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. 13

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