CAT/C/MDA/CO/2
party has an ongoing obligation to ensure that acts of torture and other forms of illtreatment are prohibited in all parts of its territory.
B.
Positive aspects
5.
The Committee welcomes the fact that, in the period since its consideration of the
initial report, the State party has ratified or acceded to the following international and
regional instruments:
(a)
The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, in 2006;
(b)
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, in 2004;
(c)
The Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, in 2005;
(d)
The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, in 2006;
(e)
The Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty, in 2006;
(f)
The Council of Europe Convention on Action against Trafficking in Human
Beings, in 2006;
(g)
The Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography, in 2007;
(h)
The Optional Protocol to the International Covenant on Civil and Political
Rights, in 2008.
6.
The Committee welcomes the ongoing efforts of the State party to reform its
legislation in order to ensure better protection of human rights, including the right not to be
subjected to torture and other cruel, inhuman or degrading treatment or punishment, in
particular:
(a)
The revision of the Criminal Code and, in particular, the inclusion of article
309/1, which brings the State party’s legislation into line with article 1 of the Convention
against Torture with regard to the definition of torture;
(b)
The inclusion in the new Code of Criminal Procedure of article 94, paragraph
1, which makes statements obtained through the use of torture inadmissible as evidence,
and the inclusion of section 3/1 to article 10, which states that the burden of proof in cases
of torture rests with the institution in which the detainee was held and which must disprove
the act of torture;
(c)
Reforms of the criminal justice system and the introduction of probation and
community service and other forms of alternative punishment, leading to a decrease in the
total population incarcerated and the improvement of conditions of detention;
(d)
Law No. 270-XVI of December 2008 on asylum in the Republic of Moldova,
which is largely in line with international and European standards;
(e)
violence.
7.
2
Law No. 45-XVI of March 2007 on preventing and combating domestic
The Committee also notes with satisfaction the following developments:
GE.10-41468