Questa discussione ha avuto 6 risposte

[Rick]

http://www.protv.md/...ile=27068#27068

[thejournalist]

la rinnovata attenzione verso la situazione della tortura e maltrattamenti in Moldova dipende dalla relazione dei due inviati dell'ONU.
questi hanno visitato tutta la Moldova,compresa la transnistria,visto che per l'ONU la transnistria e' una regione della Moldova,recandosi quindi anche a Tiraspol e a Hlinaia.
il rapporto riguarda quindi in senso lato entrambe le entita'.
al termine del rapporto si afferma infatti:" le suddette proccupazioni e raccomandazioni si applicano anche alla regione transnistriana,sebbene non sia stato creato fino ad ora nessun meccanismo indipendente  di monitorizzazione della tortura e nessuna legge sulla violenza contro le donne.
anche la pena di morte dovrebbe essere abolita ,cosi' come l'isolamento per le persone condannate alla pena di morte o all'ergastolo"
ecco il rapporto in versione integrale.


UN EXPERTS ON TORTURE AND
VIOLENCE AGAINST WOMEN
CONCLUDE JOINT VISIT
TO MOLDOVA

xxxxxxxxxx
11 July 2008



Chisinau -- In conclusion of their 7-day visit to Moldova undertaken upon invitation by the Government, the Special Rapporteur of the United Nations Human Rights Council on Violence against Women, its causes and consequences, and the Special Rapporteur on Torture and other forms of cruel, inhuman, degrading treatment or punishment, delivered the following statement:

"At the outset, we would like to express our appreciation for the full cooperation extended to us by the Government of Moldova. We are grateful to all our interlocutors, including senior State officials, representatives of civil society, and victims of violence, trafficking and torture. A list of places visited and meetings held is annexed to this statement.

The Republic of Moldova has come a long way in institution building and human rights protection since independence in 1991. By acceding to numerous international human rights treaties, it has sent strong signals about its commitment to put the rights of individuals at the centre of its public policy formulation and its legal system. In the area of violence against women as well as torture and ill-treatment, important steps have been taken to integrate these international standards in the national legal framework. Just yesterday the Parliament adopted a new law on labour migration. However, while we commend the Government for the numerous laws, action plans and programmes that lay down the standards for the rights and freedoms that everybody should enjoy, we are concerned at the significant gaps – acknowledged by all actors - between the normative framework and the reality on the ground.

Our findings will be discussed in a more comprehensive way in the reports we will submit to the United Nations Human Rights Council at a later stage, today we would like to share our preliminary observations.

Gender equality and violence against women

Whereas gender equality is ensured and promoted by law, in practice, women experience high levels of unemployment or are concentrated in low paid sex-type jobs, and encounter strong patriarchal attitudes and deep-rooted stereotypes that perpetuate the subordinate position of women in the family and in society. Violence against women, within the family and in formal institutions, is said to be a widespread phenomenon. Domestic violence, in particular, is experienced in silence and receives little recognition among officials, society and women themselves. Unless it results in serious injuries, domestic violence is, by and large, accepted as a normal aspect of private life by men and women alike and not considered as a problem warranting legal intervention. The protective infrastructure for victims of violence is insufficient, with only one shelter where domestic violence victims and their children can take refuge.

In addition, the challenges of the transition and the economic crisis that plagued the country have placed particular burdens on women, increasing their vulnerability to exploitation, violence and ill-treatment. Notably in the context of irregular/illegal migration, women fall victim to slave-like work conditions and/or to trafficking networks. Voluntary or forced migratory movements are intimately linked with domestic abuse and economic deprivation. The need to feed their children or to escape an abusive family environment are strong factors that motivate them to go abroad.


Police ill-treatment and torture, the ineffectiveness of complaints mechanisms and the execution of punishments

On the basis of discussions with public officials, judges, lawyers and representatives of civil society, interviews with victims of violence and with persons deprived of their liberty, often supported by forensic medical evidence, we conclude that ill-treatment during the initial period of police custody is widespread. Torture methods such as severe beatings, with fists, rubber truncheons, and baseball bats, including on soles, electro-shocks, asphyxiation through gas masks, putting needles under fingernails and suspension are often used in order to obtain confessions from suspects, including in the Transnistrian region.

Although the legislation guarantees victims of torture and ill-treatment the right to file complaints, in practice, they have little chance of being heard. It is the victims who are asked to prove whether or not they have been ill-treated. Given the excessive periods suspects spend in police custody, this is impossible because, in the large majority of cases, no visible marks remain. One of the key international requirements when it comes to violence and ill-treatment is the need to prosecute the perpetrators. Whereas the rising number of indictments for the crime of torture is encouraging, in the light of the many allegations received, much remains to be done to ensure that prosecutors, judges, the medical staff and the staff of penitentiary institutions investigate promptly acts of ill-treatment.

Also conditions in police custody facilities are a source of major concern and in some cases, notably in Bălţi and Tiraspol police headquarters, where persons are held in small, badly ventilated and partly overcrowded cells without any daylight, amount to inhuman treatment. With respect to the detention facilities under the Ministry of Justice, it is notable that we have not received many allegations of ill-treatment. Progress has been achieved when it comes to improving conditions, including in the Transnistrian region. However, the long periods many spend in pre-trial detention violates the principle of the presumption of innocence. With regard to convicts, international standards require that the criminal execution system should aim at rehabilitating and reintegrating offenders – and many interlocutors were in agreement that this is not currently the case. On the contrary, the practice of severely restricting contacts among the prisoners as well as with the outside world based on various strict regimes, contravenes this idea. In this context, we would like to underline that the year-long confinement to cells for persons sentenced to life-imprisonment may amount to inhuman treatment. This applies even more to the Transnistrian region, where solitary confinement is required for those convicted to life imprisonment or capital punishment. Also, it is regrettable that the so-called "initial regime", recently introduced into the Penitentiary Code of the Republic of Moldova, exacerbates the situation of detainees rather than constituting an improvement. Access to health care at all stages of deprivation of liberty is an issue of concern.

Two promising initiatives

Several measures have been taken by Moldovan authorities in recent years to prevent human rights violations. We would like to point out the following ones:

1) The Law on preventing and combating family violence, to enter into force on 18 September 2008, contains a number of important provisions, such as on the possibility of granting protective orders obliging the perpetrator to stay away from the victim, on cooperation between public administration and civil society organizations, on the protection of the security of the victim as a human rights principle, and on the possibility for third parties to file complaints. This Law, together with the Law on ensuring equal opportunities for women and men, will contribute towards improved prevention, protection and prosecution of incidents of violence against women.

2) We commend the Government for establishing a so-called "national preventive mechanism", an independent committee chaired by one of the Parliamentary Advocates, which has the right to undertake unannounced visits to all places where persons can be deprived of their liberty and to conduct private interviews with all persons detained. Since such monitoring bodies are among the most effective means of preventing torture, this, in our view, constitutes a major step towards preventing torture and ill-treatment in the future.

Preliminary recommendations

It is of utmost importance that effective implementation and monitoring strategies and mechanisms are developed in order to ensure that both the mechanisms mentioned above function in practice, including through allocation of budgetary and human resources. In order to prevent misconception and biases regarding the nature of violence against women, plans of action to implement laws and policies should be evidence-based. In this respect, a national database on violence against women and a prevalence survey are essential.

On the basis of the new law on labour migration as well as the mobility partnership with the European Union and bilateral agreements, decisive measures need to be taken to regulate migratory flows and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

With respect to preventing and combating trafficking in human beings, in view of its transnational dimension, we call for shared responsibility among States for developing bilateral and transnational solutions to the problem.

We express the hope that the Government views the "national preventive mechanism" as an ally in a collective effort of finding out the truth about what happens in places where persons are deprived of their liberty.

Introducing accessible and confidential complaints mechanisms, establishing an effective and independent criminal investigation and prosecution mechanism against alleged perpetrators of torture, reducing the time limits for police custody to 48 hours, granting access to independent medical examinations without interference by the prosecutor at all stages of the criminal process and the transfer of temporary detention isolators from the Ministry of Interior to the Ministry of Justice should be considered priorities. The independence of lawyers should be further strengthened. The situation of conditions in police custody needs to be improved bearing in mind the presumption of innocence.

The system of execution of punishments should be conceived in a way that truly aims at rehabilitation and reintegration of offenders, in particular through abolishing restrictive detention rules, including for persons sentenced to long prison terms, and maximising contact with the outside world. Further steps should be taken to improve access to health care.

By and large the above concerns and recommendations apply to the Transnistrian region as well, although no independent torture monitoring mechanism and no law on violence against women have been enacted so far. Also, the death penalty should be abolished as well as the requirement for solitary confinement of persons sentenced to capital punishment or life imprisonment.

The Government's recent initiatives, as well as the notable efforts of non-governmental organizations for the promotion and protection of human rights, are indisputable contributions towards the creation of an enabling environment for combating torture, ill treatment and violence against women. A life free of torture and violence is possible and all persons are entitled to it. In this respect, we fully appreciate that ensuring functioning protection systems for victims of domestic violence and in the migration context, as well as the implementation of a justice system in full accordance with international law are costly. We therefore call on the Government and the donor community to prioritize efforts aiming at eliminating torture and ill treatment and at empowering women and ending all forms of violence against them. We also recommend that, whenever possible, the Transnistrian region be included in the scope of such initiatives."






Short biographical information about the two Special Rapporteurs

Yakin Ertürk, Professor of Sociology at Middle East Technical University in Ankara, Turkey, was appointed UN Special Rapporteur on Violence against Women in 2003 by the United Nations Commission on Human Rights. Moldova is the seventeenth country she has visited.
For more information on the mandate, please consult: http://www2.ohchr.or...rteur/index.htm

Manfred Nowak was appointed Special Rapporteur on Torture on 1 December, 2004 by the United Nations Commission on Human Rights. He is Professor of Constitutional Law and Human Rights at the University of Vienna, and Director of the Ludwig Boltzmann Institute of Human Rights. Moldova is the twelfth country he has visited.
For more information on the mandate, please consult: http://www2.ohchr.or...ture/rapporteur

[thejournalist]

mi ero dimenticato di segnalare che, mentre l'informazione moldava ha anche segnalato le conclusioni degli inviati ONU ,come ben mostrato da RICK, non risulta che l'informazione transnistriana abbia segnalato le indicazioni riguardanti in maniera specifica l'area sotto il controllo di Tiraspol.
curioso no?

mi e' venuto lo sghiribizzo di segnalare,visto che il rapporto in questione riguardava soprattutto la situazione in Moldova, come ,secondo l'occidente, si rispettano i dirittti umani in transnistria.
trattandosi dell'opinione dei paesi liberi e democratici va naturalmente preso tutto con le pinze.

Human rights of Transnistria have been under severe criticism by several governments and international organizations. The Republic of Moldova, as well as other states and NGOs claim that the government of Transnistria is authoritarian and has a poor human rights record, and is accused of arbitrary arrest and torture.

With the stated aim of wanting to rectify its human rights record and bring it in line with European standards, Transnistria in 2006 established an ombudsman office.

The 2007 Freedom in the World report, published by the US-based Freedom House, described Transnistria as a "non-free" territory, having an equally bad situation in both political rights and civil liberties.

  Overview
In July 2007 the European Parliament, in a decision without juridical power, condemned the “strict and frequent” violation of human rights by the Transnistrian separatist authorities. The European Parliament "deplores the lack of respect for human rights and human dignity in Transnistria" and "condemns the continued repression, harassment and intimidation of representatives of the independent media, NGOs and civil society".

According to an U.S. Department of State report referring to year 2006, The right of citizens to change their government was restricted[...] Authorities reportedly continued to use torture and arbitrary arrest and detention.[...]In Transnistria authorities limited freedom of speech and of the press.[...]Authorities usually did not permit free assembly.[...] In the separatist region of Transnistria the authorities continued to deny registration and harassed a number of minority religions groups.[...]The separatist region remained a significant source and transit area for trafficking in persons.[...] Homosexuality was illegal, and gays and lesbians were subject to governmental and societal discrimination.

The Republic of Moldova accuses the PMR administration of organizing incursions into some of the left-bank villages controlled by the Moldovan government such as Vasilevca, which they claim also result in arbitrary arrests, beatings and sometimes even deaths.

Several alleged crimes by the paramilitary forces of the Transnistrian government remained uninvestigated. The chairman of the Moldovan Helsinki Committee for Human Rights claimed that 20 people were killed in the village of Chiţcani, 5 km south of Tiraspol, between 1996 and 2000. He said that no government authority investigated these deaths because Moldova has no access to the village and Transnistrian authorities do not wish to investigate.

According to a human rights report by the US Department of State, prisons in Transnistria are said to be harsh.

According to US Department of State human rights reports for 2003-2004 and 2005, the right of citizens to change their government is severely restricted; authorities reportedly continued to use torture and arbitrary arrest and detention. Transnistrian authorities harassed independent media and opposition lawmakers, restricted freedom of association and of religion, and discriminated against Romanian-speakers.

The police investigation into the July 2004 disappearance of Sergei Gavrilov, who was imprisoned in Transnistria during the early 1990s and allegedly witnessed the mistreatment of members of the "Ilascu Group", was not solved. Transnistrian authorities have regularly harassed and often detained persons suspected of being critical of the regime for periods of up to several months. For example, Transnistrian authorities detained for several hours and reportedly abused two brothers, aged 12 and 15, who were the sons of a teacher at one of the Latin script schools in Transnistria. The Transnistria militia had reportedly explained they had detained the boys to clean the city of homeless people before the December legislative elections


Situation of the media
According to OSCE, the media climate in Transnistria is restrictive and the authorities continue a long-standing campaign to silence independent opposition voices and groups. Alternative viewpoints were stifled by widespread censorship

According to the same U.S. Department of State report for 2006, Both of region's major newspapers were controlled by the authorities. There was one independent weekly newspaper in Bender and another in the northern city of Rîbniţa.[...]Separatist authorities harassed independent newspapers for critical reporting of the Transnistrian regime.[...]Most television and radio stations and print publication were controlled by Transnistrian authorities, which largely dictated their editorial policies and finance operations. Some broadcast networks, such as the TSV television station and the INTER-FM radio station, were owned by Transnistria's largest monopoly, Sherriff, which also holds a majority in the region's legislature.[...]In July 2005 the Transnistrian Supreme Soviet amended the election code to prohibit media controlled by the Transnistrian authorities from publishing results of polls and forecasts related to elections.


Situation of Moldovan (Romanian)-language schools



Transnistrian local authorities insist that public education for ethnic Moldovans in their mother tongue is done using the Soviet-originated Moldovan Cyrillic, having restricted the usage of the Latin script (the norm) for the Moldovan language to only 6 schools. Four schools (of the remaining six) that taught the Moldovan language using the Latin script were forcedly closed by the authorities, who claimed this was due to the refusal of the schools to apply for official accreditation. The schools were later reopened amid pressure from the European Union(Several Transnistrian officials were banned from traveling through EU), but as private institutions.

In November 2006, the European Court of Human Rights has accepted to examine the claims submitted by three Moldovan schools in Transnistria (from Tighina, Rîbniţa and Grigoriopol) regarding the violation of their right to education and their right to work in non-discriminiatory conditions. The three concerned schools regard the governments of Russia and Moldova as responsible for violation of their rights.

The OSCE mission to Moldova has urged local authorities in the Transnistrian city of Rîbniţa to return a confiscated building to the Moldovan Latin script school located in the city. The unfinished building was nearing completion in 2004, when Transnistria took control of it during that year's school crisis.

"In November 2005 Ion Iovcev, the principal of a Romanian-language school in Transnistria and active advocate for human rights as well as a critic of the Transnistrian leadership, received threatening calls that he attributed to his criticism of the separatist regime."

Transnistrian local authorities insist that public education for ethnic Moldovans in their mother tongue is done using the Soviet-originated Moldovan Cyrillic alphabet. The usage of the Latin script for the Moldovan language, which is the norm in the rest of the Moldovan-speaking areas, is restricted to only 6 privately funded schools. In the summer of 2004, this issue sparked into yet another political conflict between Chisinau and Tiraspol. Four out of six schools that taught the Moldovan language using the Latin script were closed by the authorities, who claimed this was due to the refusal of the schools to apply for official accreditation. The schools were later reopened after pressure from the European Union (by introducing a travel ban to 10 Transnistrian education officials), but as private institutions.

The OSCE mission to Moldova has urged local authorities in the Transnistrian city of Rybnitsa to return a confiscated building to the Moldovan Latin script school located in the city. The unfinished building was nearing completion in 2004, when Transnistria took control of it during that year's school crisis.


In November 2006 the European Court of Human Rights has accepted to examine the claims submitted by three Moldovan schools in Transnistria (from Tighina, Rîbniţa and Grigoriopol) regarding the violation of their right to education and their right to work in non-discriminiatory conditions. The three schools concerned regard Russia and Moldova as responsible for violation of their rights.


Ilie Ilaşcu Group
  

In the best known political process, Ilie Ilaşcu was convicted in 1993 of killing two Transnistrian officials, and initially sentenced to death by Transnistria's Supreme Court, however this was repealed to a life prison sentence. Three other members of his group were sentenced to terms of 12 to 15 years’ imprisonment, and confiscation of their property. Ilaşcu was released in 2001, following a decision of the European Court of Human Rights, while the other three were released in 2004 and 2007, when they finished serving their "sentences". "[...] Some in Moldova and neighboring Romania saw the group's members as martyrs for their opposition to the separatists." (ECHR stated the authorities have broken the right of freedom and safety to all 4 members of his group, and the treatment Ilie Ilaşcu suffered is qualified as torture. The court also ordered Moldova and Russia — which backs Transnistria — to pay the four a total of €750,000 (US$1,000,000) in compensation for the deprivation of their freedom, and for torture and inhumane treatment while in custody.

A case of human rights violation is the arrest and trial of the leader of Christian Democratic Popular Party, Ilie Ilaşcu, who was arrested along with four other persons at their homes in Tiraspol in early days of June 1992. Ilie Ilaşcu, a politician who favoured Moldovan union with Romania, was sentenced to death by the Transnistrian government. He was released in 2001 amid international pressure.

In the case, they were charged with the murder of two "civil servants" and "terrorist crimes against PMR". In December 1993 Ilie Ilaşcu was sentenced to death for war crimes and terrorism. During the trial, he was kept in reinforced iron cages, as he was considered "extremely dangerous". This decision was contested by various international human rights organizations, which cast doubt upon the fairness of the trial. For years, he was kept in solitary confinement without access to family or to medical assistance.

He was eventually released in 2001, two years after he lodged an application with the European Court of Human Rights. He refused Moldovan president Vladimir Voronin's offer that he must abandon his lodged application with the European Court of Human Rights in exchange of the promised liberty of the other moldovans imprisoned in Transnistria.

In the case of Ilaşcu and Others v. Moldova and Russia (2004), the judgement of the European Court of Human Rights found their detention arbitrary and it did not recognized the sentence.  It also demanded Moldova and Russia to take all necessary measures to put an end to the two Ilie Ilaşcu Group members, Andrei Ivanţoc and Tudor Petrov-Popa, still imprisoned in Transnistria.


Situation of the religious groups
Some organizations claim that the right of free assembly or association is not fully respected and that religious freedom is limited by denying registration to Baptists, Methodists, and the Church of the Living God. Transnistrian authorities also reportedly accused Jehovah's Witnesses of lacking patriotism and spreading Western influence, and developed school teaching aids along those lines containing negative and defamatory information regarding the Jehovah's Witnesses. In 2007, the US-based Christian Broadcasting Network denounced Transnistrian KGB persecution of Protestants.


Profanation of military cemetery
According to the Moldavian and Romanian press, in February 2007, Transnistrian authorities destroyed and profaned the Drăgalina cemetery in Tighina (also known as the Romanian cemetery, which contains/contained the tombs of many World War II solders), thus violating Articles 34 and 130 of the 4th Geneva Convention. The Transnistrian authorities did not exhume the bodies; they only removed the crosses and leveled the terrain with bulldozers.

According to the Romanian edition of Deutsche Welle, the Transnistrian authorities announced that the crosses will be smashed up with explosives and, in a mixture with asphalt will be used to repair the roads of the city. According to PMR News, the authorities in Transnistria are to reenter the exhumed soldiers outside of the city and authorities have taken steps so that the identities of exhumed soldiers are not lost. No such steps to date were taken, and locals have reported bones moved with buldosers all over the place. A monument to Soviet soldiers is proposed to be built over the leveled graves. According to the official Transnistrian press, "Memorials dedicated to glory and monuments play an important role in the education of the young generation."

The cemetery was founded in 1812, when the graves of Swedish and Russian solders that died near the Tighina Fortress in 1709 were relocated. In the 19th century, several leaders of Don cossacks, local boyars and city councilmen were buried in the cemetery. During World War II, Romanian (the majority of the graves), German and Soviet solders, and Soviet POWs were buried there. Soviet graves are located in one part of the cemetery, called Borisovskoe, while the 333 Romanian graves were located in the now destroyed other part, called Dragalina. 319 identified Romanian and 14 unidentified soldiers, as well as 13 Soviet prisoners were buried at this cemetery.


Recent events
In March 2007 several opponents of Transnistrian regime were arrested as they made public appeals for a protest rally against the Tiraspol regime's policy. On March 19, 2007 Transnistrian authorities also arrested Ştefan Urîtu, the head of the Moldovan Helsinki Committee for Human Rights, and two of his aides, despite the fact that Urîtu has a residence in Transnistria They were later released.

Transnistrian residents with automobiles registered in Moldova have seen their cars confiscated by Transnistrian authorities

During the Moldovan municipal elections on June 3, 2007, the Transnistrian authorities prevented the inhabitants of Corjova, a village in the security zone and under the administrative control of Chişinău, participating in the elections. Local councillor Iurie Cotofana was arrested. After being beaten he was hospitalized. Corjova's mayor, Valeriu Miţul, - who was up for re-election - was threatened with death. Valentin Besleag, a candidate for Corjova's mayoral office was also arrested

[Rick]

A prescindere dal fatto che

cmq sia

il principio del “mal comune mezzo gaudio”

non  risolverebbe il problema


Vorrei capire una cosa: ,

Dove hai letto che l’indagine è stata allargata alle carceri di Tiraspol e di Hlinaia ?

Io
nel testo che hai allegato
non ne vedo traccia ,

ed anzi , a conferma di questo mio dubbio leggo :

thejournalist, su 13-Jul-2008 11:08, dice:

le suddette proccupazioni e raccomandazioni si applicano anche alla regione transnistriana,sebbene non sia stato creato fino ad ora nessun meccanismo indipendente  di monitorizzazione della tortura

[Rick]

thejournalist, su 13-Jul-2008 11:25, dice:

mi ero dimenticato di segnalare che, mentre l'informazione moldava ha anche segnalato le conclusioni degli inviati ONU ,come ben mostrato da RICK, non risulta che l'informazione transnistriana abbia segnalato le indicazioni riguardanti in maniera specifica l'area sotto il controllo di Tiraspol.
curioso no?

In attesa di chiarire il punto esposto nel post precedente ,

e quindi ammettendo ma non concedendo
che in PMR ne avessero dovuto parlare

mi complimento per la tua copertura sui media della PMR !

HAspita !
Tanto capillare
da poter escludere con certezza che una notizia sia mai stata data !

Da far invidia a Stasi Securitade e KGB



A si .....

thejournalist, su 13-Jul-2008 11:25, dice:

mi ero dimenticato di segnalare che,

non mi sembra proprio questo

il momento proprizio per mettersi a fare un parallelo

con la libertà di informazione in Moldova .


Sono ormai mesi che si parla insitententemente

per quanto riguarda la MD

di censura ed asservimento dei media !

[Rick]

thejournalist, su 13-Jul-2008 11:25, dice:

mi e' venuto lo sghiribizzo di segnalare,visto che il rapporto in questione riguardava soprattutto la situazione in Moldova, come ,secondo l'occidente, si rispettano i dirittti umani in transnistria.
trattandosi dell'opinione dei paesi liberi e democratici va naturalmente preso tutto con le pinze.

Il problema è
che si tratta per il 90 % di notizie
mediate dalle autorità moldave
e dai media a lei asserviti .

Saranno anche

thejournalist, su 13-Jul-2008 11:25, dice:

opinione dei paesi liberi e democratici

ma bisogna vedere
su quali fonti hanno formato la loro opinione .......

Ho scorso velocemente i temi trattati ,
e sono TUTTI ampiamente discutibili
oltre che "triti e ritriti"

Non faccio fatica ad immaginare
quale versione di questi problemi
sia stata in questa sede esaminata !

[Rick]

April 10 2008
Moldovan prisoner compelled to eat letters he wrote to speaker Marian Lupu
The Moldovan Helsinki Human Rights Committee has brought to daylight another case of severe violation of detainees’ rights. It’s the story of a prisoner in a Taraclia-based jail, who was tortured and compelled to eat the letters he addressed to the Parliament’s President Marian Lupu, Info-Prim Neo reports.
The president of the NGO ªtefan Uratu told a news conference on Thursday, April 10, he had learnt of the case following an anonymous phone call. A mission of the Committee went to the place to find facts. The human rights activists found the prisoner had bruises and body injuries. He told he had been insulted, menaced and beaten up by a penitentiary worker. He was hit in the chest with legs and his head onto wall, being compelled to eat the letters addressed to the speaker. He wrote about the ways of maltreating and torturing prisoners.
“Protesting and trying not to be transferred to the “bad guys” block, the victim cut his hands and belly,” the executive director of the Helsinki Committee Teodor Carnat has said.
The Committee regularly receives complaints from relatives and detainees about the violations in jails, as it points out a series of serious abuses and violations especially in the Taraclia prison.
Many petitions sent by prisoners to central authorities are censored and their authors are tortured. Despite the law, the detainees are not allowed to speak on the phone. The Taraclia penitentiary has but two phones used only by the administration, said Teodor Carnat.
The medical assistance provided to them is below any requirements. The medications are scarce and of bad quality.
The difficult access to penitentiary, the obstacles created by administrations and the leadership of the Penitentiary Institutions Department not only for prisoners’ relatives, but for human rights NGOs do not correspond to the Penal Code an d the penitentiaries’ mission, the executive manager concluded.
According to the Moldovan Helsinki Human Rights Committee, in 2007, the rights of the jailed people are violated most frequently in Moldova, especially the rights to healthcare and medical assistance, not to be subjected to torture and inhumane and degrading treatment, to defense, correspondence, phone calls, meetings and to a fair trial.
Info-Prim Neo




Torture and ill-treatment in police custody remain widespread in Moldova

2007-10-23/07:07 Torture and ill-treatment in Moldova remain widespread and systemic despite some initial legislative steps made by the government to change police practices in order to eradicate it, Amnesty International said today in its latest report titled “Moldova: Torture and ill-treatment: "It's just normal".

According to Heather McGill, Amnesty International's researcher on Moldova, the information in this report has been gathered through visits to places of detention and interviews with victims of torture, lawyers, NGOs in the field and government officials. The low rates of conviction of police officers, the difficulties that victims face in lodging complaints mean that many perpetrators of torture and ill-treatment are not brought to justice, Heather McGill said.

Amnesty International calls on the Moldovan government to increase safeguards against torture and other ill-treatment in police custody such as: shortening the detention period before being brought before a judge from 72 to 24 hours, suspension for the duration of the investigation of police officers for acts of torture or other ill-treatment, compulsory confidential medical examinations on arrival at places of detention, and others. There is also need for an independent mechanism that will investigate all allegations of ill-treatment by law enforcement officers, while all interrogations should be recorded on audio and video tape. Amnesty International also suggests that all the health professionals in detention places should be transferred from the subordination of the Ministry of Internal Affairs to that of the Health Ministry.

According to Evghenii Golosceapov, Amnesty International Moldova’s Executive Director, 29 lawyers have participated since 2005 in seminars dedicated to torture prevention as part of the “Lawyers and Human Rights” Programme, with two more seminars of this kind to follow this year. Amnesty International has formulated a test containing questions with hidden answers and comments for police officers. This way they will have the opportunity to test their knowledge and learn more on the topic, Golosceapov said.

Based on data from the Prosecutor General’s Office, in the first eight months this year there were registered 30 cases of torture.



Tortura şi maltratarea din partea colaboratorilor de poliţie au caracter sistematic în Moldova


2007-10-23/07:07 Tortura şi maltratarea din partea colaboratorilor de poliţie sunt în continuare larg răspândite în R. Moldova şi au caracter sistematic, în pofida unor acţiuni ale Guvernului orientate spre stoparea fenomenelor date. Acesta este concluzia principală a raportului – Moldova. Tortura şi maltratarea din partea poliţiei: «Doar e normal», prezentată de Amnesty International (AI) marţi, 23 octombrie.

Potrivit cercetătorului pe Moldova al Secretariatul Internaţional al AI de la Londra, Heather McGill, raportul este bazat pe materialele colectate în urma vizitelor la secţiile de poliţie şi pe interviuri cu victime ale torturii, cu reprezentanţii ONG-urilor din domeniu, cu avocaţi şi persoane cu funcţii de răspundere din ministere. Heather McGill susţine că rata scăzută de condamnare a ofiţerilor de poliţie pentru maltratare, incompetenţa unor avocaţi şi dificultăţile pe care le întâmpină victimele la înaintarea plângerilor sunt cauze care contribuie la persistarea practicilor de tortură în Moldova.

AI cheamă autorităţile moldovene să acţioneze în prevenirea cazurilor de tortură şi maltratare, dar şi pentru a îmbunătăţi condiţiile de detenţie. Raportul include o serie de recomandări printre care, reducerea perioadei de detenţie preventivă de la 72 la 24 de ore şi suspendarea poliţiştilor bănuiţi de acte de maltratare pe durata investigaţiilor. Este necesară crearea unui organ aparte care va analiza plângerile victimelor maltratării şi torturii în custodia poliţiei, iar interogatoriile trebuie să fie înregistrate audio/video, spune Heather McGill. Totodată, AI propune ca lucrătorii medicali din locurile de detenţie să treacă din subordinea Ministerului Afacerilor Interne în cea a Ministerului Sănătăţii.

Conform directorului executiv AI Moldova, Evghenii Goloşceapov, 29 de avocaţi au participat din 2005 până în prezent la seminare dedicate prevenirii torturii în cadrul programului „Avocaţii şi drepturile omului”, iar până la sfârşitul acestui an se vor mai desfăşura 2 seminare de acest gen. AI a elaborat un test cu întrebări închise şi explicaţii ulterioare la tema torturii şi maltratării care va fi distribuit colaboratorilor de poliţie. Aceştia vor avea posibilitatea să se autoverifice şi să înveţe în acelaşi timp prin intermediul unui test facil, spune Evghenii Goloşceapov.

Potrivit informaţiilor AI, cu referire la datele Procuraturii Generale, în primele 8 luni ale anului au fost intentate 30 de dosare în baza articolului referitor la tortură din codul penal. Pe parcursul anului 2006, au fost intentate 50 de dosare de acest gen.





Пытки и избиения со стороны сотрудников полиции носят в Молдове систематический характер


2007-10-23/07:07 Пытки и избиения со стороны сотрудников полиции по-прежнему широко распространены в Республике Молдова и носят систематический характер, несмотря на определенные действия правительства, направленные на борьбу с соответствующим явлением. Таков основной вывод доклада «Молдова. Пытки и избиения со стороны сотрудников полиции», представленного организацией Amnesty International во вторник, 23 октября.

Согласно автору исследования в Молдове из Международного Лондонского секретариата Amnesty International Хетер Макджилл, доклад основан на материалах, собранных по результатам посещений полицейских участков и интервью с жертвами пыток, с представителями неправительственных организаций в соответствующей сфере, с адвокатами и ответственными работниками министерств. Хетер Макджилл утверждает, что низкий уровень приговоров в отношении сотрудников полиции за избиения людей, некомпетентность некоторых адвокатов и трудности, которые встречают жертвы при подаче жалоб - основные причины сохранения практики пыток в Молдове.

Amnesty International призывает власти Республики Молдова действовать в направлении предупреждения случаев пыток и избиений, а также улучшения условий содержания. Доклад включает ряд рекомендаций, среди которых сокращение периода предварительного заключения с 72 до 24 часов и отстранение от должностей полицейских, обвиняемых в жестоком обращении в период следствия. Необходимо создание отдельного органа, который будет анализировать жалобы жертв избиений и пыток. Кроме того, должна вестись аудио/видеорегистрация допросов, утверждает Хетер Макджилл. Вместе с тем Amnesty International предлагает перевести медицинских работников в местах заключения из ведения Министерства внутренних дел в ведение Министерства здравоохранения.

По словам исполнительного директора Amnesty International в Молдове Евгения Голощапова, 29 адвокатов участвовали с 2005 года до настоящего времени в семинарах, посвященных предупреждению пыток в рамках программы «Адвокаты и права человека», а до конца нынешнего года состоятся еще два подобных семинара. Amnesty International разработала тест на тему пыток и избиений, которые будет распределен среди сотрудников полиции. С помощью этого простого теста полицейские смогут проверить себя, отметил Голощапов.

Согласно информации Amnesty International со ссылкой на данные Генпрокуратуры, за восемь месяцев этого года было возбуждено 30 дел на основе статьи о пытках Уголовного кодекса Республики Молдова. В 2006 году было возбуждено 50 аналогичных дел.


October 30 2006
ECHR to consider urgently complaint by Vitali Colibaba on applying tortures in Moldova
The European Court of Human Rights (ECHR) will consider urgently complaint by Vitali Colibaba against the Moldovan Government on applying tortures to him on the part of Chisinau policemen.
Lawyer Roman Zadoinov said on Monday at a press conference in Infotag that policemen tried to make Colibaba to recognize that he had committed a theft, which he had not committed, by means of tortures. The accused did not stand up to tortures and tried to commit the suicide on the imprisonment spot, but other prisoners called for medical workers, who saved him. Zadoinov demanded from the General Prosecutor's office to conduct an investigation on applying tortures, but it refused. The lawyer and his client addressed to the ECHR, as it is the only possibility to right a wrong.
After this the General Prosecutor's office warned the lawyers that it would institute criminal suits against them, if they do not stop complaining to international organizations and defaming Moldova's image abroad in this way.
Director General of Amnesty International - Moldova Evgheny Goloshapov said at a press conference that the ECHR can take a decision on this case in the 1H2007.
He explains this quick reaction on the ÅÑHR part by the fact that the matter is of tortures and threatening lawyers on the part of the General Prosecutor's office.
Zadoinov remarked that Colibaba estimated the damage inflicted on him at €700 thousand. If the ECHR satisfies his complaint, it will be the most considerable sum to be paid by Moldova on a decision of the European Court.
INFOTAG


November 23 2005
Amnesty International Protests Against Torture and Ill-treatment by Moldovan Police
The Amnesty International Moldova (AIM) is going to attract international attention to the fate of Sergey Gurgurov suspected of committing a major theft of mobile phones.
His lawyer Anna Ursachi told a news conference in Infotag today that her customer was detained on October 25 on charges of robbing a mobile phone shop and inflicting a 30,000 lei damage to it.
Amnesty International Moldova has issued a Press Release reading that Gurgurov is being denied medical treatment he urgently requires for injuries sustained during torture and ill-treatment by the police. Despite a court decision of November 3 that he should be transferred under home arrest, the police brought new charges against him and continue to detain him. He may be at risk of further torture. Gurgurov was detained by Chisinau Ryshkanovka sector on October 25 and placed into holding facility at the Chisinau police headquarters. On November 3, he was brought before the Ryshkanovka Sector Court after the Sector Procurator demanded to detain him for questioning for another 30 days. On the day of trial, Gurgurov was assisted to the 4th floor of the courthouse by police officers as he was unable to walk, with his feet dragging as the officers pulled him upstairs. As can be seen from the video made by his lawyer, Gurgurov was clearly unable to walk or stand without support. He told his lawyer he had been tortured while in detention - beaten and subjected to electric shock - to force him to confess in that theft and about a dozen analogues crimes committed in Chisinau lately.
The lawyer appealed against his further detention in view of his visibly poor health as well as of the lack of evidence against him. The court refused the Procurator's request to extend the detention period, and called for Sergei Gurgurov's immediate transfer under home arrest. However, instead of taking him home, the police kept him in an unknown place for over two hours, and then moved him to another temporary holding facility in Chisinau.
On November 4, lawyer Anna Ursachi learned from the authorities that his continuing detention was based on another order for his arrest dating back to September 2001, which also concerned a theft. It is not known why the authorities waited for four years before detaining him, and his lawyer claims there is no evidence to link Sergei Gurgurov to the theft. On the same day, she lodged an appeal claiming that her client was being arbitrarily detained. However, the detention was reviewed only on November 11 when the appeal was rejected. The lawyer believes the authorities delayed the hearing until his injuries were less visible.
On November 11, a medical expert visited Sergei Gurgurov in detention, but refused to diagnose his condition saying that he needed to examine him at hospital in order to make a diagnosis, and demanded that Gurgurov be transferred to a hospital immediately. The authorities ignored that demand. The following day, on the lawyer's insistence, the Head of the Neuro-Surgery department of a local hospital visited Sergei Gurgurov, and confirmed he needed an urgent examination with equipment only available at the hospital. However, the authorities have still not permitted Sergei Gurgurov to be examined or treated at hospital and he is currently not receiving any medical treatment in detention.
Lawyer Ursachi stated during the news conference, "We shall bring legal action against the 4 policemen who tortured my client. He is innocent, and is sure he will be able to recognize them. We have already addressed Moldovan General Prosecutor Valeriu Balaban demanding him to initial proceedings into the torture case".
Amnesty International Moldova Executive Director Yevgeny Goloshapov advised the Organization has already launched an international urgent action to help Gurgurov.
INFOTAG