flows, corruption and bribery; developing efficient institutions; participation in decision making at
all levels; legal identity for all.
The People's Advocate reminds the authorities that the Republic of Moldova has received a
series of international recommendations regarding issues related to the realization of the
fundamental right to individual freedom and security of the person. Reducing the length of the
preventive arrest to 48 hours, which is considered a sufficient period of time for arrested persons to
be brought to court22, repealing legal provisions legitimizing forced hospitalization and nonconsensual psychiatric treatment due to deficiency, stopping the deprivation of liberty of persons
with disabilities on the basis of a real or perceived deficiency23...
In the previous annual report, the People's Advocate recommended that the authorities apply
alternative measures to preventive detention so that it is applied as an exceptional measure; develop
alternative measures to preventive detention and increase the professional competence of the
judiciary in order to improve the motivation of decisions taken.
Despite these recommendations, the preventive detention remains a problem for the judiciary
in the Republic of Moldova. Thus, according to the answer provided by the Ministry of Justice
regarding the implementation of the recommendations of the People's Advocate in the Report on
Human Rights in the Republic of Moldova in 2018, during 2019 in preventive detention there were
placed 1136 people, compared to 1163 people in 2018, which constitutes a decrease of 2%.
The People's Advocate considers this decrease insignificant, which only emphasizes the fact
that the preventive detention is still applied unjustifiably and excessively.
During his visits, the People's Advocate continued to identify persons detained over the legal
term of 72 hours. We remind you that the international recommendations call for this term to be
reduced to 48 hours.
At the same time, the People's Advocate warns the management of the police inspectorates
that being in police custody of retained persons cannot exceed 72 hours, and if there are legal / solid
/ authorized reasons that this person must be in state custody and after the expiration of those 72
hours, the retained person is to be transferred to the custody of a penitentiary. The People's
22
The UN Committee on Civil and Political Rights argues that the State party should adapt its legislation and practice
to Article 9 of the Covenant, taking into account the general comment of Committee no. 35 (2014) on personal freedom
and security;
23
UN Committee on the Rights of Persons with Disabilities;
16
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