CAT/C/MDA/CO/3
organizational obstacles, impede the enforcement of legislation and effective prosecution
and influence the outcome of cases. It is further concerned at reports that the authorities
have identified and assisted fewer victims than in the past (arts. 2, 11–14 and 16).
26.
The State party should take prompt and effective measures to prevent
trafficking in persons in the Republic of Moldova and investigate, prosecute and, if
they are convicted, punish individuals involved in trafficking in persons, including,
where relevant, public officials, with penalties commensurate with the gravity of the
crime, under relevant articles of the Criminal Code. In addition, the State party
should provide victims with access to effective remedies, including rehabilitation, in
all parts of the country.
Non-refoulement
27.
While noting the information provided by the State party during the dialogue, the
Committee is concerned about the decline in the number and percentage of asylum seekers
who have obtained refugee status or humanitarian protection in the State party. It is also
concerned about the increased detention of asylum seekers and the increase in the number
of expulsion decisions.
28.
The State party should facilitate rapid and equitable access to an individualized
refugee status determination procedure; promptly provide information on the right to
seek asylum; refrain from detaining asylum seekers; detain undocumented migrants
only as a measure of last resort and for as short a time as possible, including by using
alternatives to detention; and ensure full respect for the principle of non-refoulement.
Redress for victims of torture and ill-treatment
29.
While welcoming the approval on 29 July 2016 of Law No. 137 on the rehabilitation
of victims of crimes, which also covers torture, and taking note of the dialogue with the
State party, the Committee remains concerned at reports that the law is not consistent with
the requirements for the rehabilitation of torture victims enshrined in article 14 of the
Convention and outlined in the Committee’s general comment No. 3 (2012) on the
implementation of article 14, and that it lacks an effective implementation mechanism (arts.
2 and 14).
30.
The State party should:
(a)
Amend Law No. 137 with a view to ensuring that victims of torture and
ill-treatment have access to redress, including restitution, compensation,
rehabilitation, satisfaction and guarantees of non-repetition;
(b)
Develop a detailed rehabilitation programme for victims of torture and
ill-treatment, as outlined in the Committee’s general comment No. 3 (2012) on the
implementation of article 14, including by: amending the rules on the procedure for
the identification, registration and reporting of alleged cases of torture and inhuman
and/or degrading treatment to designate a specific referral mechanism to unify
relevant State institutions in the early identification and rehabilitation of victims of
torture and ill-treatment; establishing a State rehabilitation programme for torture
victims and providing adequate budgetary provisions without compromising the
independence of service providers; and ensuring that the programme offers
specialized, victim-oriented rehabilitation services that are appropriate, available and
promptly accessible and are not conditional on the filing of formal administrative or
criminal complaints;
(c)
Establish a system of data collection in order to identify the number of
victims of torture and ill-treatment and their specific reparation and rehabilitation
needs.
Treatment of persons in psychiatric, psychoneurological and other residential
institutions
31.
The Committee is seriously concerned at reports that persons with mental disorders
and psychosocial and intellectual disabilities are confined to psychiatric hospitals and
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