CAT/C/MDA/CO/3
psychoneurological residential institutions in conditions that include inadequate food and
hygiene, with particularly poor conditions reported at the Balti and Cocieri institutions; that
many residents of these institutions have been deprived of legal capacity; that patients have
been held in closed environment situations in psychoneurological placement homes,
including for disciplinary purposes; that residents of boarding schools have been sent to
psychiatric institutions as punishment, as alleged in the case of a former headmaster, Igor
Sandler; that some persons deprived of their liberty are harmed by supervisory personnel
through sexual exploitation and abuse; and that there are high mortality rates in
neuropsychological institutions (arts. 2, 11–14 and 16).
32.
The State party should:
(a)
As a matter of urgency, ensure that independent monitoring mechanisms
have access to psychiatric hospitals and neuropsychological institutions, and provide
for an independent complaints mechanisms for patients in all psychiatric hospitals
and psychoneurological residential institutions and their family members;
(b)
Ensure that prompt, impartial and effective investigations are
undertaken into all allegations of abuse or violence, including any violence conducted
or condoned by administrative and medical staff employed in such institutions;
prosecute alleged perpetrators; and provide redress to victims;
(c)
Ensure that no one is involuntarily placed in such institutions for nonmedical reasons, including by ensuring that patients have the right to be heard in
person by the judge ordering the hospitalization, that judges seek the opinion of a
psychiatrist, and that such decisions can be appealed;
(d)
Review all cases of persons who have been forcibly placed in psychiatric
hospitals for non-medical reasons and provide them with an opportunity to be
released and, as appropriate, receive redress;
(e)
Undertake urgent measures to improve the material conditions,
including food and hygiene, in all psychiatric hospitals and psychoneurological
residential institutions.
Follow-up procedure
33.
The Committee requests the State party to provide, by 6 December 2018,
information on follow-up to the Committee’s recommendations regarding the
provision of fundamental legal safeguards to persons deprived of their liberty, the
death in custody of Andrei Braguta, and the national preventive mechanism (see
paras. 9, 14 (i) and 16 (c) above). In that context, the State party is invited to inform
the Committee about its plans for implementing, within the coming reporting period,
some or all of the remaining recommendations in the concluding observations.
Other issues
34.
The State party is requested to disseminate widely the report submitted to the
Committee and the present concluding observations, in appropriate languages,
through official websites, the media and non-governmental organizations.
35.
The Committee requests the State party to submit its next periodic report,
which will be its fourth, by 6 December 2021. For that purpose, and in view of the fact
that the State party has agreed to report to the Committee under the simplified
reporting procedure, the Committee will, in due course, transmit to the State party a
list of issues prior to reporting. The State party’s replies to that list of issues will
constitute its fourth periodic report under article 19 of the Convention.
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