5.1. Placement place
The persons taken into public custody are placed in the Temporary Placement Centre for
Foreigners. TPCF is a specialized structure, administered by the BMA, intended for the temporary
accommodation of foreigners declared undesirable or against whom the measure of return or
expulsion has been ordered and who have been taken into public custody. TPCF is located in
Chisinau, on Petricani Street no. 88.
5.2. Placement period
Maximum period of taking into public custody:
of the foreigner against whom the return measure was ordered - 6 months,
of the foreigner who has been declared undesirable - 12 months,
of the foreigner against whom the expulsion measure was ordered - until the expulsion is
carried out.
The Supreme Court of Justice has ruled that, by its intensity and effects, custody deprives a person
of the physical freedom guaranteed by Article 25 of the Constitution. The Court has established
that, in the presence of sufficient conditions, the courts will order the application of the measure taking into public custody, for an initial duration of no more than 30 days. Also, the extension of the
custody period will be ordered for a period not exceeding 30 days, which cumulatively will not
exceed 6 months and 12 months, respectively, to ensure the exercise of judicial control of the
actions of the bodies empowered to execute return and removal decisions of foreigners from the
territory of the Republic of Moldova10.
5.3. Procedure for taking / prolonging the period of taking into public custody
The taking / prolonging of the period of taking into public custody is ordered by the court at the
motivated request of the competent authority for foreigners. The request of the competent authority
for foreigners to take the foreigner into public custody is examined by the court on the same day it
was filed.
The foreigner against whom the return measure has been ordered may file a complaint against the
measures of taking into public custody in court, which is obliged to examine it within 5 working
days from the date of receipt. The submission of the complaint does not suspend the execution of
the measure of taking into public custody.
10
Advisory opinion of SCJ no. 102 from 11.12.2018
46
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