5.5. Detention time (without procedural documents) until placement in TPCF
During the monitoring period, the issue of illegal deprivation of liberty was identified at the prejudicial stage (placing persons in public custody). The foreigners were detained in unarranged
offices within the regional offices of the BMA or in the regional offices of the GIBP for more than
3 hours, without any record of detention, before they were accompanied to court at the meeting on
the BMA Approach for placing the person in public custody.
There were 5 reported cases when people had to sit in chairs for 6 to 9 hours without any detention
reports. Also, a case was reported, where a lady claimed to have been detained by BMA officers for
24 hours. She allegedly spent the day in chairs, and at night she was placed in a centre for the
homeless (miserable conditions), without any detention minutes. Subsequently, she was placed in
public custody.
Another case happened in Cahul district. The foreign citizen was detained on Friday at 01:00 pm,
being deprived of liberty until 06:00 pm. Later, he was transported to an institution that looks like a
penitentiary where he stayed until Monday morning. From there, he was transported to the Chisinau
Court, which ordered his placement in public custody. During the detention period, the person was
forced to sign documents, their contents not being translated. The foreigner was detained for 3 days,
without understanding what was happening.
5.5.
Minors at TPCF
The legislation provides for the taking into public custody of minors, both minors with families and
unaccompanied minors. Art.641of Law 200/2010 and art.45 of the Regulation of the Temporary
Placement Centre for Foreigners No. 493 of 07.07.2011, provide that unaccompanied minors shall
be placed under public custody only as a measure of last resort and for the shortest possible period;
the best interest of the child shall be a primary consideration in the context of placement of minors
under public custody; minors placed under public custody have the right to education, educational
programs, this right is not ensured in the Temporary Placement Centre for Foreigners.
According to the Regulation of the Temporary Placement Centre for Foreigners, GD no. 493 of
07.07.2011, minors benefit from special conditions within the Centre. They are placed in a separate
Adult Centre with close relatives; are under permanent supervision and care; the order and
conditions of placement for minors must correspond to the interests of the child, including the
adequate arrangement of the accommodation rooms; the children can move freely in the place
where they were placed and on the territory of the Centre, within the limits established by its staff.
These norms provide for the placement of children in public custody only as a last resort and
only with the assurance of the rights accessible to all children on the territory of the Republic
of Moldova.
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