CAT/C/MDA/CO/2
The State party should strengthen its measures to ensure prompt, impartial and
effective investigation into all allegations of torture and ill-treatment committed by
law enforcement, security, military and prison officials, including those in positions of
command responsibility. In particular:
(a)
Such investigations should not be undertaken by or under the authority
of the Prosecutor General’s office or any other law enforcement agency, but by an
independent body. In connection with prima facie cases of torture and ill-treatment,
the alleged suspect should, as a rule, be subject to suspension or reassignment during
the process of investigation, to avoid any risk that he or she might interfere with or
impede the investigation or continue to perpetrate acts in violation of the Convention;
(b)
Investigate acts of torture and ill-treatment, prosecute the alleged
perpetrators and, if found guilty, convict them with appropriate penalties;
(c)
Amend the Code of Criminal Procedure to specify a time frame within
which action should be taken to open a criminal investigation into any credible
allegation of torture and ill-treatment, and clarify that the individual and cumulative
physical and mental impact of treatment or punishment should be considered;
(d)
Effective measures should be taken to ensure that those who report acts
of torture or ill-treatment, including doctors and lawyers, are protected from
intimidation and possible reprisals for making such reports. In particular, the letter of
June 2006 sent by the Prosecutor’s Office to the College of Lawyers should be publicly
renounced as a matter of urgency and necessary safeguards should be introduced to
prevent similar abuses from occurring in the future.
Redress, including compensation and rehabilitation
20.
The Committee notes that, while the 1998 Law on Procedure for Compensation for
Damage Caused by Unlawful Actions of Criminal Prosecution Bodies, Prosecutor’s Offices
and the Courts and article 1405 of the Civil Code contain provisions regarding the right to
compensation for victims, there is no explicit law that provides for full redress, including
forms of psychosocial treatment and rehabilitation. The Committee regrets the lack of
centralized statistics on the number of victims of torture and ill-treatment who may have
received compensation and the amounts awarded in such cases (CAT/C/MDA/Q/2/Add.1,
paras. 294–295), and information on other forms of assistance, including medical or
psychosocial rehabilitation, provided to victims of torture and ill-treatment. The Committee
also regrets the lack of information on the measures taken by the State party to execute the
judgements rendered by the European Court of Human Rights with a finding of a violation
of article 3 of the European Convention on Human Rights against the Republic of Moldova,
and on compensation given to the victims (art. 14).
The State party should:
(a)
Strengthen its efforts to provide redress and compensation to victims of
torture and ill-treatment, including the means for as full rehabilitation as possible and
to develop health and rehabilitation services for them;
(b)
Take measures to execute judgements rendered by the European Court
of Human Rights with a finding of a violation of article 3 of the European Convention
on Human Rights against the Republic of Moldova;
(c)
Provide in its next periodic report information on any reparation
programmes, including treatment of trauma and other forms of rehabilitation
provided to victims of torture and ill-treatment, and on the allocation of adequate
resources to ensure the effective functioning of such programmes. The State party is
GE.10-41468
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