CAT/C/MDA/CO/2
information, in its next report, on the incidence of domestic violence, on the measures
taken to address it, including the use of restraining orders, and on the impact, if any,
of such measures.
Forcible detention of persons with tuberculosis
24.
The Committee notes with concern that, under a regulation promulgated in August
2009, persons with tuberculosis may be subjected to forcible detention if deemed to have
“avoided treatment”. In particular, the regulation is unclear as to what constitutes the
avoidance of treatment and fails to provide for, inter alia, adequate safeguards in the areas
of regular access to legal counsel, upon request, as well as procedural rights, in particular
with regard to regular review of the reasons for detention or for maintaining continued
detention, privacy, family and correspondence, confidentiality, data protection, nondiscrimination and non-stigmatization (art. 16).
The State party should urgently review the regulation on forcible detention of persons
with tuberculosis and related policies, and bring them into compliance with the
Convention, in particular guaranteeing independent regular review of detention
measures, patient confidentiality and privacy, as well as non-discrimination in their
application.
Violence in the armed forces
25.
While the Committee acknowledges the progress made by the State party in
decreasing the number of cases of hazing (dedovshchina) in the armed forces and the
measures taken to prevent such phenomena, it remains concerned at the persistence of cases
of torture and other cruel, inhuman or degrading treatment or punishment in the armed
forces (arts. 2 and 16).
The State party should:
(a)
Take effective measures to eradicate hazing in the armed forces;
reinforce the measures of prevention and ensure prompt, impartial and effective
investigation and prosecution of such abuses; and report publicly on the results of
such prosecutions;
(b)
Guarantee the rehabilitation of victims, including through appropriate
medical and psychological assistance.
Psychiatric facilities
26.
The Committee is concerned about the treatment of psychiatric patients, including
the lack of legal safeguards and the poor living conditions in places where persons are held
for involuntary treatment, as well as about the lack of independent monitoring of such
places of deprivation of liberty (arts. 11 and 16).
The State party should improve the living conditions for patients in psychiatric
institutions and ensure that all places where mental health patients are held for
involuntary treatment are regularly visited by independent monitoring entities to
guarantee the proper implementation of the safeguards set out to secure their rights,
and that alternative forms of treatment are developed.
Minorities and marginalized groups
27.
The Committee notes with concern reports of violence and hatred towards
minorities, especially Roma, and other vulnerable groups in the Republic of Moldova,
including alleged recent manifestations of hate speech and intolerance against homosexuals
(art. 16).
GE.10-41468
11