CAT/OP/MDA/1
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 from1 to 4 October
2012.
2.
The Subcommittee was represented by the following members: Mari Amos, Petros
Michaelides (Head of the delegation), Christian Pross and Fortuné Gaetan Zongo.
3.
The Subcommittee was assisted by two human rights officers and one security
officer from the Office of the High Commissioner for Human Rights (OHCHR), as well as
three local interpreters.
4.
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.
5.
During their visit, the members of the Subcommittee met with officials from the
Government of Moldova, with representatives of the Parliament and with civil society
organizations, among others (Annex I). Since one of the main reasons for the visit was to
provide the national preventive mechanism with advisory assistance, a number of meetings
were held with the members and staff of the mechanism itself in order to discuss its
working methods and explore ways of strengthening and increasing its effectiveness, as
explained below. Members of the Subcommittee also visited, together with the NPM, two
places of detention in Chisinau (Annex II).
6.
The Subcommittee wishes to express its gratitude to the authorities for the
facilitation of the visit. It also wishes to express its thanks to the Office of the United
Nations Development Programme (UNDP) in Moldova, in particular the OHCHR Human
Rights Advisor, Mr. Claude Cahn, for the support in arranging for this mission to take
place.
II. The national preventive mechanism
7.
The Republic of Moldova ratified the Optional Protocol on 24 July 2006. With the
Protocol’s entry into force on 22 June 2006, the State assumed the obligation of designating
or establishing a national mechanism to prevent torture within one year’s limit.1 The
modalities for the creation and functioning of the NPM of Moldova were determined by the
Law no. 200-XVI from 26 July 2007 and the Decision of the Moldovan Parliament no. 201XVI from 26 July 2007, which modified the Regulations concerning the Centre for Human
Rights. On 8 February 2008, the Subcommittee was officially notified2 on the designation
1
2
Article 17 OPCAT.
Note Verbale No.83 of the Permanent Mission of the Republic of Moldova to the United Nations
Office in Geneva.
3