INDIVIDUAL FREEDOM AND SECURITY OF THE PERSON
As a result of the analysis of the situation regarding the fundamental right to freedom and
security of the person, the People's Advocate considers that no amendments can be mentioned in
this field. Further there are detected situations in which persons are detained longer than the legal
deadline of 72 hours provides, and the data on persons in preventive detention show an insignificant
decrease in the application of this measure. At the same time, there are no efforts are made by the
state to implement international recommendations on the realization of this fundamental right.
The fundamental right to freedom and security of person is regulated in Article 9 of the
Universal Declaration of Human Rights, Article 5 of the Convention for the Protection of Human
Rights and Fundamental Freedoms, Article 9 of the Covenant on Civil and Political Rights, and
Article 14 of the Convention on the rights of persons with disabilities.
The Constitution of the Republic of Moldova, in Article 25, establishes that “(1) The
individual freedom and security of the person are inviolable. (2) The search, detention or arrest of
a person are allowed only in the cases and with the procedure provided by law. (3) Detention may
not exceed 72 hours. (4) The arrest shall be made on the basis of a warrant, issued by the judge, for
a maximum period of 30 days. An appeal may be lodged against the legality of the warrant, in
accordance with the law, in a hierarchically superior court. The term of arrest may be extended
only by the judge or by the court, in accordance with the law, up to a maximum of 12 months. (5)
The detained or arrested person shall be immediately informed of the reasons for the detention or
arrest, and the accusation - as soon as possible; the reasons for detention and accusation shall be
made known only in the presence of a lawyer, chosen or appointed ex officio. (6) The release of the
detained or arrested person shall be compulsory if the reasons for the detention or arrest have
disappeared. "
The right to freedom and security of person is also provided by the Sustainable Development
Goal no.16: Peace, justice and strong institutions. Promote peaceful and inclusive societies for
sustainable development, provide access to justice for all and build effective, accountable and
inclusive institutions at all levels.
Goals include reducing all forms of violence; eradication of violence against children and
child trafficking; promoting the rule of law and justice for all; reducing illicit financial and arms
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