includes the abolition of specialized law courts (Chisinau Economical
District Court, Military Court, Economical Appeals Court). The
specialized courts’ duties shall be taken over by the courts of common
jurisdiction.
In March 2009, a decision of the Plenum Supreme Court was issued,
clarifying many aspects of case law concerning Article 3 ECHR. There
have been 24 ECtHR judgments against Moldova under Article 3.
Aspects of the Plenum decision include the requirement that detainees
are registered; the registration of officials present; that the person not
be interrogated in the absence of an “escort”; and an unbiased
investigation into allegations of ill-treatment. The Superior Council has
held seminars on Article 3 and the case law against Moldova.
One of the objectives of the continuous training of judges is their
conscious involvement in the eradication of torture. In this context,
thematic seminars on preventive arrest were organized, especially for
instruction judges, judges, prosecutors and lawyers.
From the beginning of 2008 the Ministry of Justice has undertaken
numerous activities in the field of promotion of human rights. Within
the Training on Human Rights the following topics were included:
“The minimum standards of maintenance of convicted persons”, “The
European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment”, “The Universal Declaration of
Human Rights” and “The national, regional and international
mechanisms of human rights protection”.
157
Generally speaking, the appreciation that the penitentiary policy is still
punitive does not correspond to reality. Thus, the provisions regarding
the regimes of detention (articles 269 to 273 of the Execution Code)
A/HRC/13/39/Add.6
The regimes in the penitentiaries have been established according to
the Execution Code and are characteristic to each type of penitentiary,
which represents different stages of the punishment of deprivation of
liberty. Thus, the practice envisages different stages within the
respective process. The first one (the initial regime), a reduced period
compared to the total term of the sentence, represents the stage of
ensuring the adaptation of the person to the penitentiary environment
and an evaluation according to rules nos. 16, 51, and 52 of the
Recommendations of the Committee of Ministries of the Council of
Europe no. R2006 (2).
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