Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Reservations
Status as of 26/06/2017

Republic of Moldova

Reservation contained in the instrument of ratification, deposited on 12 September 1997 - Or. Mol./Fr.

In accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], the Republic of Moldova formulates a reservation to Article 4, with a view to retaining the possibility of enforcing criminal sentences in the form of non-custodial forced labour, as provided for in Article 27 of the Criminal Code, and also administrative sentences in the form of forced labour, as provided for in Article 30 of the Code of Administrative Offences. This reservation shall be effective for one year from the date of the Convention's entry into force in respect of the Republic of Moldova.

Appendix to the reservation contained in a Note Verbale, dated 5 September 1997, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 12 September 1997 - Or. Mol./Fr.

Criminal Code

Article 27 - Non-custodial forced labour.

"Non-custodial forced labour may be imposed for a period of between two months and two years and shall be executed in conformity with the decision of the judicial authority either at the sentenced person's place of work or at another place within the territory of his or her usual place of residence.

Between 5% and 10% of the income thus earned by the sentenced person, to be decided by the judicial authority, shall be deducted by the State.

In the case of persons recognised as being unfit for work, the judicial authority may replace forced labour with a fine equivalent to half the minimum monthly wage for such forced labour or with a public warning.

If the person sentenced to non-custodial forced labour to be performed at his/her place of work fails to comply, the judicial authority may be requested by the Ministry of the Interior or a specified public organisation or labour collective to send the person to serve his/her sentence elsewhere, as decided by the bodies concerned, without imposing forced labour, provided this occurs within the territory of the sentenced person's usual place of residence.

Where the person sentenced to non-custodial forced labour intentionally fails to serve his/her sentence, the judicial authority may replace the period of forced labour not executed with a prison sentence of the same duration.

The mode of execution of non-custodial forced labour is laid down in the legislation of the Republic of Moldova."

Code of Administrative Offences

Article 30 - Forced labour.

"Forced labour shall be imposed for a period of up to two months and must be executed at the permanent place of work of the person having committed the administrative offence, whereby 20% of his/her wage shall be deducted by the State.

Forced labour shall be ordered by a judicial authority.

The minimum period of forced labour is 15 days, unless otherwise specified by the legislation of the Republic of Moldova."
Period covered: 12/09/1997 - 11/09/1998
Articles concerned : 4

Reservation contained in the instrument of ratification, deposited on 12 September 1997 - Or. Mol./Fr.

In accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], the Republic of Moldova formulates a reservation to Article 5, paragraph 3, with a view to extending the validity of an arrest warrant issued by the public prosecutor as set out in Article 25 of the Constitution of the Republic of Moldova, Article 78 of the Code of Criminal Procedure and Article 25 of Law No. 902-XII on the Prokuratura of the Republic of Moldova of 29 January 1992. The reservation shall be effective for six months following the Convention's entry into force in respect of the Republic of Moldova.

Appendix to the reservation contained in a Note Verbale, dated 5 September 1997, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 12 September 1997 - Or. Mol./Fr.

Constitution of the Republic of Moldova

Article 25 - Individual Freedom and Personal Security.

"(1) Individual freedom and personal security are declared to be inviolable.

(2) Searching, detaining in custody or arresting a person shall be permitted only if based on the authority of the law.

(3) The period of detention in custody may not exceed 24 hours.

(4) Persons may be arrested only under warrant issued by a member of the national legal service for a maximum time limit of 30 days. The detainee may contest the legality of the warrant and lay a complaint before a court judge who is bound to reply by way of a motivated decision. The time limit of detention may be extended to 6 months and in exceptional cases, if approved by decision of Parliament, to 12 months.

(5) Persons detained in custody or arrested shall be informed without delay of the reasons for their detention or arrest, as well as of the charges made against them, which may take place only in the presence of a lawyer, either chosen by the defendant or appointed ex officio.

(6) If the reasons for detention in custody or arrest have ceased to exist, the release of the person concerned must follow without delay."

Code of Criminal Procedure

Article 78 - Detention on remand.

"The measure of detention on remand is imposed, in compliance with Article 6 of this Code, in respect of offences for which the law lays down custodial sentences in excess of one year. In exceptional cases such detention can be applied to offences for which the law provides for a custodial sentence not exceeding one year.

Minors who are arrested or detained on remand must be kept separately from adults and convicted minors. The investigating authorities are required to notify the parents or guardians of such detention or arrest immediately.

In all cases of detention on remand the arrested person shall be permitted, on request and as soon as possible, to make telephone calls to two persons regarding his/her arrest.

In connection with persons charged with the offences laid down in Articles 61-71, Article 72 part 2, Articles 74-76, 78, 81, Article 82 part 1, Articles 83-89, 95, 102, 103, Article 106 part 2, Article 116-1, Article 119 parts 2 and 3, Article 120 parts 2 and 3, Article 121, Article 122 part 3, Article 122-1, Article 123 part 3, Article 123-1, Article 125 parts 2, 3 and 4, Article 127, Article 160-2 part 2, Article 187 part 2, Article 187-1, Article 188, Article 190 part 2, Article 191 part 2, Article 193 part 2, Articles 206-1, 206-2, Article 213 part 2, Article 221 part 2, Article 225-1 part 2, Article 225-2 parts 2 and 3, Article 225-3, Article 225-4 part 2, Article 227-1, Article 230-1 part 2, Article 239 points 2 and 3, Article 241 points 2 and 3, Article 243 point 2, Article 248 points 2 and 4, Article 249, Article 250 point 2, Article 252 point 3, Article 256 point 6, Article 258 point 4, Article 260 point 3, Article 262, Article 263 point 2 and Articles 264-268 of the Criminal Code, the measure of detention on remand may be applied on the simple grounds that the offence is dangerous in character.

Arrests shall be made on the basis of a warrant issued by the public prosecutor for a maximum period of 30 days. When considering a case requiring the issue of an arrest warrant, the public prosecutor is required to scrutinise all the material setting out the reasons for the arrest and, if appropriate, question the suspect or the accused; he/she must carry out questioning in all cases where the latter is a minor.

The Public Prosecutor General, his/her deputy, district and local public prosecutors and equivalent categories are empowered to issue arrest warrants. In the absence of district or local public prosecutors or equivalent officials, their deputies may issue a 5-day arrest warrant. The local or other public prosecutors can extend this period up to a maximum of 30 days. Any subsequent extension of the detention period shall be effected in accordance with the provisions of Article 79 of this Code.

The arrest warrant shall state the date and place of issue, the name and grade of the public prosecutor issuing the warrant, the investigation data on the detainee, the circumstances of the perpetration of the offence and their official designation under the Criminal Code, the grounds and reasons for the arrest, the period of validity of the arrest warrant and the body implementing it.

The person in question shall immediately be informed of the reasons for the arrest in the course of an interview which must take place in the presence of a lawyer, either chosen by the person concerned or officially appointed within 12 hours from the time of the arrest. At the same time the appeal procedure shall also be explained to the detainee.

An individual whose arrest warrant has been set aside by a judicial decision in accordance with Article 195-2 of this Code can only be re-arrested for the same offence if new evidence is discovered necessitating such arrest. Repeated implementation of arrest as a punitive measure may be the subject of a general court appeal.

Section 9 of this Code lays down the mode of treatment of persons remanded in custody in places of detention."

Law on the Prokuratura of the Republic of Moldova

Article 25 - Sanctioning the restriction of citizens' rights.

"(1) By virtue of law, the Public Prosecutor is entitled to issue arrest warrants and to arrest persons suspected or accused of having committed an offence.

(2) The Public Prosecutor General, his/her deputies, district public prosecutors, members of the specialised Prokuraturas and their deputies are empowered to issue arrest warrants.

(3) The conditions governing the issue and period of validity of warrants are set out in the Code of Criminal Procedure.

(4) The Public Prosecutor General, his/her deputies, district public prosecutors, members of the specialised Prokuraturas and their deputies shall sanction legal measures to restrict citizens' constitutional rights, within the limits of their powers."
Period covered: 12/09/1997 - 11/03/1998
Articles concerned : 5

Reservation contained in the instrument of ratification, deposited on 12 September 1997 - Or. Mol./Fr.

In accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], the Republic of Moldova formulates a reservation to Article 5 with a view to retaining the possibility of applying disciplinary sanctions to soldiers in the form of arrest warrants issued by superior officers, as laid down in Articles 46, 51-55, 57-61 and 63-66 of the Disciplinary Regulations of the Armed Forces, adopted under Law No. 776-XIII of 13 March 1996.

Appendix to the reservation contained in a Note Verbale, dated 5 September 1997, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 12 September 1997 - Or. Mol./Fr.

Disciplinary Regulations of the Armed Forces

Article 46.

"The following disciplinary penalties may be imposed on conscripts:

a) preliminary warning;
b) warning;
c) severe warning;
d) withholding of furlough;
e) imposition of extra duties (apart from guard and emergency service) and chores - up to a maximum of 5 tours of duty (maximum of 8 working hours per day);
f) detention for a maximum of 10 days;
g) demotion in terms of duties;
h) demotion by one rank;
i) removal of the rank of sergeant."

Article 51.

"Officers commanding a company are entitled to:

a) issue preliminary warnings, warnings and severe warnings;
b) withhold furlough;
c) impose extra duties or chores, up to a maximum of 4 tours of duty for soldiers and 2 for sergeants;
d) impose on soldiers the penalty of detention for a maximum of 72 hours (3 days)."

Article 52.

"(1) Officers commanding a battalion are entitled to:

a) issue preliminary warnings, warnings and severe warnings;
b) withhold furlough;
c) impose extra duties or chores, up to a maximum of 5 tours of duty for soldiers and 3 for sergeants;
d) impose on soldiers the penalty of detention for a maximum of 5 days.

(2) In addition to the sanctions listed above, commanders-in-chief of independent military units holding disciplinary authority over a battalion in accordance with Article 10 are entitled to impose the disciplinary sanctions set out in Article 53 (e) and (h)."

Article 53.

"Officers commanding a regiment are entitled to:

a) issue preliminary warnings, warnings and severe warnings;
b) withhold furlough;
c) impose extra duties or chores, up to a maximum of 5 tours of duty for soldiers and 3 for sergeants;
d) impose on soldiers the penalty of detention for a maximum of 7 days;
e) demote conscripted sergeants in terms of duties;
f) remove the military rank of corporal;
g) demote soldiers by one rank, from the rank of sergeant-major downwards, including demotion in terms of duties;
h) remove the rank of conscripted sergeants, including demotion in terms of duties."

Article 54.

"In addition to the powers granted to officers commanding regiments, officers commanding brigades are entitled to impose on soldiers and sergeants the penalty of detention for a maximum of 10 days."

Article 55.

"The following disciplinary penalties may be imposed on professional soldiers:

a) preliminary warning, warning and severe warning;
b) imposing the penalty of detention (apart from women soldiers) for a maximum of 10 days;
c) notification of partial unsuitability for duty;
d) demotion in terms of duties;
e) relegating soldiers to the reserve before the expiry of their contracts."

Article 57.

"Officers commanding a company are entitled to:

a) issue preliminary warnings, warnings and severe warnings;
b) impose on soldiers the penalty of detention for a maximum of 2 days."

Article 58.

"(1) Officers commanding a battalion are entitled to:

a) issue preliminary warnings, warnings and severe warnings;
b) impose the penalty of detention for a maximum of 3 days.

(2) Commanders (heads) of independent military units holding disciplinary authority over a battalion in accordance with Article 10 are also entitled to impose the disciplinary sanctions set out in Article 59 (c) and (d)."

Article 59.

"Officers commanding a regiment are entitled to:

a) issue preliminary warnings, warnings and severe warnings;
b) impose the penalty of detention for a maximum of 5 days;
c) notify soldiers of partial unsuitability for duty;
d) relegating soldiers, corporals, lower-ranking sergeants, sergeants and sergeant-majors to the reserve before the expiry of their contracts."

Article 60.

"In addition to the powers set out in Article 59, officers commanding brigades are also entitled to:

a) impose the penalty of detention for a maximum of 7 days;
b) demote soldiers by one rank."

Article 61.

"The following disciplinary sanctions may be imposed on officers:

a) preliminary warning, warning and severe warning;
b) arrest of lower-ranking officers for a maximum period of 10 days;
c) arrest of higher-ranking officers for a maximum period of 5 days;
d) notification of partial unsuitability for duty;
e) demotion in terms of duties;
f) demotion by one rank."

Article 63.

"(1) Officers commanding companies and battalions are entitled to issue preliminary warnings, warnings and severe warnings.

(2) Commanders of independent military units holding disciplinary authority over a battalion in accordance with Article 10 are also entitled to impose on lower-ranking officers the penalty of detention for a maximum of 3 days, and to notify them of partial unsuitability for duty."

Article 64.

"In addition to the powers set out in Article 63, officers commanding regiments are entitled to impose on lower-ranking officers the penalty of detention for a maximum of 5 days."

Article 65.

"In addition to the powers set out in Article 64, officers commanding brigades are also entitled to:

a) impose on lower-ranking officers the penalty of detention for a maximum of 7 days, and on higher-ranking officers detention for a maximum of 3 days;

b) demote lower-ranking officers by one rank."

Article 66.

"In addition to the powers set out in Article 65, Vice-Ministers of Defence, Vice-Ministers of the Interior, Vice-Ministers for National Security and Deputy Heads of the Department of Civil Protection and Emergency Situations are entitled to:

a) impose on lower-ranking officer the penalty of detention for a maximum of 10 days, and on higher-ranking officers detention for a maximum of 5 days;
b) demote officers by one rank, from the deputy commanders of military units downwards."
Period covered: 12/09/1997 -
Articles concerned : 5


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