CAT/OP/MDA/1
Article 44 - For the purposes of this law, deprivation of liberty means any form of placing
the person in a public or private detention at the orders of any judicial body, administrative
or other body, as a punishment, penalty, measure of constraint, detention, and as a result of
dependence on care provided or on any other grounds, place that person hasn’t the right to
leave on his own initiative.
Article 45 - (1) The composition of the Council is 11 members. Ombudsman and Advocate
for child rights protection are ex officio members. Other civil society members are selected
on a competitive basis by the parliamentary commission for human rights and interethnic
relations in compliance with art. Article 4. (3) - (5).
(2) Members are selected respecting gender balance and the adequate representation of
ethnic and minority groups in the country.
(3) The mandate of the Council is 3 years.
(4) The Ombudsman is the legal Chairman of the Council.
Article 46 - Council member may be a person who:
a) has the citizenship of the Republic of Moldova;
b) has a degree in law, medicine, psychology, pedagogy, social work or other
relevant professional experience for NPM;
c) have a work experience of at least 3 years;
d) has no criminal record;
e) have a high moral integrity in society.
Article 47 - (1) Membership status of the Council is considered terminated upon expiration
of the mandate, as a result of a personal request or in case of death.
(2) Member of the Council may be revoked by a decision of the Parliamentary Committee
for Human Rights and Ethnic Relations in circumstances which preclude the execution of
the member’s mandate or at the request of the Council adopted by a majority of elected
members in the event of failure or improper performance of duties. The new Council
member performs his duties until the revoked member mandate expires.
Article 48 - (1) The work of the Council is assisted by a specialized division within the
Office.
(2) The resources required for the functions of the Council are included in a separate budget
line, part of the Office's budget.
(3) Board members receive an allowance in the amount of 10 percent of average salary for
a meeting. - Variant I
(3) Board members shall receive an allowance for performing it’s duties in the rates for
allowance equal to 2.5% of the average wage per hour. Conditions and how these benefits
will be provided to be established in the Activity Regulation of the Council. - Version – II
Article 49 - (1) The Council shall convene meetings once a month. At the request of the
President or of at least 3 members, the Council shall be convened in extraordinary session.
(2) The Council is chaired by the President. In the absence of the President, the meeting is
chaired by a member designated by him or, where appropriate, by a member chosen at the
meeting.
(3) The Council is competent if the majority of members are present.
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