CHAPTER I
OBSERVANCE OF HUMAN RIGHTS IN THE REPUBLIC OF MOLDOVA
IN 2019
RIGHT TO A FAIR TRIAL
Following the analysis of the situation regarding the observance of the right to a fair trial, the
People's Advocate considers that there is no progress in this field, moreover, there is a obvious state
of stagnation. It is noted that the state has not taken measures to implement the previous
recommendations of the People's Advocate, but also regional and international mechanisms for the
protection of human rights, measures to contribute to strengthening the justice system, the legal
framework for criminalizing hate crimes has not been adopted, a draft law that from 2016 was
adopted in the first reading. At the same time, in some situations, it is found that the level of
professionals working in the justice system is not at a level corresponding to current requirements.
The right to a fair trial is enshrined in the Constitution of the Republic of Moldova in Articles
20, 21 and 26. These articles regulate free access to justice, the presumption of innocence and the
right to defense.
The person's right to a fair trial is guaranteed in Articles 8, 10 and 11 of the Universal
Declaration of Human Rights, Article 14 of the Covenant on Civil and Political Rights, Article 6 of
the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 13 of
the UN Convention on the Rights of Persons with Disabilities.
The right to a fair trial is also found in the Sustainable Development Goals, in Goal 16 Peace, justice and strong institutions.
This fundamental right is characterized by several specific elements that refer to the
examination of the case fairly, within a reasonable time, by an independent and impartial court,
established by law, respecting the right to privacy, the principle of presumption of innocence, the
right to defense, including by providing free legal aid, as well as other procedural rights intended to
contribute to the realization of this right.
Earlier, the Ombudsman recommended that the authorities continue their efforts to reform the
justice system to ensure its accessibility, independence, efficiency, transparency and integrity, and
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