If in the situation of public custody of asylum seekers there are several dozen judicial cases
examined annually, which allow us to deduce about the existence of a more or less stable judicial
practice, then in the case of persons who, being in public custody, have requested we do not have
enough cases to determine the statelessness status, to talk about a judicial practice.
6.4.
Release from public custody
Until 23.12.2016, the release from public custody was in practice possible only by court decision or
at the expiration of the placement term. On 23.12.2016 entered in force Law no. 244 of 03.11.2016,
which supplemented Law 200 on the regime of foreigners in the Republic of Moldova with article
642. In addition to situations of release of persons in public custody, on the basis of a court decision
or the expiration of the placement period, Article 642 allows the BMA to decide administratively on
release from public custody, when the reason for issuing the decision for taking in public custody
cancelled.
Courts, in most cases, release asylum seekers and, in some cases, stateless persons from public
custody. Although it is a positive practice, it requires additional efforts and expenses on the
part of the authorities (court hearing, escorting the person placed, ensuring the participation
of the lawyer ex officio, ensuring the participation of the interpreter, etc.). We are of the
opinion that it is necessary to complete Law no. 200 of 2010 on the regime of foreigners in the
Republic of Moldova, with provisions, which would expressly order the release from public
custody of foreigners who have applied for asylum or the granting of statelessness.
In conclusion, starting from the fact that placement in public custody is a measure restricting the
freedom of movement, ordered in order to remove the foreigner from the territory of the Republic
of Moldova, if the authorities are not able to return the person to the country of origin, as this would
constitute a breach of the principle of "non-refoulement", it can no longer be justified to restrict
freedom of movement for the purpose of removal. The principle of "non-refoulement" is enshrined
in Article 33 of the 1951 Convention relating to the Status of Refugees and in Article 11 of Law no.
270-XVI of 18 December 2008 on asylum in the Republic of Moldova. The same principle would
be applied when other legal or practical obstacles prevent removal, such as the person is a stateless
person, and no other country is willing to accept it.
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