United Nations
CAT/OP/MDA/2
Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment
Distr.: General
30 May 2013
Original: English
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
Report on the visit made by the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment for the purpose of providing advisory assistance
to the national preventive mechanism of Moldova
Report for the national preventive mechanism*,**
Contents
Paragraphs Page
I.Introduction1–63
II.Recommendations for the national preventive mechanism7–343-7
I.Introduction
1.In accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (hereinafter referred to as “the Optional Protocol” or “OPCAT”), members of the Subcommittee on Prevention of
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Subcommittee”) visited the
Republic of Moldova from 1 to 4 October 2012.
2.The objective of the visit was to provide advisory services and technical assistance to the national mechanism for the prevention of
torture and other cruel, inhuman or degrading treatment or punishment (hereinafter NPM), as specified in article 11 (b) of the
Optional Protocol. The visit was also intended to assist in building the capacity and reinforcing the mandate of the NPM of Moldova.
To that end, this report sets out recommendations and comments in accordance with article 11 (b), subparagraph (iv), of the Optional
Protocol.
3.This report sets out a series of recommendations for the Centre for Human Rights and the Consultative Council, which together
constitute the National Preventive Mechanism of the Republic of Moldova. These recommendations are made in line with the
Subcommittee’s duty to offer training and technical assistance with a view to capacity-building and to advise and assist national
preventive mechanisms in evaluating their needs and identifying measures for providing greater protection for persons deprived of
their liberty against torture and other cruel, inhuman or degrading treatment or punishment in accordance with article 11 (b),
subparagraphs (ii) and (iii), of the Optional Protocol.
4.This report is being sent to the national preventive mechanism on a confidential basis; it will be up to the national
preventive mechanism to decide whether or not to make it public. The Subcommittee does, however, recommend that the
national preventive mechanism make the report public and requests that it be notified of the mechanism’s decision in
that regard.
5. The Subcommittee will send a separate confidential report for the authorities in which it will make recommendations to the State
party.
6.The Subcommittee wishes to express its gratitude to both the Center for Human Rights and the Consultative Council for their
cooperation and the facilitation of the visit.
II.Recommendations for the national preventive mechanism
7.The planning of the Subcommittee’s advisory visit was a joint undertaking, as both the NPM and the Subcommittee agreed in
advance on the agenda of the meetings and the NPM chose the places of detention. The meetings allowed the Subcommittee to
understand legal, structural and institutional obstacles faced by the NPM, while joint site visits to two places of deprivation of liberty
permitted to analyse the working methodology of the visiting teams. During the visits, members of the Subcommittee adopted a role
of observers, while members of the NPM led the delegation.
8.The Subcommittee took a good impression of the individual capacities of the members composing the teams and, thus, considers
the NPM to have a great potential. It also commends the NPM for its efforts to respect the gender balance of the teams, in
compliance with article 18.2 of the OPCAT. The Subcommittee is also of the view that the members and staff of the NPM should be
required to undertake jointly some further training, as well as to review jointly their working methods on a regular basis, in order to