THE RIGHT NOT TO BE SUBJECTED TO TORTURE AND ILL-TREATMENT
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THE RIGHT NOT TO BE SUBJECTED TO TORTURE AND ILL-TREATMENT Author: Pavel Postica
Executive Summary The torture and ill-treatment applied by employees of the Republic of Moldova (RM) law enforcement bodies constitute one of the primary flaws of RM society, as these actions lead to negative outcomes for both victims and those that engage in such actions as part of their duties. Combating this issue should be a primary priority of the Government’s, which still has the duty to take all the necessary actions to not accept torture, inhuman, and degrading treatments. Throughout 2014, multiple violations of the right guaranteed by Article 3 of the European Convention on Human Rights (ECHR) were identified. Even if authorities developed a series of strategic regulatory documents (The National Human Rights Action Plan (NHRAP) and the Justice Sector Reform Strategy (JSRS)) meant to strengthen the guarantee and adherence of this right, their implementation was not adequate. Many times, prosecutors refused to start the criminal prosecution cases where bodily injuries were confirmed. Also, the opening of criminal prosecution in cases of torture was deliberately delayed. Additionally, the courts of justice became more active in fighting the issue of impunity. During 2014, a significant growth in the number of custodial sentences for torturers was registered, compared to previous years. The rehabilitation of victims of torture and ill-treatment is mainly supported by non-governmental organizations (NGOs) with assistance from international donors and is without Government support. The high number of torture cases in the Transnistrian region should worry the entire society on both the right and left banks of the Nistru River, as well as get the attention of international monitoring. Investigative journalists and civil society from the Transnistrian region require technical and methodological support to provide support to victims of torture. The conditions of detention are still deplorable and a motive for authorities to continue their efforts of implementing penitentiary construction and reconstruction projects.
1.1. Rehabilitation of victims of torture and ill-treatment Rehabilitation of the victims of torture has always drawn the attention of RM civil society, and to a lesser extent the Government. The high discrepancy between the number of registered victims compared to the limited possibilities of civil society to support them puts more emphasis on the issue of torture. The projects implemented by NGOs1 with the support of European partners, offered the opportunity to provide complex medical-social rehabilitation and legal services to only a limited number of victims of torture and ill-treatment, facilitating their social reintegration and highlighting the need for authorities to make a decision on the issue.
In February 2012, nearly three years after the events of April 7, 2009, the authorities understood the extent of the problem and set up for the first time, a Government commission2 with the aim to identify civil persons and representatives of law enforcement bodies who suffered in the aftermath of the events of April 7, as well as to recover from the damage inflicted on them. In this context, we can discuss the first case of a centralized approach and rehabilitation to victims of torture. First, authorities adopted two strategic human rights documents that include actions related to the rehabilitation of victims of torture and ill-treatment. The first document, NHRAP for 2011–2014,3 was adopted by the Parliament Decision of May 12, 2011. This national instrument reflects the Government policies aimed at strengthening human rights protection. The Action Plan has a separate chapter entitled “Prevention and combating of torture and other cruel, inhuman or degrading punishment and treatment”, where action No 31 envisions:
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http://www.memoria.md/p/6/40/Proiecte-%C3%AEn-ac%C5%A3iune:-Reabilitarea-Victimelor-Torturii-din-Republica-Moldova-2010%E2%80%93-2012 http://www.justice.gov.md/tabview.php?l=ro&idc=233& http://lex.justice.md/md/339395/
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