report - Political Rights: 4 Civil Liberties: 4 Status: Partly Free 2009 Edition www.freedomhouse.org/report/freedom-world/2009/moldova [accessed 6 February
2013] LONG
URL ç 2009 Country Reports begin on Page 21 [accessed 13 May
2020] Although the
constitution provides for an independent judiciary, there is evidence of
bribery and political influence among judicial and law enforcement officials.
Some courts are inefficient and unprofessional, and many rulings are never
carried out. Laws passed in 2005 on appointments to the Supreme Court and the
Superior Court of Magistrates have had some success
in strengthening judicial independence. An April 2008 European Commission report
called for better training for judges and prosecutors and reforms to ensure
the independence of the general prosecutor’s office. Opposition parties cited
criminal probes aimed at critics of the 2007 renationalization of the Soroca granite quarry as evidence of the office’s
politicization. Abuse and ill-treatment in police custody are still
widespread, and prison conditions are exceptionally poor. Human Rights
Reports » 2005 Country Reports on Human Rights Practices www.state.gov/g/drl/rls/hrrpt/2005/61664.htm [accessed 6 February
2013] 2009-2017.state.gov/j/drl/rls/hrrpt/2005/61664.htm [accessed 4 July
2019] TORTURE
AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The law
prohibits such practices; however, there were reports that police employed
cruel and degrading arrest and interrogation methods and that
guards beat prison inmates. On June 30, parliament approved a law
criminalizing torture. Nongovernmental
organizations (NGOs) reported several cases of cruel, inhuman, or degrading
treatment of prisoners and detainees. For example, the local Amnesty
International (AI) office reported that armed police beat several Roma in a
mid-July raid on a Romani community in Edineti in
connection with a murder investigation. Police in Chisinau detained three
persons incommunicado for several weeks (see section 1.d.). According to the Helsinki
Committee, the Ministry of Internal Affairs took administrative action
against the officers involved in the September 2004 beating and interrogation
of Petru Calamanov. All
material used herein reproduced under the fair use exception of 17 USC § 107
for noncommercial, nonprofit, and educational use. PLEASE RESPECT COPYRIGHTS OF COMPONENT
ARTICLES. Cite this
webpage as: Patt, Prof. Martin, "Torture by Police, Forced Disappearance
& Other Ill Treatment in the early years of the 21st Century- Moldova",
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