Given that no amendments have been made so far, the People's Advocate recommends
examining all these problematic aspects and improving the regulatory framework, which creates
premises for human rights violations.
In 2019, the European Court of Human Rights issued 21 judgments against the Republic
of Moldova for violating Article 6 of the Convention, for which the State was obliged to pay
an amount of approximately EUR 400,250.
These include the case of Ozdil and others v. the Republic of Moldova, which refers to the
case of Turkish teachers, their illegal transfer to their country of origin, to the detriment of domestic
and international law. In this case, the State was obliged to pay compensation in the amount of EUR
125,000 (EUR 25,000 for each of the 5 applicants).
In the context of the above, we find that the problems mentioned are determined by the
imperfection of the legal framework, in some cases, non-compliance with existing national legal
norms, but also the international obligations assumed by the state by ratifying international human
rights treaties, the level of professionalism of human resources operating in the justice system.
Another cause of the inadequate realization of the right to a fair trial is the lack of public
policies to strengthen the justice system so that it meets the unanimously recognized requirements
at international level, namely: accessibility, independence, efficiency, transparency and integrity.
RECOMMENDATIONS:
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The People's Advocate reiterates his recommendations on continuing efforts to reform the
justice system, implementing the recommendations of regional and international human
rights bodies relating to the justice system and adopting comprehensive legislation to
criminalize hate crimes, in accordance with the provisions of the UN Convention on the
Elimination of Racial Discrimination.
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