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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-25 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH)
H46-25 I.D. group v. Republic of Moldova (Application No. 47203/06) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that this group concerns poor conditions of detention and the absence of effective domestic remedies in this respect;
As regards general measures
As to the remedies to challenge poor conditions of detention
2. in the light of the legislative amendments to legal provisions regulating the domestic remedy, invited the authorities to provide clarifications as concerns the functioning of the compensatory remedy in relation to detainees on remand and persons sentenced to life imprisonment and examples of the relevant domestic case-law, and invited them further to ensure that clear guidance is provided on various issues deriving from inconsistent interpretation of the legal provisions regulating the remedy, in particular through possible guidelines to be elaborated by the Supreme Court;
3. encouraged again the authorities to take rapid measures to exclude delays in examination of complaints challenging conditions of detention, including by increasing, if necessary, the number of investigating judges and undertaking other practical measures to streamline the proceedings; invited the authorities to provide updated statistical data on the use of the compensatory remedy, including the number of complaints lodged and examined as well as their outcome;
4. invited the authorities to provide clarifications on the application of the preventive remedy in respect of remand detainees and examples of the relevant domestic case-law, and take measures to ensure that preventive remedy is applied consistently;
As to the overcrowding and material conditions of detention in prisons
5. while observing that the overall number of detainees continues to decrease, noted that the prison population rate remains very high, and that overcrowding continues to be a challenge; encouraged the authorities to intensify their efforts to combat overcrowding in Prisons Nos. 11 and 13;
6. noted with interest the development, with the Council of Europe assistance, of a comprehensive draft National Strategy and an Action Plan to fight prison overcrowding; strongly encouraged the authorities to adopt and implement the Strategy, while continuing making full use of the Council of Europe expertise, and report on the progress achieved;
7. urged the authorities to undertake the construction of the new prison in Chișinău with the highest priority, comply with the new deadlines for the construction and prevent further delays in this process;
8. invited the authorities to continue their efforts to improve material conditions of detention and call for political will to allocate sufficient resources for this purpose; further invited them to provide updated information on the implementation of the new regulation on food and hygiene standards;
As to the remaining issues
9. noted with interest the information provided on and decided to close the examination of the following aspects:
· material conditions in police detention facilities;
· family visits to remand detainees (violation of Article 8);
· intimidation or dissuasion of detainees from pursuing applications before the Court (violation of Article 34 in the A.C. case) and adopted Final Resolution CM/ResDH(2024)336;
10. decided to resume their examination of this group at one of their Human Rights meetings in 2026 at the latest.