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    CAT/C/MDA/Q/3

    Committee against Torture

    List of issues prepared by the Committee prior to thesubmission of the third periodic report of the Republicof Moldova CAT/C/MDA/3!" adopted by the Committeeat its forty#eighth session$ % May&' (une )*')

    +pecific information on the implementation of articles ' to ', ofthe Convention$ including -ith regard to the Committee.sprevious recommendations' 

    Articles ' and

    1. Please provide statistical data on cases, if any, since the consideration of the previousreport, of direct application by the courts, of the Convention.2 Please describe any progress

    made in amending legal provisions sanctioning torture and ill-treatment.2. Further to the Committee’s previous recommendations (para.1!, please provide information on measures ta"en to ensure that torture is punishable byade#uate penalties commensurate $ith the gravity of the crime. Please provide datareflecting the number of cases during the reporting period in $hich articles %&'(1!and %2 of the Criminal Code $ere applied, as $ell as data on cases in $hich other articles of the Criminal Code $ere applied against individuals accused of committing acts amounting to torture or ill-treatment, including the number of  persons convicted and their sentences.%

    ) ) *he present list of issues $as adopted by the Committee at its forty-eighth session,

    according to the ne$ optional procedure established by the Committee at its thirty-eighthsession, $hich consists in the preparation and adoption of lists of issues to be transmitted to+tates parties prior to the submission of their respective periodic report. *he replies of the+tate party to this list of issues $ill constitute its report under article 1' of the Convention.

    1 Paragraph numbers in brac"ets refer to the previous concluding observations adopted by theCommittee, published under symbol C*C/C02.

    2 3C041dd.11, para. 2'.% C1&dd.%,  paras.5'-6&.

    7nited 8ations C*C/9%Convention against Tortureand 0ther Cruel$ 1nhumanor Degrading Treatment

    or 2unishment

    /istr.: ;eneral11

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    +pecial attention is paid to the action related to ensuring an efficient internalcontrol for chec"ing compliance $ith the legislation upon receipt, registration,e=amination and settlement of petitions, and ensuring of a single system of record-"eeping and settlement of complaints against ill-treatment, use of inhuman or 

    degrading treatment by o3 employees.

    Further, $e $ould li"e to inform you about the assurance of unconditionalcompliance $ith art. 2', para , of the Criminal Procedure Code, on immediatehand-over to the prosecuting authorities of all statements, complaints or information$hich offer grounds to assume that a person has suffered acts of torture, inhuman or degrading treatment. 3t should be noted that, in 2&1%, no notifications $ere receivedfrom the Prosecutor ;eneral’s 0ffice regarding violations of the article thereof byo3 employees.

    3t should be ta"en into consideration that at the national level the crime of torture and ill-treatment is reflected in a ne$ article introduced by >a$ no. 2?2 of ugust 2&12 and effective from 21 /ecember 2&12 @ art. 1551 of the Criminal

    Code of the epublic of oldova.Prosecutors e=amined such notifications and in 6% cases, upon the re#uest of 

    the prosecution service bodies, o3 offered necessary support in establishing thecircumstances of the reported claims. dditionally, the o3 reacted to 5 casescovered in the media that $ere also handed over to the prosecutors.

    s a result of the investigations into the events of pril 2&&', criminal proceedings $ere initiated.

    Follo$ing Audicial e=amination, the courts of first instance ruled on 1'criminal cases (in t$o instances the cases $ere merged into a single file!, delivering Audgments of conviction against % o3 employees.

    0f the criminal cases opened against o3 employees under art. %&'1 (oldversion! during the years 2&&'-2&12, ? cases $ere opened in 2&&', 2 criminalcases in 2&1&, 25 criminal cases in 2&11, and ? criminal cases in 2&12.

    n analysis of the statistics of criminal cases opened against o3employees under art. 1551 of the Criminal Code (as of 1

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    subdivision that $ould ensure efficient investigation of allegations of ill-treatment$hile in state custody.  0n ay 2&1&, under /ecision no.66 of the Parliament of the epublic of oldova, the structure of the Prosecutor ;enerals 0ffice $as re-organiDed to

    include a /ivision for combating torture.  Eased on 0rder of the Prosecutor ;eneral no. '& of 2 8ovember 2&1&, prosecutors responsible for the investigation of such cases $ere appointed in theregional and specialiDed Prosecutor’s 0ffices.  ccording to the provisions of this normative act, such specialiDed prosecutors are prohibited from being involved in activities $hich imply cooperation$ith the o3, /P3 or 3++ subdivisions.

    *he primary obAective of the /ivision for combating torture of the Prosecutor ;enerals 0ffice is to develop national capacities for the efficient investigation of complaints of ill-treatment in state custody, based on the standards of theinternational la$, and in order to ensure the independence of the prosecutorsinvolved in this activity, it $as decided to this subdivision $ill report directly to theProsecutor ;eneral.

    Prosecutors from this specialiDed subdivision focused their efforts on promoting and implementing the recommendations formulated by representatives of international organiDations that carried out monitoring visits in our country.  epresentatives of the Prosecutor ;enerals 0ffice, $or"ing in a tas"-forcecreated for the purpose of amending the Criminal Code and the Criminal ProcedureCode, as $ell as, separately, $ithin the frame$or" of the tlas of *orture ProAect, incooperation $ith the >egal esources Centre of oldova and the 3nstitute for Penaleform, too" part in drafting amendments aimed at enhancing the legal frame$or" in the field of combating torture and other ill-treatment.  *he result of these tas"-forces $or" $as the content of >a$ no. 55 of ? pril2&12 on the amendment and supplementation of the Criminal Procedure Code of theepublic of oldova no. 122-G of 1 arch 2&&%, as $ell as >a$ no. 2?2 of  8ovember 2&12 on the amendment and supplementation of some pieces of 

    legislation.s a result, the Criminal Code $as amended to include a ne$ article, 155 1 @ 

    *orture, inhuman or degrading treatment, $hich had a t$ofold impact on thecriminal legislation of our country:-  it introduced criminal punishment for actions $hich constitute inhuman or degrading treatmentB-  it significantly increased penalties for acts torture.*he article in its current version states as follo$s:Article ',,'  Torture$ inhuman or degrading treatment(1! /eliberate infliction of pain or physical or mental suffering, $hich constitutesinhuman or degrading treatment, by a public person or a person $ho de factoe=ercises the po$ers of a public authority, or by any other person that acts in officialcapacity or $ith the direct or implied consent of such a person is punishable by ) to, years imprisonment or a fine of && to 1&&& conventional units, in both cases$ith the deprivation of the right to hold certain positions or to engage in certainactivities for a period of % to ? years.(2! *he actions set forth in para (1!:a! committed "no$ingly against a Auvenile or against a pregnant $oman or by ta"ingadvantage of the victim’s "no$n or obvious helpless condition caused by advancedage, disease, physical or mental handicap or another factorB b! committed against 2 or more personsBc! committed by 2 or more personsB

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    d! committed by use of $eapon, special tools or other obAects adapted to this purposeBe! committed by a person in leading positions or by a public officialBf! $hich out of negligence caused serious or medium damage to the bodily integrity

    or healthBg! $hich out of negligence caused the death of the person or hisher suicideare punishable by imprisonment from 3 to 4 years or a fine from && to 1&&&conventional units, in both cases $ith the deprivation of the right to hold certain positions or to engage in certain activities for a period of ? to 1& years.(%! *orture, i.e. any deliberate action $hereby serious physical or mental pain or suffering is inflicted upon a person for the purpose of obtaining from this person or from a third person information or confessions, to punish the person for an actionheshe or a third person committed or is suspected of having committed, tointimidate or e=ert pressure on himher or on a third person, or for any other reason, based on a form of discrimination, $hichever it might be, $hen such pain or suffering is caused by a public person or by a person $ho de facto e=ercises theduties of a public authority, or by any other person acting in official capacity or $ith

    the direct or implied consent of such a personis punishable by imprisonment from , to '* years $ith the deprivation of theright to hold certain positions or to engage in certain activities for a period of to 12years.(! *he actions set forth in para (%!:a! committed "no$ingly against a Auvenile or against a pregnant $oman or by ta"ingadvantage of the victim’s "no$n or obvious helpless condition caused by advancedage, disease, physical or mental handicap or another factorB b! committed against 2 or more personsBc! committed by 2 or more personsBd! committed by use of $eapon, special tools or other obAects adapted to this purposeBe! committed by a person in leading positions or by a public officialB

    f! $hich out of negligence caused serious or medium damage to the bodily integrityor healthBg! $hich out of negligence caused the death of the person or its suicideare punishable by imprisonment from 4 to '5 years  $ith the deprivation of theright to hold certain positions or to engage in certain activities for a period of 1& to1? years. 

    Conse#uently, the content $as replaced for art. %&' of the Criminal Code, andart. %&'1 and art. %2 para (2! let. a!, c! of the Criminal Code $ere abolished.  3n the current version, art. %&' reads as follo$s:Constraint to ma6e statements

    Forcing a person, by means of threatening or other illegal actions, to ma"estatements, to enter into a plea agreement, forcing, in the same $ay, the e=pert todraft the conclusion or the translator or the interpreter to ma"e an incorrect $rittenor verbal translation of the person that establishes the crime, of the criminalinvestigation officer, the prosecutor or the Audge, unless this does not constitutetorture, inhuman or degrading treatment,is punishable by imprisonment from 2 to 5 years or a fine of && to 1&&&conventional units, in both cases $ith the deprivation of the right to hold certain positions or to engage in certain activities for a period of ? years.  ccording to the current penal provisions, neither statutes of limitation$ noramnesty is applicable to the crime of torture. t the same time, in such cases nomilder punishment can be applied other than that stipulated by la$.

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      3n this regard, the necessary amendments $ere made to art. 5&, 1&6 and,respectively, art. 6' of the Criminal Code of the epublic of oldova.

    egarding the criminal case of 27dureț vs. oldova, $e can communicatethat as a result of the the 4uropean Court of uman ightss Audgement against theepublic of oldova, the state made a commitment to amend the Criminal >a$ soas to avoid similar cases in the future. *herefore, by >a$ no. 2?2 of 8ovember 2&12 on the amendment and supplementation of several legislative acts the CriminalCode $as amended, and namely art. 5& para (! $hich stipulates that the H statute of limitations does not apply to persons who committed crimes against the peace and 

     security of humankind, war crimes,  crimes of torture , inhuman or degrading 

    treatment or other crimes provided for by the international treaties the Republic of 

     Moldova is party to”. 

    Article )5

    . Please provide information regarding the status of the reform of the criminal Austice systemand the adoption by the ;overnment of the +trategy for

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    implementation of the measures planned and results achievedB 0rder no. of 11arch 2&1% on the approval of the ction Plan for 2&1%, the content of the latter including the actions regarding the implementation of the

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    3n the period from 2&&' to the first half of 2&1%, a series of training events $ereconducted by the 83< in the field of combating torture and ill-treatment $ as follo$s8

    )*'*, seminars$ H4C and CP* standards for combating ill-treatment and impunity.

    7se of alternatives for temporary detentionI , trained in total: 1! beneficiaries " #$ %udges, #& prosecutors, ' other categories.

    ) seminars, H3nvestigation in line $ith the 4uropean standards of complaints of ill-treatment (torture! I, trained in total: 15& - & Audges, & prosecutors, organiDers: 83

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    inmates, 5 cells per detention bloc", a disciplinary isolator for ?& detainees, amedical facility $ith a capacity to accommodate 12 detainees and a transit bloc" for 12 prisoners. *his facility is due to replace Penitentiary no. 1% located inChisinau. t the same time, actions $ere ta"en to prepare the construction site and

    the proAect paper$or" for building a similar short-term prison facility, $ith acapacity of 5?& places, in Ealti municipality, $here persons held on remand $ill bedetained, as $ell as persons serving the sentence in the initial regime.

    t the level of policies, actions $ere ta"en to promote a HDero toleranceIattitude against torture, $ith special attention being paid to the initial and refresher training programs for the staff of the penitentiary system provided by the *rainingCenter of the /P3.

    Concerning the H*raining in the field of human rightsI, subAects in the fieldof prevention of torture and ill-treatment $ere studied. s a result of the cooperation bet$een the /epartment of Penitentiary 3nstitutions and the Center for umanights of oldova (C!, $hose director is an honorary member of the /P3dvisory Council, on 21 +eptember 2&12, it $as decided to develop an ction Planon combating torture and ill-treatment in the penitentiary system (approved on 2&

    /ecember 2&12!.+imilar actions $ere also ta"en to improve detention conditions, and the

    current state of affairs can be described as relatively satisfactoryB comple= actions$ere carried out to provide arguments for the financial needs for improving cell bloc"s, medical care, prison food and other needs, follo$ing $hich +tate Eudgetallocations for these items increased significantly, as follo$s:

    - e=tensive and running renovations @ /> 6,5,'&& in 2&11 to />,%%,&& in 2&12B

    - medical care - from /> 2,?',5&& in 2&11 to /> %,1?5,1&& in2&12B

    - prison food - from /> 2?,%',5&& in 2&11 to /> %1,25?,5&& in2&12B

    - basic supplies for prisoners - from /> 6?,5&& in 2&11 to />

    1,1&',&&& in 2&12.3n addition, actions $ere ta"en to create better detention conditions, provide

    reconstructions, e=tensive and running repairs, supply of tools, inventory ande#uipment necessary for the smooth running of the penitentiaries, $ithin the limitsof the funds granted from the state budget, as $ell as by national and foreign donorsand investors.

    Eased on the recommendations of the 4uropean Committee for thePrevention of *orture and 3ll-treatment (CP*!, measures have been ta"en to improvethe #uality and diversity of food, to provide better medical care and #ualifiedtreatment, improve re-socialiDation and social reintegration measures, providesafeguards and ensure that prisoners can e=ercise their rights, and last but not least,conduct activities for increasing the responsibility and attitude of the personnel of the penitentiary system to$ards these.

    6. Please provide statistical information about the current number of pretrial andconvicted prisoners, disaggregated by crime, se=, age, ethnicity and region of thecountry. Jhat actions have been ta"en to increase the use of non-custodial measures before and after trial, to ensure that pretrial detention is only used as an e=ceptionalmeasure, to implement alternatives to pretrial detention, and to separate convicted prisoners from those held in pretrial detentionK 

    C1&dd.%, paras.15 and '&(b!B C1'1, para.65.1B C1'1dd.1, para.2&.

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    0verall, during the period from ugust 2&&' to %&

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    Crimes against

    se>ual life art '%' #

    '%5 (art. 1&2, 1&% ofthe 1'51 Criminal

    Code!

    ?16 ('.'M! 16 (.12M! N1&& N2%.' M

    Theft art '4, (art.11' of the 1'51Criminal Code!

    55 (12.'1M! 6%' (1.%M! -61 -'.5 M

    Robbery art '4% (art. 12& of the 1'51Criminal Code!

    &% (6.6M! 2 (.%%M! -2? -?. M

    9urglary art '44 (art. 121 of the 1'51Criminal Code!

    ?6 (11.%%M! ??2 (1&.6M! N%? N5.%M

    Traffic6ing in

    children art )*,

    (art. 11%1 of the 1'51Criminal Code!

    2 (&.??M! 1 (&.2M! N1 -

    1llegally ta6ing

    children out of the

    country art )*% (art.112% of the 1'51Criminal Code!

    - - - -

    1llegal activity

    related to the

    movement ofnarcotic substances

    art )'%#)'? (art.22?1 of the 1'51Criminal Code!

    2& (?.&M! 26% (?.%1M! N6 N 2.? M

    @conomic crimes

    art )3,#)54

    ' (&.1M! 1 (&.26M! - ? - %?.6 M

    9anditry art )43

    (art. 6 of the 1'51Criminal Code!

    1% (&.2?M! 2& (&.%M! - 6 - %? M

    Actions disrupting

    the activity of the

    penitentiaries art

    )4, (art. 61 of the1'51 Criminal Code!

    1 (&.&1M! (&.&6M! -% -

    ooliganism art

    )4% (art. 21 of the1'51 Criminal Code!

    6 (1.2M! 65 (1.6M! -2 - 2.5M

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    1llegal use of

    -eapons and

    munitions art )?*

    and art )?) (art. 226

    of the 1'51 CriminalCode!

    1 (&.&1M! 5 (&.11M! -? -

    Crimes committed

    by officials art 3)#

    33)

    (art. 1@1' of the1'51 Criminal Code!

    - (&.&6M! - -

    Military crimes art

    3,#3?)

    (art. 2%@26& of the1'51 Criminal Code!

    (&.&6M! 5 (&.12M! -2 - %%.% M

    0ther crimes ?21 (1&.&?M! 52& (12.&5M! -'' -1?.' M

    Total 5'4' '**;! 5'* '**;! : ' : *%;

    9rea6#do-n by criminal relapse

    ctually detained: # pers : # ;as of 1 pril 2&1% as of 1 pril 2&12

    1 time offender 21%? (1.2&M! 21& (1.5%M! -? -&.2 M33 time offender  112 (26.25M! 11? (26.?%M! -% -&.2 M

    111 time offender and

    more

    15% (%1.?M! 1?? (%&.M! N' N%.&' M

    Total 5'4' '**;! 5'* '**;! : ' : *%;

    9rea6#do-n by terms served

    ctually detained: # pers : # ;as of ' April )*'3 as of ' April )*')

    Bp to ' year 66 (1. M! 2 (1.5& M! -? -5.&' Mfrom ' &3 years including 5' ('.&? M! ??6 (1&.% M! - -1?.6 Mfrom 3 # 5 years including ?% (15.6 M! 51 (15.6? M! - -&.' Mfrom 5 & '* years

    including

      161 (%.% M! 16& (%%.22 M! N6% N.2 M

    from '* & '5 years

    including

    1&%2 (1'.'2 M! '?? (1.? M! N66 N.&5 M

    from '5 & )* years

    including

    5%& (12.15 M! ?'& (11. M! N& N5.6 M

    from )* & )5 years

    including

    22% (.%1 M! 26& (?.25 M! -6 -16. M

    over )5 years 2& (&.% M! 25 (&.?& M! -5 -2%.&6 Mlife sentence '5 (1.? M! '1 (1.6 M! N ? N?. MTotal 5'4' '**;! 5'* '**;! : ' : *%;

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    Description according to age

    ctually detained : # pers : # ;as of ' April )*'3 as of ' April )*')

    7p to 1? years old including - % (&.&? M! - -7p to 15 years old including % (&.&? M! - - -7p to 16 years old including 12 (&.2% M! 5 (&.11 M! N5 -7p to 1 years old including 1& (&.2& M! 6 (&.1% M! N% -1 - 21 years old including %&& (?.& M! 251 (?.&6 M! N%' N 1.' M

    )' & 3* years old including 1555 (%2.1?M! 165& (%.2?M! -' -?.% M3* & * years old including 151 (%2.?M! 161' (%%.?M! -% - 2.2 M* # 5* years old including '? (16.2 M! ?5 (15.55 M! N%' N &.1 M5* # 55 years old including %%& (5.%5 M! 26 (?.1 M! N?2 N 1.6 M55 & ,* years old including 15? (%.1 M! 1?% (2.' M! N12 N 6. Mover ,* 11' (2.%& M! '6 (1.' M! N22 N 22.5 MTotal 5'4' '**;! 5'* '**;! : ' : *%;

    Description according to the social status

    ctually detained : # pers : # ;as of 1 pril 2&1% as of 1 pril 2&12

    or6ers 11 (22.5 M! 116& (22.65 M! N1 N1.1 M0fficials 2' (&.?? M! 25 (?.21 M! -2%' -'.1 Marmers 1& (2&.'% M! 1&?1 (2&.? M! N%% :3' ;

    Military 16 (&.%% M! 15 (&.%2 M! N1 N5.2M+tudents ? (&.5 M! % (&.6 M! N6 N1. MBnemployed 25?' (?1.%% M! 21 (6.?& M! N21 N.' M

    Retired persons (1.52 M! 6 (1.?1 M! N5 N6.5 M0ther categories 6' (1.?2M! 6 (1.?1M! N1 N1.2 MTotal 5'4' '**;! 5'* '**;! : ' : *%;

    Description according to the employability

     ctually detained : # pers : # ;

    as of ' April )*'3 as of ' April )*')

    4mployable ?&2' ('6.&6M! '1 ('5.'&M! N :*? ;

    2ersons -ith the 1#11

    degree of disability

    6 (1.5M! ' (1.6M! -2 -2.2 M

    2ersons -ith the 111 degreeof disability

    5? (1.2?M! 6& (1.%5M! -? -6.1 M

    Total 5'4' '**;! 5'* '**;! : ' : *%;

    Description according to the education

    ctually detained: # pers : # ;as of ' April )*'3 as of ' April )*')

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    1lliterate & (1.?? M! 115 (2,2? M! -%5 -%1.&% M2rimary education 2&% (%.'1 M! 256 (?,2& M! -5 -2%.' M1ncomplete secondary

    education

    2&& (?.& M! 25?6 (?1,6& M! N1% N?.% M

    +econdary education 1??? (%& M! 1?5 (%&,? M! -%1 -1.' M+pecial secondary

    education

    %'' (6.6& M! %5? (6,1& M! N% N'.% M

    1ncomplete higher

    education

    ?2 (1.&% M! ?% (1,& M! -1 -1.M

    igher education '2 (1.66 M! '5 (1,5 M! - -.1 MTotal 5'4' '**;! 5'* '**;! : ' : *%;

    . 3n light of the recommendations in relation to legal safeguards and effectivemeasures to prevent torture, made by the Committee (para.1&! and the +pecialapporteur on torture and other cruel, inhuman or degrading treatment or 

     punishment (C1&dd.%, para.'&(b!!, please provide information on:'

    (a! Jhether every detainee, including any person detained under theadministrative la$, is afforded all fundamental legal safeguards during hisher detention, inter alia, the right to access a la$yer, to have an independent medicale=amination, and to notify relatives from the actual moment of deprivation of libertyand to be informed of his or her rights, including grounds for the detention. Pleasecomment on allegations that detainees have been fre#uently denied the right to meetconfidentially $ith their la$yers, in particular at the early stages of police custody(C1&dd.%, para.56(%!!, and that detainees are fre#uently not permitted tocontact family members until several hours have passed from the commencement of deprivation of liberty.1& Jhat measures has the +tate party ta"en during the reporting period to monitor the implementation of these fundamental safeguardsK

    *o facilitate conditions for monitoring the state of prisoners in temporarydetention centers, the respect of the rights of the persons detained in the specialo3 institutions, in line $ith the 4uropean Committee re#uirements for thePrevention of *orture and 3nhuman or /egrading *reatment or Punishment (CP*!,and compliance $ith o3s 0rder no. %& of &6 8ovember 2&11, H*n amending and supplementing Mo+ *rder no. & of & -anuary $!!( I, the provisions of the4uropean Convention for the Prevention of *orture and 3nhuman or /egrading*reatment or Punishment, all heads of the internal affairs bodies and subdivisions$ere urgently ordered to ensure that each person placed in a temporary detentionfacility is informed about hisher rights and obligations, attaching this information toall personal files of the prisoners and subAect to their signature, as $ell as to installinformation boards at the entrance to the temporary detention facilities listing all therights of the detained or arrested persons.

    s regards procedure, it should be noted that ne$ regulations $ereintroduced in the Criminal Procedure Code $hich are related to the documentationof the person’s detention, intended to strengthen the safeguards afforded to the person to be placed in detention.

    +pecifically, in art. 156 para (1! of the Criminal Procedure Code, an e=pressobligation $as has been introduced to record in the detention report the physicalcondition of the person detained, complaints related to his or her health condition,

    ' C1&dd.%,  paras.1? and 6?B CP*3nf (2&12! %, paras.21-%1.1& CP*3nf (2&12! %, para.21.

    http://uhri.ohchr.org/document/index/06d106e9-2f9e-44a0-80da-3f6e9bd791f3http://uhri.ohchr.org/document/index/06d106e9-2f9e-44a0-80da-3f6e9bd791f3

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    $hat he or she is $earing (description of the clothing!, e=planations, obAections,re#uests of the detained person, re#uest to have access to medical e=amination,including at o$n e=penses, as $ell as the obligation to immediately hand over to the person a copy of the detention report.

    oreover, pursuant to art. 156 para (5! of the Criminal Procedure Code, if atthe time of the detention the presence of some lesions or bodily inAuries of thedetained person are ascertained, the criminal prosecution officer shall immediatelynotify the prosecutor thereof, $ho shall immediately order legal medical findings,depending on the case, a forensic legal e=amination in order to establish the originand character of the inAuries or lesions.

    0ne of the fundamental safeguards against torture $as regulated in the4nforcement Code as $ell by introducing para (2! in art.16? 1 , $hich states that the person detained in conditions set forth in para (1! is immediately subamination upon entry into or discharge from the place of detention ,as $ell as upon re#uest, including at o$n e=penses, throughout the detention. *hemedical e=amination is carried out confidentially.  +imultaneously, art. 5 para (2! pt. 1?1! of the Criminal Procedure Code

    stipulated e=pressly the right of the suspect to have access to independent medicale=amination and aid, including at o$n e=pense, immediately after being detained or after being notified about the decision on the application of provisional arrest.

    side from those mentioned above, it should be stressed that steps areregularly ta"en to create decent detention conditions (separate beds, mattresses, bedclothes, blan"ets, pillo$s, JC, sin"s, ventilation systems and natural light, etc.!.

    3n particular, proper conditions $ere created for prisoners to haveconfidential meetings $ith their counsels, $ithout limiting their fre#uency andduration, etc. 3n this regard, in each temporary detention facility there $ere arrangedrooms for visits and prosecution proceedings. Currently, detention conditions for the persons placed under arrest under the Code of dministrative 0ffenses and the

    Criminal Code have improved essentially, and concrete steps shall be ta"en to finallysettle this issue.t present, the persons detained or under arrest are granted meetings $ith

    their counsels during daytime from &5.&& to 22.&& hrs, including on +aturdays and+undays, $ithout limits as to their fre#uency and duration.

    *o ensure observance of the rights of the persons detained at the o3special institutions, in line $ith the re#uirements of the 4uropean Committee for thePrevention of *orture and 3nhuman or /egrading *reatment (CP*!, o3employees are re#uired, in respect to the persons detained, to comply $ith thefollo$ing rules: immediately notify close relativesB ensure confidential counselaccessB ensure access to a doctor, including for medical e=aminationB and issue them$ith a notice of rights, $hose receipt they must confirm by signing a declaration.

    *he detention conditions of the persons in temporary detention facilities

    subordinated to the o3 $ere adAusted to the re#uirements set out by the 4uropeanCommittee for the Prevention of *orture and 3nhuman or /egrading *reatment(CP*! recommendations, being harmoniDed $ith a vie$ to ensuring respect for thefundamental human rights.

    ccording to the tas"s set by the o3 on the observance of the rights of the persons detained in the o3 special institutions, as $ell as follo$ing the visits of the representatives of the 4uropean Committee for the Prevention of *orture and3nhuman or /egrading *reatment (CP*!, a series of rights for the persons detained by the police have been highlighted as primary:- to be verbally familiariDed $ith the essence of the suspicion, the grounds andreason for the deprivation of libertyB

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    - to re#uest a verification by the prosecutor of the legality of the detentionB- to appeal against the actions of the person conducting the criminal prosecution, of the criminal prosecution officer, of the prosecutor, of the administration of thetemporary detention facility, of the members of the escort, as $ell as of the persons

    securing the temporary detention facilityB- to use o$n clothing and foot$ear, as $ell as other obAects and items, $hose list isset out in the egulation of internal order in the temporary detention facilitiesB- to receive free food according to the established norms and other forms of materialsupportB- to be entitled to one hour $al"s dailyB- to receive pac"ages, pac"ages and parcels, to be entitled to short visits, to sendmailB- to refrain from ma"ing statements to avoid self-incriminationB- to be assisted by a counsel of hisher o$n choice or one appointed by the stateB- to obtain at any time information regarding his or her rights and obligationsB- to inform the relatives about his or her deprivation of libertyB- to get a medical e=amination by a doctor, or a forensic doctor if appropriate, $ith

    the detailed description of the inAuries ascertainedB- to benefit from free medical treatmentB- to benefit from personal hygiene.

    inors, $omen accompanied by children and pregnant $omen enAoy daily$al"s lasting for up to 2 hours.

    0ften $hen conducting monitoring of detention facilities, representatives of the institutions mentioned above, in addition to other tas"s, offer free legalcounseling to the prisoners. Further, legal counseling is primarily offered bycounsels (la$yers! $ho, for the purpose of these activities and upon the consent of the criminal prosecution officer, has the right to unlimited communication $ith theclient, $ith the latter being advised of the conditions of complying $ith the legalrestrictions related to the running of criminal or administrative proceedings and thedetention regime, including the terms of enAoying free legal counseling.

    *he institutions $hich ensure the detention of persons may be visited byother persons $ith a special permission by the administration of these institutions or of officials higher in the line of authority, or based on court decision, and in the caseof pre-trial prisoners, also based on the decision of the criminal prosecutionauthority or of the court $hich hears the case.

    Je $ould li"e to inform you that $ith a vie$ to preventing torture and other forms of ill-treatment in police custody, in particular $ith regard to the measuresaimed at bringing the perpetrators to Austice, and for the purpose of ensuringconfidentiality of the meetings of the person in the custody of prosecutionauthorities $ith the counsel, proper conditions $ere created for prisoners to haveconfidential meetings $ith their counsels, $ithout limiting their fre#uency andduration, etc.B in this regard, rooms $ere arranged in each temporary detentionfacility for visits and prosecution proceedings.

    3n this conte=t, based on notifications issued by the Prosecutor ;enerals0ffice follo$ing violations during visits of some la$yers to their clients held intemporary detention, in the temporary detention facility of the Chisinau ;eneralPolice +tation, $hich $ere due to the lac" of permission by the prosecutionauthority or lac" of $or"ing hours on +aturdays and +undays at some detentionfacilities, a o3 order $as issued to amend pts. ?.1?, ?.16 and ?.21 of o3 0rder no.? of ?

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    egarding the measures adopted to strengthen the independence of the 8Pfrom the 0mbudsmans 0ffice, $e $ould li"e to communicate that in order to avoidrestrictions of access to specialiDed o3 locations by the ombudsmen andmembers of the dvisory Council, on 1& /ecember 2&&', o3 0rder no.1 $as

    issued to supplement o3 0rder no. %& of 2 /ecember 2&&, and namely theegulation on ensuring the security and regime of access to the premises of theo3 bodies and subdivisions, $ith the follo$ing content: pt. 1% letter a! after the$ords Prosecutor /eneral0s *ffice and the regional office” $as supplemented $iththe follo$ing: ombudsman, member of the dvisory ouncil, public servant of theenter for 2uman Rights”, and in anne= no. 21 to the 3nstructions on the activity of temporary detention facilities of o3 0rder no. 22% of &5 a$ on0mbudsmen no. 1%' of 16 0ctober 1''6, as $ell as for the purpose of developinga 8ational echanism for preventing torture and ill-treatment, the o3 issueddirective no. 51''6 of ? ugust 2&11 on informing the regional o3 policesubdivisions about the establishment of the members of the dvisory Council of theCenter for uman ights and their duties, $hereby it $as ordered to all heads toensure that the subordinated staff is informed about the composition of the membersof the dvisory Council of the Center for uman ights, as $ell as about their rights, the free access of the dvisory Council members to the subordinatedinstitutionsB efficient and productive cooperation $ith the dvisory Councilmembers, as $ell as the designation of an administration member responsible for  providing the re#uired assistance during monitoring visits.

    Further, on ? ugust 2&11, o3 issued /irective no. 51''6 on informing

    the regional o3 police subdivisions about the appointment of the dvisoryCouncil members of the Center for uman ights and their duties.

    *hrough this directive, the ead of the ;eneral Police +tation of Chisinaumunicipality, the ead of the 3nternal ffairs /epartment of *7 ;agauDia, theead of the igration and sylum Eureau and the heads of police stations $ereordered to ensure that the subordinated staff is informed about the composition of the members of the dvisory Council of the Center for uman ights, as $ell asabout their rights, including the thorough study $ith the des" officers and heads of the temporary detention facilities, free access of dvisory Council members tosubordinated institutions, including temporary detention centers (according to theanne=!, efficient and productive cooperation $ith the dvisory Council members, as$ell as the designation of an administration member responsible for providing there#uired assistance during monitoring visits.

    dditionally, the o3 employees $ere $arned they could face disciplinarysanctions should they fail to comply $ith these re#uirements or in case of restrictingaccess of Eoard members to the police inspectorates, including to detentionfacilities.

    t the same time, $e $ould li"e to inform you that the o3 too" a series of actions aimed at ensuring the rights of the persons detained in temporary detentionfacilities, preventing and combating cases of torture or inhuman and degradingtreatment, by regularly conducting surprise inspections at o3s special institutions

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    in a bid to identify prisoners $ith complaints or $ith signs of inhuman or degradingtreatment applied to them by police officers.

    3n order to avoid cases of illegal detention of persons in temporary detentionfacilities, as $ell as of inhuman and degrading treatment, the o3 carried out 5%

    surprise inspections in 2&11 and 1?& others in 2&12, and they revealed no case of illegal detention.

    lso, the o3 personnel, as $ell as the staff of the temporary detentionfacilities from the regional subdivisions, are permanently reminded of the severeconse#uences $hich may occur in case the right of persons under administrative andcriminal arrest to complain to the representatives of the institution $ould berestricted.

    Please provide data on the number of la$ enforcement officers disciplined or other$ise punished for failing to respect them, and indicate the sanctions imposedB

    ll complaints alleging acts of torture and ill-treatment at the hands of thestaff of temporary detention centers $ere thoroughly e=amined, including throughvisits to the premises of the penitentiary institutions and evidence gathering. 3n casethe information claimed in the complaints $as confirmed, the evidence $as handedover according to the competences to the prosecution authorities.

    s a result of these actions, in 2&12, 1% criminal cases $ere opened oncharges of abuse of po$er and 6 criminal cases on charges of torture. 3n a criminalcase of those 6, an officer of the temporary detention facility $as convicted to oneyears imprisonment, under art. 6' of the CC, $ith the sentence to be served in aclosed-type penitentiary, and $ith a %-year ban on holding official positions in thela$ enforcement authorities. 3n 2&12, 1% officers (2& persons in 2&1& and 1% personsin 2&11! $ere dismissed from the penitentiary system for disciplinary violations and others (11 persons in 2&1& and 1& persons in 2&11! $ere discredited.

     (b! easures ta"en to ensure that arbitrary detention does not ta"e place and thatall detained persons are brought promptly before a Audge and able to challengeeffectively and e=peditiously the la$fulness of their detention through habeascorpusB

    7pon o3s initiative, the first step $as ta"en to ensure transfer into penitentiary facilities of all persons $ith an arrest $arrant, and in particular byfollo$ing the provisions of o3 0rder no.2? of 2

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    *o ensure the mandatory and periodic procedure of medical e=amination of  prisoners, each prisoner in the */Fs is daily #uestioned regarding his or her healthcondition, and in case $hen the detained person re#uires medical assistance he or she is escorted to the medical facility to receive it, $ith corresponding records being

    made in the logboo" of the assistance provided.Jhere re#uired, the emergency team '&% is called for a more e=tensive

    medical e=amination, and the detained person may be admitted to specialiDedmedical institutions for thorough chec"s.

    ll doctor visits or cases of medical assistance are recorded in a speciallogboo", $hich is presented upon re#uest to the interested party or to the la$yer.

    oreover,  in line $ith the provisions of the o3 0rder no. % of 250ctober 2&&5 on medical e=amination of the person detained and placed in the*/Fs, medical e=amination is mandatorily performed $hen a person is placed intoor leaves the */F, $ith the medical e=amination report being e=ecuted in t$ocopies. 3n case the detained, arrested or convicted person refuses to receive medicale=amination from the */F paramedic, upon his or her re#uest it is allo$ed for thee=amination to be run by a proposed independent doctor. 3f the medical e=amination

    reveals signs $hich indicate possible actions of torture or inhuman treatment, themedical personnel is re#uired to immediately inform the administration of thesubdivision and the prosecution service. 3n 2&11, 2 such cases $ere recorded, $hichnevertheless $ere not confirmed follo$ing an e=amination by the prosecutor’soffice.

    dditionally, pursuant to the provisions of pt. 1', Chapter 33 of o3 0rder no. 22% of 5

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    ccording to the provisions of point 1? of the inistry of

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    number of  e=amined patients

    number of e=amined patients

    number ofe=amined patients

    3nvestigated at

    institutions

    1?6 21 -

    4=pert consults 1? 12 ?%&7ltrasounde=aminations(7+;!

    '2 1&5 '&

    ComputeriDedtomographies(C*!

    1 2? %

    ComputeriDedtomographies(C*!

    1 2? %

    3nvestigationsat the ProsthesisFactory

    1& 6 -

    +urgeries: ' 2?Child deliveries - 2 %

    Ey rate of incidence among prisoners in 2&12 health issues occurred as follo$s:  - 3 place @ gastrointestinal pathologies

    - 33 place @ mental disorders  - 333 place @ respiratory diseases  - 3G place @ infectious and parasitic diseases  - G place @ traumas and poisoning  - G3 place @ cardiovascular system pathologies.

    3n this conte=t, it should be noted that the cooperation $ith the 3+P of the inistry

    of ealth is e=emplary, and the convicts enAoy medical assistance $ithout anyimpediments. % prisoners $ere treated in in-patient units of the public medicalinstitutions $ith $hich contracts on medical service provision e=ist.

    ccording to art. 2%2 pt. of the 4nforcement Code, convicted persons may receiveat their o$n e=pense consults from a private doctor. 3n the first ' months of 2&1%, prisoners received 1 consults from dentists, % consults from 48* doctors, 1 consultsfrom oncologists, % consults from urologists, % ophthalmology consultsB 2 consultsfrom angiosurgeonsB 1 consult from a neurosurgeon, 1 consult from a traumatologistB 2dermatology and venereology consulsB 1 consult from an endocrinologistB % consultsfrom urologistsB ? ultrasound tests, 2 -ray testsB 1 fibrogastroduodenoscopy testB 13 testB 1 dopplerography testB 1 fibroscan testB 1 fi=ation of the mandibleB 1 plaster  bandageB 2 laboratory microbiological investigations.

    *he statistics of the prisoners e=amined by the C4G in the penitentiary hospital

    are the follo$ing:

    *otal, 1&&M 3ncludingPrimary M e-e=amination M

    2&1& 11' ? ?,M 5? ?,5M2&11 11 ,&M 55 ?5,&M2&12 1&2 %5 2',6M 55 61,%M' months 2&1% 5' 1' 26,?M ?& 62,?M

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    ortality statistics amongst prisoners in 2&1&-9% 2&1% are the follo$ing:

     

    /isease 2&1& 2&11 2&129%2&1%

    1 *uberculosis 1& 1& % %and 3G *E % 11 2

    2 3/+ proper ($ithout *E! & 1 2 &% Cancer 6 ? & ' 8ervous system diseases 1 & & 1? Cardiovascular system diseases 1? 1% 5 ?5 espiratory diseases (e=cept *E! 1 & 1 26 /igestive system diseases 1 & 5 1 *raumatic inAuries, poisoning, septicemia 1 2 2

    ' +uicide ? 6 ? %*otal: ' %1 2

     

    ortality statistics sa$ a transition from infectious to non-infectious causes.edicines and para-pharmaceutical products in penitentiary institutions are

     procured based on a presentation of the re#uirements for medicines, para- pharmaceutical products, disinfectants and e#uipment by the edicines gency,$hich, according to ;overnment decision no. ?5 of 1& +eptember 2&&' on theapproval of the egulation on the procurement of medicines and other health products for the health system needs, organiDes and conducts at the national levelcentraliDed public procurements of medicines and other health products. *heedical /ivision of the /P3 concludes contracts $ith the designated $inningcompanies, follo$ing $hich the procured goods are delivered to the penitentiaryfacilities based on a fiscal invoice.

    3n 2&12, contracts $ith 5 pharmaceutical companies $ere signed for medicines valued at 1,?&5,'.26 />, $ith 1,12&,2.%? /> being allocatedfrom the state budget and %?,51?.'2 /> from humanitarian aid.

    edical products in ' months of 2&1% $ere bought to the amount of 2,&5&%6?,%& /> from state budget sources and 2,%,?2.2& /> from humanitarianaid.

    Eesides the medical assistance provided in the penitentiaries, a mobile groupof e=perts $as created (including a surgeon, psychiatrist, ophthalmologist,otolaryngologist, dermatovenerologist, infectious disease specialist, general practitioner, neurologist, phthisiologist! from the Penitentiary ospital for thee=amination and selection of patients re#uiring treatment $ith subse#uent transfer tothe penitentiary hospital.

    s concerns the psychiatric section of Penitentiary no. 15 Pruncul, $e $ouldli"e to communicate that the complete refurbishment of the section of  psychoneurology $as finaliDed at the end of 2&12. Plastic $indo$ frames andmetallic grills $ere installed to increase the amount of daylight the detaineesreceive. 4ach cell is e#uipped $ith natural and mechaniDed ventilation system,separate technical-sanitary bloc"s and the heat supply system $as upgraded.

    t the time of reporting, a medical specialist for the position of neurologist is being hired on a half-pay basis. *he position of head of the psychoneurologicalsection is still vacant.

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    *o improve the situation in penitentiaries, on 26 +eptember 2&1%, by /P30rder no. 1&d Hegarding the measures of physical coercion in the psychiatric$ards of the penitentiary systemI, a set of ;uidelines $ere developed on ho$ physical coercion may be used in the psychiatric $ards, and a similar Hegister of 

    measures of restraint and seclusion applied to patientsI $as developed for all themedical services.

    ccording to the scope of intervention stipulated in paragraph 5..? of activity no. 1 of the ction Plan for implementation of the eform +trategy of the

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    3n most Police 3nspectorates the e=isting registers $ere not used in strictcompliance $ith o3 0rder no.? of ?

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    t the same time, in order to "eep a strict record of the persons in the custodyof criminal prosecution authorities and to proceed $ith implementing ;overnment/ecision no.12&2 of 16 0ctober 2&&5 Hon the approval of the Concept of the >a$4nforcement 3ntegrated 3nformation +ystemI, ;overnment /ecision no.2? of 1

    a$ 4nforcement 3ntegrated 3nformation +ystem,(hereinafter - >433+!, including all movements, in court, penitentiary institutions, hospitals, etc..- *he registry of detained, arrested and convicted persons, $hich representspecialiDed information resources, should contain data on the persons in custody (detained,

    arrested and convicted!. *his registry $ill perform the function of automatic e=change of information bet$een la$ enforcement bodies on the detained and convicted persons and $illenable the automation of actions of non-procedural character (document preparation, collection of data characteriDing a person, courier $or"!- 3nformation stored in the computer memory referring to the arrested or  convicted persons should be "ept indefinitely.

    *he creation of such an automated informational register of the detained, arrestedand convicted persons detained in temporary detention facilities, $ill enable notonly an automated monitoring of the detention conditions and treatment of thedetainees (including decisions on their complaints!, but also an active participationof the international community and civil society in the promotion of democraticvalues and respect for human rights, as $ell as to raise the level of legal literacy

    among the police officers $or"ing in the penitentiary system.*his document is proposed to establish the goals, tas"s and functions of the

    utomated 3nformation +ystem Hegister of detained, arrested and convicted personsI, the organiDational structure and the legal-normative frame$or" needed tocreate and run the system, the system obAects and the list of data to be stored in thesystem, the technological infrastructure and the measures to ensure informationsecurity and protection.

    *he egister of detained, arrested and convicted persons (hereinafter -/CP! $ill be a specialiDed information resource that $ill contain data on the persons in detention (detained, arrested and convicted!.

    *he introduction of such a system $ill enable the achievement of thefollo$ing goals:a! creation of information resources on the detained, arrested and convicted personsB b! effective, stable and secured provision of information on the activity of theinternal affairs bodiesBc! prompt provision of accurate information to the leadership of the countryBd! informational interaction and cooperation in the process of interstate andinternational information e=changeBe! upgrade to modern technologies of the la$ enforcement activityBf! direct interaction bet$een the leadership of the country, citiDens and la$enforcement by use of information technologies.

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    *he creation of the utomated 3nformational +ystem H*he register of detained, arrested and convicted personsI shall be based on the follo$ing principles:a3 top"person4single centre principle, $hich implies the e=istence of an actual high-ran"ing leader $ho has sufficient po$ers and abilities to ma"e decisions and

    coordinate the development and operation of the +ystemBb3 principle of data reliability, $hich implies entering data into the utomated3nformational +ystem H*he register of detained, arrested and convicted personsI onthe basis of authentic documentsBc3 principle of integrity, completeness and accuracy of data: data integrity concernsthe #uality of the data, $hen their content remains unaltered and they can beinterpreted unambiguously in the event of accidental actions. /ata integrity isconsidered to be preserved if the data $ere not distorted or destroyed (erased!. /atacompleteness refers to the complete amount of information on the recorded obAects,$hich is collected in accordance $ith normative documentsBd 3 principle of information confidentiality, $hich implies personal liability inaccordance $ith the la$ of the employees responsible for information processing,for unauthoriDed dissemination or use of informationB f3 principle of informational security, $hich implies ensuring integrity, e=clusivity,accessibility and effectiveness of data protection against loss, distortion, destructionor unauthoriDed use.

    *he legal-normative basis of the utomated 3nformation +ystem H*heregister of detained, arrested and convicted personsI is regulated by the follo$ingla$s: the Constitution, the >a$ no. ?1-333 from 5 a$ no. 2'6-3G from 2 February 1''' on the social adaptation of  persons released from imprisonment, the Criminal Code of the epublic of oldovano. '?-G from 1 pril 2&&2, the Criminal Procedure Code of the epublic of oldova no. l22-G from 1 arch 2&&%, the 4nforcement Code 8o. %-G from2 /ecember 2&&.

    3n the utomated 3nformation +ystem H*he register of detained, arrested andconvicted personsI it $ould be useful to update the following data  by systematic

    introduction of modifications (corrections, additions! in the database of theutomated 3nformation +ystem H*he register of detained, arrested and convicted personsI during the preliminary criminal investigation, as $ell as during the trial, inthe follo$ing cases: change of detention conditionsregime, transfer to the penitentiary, escorting for investigative measures, medical e=amination, cases of receiving medical assistance, escorting to medical institution, prison escape, death,strangulation, termination of the criminal case, replacement of the preventivemeasureB e=piry of detentionarrest term, unless not e=tended according to the la$.

    *he data from the above-mentioned egister shall contain the follo$inginformation: surname, name, fathers name, date, month and year of birth, residence, place of birth, place of residence, nationalityB in case of detention under the ode of  dministrative *ffenses: individual identification number (3/8P!B identificationnumber of the administrative offense reportB number of the caseB date and time of detentionB detention basis (documents!B custody termB date of handover and releasetofrom custody, date of escapeB date of deathB arrest under the provisions of theCriminal Procedure Code shall contain: individual identification number (3/8P!Bidentification number of the reportB number of the criminal caseB date and time of detentionB detention basis (documents!B custody termB date of handover and releasetofrom custody, date of escapeB date of deathB custody termB identification code of the court decisionB period of the applied administrative arrest, date of transfer, reasonof transfer, data of the medical e=amination, date of the medical e=amination and itsfindings.

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    (f! Jhether the +tate party is considering, as recommended by CP*,instituting mandatory audio (and possibly video! recording of all interrogations,including a record of the names of all those present at each interrogationK 12

    ll arrested detained persons are afforded all the fundamental guarantees provided by la$, and namely:a! *he right of a detained person to inform one of the close relatives or other person aboutthe place of his or her detention @ a right stipulated in CPC of in art. 55 para. (2! pt 1%!, 16%.(1! CPCB b! ccess of the detained or arrested person to a la-yer @ a right stipulated in art. 5', 5 para. (2! pt. !, ?!, 5!, 6! CPCBc! *he right of the detained person to have access to a doctor, including to be e=amined,upon his or her re#uest, by a doctor of his or her choice, in addition to the medical e=amination performed by the doctor appointed by the police @ a right stipulated in art. 5, para. (2!, pt.1?!, 1?S! CPCBd! 1ssue the detained person -ith a notice of rights, $hose receipt he or she must confirm by signing a declaration @ a right stipulated by art. 5, para. (2!, pt 2! CPCB

    Criminal investigation officers are re#uired to investigate offenses in strictcompliance $ith the principle of presumption of innocence, stipulated in art. CPC.

    *he persons detained in the penitentiary institutions, according to chapter 33 of the4nforcement Code H*he penalty of imprisonmentI, are guaranteed the follo$ing rights:- Correspondence and telephone conversations (rticle 21&!B- eetings $ith the la$yer or persons #ualified to provide legal assistance, $hich arenot limited (rticle 21%!B- edical e=amination by a doctor from outside the penitentiary system indicated bythe detained person, or a forensic e=pert (rticle 2%2!B- 3nformation, in a language that heshe understands, on hisher rights and obligations,and about the $ays and terms of serving the sentence (rticle 15'!.

    '. Further to the Committee’s previous recommendations (para.11!, please provide information on conformance of the Audiciary of the epublic of oldova$ith the 7nited 8ations Easic Principles on the 3ndependence of the

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    and counsellingK1 Please provide detailed information, including statistical data, ontendencies in traffic"ing and on court cases, prosecutions and victims assisted, as$ell as the results achieved in prevention.

    3n the epublic of oldova, the central and local public administration paysincreased attention to the assistance and protection of the victims and potentialvictims of *E. 3n this regard, the epublic of oldova ratified the Council of 4urope Convention on ction against *raffic"ing in uman Eeings adopted inJarsa$ by the Council of 4urope Committee of inisters on % ay 2&&?, by >a$no. 56 of %& arch 2&&5.

    *he 7nited 8ations Convention against *ransnational 0rganiDed Crime $asalso ratified, the >a$ no. 1? of 16 February 2&&?, as $ell as the 0ptional Protocol toPrevent, +uppress and Punish *raffic"ing in Persons, 4specially Jomen andChildren, >a$ 8o.16-G of 16 arch 2&&?.

    3n the *raffic"ing in Persons eport published by the 7.+. /epartment of +tate in 2&1%, the epublic oldova ran"ed as a *ier 2 country. 3t should be notedthat until 2&&, oldova placed on *ier %, rising to the intermediate *ier 2 Jatch>ist in 2&&' and 2&1&. *he advancement to *ier 2 is an indicator of progress, $hichhighlights the fact that prevention and combating of traffic"ing in human beings isamong the essential priorities of the ;overnment of the epublic of oldova andthat in the last three years significant results have been achieved in this area, $iththe creation and e=tension to the national level of the ultidisciplinary *eams $ithinthe 8ational eferral +ystem playing a substantial role in this, a fact $hich $asac"no$ledged and appreciated at regional and international level.

    t the present time, the draft of the ctivity egulation of the *erritorialultidisciplinary *eams of the 8ational eferral +ystem has been developed andsent for approval to the relevant authorities and institutions, by letter no. &15 of 1 ugust 2&1%. 0n 2 +eptember 2&1% a public consultation $as held to discuss this paper.

    3n order to ensure effective protection and assistance to victims and potentialvictims of traffic"ing, by ;overnment /ecision no. 6 of 11 +PF 0rder no.&% of 25. arch 2&1&, this is a specialiDedinstitution providing assistance and protection in crisis situation to victims and potential victims of human traffic"ing (beneficiaries!. *he centre is often the pointof first contact in the epublic of oldova for the human traffic"ing victims $hoare repatriated.

    1 Concluding observations of the Committee on 4conomic, +ocial and Cultural ights !4C.12/C02(, para.1%B C115dd., paras.%&-%' and 5B C1&dd.%, paras.'-?2, and '&(e!B C1'51dd.%, para.11B C1'1, paras.6%(%?!-(2!BCCC/C0%, para.5'B C4/JC/C0%, para.2?.

    http://uhri.ohchr.org/document/index/e1f08960-6569-4703-bc5f-539f3b2632c3http://uhri.ohchr.org/document/index/06d106e9-2f9e-44a0-80da-3f6e9bd791f3http://uhri.ohchr.org/document/index/1f5c3f0f-9bf8-44a9-89b4-ffd41e79e967http://uhri.ohchr.org/document/index/fe4002e7-7087-4202-bc42-b7a464b1d934http://uhri.ohchr.org/document/index/e1f08960-6569-4703-bc5f-539f3b2632c3http://uhri.ohchr.org/document/index/06d106e9-2f9e-44a0-80da-3f6e9bd791f3http://uhri.ohchr.org/document/index/1f5c3f0f-9bf8-44a9-89b4-ffd41e79e967http://uhri.ohchr.org/document/index/fe4002e7-7087-4202-bc42-b7a464b1d934

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    3n the period from

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    cases. Counselling is carried out in various $ays: individually or in groups, byfamily counselling, etc.

    s concerns psychological issues, they are encountered in about ?M of the assisted

     beneficiaries. Compared to the similar period last year, there $as a decrease in thenumber of assisted beneficiaries, e=cept for human traffic"ing victims $ith mentaldisabilities, this being due to an increase in internal traffic"ing rates.

    0ften these beneficiaries are former graduates from state-run boarding schools,$ho have little life e=perience, lac" support from their families support and cab beeasily manipulated.

    Psychological intervention for the victims of human traffic"ing involved both psychological counselling and psychotherapy as $ell as efforts to determine and re-establish the beneficiarys mental poise. *hese efforts aimed at the follo$ing: toreduce feelings of guiltB e=ternaliDe, verbaliDe and overcome harmful e=periencesBdevelop self-confidence and confidence to$ards the surrounding peopleB restorerelationships $ith the familyB e=plore internal and e=ternal resourcesB develop

    communication s"ills, etc. (')) people received psychological counselling!.

    - Primary medical care and rehabilitation is provided to beneficiaries bothduring their stay at the Centre and after discharge $hen appropriate. edicalassistance implies initial diagnosis, follo$ed by treatment for acute illnessesincluding supportive treatment for chronic and incurable diseases. For specialiDedmedical care, in case of deteriorating health, beneficiaries are referred to other healthcare services*he profiles of the assisted beneficiaries analyDed, the follo$ing are the healthconditions that re#uired medical intervention: increased number of nervous systemsdiseases, head and brain trauma, gastrointestinal diseases, respiratory diseases, and body inAuries. *he follo$ing mental conditions $ere identified: schiDophrenia (? cases!, epilepsy

    (1 case!, mental disability (? cases!, alcohol dependence (% cases!.

    3n the period from egal assistance is provided free of charge, upon notification of the social$or"er. >egal aid is provided by #ualified la$yers through e=ternal support ( 5)beneficiaries received free legal assistance at the Centre!.

    Jith the approval procedure completed, the draft ;overnment /ecision on startingnegotiations on a draft greement bet$een the ;overnment of the epublic of oldova and the Cabinet of inisters of 7"raine on cooperation in the repatriationof victims of traffic"ing in human beings (adults and children!, unaccompaniedchildren and migrants in difficulty, $as finaliDed and sent to the inistry of Foreignffairs and 4uropean 3ntegration by letter no. &16&' of 5 +eptember 2&1%.

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    3n order to prevent and combat traffic"ing of human beings, there $ere introduced anumber of amendments in the Criminal Code, including to art. 15? OTrafficking inhuman beingsO and art. 2&5 OChild Trafficking O.

    rt. 2&5 refers to the forms and purposes of child traffic"ing, enumerating: se=uale=ploitation, commercial and non-commercial, and involvement of children in prostitution or the pornography industry. 3n 2&11 and 2&12 the article $as amendedto introduce sanctions for traffic"ing actions a! committed by a person $ho has previously committed the same actions, b! committed against t$o or more children,c! committed by a person in a position of authority or a public office holderB d!committed against children $ho are in the care, guardianship, protection, educationor treatment of the perpetrator.

    nother la$ amending the Criminal Code, no. % of 22 arch 2&1%, denies pardon, amnesty and reconciliation to the persons $ho committed offenses againstminors.

    3n order to enhance the protection of childrens rights and eliminate the ris"s

    of se=ual abuse against children, >a$ no. % of 2 ay 2&12 $as adopted tointroduce a ne$ article in the Criminal Code, namely art. '* F GChemicalCastrationG

    Prevention and combating of traffic"ing in human beings continues to be a priority for the ;overnment of the epublic of oldova, and this is reflected innational policies and commitments to international re#uirements. 4uropean andinternational bodies that regularly evaluate the state’s anti-traffic"ing efforts, have praised the progress made by the epublic of oldova, and the performance of "eeping a *ier 2 score in the 7.+. /epartment of +tates *raffic"ing in Personseport confirms that oldova ma"es significant efforts to deter *E.

    *he statistics of the la$ enforcement agencies, on the number of recordedcrimes and convictions on cases of *E *C, and those of the social protectioninstitutions reflect the activity of these structures, their spirit of initiative, rather thandirectly the trends of this phenomenon.

    *he table belo$ contains statistical indicators provided by the o3, ;P,o+PF and 30, indicators e=pressing the situation at a certain time.

    +tatistics of the la- enforcement agencies$ ML+2 and 10M  T9/TC art',5/art)*,!

    Tear egisteredcrimes

    +ent tocourt

    Convicted(per person!

    Personssentenced to

     prison

    +uspendedsentences

    Peopleserving thesentence

     8o. of victimsassisted

     by 30

     8o. of victims

    according too3

     8o. of victims

    assisted by+8 

    2&&5 2??' 11?2 526 56

    issing data issingdata

    2'?

    issing data

    12&&6 2?% 1?&25 ?26 ?1 26% %

    2&& 21?%1 '512 5%? ? 1? 2&&' 1?21 1&211 5 %5 1?' 1%12&1& 1&21 ?1& ? %1 1%' 1%2

    2&11 1112 ?1 %?2 61 111 ' 1%1 1&'2&12 1?12& 5&? 211& 1%' 1 2&? 2'& 1'

    0ne can observe that in the recent period the number of registered *Ecrimes increased significantly on the previous year. *his is due to strengthened proactive intervention capacities of the anti-traffic"ing actors. *hus, the numeroustrainings received by persons responsible for preventing and combating traffic"ing

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    are considered a factor that influenced the increase in the number of registered *Ecases.

    Eelo$ are listed some of the actions ta"en in this regard in 2&12:

    Total number of +eminars / or6shops / Trainings ?5Total number of beneficiaries ',%'

    - Prosecutors 1'-

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    - rt. 1%2 of the Criminal Procedure Code, $hich ma"es it impossible to trac" the proceeds of crime obtained by traffic"ers of human beings.

    factor of vulnerability is the lo$ levels of education / information of the

    victims. ccording to >+PF data (victims assisted in placement centers!, most*E victims identified and assisted in 2&12 had only primary or secondaryeducation ('&M!. 7niversity or college degree holders appear much less in the profile statistical data.

    *he level of education e=plains as $ell the data referring to those $ho committedthe *E crime. *a"ing into account the information provided by the /epartment of Penitentiary 3nstitutions of o

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    The number of identified assisted victims in !"#!

    1nstitution adults/children Total

    CC*P 2552 (3! 2'&

    ssistance centres '12 11&epatriated (30 oldova! & % %3dentifiedassisted by 30 1'15 2&?ssisted in the 8+, >+PF 15' 2& 1' 

    /ata compiled by >+PF regarding 11& victims assisted in the ssistance Centres sho$sthat:  ?M of *E victims are $omen  65M of *E victims are aged bet$een 1 and %?  1&& M of the victims are citiDens of the epublic of oldova  6 M of the victims are members of national minorities  62M of the victims are from rural areas  ? M of the victims are single  2M previously divorced

    +uch interpretations may provide support for the e=perts in the field to properly orient theinitiatives of *E prevention. *he figures indicate the degree of vulnerability of the persons.*herefore, it is necessary to consolidate the capacity of the relevant institutions in terms of #ualitative compilation and provision of the re#uested information (in order to avoid duplicationand reduce error margins at the national level!. 

    ccording to statistic data, the follo$ing indicators can be rendered: *E for the purposeof se=ual e=ploitation and *E for the purposes of labour e=ploitation $ere the most $idespreadforms of e=ploitation, $ith a share of '?M divided e#ually bet$een forms of e=ploitation (125each!. ppro=imately ?M of *E cases involved the purpose of begging, and at the end of 2&12o3 $as investigating a case of *E for removal of organs. 3t is important to note that 'M of victims $ere recruited by deceit. ost victims of *E $ere traffic"ed and e=ploited outside theepublic of oldova and M of victims $ere e=ploited $ithin the country. *he tables belo$represent the country of destination and the form of e=ploitation of victims of adults and children:

    Country of destination and the form of e>ploitation of victims adults!

    Country +e>ual e>ploitation Labour e>ploitation 9egging

    ussia 22M ?M1%M *ur"ey &M

    Cyprus 1?M

    74 1M

    7"raine 2M ?5M

    3taly 1M

    ;reece M 1M

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    >ebanon 2&M

    +pain %M

    oldova 1M 11M

    Country of destination and the form of e>ploitation of victims minors!

    Country +e>ual e>ploitation Labour e>ploitation 9egging

    oldova M ?M

    Uosovo 2M

    3taly 1M

    74 1M

    ussia %M1M

    Eelo$, $e present the data provided by the inister of 4ducation of the epublic of oldovaon traffic"ing in human beings.

    2revention

    n important element of the P paradigm is prevention. 3n ideal circumstances, the efforts ta"en by all actors to prevent *E crimes should lead to the li#uidation of the phenomenon. 3n thisrespect, the disaggregation of prevention actions by ensuring their absorption by society and in particular by the rural communities could inhibit *E gro$th.

    *he ;overnment’s endeavor to reduce victimiDation and discourage *E has been reflected in25 prevention activities included in the 8ational Plan for 2&12-2&1%. *hese activities (detailed inanne= 1! have been carried out together $ith the implementation partners, and their result $ase=pressed in over 16& events attended by about %,5&& people. 2 video spots, 2 films and one performance $ere produced to reduce the vulnerability of groups at ris". *he Ealti-based 8;0HTouth for the ight to >iveI $or"ing in the field of children and youth protection organiDedsocial thematic performances in the northern part of the country.

    *he inistry of 4ducation through the educational institutions organiDed curricular and e=tra-curricular activities on the prevention and combating of *E and related issues, $hich arereflected in the table belo$: 

    Eo of events in schools$ colleges Eo of beneficiaries1'?& e=tracurricular activities

     (in residential institutions! %,'?61,&&& academic hours

    (general education institutions!

     

    ?,&&&  % events

    (vocational education and secondary

     

    1,&&&

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    specialiDed education! 

    /uring 2&12, in 1 higher education institutions, there $ere organiDed about '& events onstudents a$areness of the *E phenomenon and $hich $ere attended by more than ,&&&students. ost of these actions have been funded from the budgets of the institutions concerned.

    very important aspect of prevention $as achieved through the implementation of the 8+. particular aim of the +8 in the epublic of oldova is the identification of, andassistance to the persons at ris" - potential victims of *E. ccording to the +8 strategy concept paper, such actions lead to a proactive prevention of *E. ccording to the 4/ reports, in 2&12,at local and district level, a total number of 1,21 people potential victims of *E $ere identifiedand assisted. *he resources under the public authorities management and available to 4/sometimes are not sufficient to solve the particularly difficult situations in $hich the potentialvictims of *E often find themselves, and this segment may re#uire donor support. *han"s to thee=tra-budget resources, it is possible to maintain the #uality of these services rendered to potentialvictims.

    /uring 1? - 21 0ctober 2&12, the H$ee" of fight against *EI $as held. *his initiative isa proof of a strengthened cooperation bet$een the national and international actors $ith a mandateto promote anti-traffic"ing policies in the epublic of oldova. ctivities at the central levelincluded sessions of lectures for the students of the +tate 7niversity of oldova and the Free3nternational 7niversity of oldova, and a screening of the film H8e$ Faces, 0ld +ufferingsI at0deon Cinema, attended by civil society members, students and mass media. t the territoriallevel, the local television stations broadcasted the video and photo contest P>7>N oldova2&11 Higration and /iversityI, organiDed and carried out by 30 oldova.

    /uring the same period, the volunteers of the 3nternational Center >a +trada, under theProgram HPeer to PeerI, organiDed several seminars $ith students in pre-university educationalinstitutions in Chisinau municipality and in the districts of Causeni, /rochia, *elenesti, and+oroca, informing and discussing $ith their peers about the various facets of the *E

     phenomenon.*he representation of the +$iss Foundation *d in the epublic of oldova successfullyimplemented activities aimed at the prevention of child abuse, neglect, e=ploitation and traffic"ingin human beings during 2&12, in the districts of 7ngheni, +oroca, Falesti, Chisinau municipalityand in rural communities, including in the *ransnistrian region, $here access to information islo$er and vulnerability is higher. bout ?,&&& children and && parents benefited from psycho-social activities, $hich increased the a$areness of the participants $ith regard to child abuse,traffic"ing, neglect and e=ploitation, both in the country and abroad.

    3n 2&12, on the re#uest of the >+PF and $ith the C8PC support, a reflection groupcomposed of children $as created to consult the priorities of the draft 8ational +trategy for theProtection of Children and Families for 2&1%-2&2&. 2 children, including children $ithdisabilities, oma children and graduates from boarding schools, too" part. *hree stages of consultations have been organiDed, as a result of $hich the children outlined their priorities for the

    strategy and submitted them to the national authorities, e=perts, and mass media. *he priorities$ere subAected to public debate, along $ith the priorities developed by the e=pert group $or"ingon the +trategy. 0n 1' and 2& 8ovember 2&12, the 8ational Children Forum $as held. *he event$as attended by 6& children, members of the monitoring groups for observance of children rightsfrom the districts of 0rhei and >eova and embers of the reflection group mentioned above, $ho$ere given the opportunity to discuss $ith members of the C8P/C and $ith the /eputy +pea"er of the Parliament of the epublic of oldova.

     2unishment

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    *he statistics on criminal prosecution activity in combating *E and related crimes sho$that & such crimes $ere registered in total across the country in 2&12, and %62 crimes $ereregistered in 2&11. s per Criminal Code articles, they brea" do$n as follo$s:

    Hear CC Article Eumber of offences

    2&11 15? 1112&5 22&6 1

      22& 1&?  %521 112&12 15? 1?1  2&5 2&  2&6 16  22& 1%?  %521 116

      3n 2&12, prosecution $as finaliDed in respect to 22% criminal cases, outof $hich 1'& criminal cases ended in indictments and submission to court forhearing, and in %% cases charges $ere dropped.

    0f the total number of cases for$arded to court, 5& criminal cases concerned *Eoffences, ? cases of *C, ? cases of illegal ta"ing of children out the country, 2 cases involved procuring offences, and % cases concerned the crime of organiDing illegal migration.

    Hear CC Article Eo 0f offences

    2&11 15? ?  2&5 1  2&6 ?  22& ?  %521 ?2

    2&12 15? 5&  2&5 ?  2&6 ?  22& 2  %521 %

    Comparing these indicators of activity of the la$ enforcement bodies in relation to 2&11,one can observe an intensification in activity, in particular , the number of criminal cases sent tocourt $ith regard to traffic"ing in human beings crimes (rticle 15? of the Criminal Code! and procuring (rticle 22& of the Criminal Code!.

    >oo"ing at court statistics on criminal cases involving *E crimes in 2&12, one can see

    that the courts of original Aurisdiction, having pronounced sentences on 116 criminal cases,condemned 15 individuals and % legal entities (compared to 1' individuals and 5 legal entities in2&11!. Compared statistics of the number of Audgments of conviction handed do$n in 2&12 and2&11 in cases classified as *E*C and related crimes are illustrated in the chart belo$:

      Hear CC Article Eo 0f offences

    2&11 15? 15  2&5 2  2&6   22& 5%

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      %521 %  %&2 1

      2&12 15? 21

      2&5 5  2&6 ?  22& 5  %521 2&  %&2 1

    *he analyDed figures sho- an increase compared to 2&11 and this situation reflects anintensification of the activity of combating *E in 2&12.

    0ne can also remar" that prison sentences $ere delivered against 2' people, of $hom 1% persons $ere convicted for *E, ' persons for *C, 5 persons for procuring and 1 person for organiDing illegal migration. *his indicates an increase in the number of *E and *C cases in$hich the perpetrators $ere punished by imprisonment. t the same time, the analyDed figuressho$ a decrease in the application of suspended sentences compared to 2&11, $hich indicates a

    change in the courts’ approach to the punitive practice in *E*C cases. +uspended sentences$ere applied to 6& people, of $hom persons committed *E offenses, 1 person committed a *Coffence, people committed the offense of illegally ta"ing children out of the country, peoplecommitted procuring-related offenses, and ' persons committed the offence of organiDing illegalmigration. *he analysis of the statistical data mentioned above denotes an increase in *E cases(rticle 15? of the Criminal Code! by about %5M compared to the previous year.

    Fines $ere imposed (in related offences! against convicted persons, of $hom: 1 person $as found guilty of illegally ta"ing children out of the country, 2? persons committed procuring offenses, 1 person organiDed beggary, and 21 persons organiDed illegal migration.

    3t is important to underline the efforts of the la$ enforcement agencies in the fight against*E crimes $here +tate officials have been involved. ctions of prevention and control regardingthis aspect of *E represent a priority area for the national anti-traffic"ing authorities, and arecarried out in accordance $ith the recommendations of international eports. 3n 2&12, the la$enforcement agencies of the epublic of oldova conducted criminal proceedings against 12 public office holders and persons in positions of authority $ho have committed crimes of traffic"ing or related crimes (see nne= 1!B in respect of 6 people in this category, criminal cases$ere submitted to court and in one case charges $ere dropped as the case didn’t meet there#uirements for the crime. 3n other cases criminal proceedings are still ongoing.

    dministration of Austice in such cases is often inade#uate. For e=ample, in a casesubmitted to court, the court decided to re-classify the act from a *E offense to administrativeoffense and ordered the termination of proceedings citing statutes of limitation for theadministrative offense in #uestion. 0bviously the decision has been appealed, but this proceduredoes not bring any hope to the prosecutors that the situation $ill change. *his diminishes theimpact of the second element of the Ps, or punishment, in fighting *E, reducing the feasibilityof the obAectives in containing the phenomenon. 3t should be noted that, according to the

    /epartment of Penitentiary 3nstitutions, no person serving a sentence for committing a *Eoffence is part of any category of those covered by rticle 12% of the Criminal Code (officials!.+uch a tendency should be discouraged. *hat is $hy the recommendation $hich see"s theinvolvement of independent e=perts in monitoring court sessions $hen *E cases against publicofficials are e=amined, set forth in the 2&11 national report, remains valid today.

    For the purposes of preventing and combating *E, in 2&12, under rticle 16 of >a$ no.2%? of 2& icensing Chamber issued the follo$ing:

    - ? decisions  ordering the $ithdra$al and '3 decisions  on the suspension of thelicense for the type of activity related to the employment of citiDens abroadB

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    - one decision recogniDing a license invalid, and an inAunction involving activityrelated to employment abroad.

    *he continuous development of the legal frame$or" governing the activity of intermediation under +ummer Jor"V*ravel Programs $as a necessity e=pressed bac" in 2&1&.

    *his activity W% (not implemented at that time! of segment 1.2 of the 8ational Plan for Preventingand Combating *E for 2&1&-2&11 obtains a fulfilled status no$ as the inistry of 4conomy, by>a$ no. 126 of

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    mechanism for monitoring and evaluation. *his report has been dra$n up annually for the fourthconsecutive year. *he report $ill be posted on the $ebsite of the >+PF.

    Eased on the legal provisions and using as reference the information provided by the lineauthorities, the table belo$ (1! sho$s the financial resources allocated from the +tate Eudget and

    local budgets for the maintenance of the centres of assistance and protection for the *E victimsand psychosocial rehabilitation centres for victims of domestic violenceB *able 2 sho$s thecapacity of the placement centres and the number of victims assisted in 2&12:

     >ocality 8umber of places +tate Eudget Eudget of the territorial administrative units

    4=ecuted in 2&12

    (thousand lei!

    Financial resourceallocated (thousand

    lei!

    4=ecuted in 2&12

    (thousand lei!Centres of assistance and protection for T9 victims

    Chisinau 2 111,& thousand lei planned

    1116,' thousand lei e=ecuted

     

    Cahul 1? ',& 5,2CXuYeni 1 26, %??,%

    Rehabilitation centres for victims of domestic violence

    EXlZi 1' 25,& ?',1CXuYeni 1' 651,& ?2%,/rochia %& 5?,2 52,'[nceYti 1 ?1,% %,&

     Number of THB victimspotential THB victims that $ere assisted in the centres of assistance and protection

    Eo 1nstitution

    Jictims of traffic6ing in human beings 2otential victims of traffic6ing in human beings

    0M@E

     

    M@E

     

    0M@E

     

    M@E

     

    Adults Children Adults Children Adults Children Adults Children

    ' ChiYinXu (CP! 6& 6 1? 12& '? 2& '%

    ) Cahul (maternal! 2' &

    3 CXuYeni (CP! ? 2 21 EXlZi (+0*3+! 5 & 21 1 2&

    5 C7uKeni maternal! ) 3* 5)

    , /rochia (riadna! 15 1% '

    % [nceYti (maternal! 1 2% 5 2  43 4 '5 )4, )4 )' ',

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    T0TAL

     

    ''* %*'

    3n order to increase access to #uality services for victims in the ne=t period, it is necessary toestablish a mechanism for the identification of the *E victims in the social sector, as $ell as tosecure their right to a state-guaranteed compensation for the moral and pecuniary damage suffered.ccording to the Prosecutor ;enerals 0ffice, in 2&12, about 2& civil actions have been filed byvictims of *E re#uesting the recovery of the material and moral damage caused by the perpetrators. o$ever, according to the statements of the la$yers from the Chisinau-based Centrefor ssistance and Protection of *E victims, in the end fe$ victims of *E manage to get anycompensation from the perpetrators, and the causes are multiple and comple=. 3n this regard, theneed remains to study the ;overnments capacity to create a compensation fund for victims of *E. 3t $ill be possible as a result of strengthening the legal frame$or" and identifying financialresources to this end.

    *he 2&12 budget of the >+PF provides for financial support to the amount of 1&&,&&& lei for the repatriation of children and adults, $hich, as of %1 /ecember 2&12, $as spent at the level of ?'.1 percent. *his helped to repatriate an adult victim and eight children in % repatriation missions.*his annual amount of 1&&,&&& lei is to be increased gradually, and the failure to implement the budget remains an impediment to the social protection policy.

    3n accordance $ith rticle 1&', paragraph (%! and rticle 11& of the Criminal Procedure Code,the Court may allo$ the victim to be heard $ithout being physically present at the place $here the proceedings ta"e place in order to avoid re-victimiDation. oreover, in 2&12, based on >a$ no.1&?of 15 ay 2&&, $hich refers to the security of participants in criminal proceedings, $hose lives, bodily integrity, freedom or property may be at threat, the /epartment for Jitnesses Protection of the o3 too" a *E victim (male! under protection.

     2artnership

      +trategic partnership in the anti-traffic"ing area in 2&12 $as strengthened by theanti-traffic"ing actors by signing the agreements listed belo$:3, CC*P concluded 2 memoranda of cooperation $ith:

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    CAT/C/MDA/Q/3

    - C8PC on support for children victims of se=ual violenceB- the 3nvestigative a +trada and the 30, are under 

    negotiation.

    0n 11 ay 2&12, the inistry of ealth and the inistry of 3nternal ffairs signed anagreement of cooperation on combating *E for the purpose of organs or tissuesremovalharvesting.

    Je $ould li"e to mention the emorandum of Cooperation signed bet$een the >+PF,inistry of 4ducation, inistry of ealth, /istrict Councils in 0rhei and >eova, C8PC andC3C on the piloting and promotion of the inter-sectoral mechanism for monitoring, preventionand assistance for children e=posed to abuse, neglect, e=ploitation an