CAT/C/MDA/CO/2
encouraged to adopt the necessary legislation, establish a domestic fund for victims of
torture and allocate sufficient financial sources for its effective functioning.
Coerced confessions
21.
While noting that article 94, paragraph 1, of the code of criminal procedure prohibits
the admissibility of evidence obtained through torture, the Committee is concerned at
reports of several cases of confessions obtained under torture and ill-treatment and at the
lack of information on any officials who may have been prosecuted and punished for
extracting such confessions (art. 15).
The State party should take the steps necessary to ensure inadmissibility in court of
confessions obtained under torture and ill-treatment in all cases in line with domestic
legislation and the provisions of article 15 of the Convention. In particular, it should
improve methods of criminal investigation to end practices whereby confession is
relied on as the primary and central element of proof in criminal prosecution, in some
cases in the absence of any other evidence. The Committee requests the State party to
submit information on the application of the provisions prohibiting admissibility of
evidence obtained under duress and whether any officials have been prosecuted and
punished for extracting such confessions.
Trafficking in persons
22.
The Committee welcomes the variety of legislative, policy and other measures,
including the adoption in October 2005 of Law No. 241-XVI on Preventing and Combating
Trafficking in Persons and the establishment of the Rehabilitation Centre for Victims of
Trafficking in Human Beings. However, the Committee expresses its concern at persistent
reports that the State party continues to be a country of origin and transit for trafficking in
persons, particularly women and children (arts. 2, 10, 12 and 16).
The State party should continue to strengthen its efforts to combat trafficking in
women and children and take effective measures to prosecute and punish the alleged
perpetrators, including by applying strictly relevant legislation, raising awareness of
the problem and training law enforcement personnel and other relevant groups. The
State party should also broaden the implementation of measures to assist the social
reintegration of victims and to provide genuine access to health care and counselling.
Domestic violence
23.
While noting various measures taken by the State party, including the decision of 25
September 2009 by a court in Anenii Noi to issue a protection order in favour of the victim
in a case involving domestic violence, the Committee remains concerned about the
persistence of violence against women and children, including domestic violence, the rarity
of intervention measures by the judiciary, the limited number and capacity of shelters for
victims of domestic violence, and at reports that domestic violence is deemed to warrant the
intervention of the police only in cases where it has resulted in serious injury (arts. 2, 13
and 16).
The State party should enforce the Law on Preventing and Combating Domestic
Violence and provide support for victims through the establishment of additional
shelters, the provision of free counselling services and such other measures as may be
necessary for the protection of victims. The Committee urges the State party to
address impunity in this area, to take appropriate preventive measures and to provide
training on the handling of domestic violence to all professionals involved in such
cases, including police officers, prosecutors, judges and social workers, with emphasis
on the gender aspects of domestic violence. The State party should also provide
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