MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2024)1514/H46-26

5 December 2024

1514th meeting, 3-5 December 2024 (DH)   H46-26 Cosovan group v. Republic of Moldova (Application No. 13472/18) Supervision of the execution of the European Court’s judgments   Reference documents CM/Notes/1514/H46-26

 

Decisions

The Deputies

1.         recalled that these cases concern inadequate medical treatment in detention, between 2008 and 2019, and lack of effective domestic remedies in this respect;

As regards individual measures

2.         noted with concern that in the Machina case, the applicant’s complaint challenging conditions of detention has been pending with the domestic courts since May 2019; urged the authorities to promptly bring these proceedings to an end and keep the Committee informed of their outcome;

3.         encouraged the authorities to develop a systemic approach in improving the condition of the applicant in the Nițu case and continue ensuring his regular psychiatric treatment and constant medical follow-up as well as to consider therapeutic and rehabilitative activities tailored to his specific needs; provide updated information on the individual measures taken and the applicant’s condition by 1 March 2025;

As regards general measures

4.         noted that the Prison Hospital and medical units in Prisons Nos. 6 and 10 are still pending accreditation and invited the authorities to put in place a strategy to obtain accreditation with clear benchmarks and deadlines;

5.         noting that understaffing of medical personnel in prisons continues to be a pressing issue, invited the authorities to give the highest priority to filling in the vacant posts, rapidly reflecting on the measures to address the understaffing of medical professionals in the prison system and considering additional incentives for staff recruitment, so as to make these positions more attractive;

6.         invited the authorities to provide a list of medical services, treatment and medications for detainees covered by the state budget, and information on further measures adopted to ensure adequate quality of medical assistance in detention and its equivalence with the public healthcare system, as well as clarifications on the practical aspects of recourse to public healthcare, including logistical and financial implications for guarding detainees;

7.         noted the authorities’ readiness to address the issue of responsibility over the healthcare in prisons and consider different models of organisation and management thereof, including those which imply its transfer to the Ministry of Health; invited them to make full use of the Council of Europe expertise in choosing a model best suited to their needs and setting a roadmap, and provide information on the progress achieved;

8.         invited further the authorities to provide information on:

(i) ensuring in practice the dietary needs of detainees suffering from illnesses;

(ii) availability of psychiatrists in all prisons;

(iii) further measures to address transmissible diseases;

(vi) examples of domestic case-law on the application of the mechanism for humanitarian release for detainees on remand;

9.         finally, invited the authorities to take a prompt action to ensure effectiveness of the remedy in the part related to medical assistance in detention and keep the Committee informed on the progress;

10.       decided to resume their examination of this group of cases at one of their Human Rights meetings in 2025.