CAT/C/MDA/CO/2 The State party should: (a) Take the measures necessary to alleviate the overcrowding of penitentiary institutions through, inter alia, the application of alternative measures to imprisonment and initiating at its own initiative a review of sentences with a view to bringing them into compliance with the December 2008 amendments of the Criminal Code. The State party should continue to make available the material, human and budgetary resources necessary to ensure that the conditions of detention in the country are in conformity with minimum international standards; (b) Take prompt and effective measures to protect detainees from interprisoner violence. The State party should also establish and promote an effective mechanism for receiving complaints of sexual violence, including in custodial facilities, and ensure that law enforcement personnel are trained on the absolute prohibition of sexual violence and rape in custody, as a form of torture, as well as on receiving such type of complaints. Complaints and prompt, effective and impartial investigations 19. The Committee is concerned: (a) At the limited number of investigations carried out by the State party in view of the high number of alleged acts of torture and ill-treatment by law enforcement agencies reported, and at the very limited number of prosecutions and convictions in those cases; (b) That the dual nature and responsibilities of the prosecution authorities for prosecution and oversight of the proper conduct of investigations are a major barrier to the impartial investigation of allegations of torture and other forms of ill-treatment by police; (c) At the absence of an independent authority with no connection to the law enforcement agency investigating or prosecuting the criminal case against the alleged victim of torture and ill-treatment that could investigate promptly and thoroughly all allegations of torture and ill-treatment by police ex-officio; (d) At the State party’s acknowledgement that the complaints committee established under article 177 of the Enforcement Code is not empowered to monitor inmates’ treatment for the use of torture or inhuman or degrading treatment by penitentiary institution staff (CAT/C/MDA/Q/2/Add.1, para. 254); (e) At the State party’s acknowledgement that frequently investigations fail to confirm that the alleged victims in the criminal cases have been subjected to ill-treatment by police officers, and that, in such instances, the prosecutor’s office halts the criminal prosecution on the ground of lack of evidence that an offence has been committed (CAT/C/MDA/Q/2/Add.1, para. 46). Notwithstanding that documenting physical signs of torture may become more difficult with the passage of time, the Committee is concerned at information that cases may not be investigated in a sufficient manner on the grounds that the prosecutor’s office is unable to establish evidence that a crime of torture has been committed; (f) At the reports of intimidation and reprisals against those who report acts of torture or ill-treatment, including doctors and lawyers. The Committee notes with particular concern that, in June 2006, the general prosecutor’s office sent a letter to the College of Lawyers with a recommendation to examine activities of certain young lawyers who were “damaging Moldova’s image” by sending “unverified information on torture” to international organizations “in violation of the national procedures for human rights” (arts. 11–13). 8 GE.10-41468