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Réf. DC 123(2016)

Council of Europe's anti-torture committee issues report on Moldova:

progress in fighting police ill-treatment, but poor living conditions and violence in prisons

Strasbourg, 30.06.2016 – In a report published today, the Council of Europe's anti-torture committee (CPT) acknowledges the progress made by the Republic of Moldova to combat police ill-treatment in recent years, but stresses the need for additional vigorous action in this field. The committee also expresses concern about persistent poor living conditions in prisons and inter-prisoner violence.

The report, which contains the CPT´s findings of visit to the country in September 2015, highlights that the treatment of persons detained by the police had improved since the committee’s previous visit in 2011. The great majority of persons interviewed by the CPT’s delegation who were, or had recently been, detained by the police stated that they had been treated correctly whilst in custody.

However, the delegation did receive some allegations from detained persons of excessive use of force by the police at the time of apprehension, after the person concerned had been brought under control. There were also several allegations of physical ill-treatment during preliminary questioning by operational officers, in order to extract a confession. The alleged ill-treatment included slaps, punches and kicks; and in a few cases severe practices such as manual strangulation or severe beating. The CPT makes several recommendations to reinforce the safeguards afforded to persons detained by the police, in particular the right to access to a lawyer from the outset of deprivation of liberty.

With the exception of Goian Prison, the Committee received no allegations of recent physical ill-treatment by staff in the prisons visited. At Goian, the CPT’s delegation received a number of allegations from juvenile inmates of physical ill-treatment by certain staff members. The alleged ill-treatment mainly followed instances of disobedient behaviour by the juveniles and consisted of slaps, punches, kicks and truncheon blows.

The delegation found evidence of a number of cases of inter-prisoner violence at Soroca Prison and, to a lesser extent, at Chișinău and Rezina Prisons. The report notes that such a situation is largely linked to the well-established informal hierarchy among inmates, which has been a long-standing feature of the prison subculture in the Moldovan penitentiary system. In particular at Soroca Prison, the delegation heard numerous accounts of beatings, threats and extortion by fellow inmates. The CPT calls upon the authorities to take resolute action to prevent inter-prisoner intimidation and violence.

As regards material conditions of detention in prisons, the national standard of at least 4 m² of living space per prisoner was far from being met in most of the prisons visited. At Chișinău and Soroca Prisons in particular, the levels of overcrowding had reached disturbing proportions. Material conditions in these two prisons were inadequate also in many other respects (e.g. poor state of repair and hygiene; limited access to natural light; insalubrious sanitary facilities; infestation by vermin; etc.). In the CPT’s view, they could be considered as amounting to inhuman and degrading treatment.

The juvenile unit at Goian Prison offered satisfactory conditions of detention. Further, juveniles held in this establishment were offered general education classes, vocational training and various occupational activities, as well as sports and recreation. Efforts were also being made at Chișinău Prison to involve as many juveniles as possible in schooling and in vocational and sports activities.

In relation to health care, the CPT is concerned to note that the contributions made by the Prison Administration from its budget for the purchase of medication were insufficient, and the prisons visited depended to a certain extent on humanitarian aid and on prisoners’ families.

No allegations of physical ill-treatment of patients or residents by staff were received during the visits to Bălţi Psychiatric Hospital and Edineț Psychoneurological Home. On the contrary, there was a generally caring attitude by staff in both establishments. However, the report highlights the necessity to widen the range of therapeutic and occupational activities for patients/residents. In this connection, the CPT considers that the staffing levels were grossly insufficient at Edineț Psycho neurological Home and recommends that they be significantly increased.

Executive Summary of the report

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