Purpose and research methodology
Considering the complexity of the issue of ensuring and upholding the rights of foreigners in the
Republic of Moldova, the People's Advocate aimed to conduct an in-depth thematic research. The
basic purpose of the research is to contribute to the assurance by national public authorities of the
rights of foreigners in state custody. In this respect, The Ombudsman’s Office hired experts, who, in
cooperation with the OO team, monitored the situation of foreigners and prepared the Study. The
investigated information includes the period 2018-2019.
The study included office work (analysis of existing national normative acts, international practice
and ECtHR jurisprudence; analysis of system issues; development of the study; formulation of
recommendations; taking part in regular meetings, etc.) and field activity (regular monitoring of the
situation of foreigners in public custody; weekly visits to TPCF; interviews with foreigners and
public actors based on predefined and confidential questionnaires; professional assistance in
representing cases in national courts; analysis of individual and of major importance cases of OO
and LCA; requesting official information and data; processing quantitative and qualitative data
obtained from field activity; conducting 2 focus groups with the regional offices of GIBP and BMA
in the North and South region, as well as 8 joint visits (OO / LCA) to monitor the MoldovanUkrainian and Moldovan-Romanian border, and eight sectors of GIBP. In addition, LCA experts
carried out their monitoring work on the basis of the mandate delegated by UNHCR.
The paper reflects the analysis of the de jure and de facto situation regarding the entry, stay,
removal, request for protection, public custody, as well as the departure of foreigners from
Moldova. Likewise, the study includes the relevant jurisprudence of the European Court, the
analysis of individual cases from the perspective of human rights defenders, in order to improve the
national practice in the field. The thematic study is presented on the International Migrants' Day,
marked annually on December 18.
We mention the willingness to cooperation of the regional offices of GIBP and BMA. Access to
institutions, places of detention took place without impediments, during the monitoring period.
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