CAT/OP/MDA/1
(d)
Length of mandate of the NPM’s members was set up to 3 years (article
45.3). Possibility of reappointment for second and last mandate could be added, in order to
retain persons with accumulated experience in the field of prevention of torture;
(e)
Requirement of work experience of at least 3 years for a member of the
Council should be reviewed with a view to increasing it. (Article 46 (c));
(f)
It is unclear whether the law requires all members of the Council to be
representatives of civil society (Article 45.1 is not in line with the selection criteria stated in
article 46);
(g)
Role, duties and limitations of the Chairperson of the Council have to be
enumerated;
(h)
Administration of the budget has to be a collegial decision of the Council, in
accordance with its mandate, priorities and strategic annual planning;
(i)
The law should include obligation for the NPM to present to the authorities
and the Parliament its Annual Reports (article 23 OPCAT);
(j)
It is unclear from the draft law whether the roster of external experts,
currently used by the Centre for Human Rights on an ad hoc basis, will continue to be used
by the NPM;
(k)
Communication/coordination mechanism between monthly meetings has to
be elaborated;
(l)
Three days deadline for authorities to submit a response, describing measures
taken further to the visit of the NPM, appears insufficient, as it is unlikely that significant
changes/commitments would take place in such a short time.
V.
Final recommendations
32.
The Subcommittee recalls that prevention of torture constitutes an on-going and
wide-ranging obligation of the State party.7 In this connection, the Subcommittee
welcomes the review of the legislative framework and further development and refinement
of working methods of the NPM. The Subcommittee further requests that the State Party
keep it informed on the reform process and other relevant developments regarding the
NPM, in order to assist the State party in fulfilling its obligations under the Optional
Protocol.
33.
The Subcommittee recommends that, given the preventive effect of such a measure,
the State make this report public. In addition, the Subcommittee recommends that the State
party distribute this report among the relevant institutions in all branches of government.
34.
Once again, the Subcommittee stands ready to assist the Republic of Moldova as far
as it is able in the common goal of prevention of torture and ill-treatment with a view to
translating commitments into the reality.
7
8
CAT General Comment No.2, CAT/C/GC/2, paras. 3 and 4.