RECOMMENDATIONS:
The People's Advocate recommends to the General Police Inspectorate to exclude from
the prerogatives of the police the detention of persons in preventive detention isolators of
over 72 hours;
The People's Advocate recommends the Superior Council of Magistracy to issue circulars
to the courts for the warning regarding the application of the preventive detention in
accordance with the international standards, mentioned by the People's Advocate;
LEGAL STATUS OF FOREIGN CITIZENS AND STATELESS PERSONS
In the Report on the observance of human rights in the Republic of Moldova in 2018, the
People's Advocate expressed his deep concern about the decision of the Moldovan authorities to
expel the group of people of Turkish origin from the country, under the pretext of threats to national
security. In this context, the People's Advocate warned that the state authorities are obliged, before
taking an expulsion decision, to carefully analyze the risks to which a person may be subjected and
the consequences of his or her expulsion.
In connection with this case, it should be mentioned that the Republic of Moldova was
condemned by the ECtHR by the Judgment of June 11, 2019 in the case of Ozdil and others v. the
Republic of Moldova for violating Articles 5 and 8 of the Convention for the Protection of Human
Rights and Fundamental Freedoms, for the expulsion of Turkish citizens from 2018.
The Court noted that the applicants' deprivation of liberty in the manner in which the
authorities proceeded was an illegal transfer of persons from the territory of the State to Turkey,
which circumvented all the guarantees offered to them by national and international law. There has
accordingly been a violation of Article 5 §1 of the Convention.
Given that the applicants did not enjoy the minimum degree of protection against arbitration
by the authorities, the Court concluded that interference with personal and family life was not in
accordance with a "law" satisfying the requirements of the Convention (see the case of Al Nashif v
18
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