The detained person shall be provided with at least the conditions provided in the Enforcement Code for persons subject to pre-trial detention. The administratively detained person is to be released in the following cases:  the probable reasons for suspecting that he/she committed the contravention have not been confirmed;  the detention period has expired;  there are no grounds for further deprivation of liberty. The released person cannot be detained again on the same grounds. Upon release, the detained person shall be given a copy of the report stating by whom and on what grounds he was detained, the place and time of detention, the reason and time of release. The assessment of the situation regarding the observance of the detention guarantees by the police bodies was carried out by the Ombudsman’s Office in 2019 within the Special Report "Situation of persons detained and in police custody".5 The OO's observations following the field visits show that the GIBP subdivisions apply the process of detaining people at the border differently. The police sectors carry out the de facto detention, they can place the people in the temporary detention rooms, later they escort them to the GIBP Regional Directorates / or vice versa. Those departments shall act as ascertaining or procedural body. There is no certainty that the person detained in the local police sectors is provided with anti-torture guarantees (lawyer / doctor / information / relative information / interpreter / right to remain silent, etc.) until the period of de jure documentation, even if the police stated that these procedures are strictly followed. In this regard, but also in order to prevent any form of abuse, GIBP is to apply standard operating procedures regarding detention, escort and transportation, information, ensuring the fundamental guarantees of uniform detention for all police employees. Likewise, the GIBP is to adopt conditions of detention in the local and regional police sectors in accordance with the minimum standards of detention, including a clear mechanism for redirecting detainees to the General Inspectorate of Police and the National Administration of Penitentiaries or other institutions. Following these ideas, GIBP / BMA is to inform the Ombudsman’s Office and / or the prosecution bodies about cases of excess / abuse / application of physical force and / or other special means / suicide attempts / deaths while detaining foreigners within 24 hours in as fundamental guarantees against ill-treatment. The Criminal Code of the Republic of Moldova provides for the organization, in order to obtain, directly or indirectly, a financial or material benefit, the illegal entry, stay, transit of the territory of the state or the exit from this territory of the person who is not a citizen, nor a resident of this state Special Report of the Ombudsman’s Office “The situation of persons detained and in police custody,2019” http://ombudsman.md/wp-content/uploads/2019/06/Raport-Situatia-persoanelor-retinute-RO-Web.pdf 5 19

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