CAT/C/CR/30/7
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B. Positive aspects
4.
The Committee welcomes the following positive aspects:
(a)
The indications given by the State party’s delegation that the new Criminal Code
will provide a legal framework for more humane treatment of detainees;
(b)
The fact that the State party has agreed to publicize the reports and responses
resulting from the visits of the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT). Furthermore, the State party has established a
specialized Standing Coordinating Committee in regard to the matters dealt with by the CPT;
(c)
The efforts of the Moldovan authorities to improve prison conditions, inter alia by
removing 89 per cent of the metal shutters which covered cell windows in remand prisons;
increasing efforts regarding the treatment of tuberculosis patients; and increasing labour offers
for detainees;
(d)
The acceptance of article 20 of the Convention.
C. Subjects of concern
5.
The Committee expresses concern about:
(a)
The numerous and consistent allegations of acts of torture and other cruel,
inhuman or degrading treatment or punishment of detainees in police custody;
(b)
The reported lack of prompt and adequate access by persons in police custody to
legal and medical assistance, and to family members;
(c)
The deletion of the definition of torture in the new Criminal Code, which was in
conformity with that of the Convention;
(d)
Administrative police detention in temporary holding facilities under the
jurisdiction of the Ministry of the Interior;
(e)
The reported failure of the State party to ensure prompt, impartial and full
investigations into the numerous allegations of torture and ill-treatment, thereby contributing to a
culture of impunity among law enforcement officials;
(f)
The absence of an independent oversight mechanism competent to deal with
complaints against the police;
(g)
The lack of judicial supervision of temporary holding facilities that are under the
jurisdiction of the Ministry of the Interior;
(h)
Allegations of a dysfunctional criminal justice system, apparently caused in part
by a lack of independence of the procuracy and the judiciary;