5.4.4. Arbitrary detention
Arbitrary detention is prohibited. However, during the monitoring period, cases of detention beyond
the term provided by the court ruling were identified. The TPCF administration considers that the
beginning of the public custody is the time when the person was brought to the TPCF. Respectively,
when the placement term expires, the person is released at the time he entered the TPCF.
The authors of the study consider this fact absolutely illegal. The term for taking into public
custody starts from the moment the Judge pronounces the operative part of the conclusion /
decision for taking the person in public custody. In practice, it takes several hours for the
person to be transported from the court headquarters to the TPCF, especially when the
person is transported from the Cahul or Balti Court. Likewise, it is for the judge to expressly
indicate the date and time of public custody in order not to allow derogations from the
fundamental rules.
5.4.5. TPCF employee training
According to the authors, TPCF employees are not prepared for work in a multicultural and diverse
context. Detainees face language barriers in communicating with guards. Some employees do not
speak English. In addition to language issues, the attitude and behaviour of TPCF staff and guards is
racist and xenophobic. Detainees are cursed and verbally humiliated by some guards and staff
members. For example, the citizens of Bangladesh and Turkey have learned insulting words from
the lexicon used by employees in conversations with foreigners.
The Ombudsman concludes that the BMA / TPCF is to adopt a policy of tolerance towards
foreigners, and that the employment of staff must comply with non-discriminatory principles.
Such degrading and discriminatory behaviour in the custody institution is inadmissible.
5.4.6. Allegations of ill-treatment
According to the respondents, most of them alleged allegations of violence by the guards, degrading
and inhuman behaviour towards the detainees. Due to insecurity, fear and dependence on the
institution, including threats - detainees refused to file complaints. People who write complaints
about the conditions or the attitude of TPCF employees are victimized by various sanctions:
threatened with placement in solitary confinement; they have no access to food; they do not have
access to the telephone; they are threatened with being sent to prison or returned to their country of
origin where they will be tortured, etc. Along the way, LCA in the interest of some victims notified
the Prosecutor's Office and the OO.
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