However, the same article, in paragraph 7, provides for only one category of foreigners, who may
challenge the decision to challenge the placement in public custody: "The foreigner against whom
the return measure was ordered may file a complaint against the measures of taking into public
custody in court ..." The current wording of the enunciated norm reduces the subjects who can
contest the judicial conclusion of taking into public custody, only to the persons against whom the
return measure has been ordered.
Through the provisions of art.257(3) Administrative Code, the Government, within 6 months
from the publication of the Code, was obliged to develop and present to the Parliament
proposals regarding the bringing of the legislation in force in accordance with the
Administrative Code. The same recommendation was set out in Advisory Opinion no. 107 of
05.07.2019 of the Supreme Court of Justice. Starting from the enunciated legal provision, the
authors of the study find that, at the date of development of the study, Law no. 200 of 2010 on
the regime of foreigners in the Republic of Moldova was not brought in accordance with the
Administrative Code. The People's Advocate finds that the procedures regarding the removal
of the foreigners, the placement / prolonging of the placement in public custody of the
foreigners, as well as the procedures for contesting them, provided by Law no. 200 of 2010 on
the regime of foreigners in the Republic of Moldova, do not comply with the Administrative
Code.
5.4.
Detention conditions
According to art.65, Law no.200 on the regime of foreigners, foreigners taken into public custody
are placed at the Temporary Placement Centre for Foreigners (TPCF). The centre is a specialized
structure, administered by the competent authority for aliens (Bureau Migration and Asylum),
intended for the temporary accommodation of foreigners declared undesirable or against whom the
measure of return or expulsion has been ordered and who have been taken into public custody.
TPCF is financed from the allocations from the state budget, approved for the Ministry of Internal
Affairs, as well as from other sources of financing that do not contravene the legislation in force.
TPCF has 2 blocks of flats, one of which is intended for families with or without children, an
administrative block, a walking yard, a sport yard, a sport hall, a documentation office, meeting
rooms, a medical unit, an isolator. On average, 100-120 foreigners are placed in the TPCF annually.
Women are placed separately from men. Receiving food and activities, according to the daily
schedule for women, is also carried out separately from those of men. TPCF staff working with
placed women is of the same sex. Families placed in the Centre benefit from separate
accommodation.
Even if the material conditions at TPCF seem to be good, access to the Centre's facilities is limited.
The bathroom is open once, twice a week, the rest of the days is locked. The cells in which people
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