CAT/C/MDA/CO/3
22.
The State party should:
(a)
Promptly, thoroughly and impartially investigate all incidents of death in
custody, ensuring independent forensic examinations; provide autopsy reports to the
family members of the deceased and, if requested, permit family members to
commission private autopsies; and prosecute those responsible for violations of the
Convention resulting in such deaths and, if they are convicted, punish them
accordingly;
(b)
Ensure that the courts in the State party accept the reports of
independent forensic examinations and autopsies as evidence in criminal and civil
cases;
(c)
Ensure that custodial staff are required to record all cases in which
physical force and special measures have been used against inmates and ensure
adherence to the rules regarding the use of force in the penitentiary system by having
regular independent monitoring;
(d)
Provide training to custodial staff on the management of prisoners in
order to prevent the commission of inter-prisoner violence.
Domestic violence
23.
While welcoming amendments to the Criminal Code establishing domestic violence
and marital rape as criminal offences, the Committee is concerned about reports that the
number of recorded cases of domestic violence, which constitutes a form of gender-based
violence as the overwhelming majority of victims in the State party are women, has
increased but that such cases frequently have not resulted in investigation or prosecution;
that police and other law enforcement officials have failed to enforce protection orders
issued against alleged perpetrators; and that there is a lack of sufficient services for victims,
including shelters in all parts of the country (arts. 2 and 10–14).
24.
The State party should:
(a)
Establish an effective and independent complaints mechanism for
victims of domestic violence;
(b)
Ensure that all allegations of violence are registered by the police and
promptly, impartially and effectively investigated, and, to this end, remedy poor
investigative techniques and rectify the mishandling of evidence of domestic violence,
in particular in cases of rape;
(c)
Ensure that victims of domestic violence benefit from protection,
including protection orders, by enforcing such orders promptly and effectively;
(d)
Ensure that victims of domestic violence have access to medical and legal
services, including counselling, redress and rehabilitation, as well as to safe and
adequately funded shelters for victims in all parts of the country;
(e)
Provide mandatory training for police and other law enforcement
officials, social workers, lawyers, prosecutors and judges to ensure that they are able
to respond promptly and effectively to cases of domestic violence;
(f)
Compile statistical data, disaggregated by age and ethnicity of the
victims and their relationship to the perpetrator, regarding domestic and other forms
of gender-based violence, including marital rape, as well as on the number of
complaints, investigations, prosecutions, convictions of perpetrators and sentences
handed down.
Trafficking in persons and corruption of public officials
25.
The Committee is concerned that the Republic of Moldova continues to be a country
of origin for trafficking for purposes of sexual exploitation and forced labour, the victims of
which include both adults and minors. It is also concerned about the significant decrease in
the number of investigations and prosecutions between 2015 and 2016 and the fact that
corruption, particularly in law enforcement and the judiciary, as well as legal and
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