A new Council of Europe study has found encouraging progress in the way prosecutors and judges in the Republic of Moldova apply European human rights standards when requesting and deciding on pre-trial detention and house arrest. At the same time, the study identifies the need for greater consideration of alternatives to detention, more consistent assessments of proportionality and individual circumstances, and more individualised reasoning of decisions. Its findings provide an important basis for further legislative, institutional and practical improvements aimed at strengthening the protection of the right to liberty.

The study “The Reasoning of Court Decisions Imposing Preventive Arrest/House Arrest in the Republic of Moldova in 2022 and 2023” examined prosecutorial requests and judicial decisions concerning preventive measures in light of Article 5 of the European Convention on Human Rights and the case-law of the European Court of Human Rights. It recommends strengthening the training of judges, prosecutors and lawyers, enhancing guidance from higher courts and promoting greater consistency in judicial practice.

These findings and recommendations were presented and discussed during a round table that brought together justice sector stakeholders, representatives of academia and civil society to explore how decision-making on preventive measures in the Republic of Moldova can be further strengthened in line with European human rights standards.

Presenting the findings, Jeremy McBride, Council of Europe international consultant and co-author of the study, noted that “there has been some move towards achieving greater compliance with the requirements of the European Court relating to the imposition of preventive measures”. At the same time, he stressed that “there seems to be some scope for enhancing the reasoning skills of all involved and a greater focus in the approach to imposing preventive measures on the specifics of individual cases”.

Vadim Vieru, Council of Europe national consultant and co-author of the study, underlined the practical significance of these findings: “The quality of reasoning is not a technical detail but the very foundation of a fair justice system.” He noted the importance of ensuring that decisions concerning deprivation of liberty are based on concrete evidence and individualised assessments, rather than standardised reasoning.

Building on the study's findings and recommendations, participants discussed possible legislative, institutional and practical responses to challenges related to the application of pre-trial detention and house arrest in the Republic of Moldova. Particular attention was given to the systemic issues identified by the Committee of Ministers of the Council of Europe in the execution of the Șarban group of cases, as well as to measures aimed at strengthening the quality of reasoning in decisions concerning preventive measures.

The round table concluded with a shared understanding that further progress in improving the reasoning of decisions on pre-trial detention and house arrest requires coordinated efforts across the justice sector to ensure continued alignment with European human rights standards.

The event was organised within the framework of the Council of Europe Project “Strengthening the human rights compliant criminal justice system in the Republic of Moldova phase II”, which is part of the Council of Europe Action Plan for the Republic of Moldova for 2025-2028.