iii)Conceive the system of execution
of punishments and its legal
framework in a way
that truly aims at rehabilitation and
reintegration of offenders, in
particular through
abolishing restrictive detention rules
and maximizing contact with the
outside world;
iv) Take further steps to improve
food and access to health care;
v) Strengthen further non-custodial
measures before and after trial.
care and lack of medication as well as
risk of contamination with tuberculosis
and other diseases;
The periods of pre-trial detention were
extensive; several of his interviewees
had spent up to three or four years in
detention without a final judgment.
methodological seminars for leadership and personnel of subdivisions
of the criminal prosecution. The seminars concerned different topics,
the main emphasis being on the observance of the law by police
officers in the criminal investigation work. The Ministry set up a
committee on fundamental rights and freedoms of citizens. In the same
context, it issued an ordinance on procedural time limits, according to
which prosecution officers must provide a report to the Ministry with a
view to control and coordinate the extension of periods of arrest.
Furthermore, billboards on rights and obligations of persons suspected,
detained, arrested and prosecuted were set up. Similarly, all sections of
the prosecution authorities were provided with models of procedural
documents, such as minutes/process-verbaux of apprehension and
explanations of the rights and obligations of the detained persons,
compiled by the General Prosecutor’s Office.
The preliminary report regarding the respect of rights of detained
persons, elaborated by the Institute for Penal Reform within the project
“Strengthening Criminal Justice System Reform in Moldova”, was sent
to the heads of criminal prosecution bodies of territorial subdivisions,
in order to undertake measures to eliminate any violations in the
future. The MIA participated in the working group set up by the
General Prosecutor’s Office, where the draft of the ‘Instructions on
how to grant visits and telephone conversations to persons detained in
preventive arrest’ was elaborated.
A law was drafted to amend some legislative acts for the reexamination of the applicable disciplinary regime for judges, which
represents a balance between the guarantee of the judges’
independence and the necessity of sanctioning a judge in case his or
her behaviour necessitates such action.
In order to ensure the impartiality of judges, an amendment to the law
is proposed, introducing an obligation of the judge to inform the
president of the court and the Superior Council of Magistrates about
any attempt to influence the process of decision making.
Regarding conflicts of interest, a draft law is proposed to complete
article 15 of the Law on the Status of Judges, which would stipulate
the obligation of the judge to present a declaration regarding his or her
personal interests.
A reform of the judicial organizational system is proposed, which
A/HRC/13/39/Add.6
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with regard to torture prevention;
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