Strengthening the Human Rights Compliant Criminal Justice System in the Republic of Moldova

Background

Violations of the prohibition of inhuman and degrading treatment, including poor conditions of detention and inadequate medical care, lawfulness of detention and related issues, absence of an effective remedy, ineffective investigations into ill-treatment in police custody and penitentiary institutions, etc. are some of the key issues identified in the ECtHR judgments with respect to the Republic of Moldova (Levinta, Corsacov, I.D., Sarban vs. Moldova). These judgments also constitute some of the largest groups of cases, execution of which is pending before the Committee of Ministers of the Council of Europe. Some of the solutions to these issues require significant criminal justice reforms.

The need to continue the reforms in the criminal justice field in the Republic of Moldova is also based on the analysis of the findings and recommendations of the Council of Europe monitoring statutory and treaty bodies, i.e. Parliamentary Assembly and Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment.

The Project ”Strengthening the human rights compliant criminal justice system in the Republic of Moldova” is part of the continuous endeavour by the Council of Europe to support the Republic of Moldova in fulfilling its human rights obligations as a member state of the Organisation. The Project is funded by the Council of Europe Action Plan for the Republic of Moldova for 2021-2024.

The Project pursues an overall objective of further ensuring higher respect for human rights in the functioning of the criminal justice system in the Republic of Moldova by assisting the national authorities to build an effectively functioning criminal justice system which is in line with European human rights standards, based on the principles of humanisation, resocialisation and restorative justice.

The Project aims at further strengthening the criminal justice system of the Republic of Moldova in the areas of combatting ill-treatment and establishing a basis for a more humane approach towards sentencing in criminal cases.

Duration: 46 months (1 March 2021 – 31 December 2024)

Publications, reports, opinions and studies

Expert opinion to the Draft Law on amending certain normative acts (criminal investigation and trial of the criminal case in absentia), prepared by Mr Jeremy McBride, international consultant of the Council of Europe

Guide on the risk of public disorder and protection of detainee as ground for applying pre-trial detention and house arrest, prepared by the Institute for Penal Reform of the Republic of Moldova

Review of the normative framework on the detention and escort of persons in police custody in the Republic of Moldova, prepared by Radu Geamanu, Graham Smith and Vadim Vieru

Needs assessment report on the investigation of torture, deliberate inhuman or degrading treatment or punishment in police custody in the Republic of Moldova, prepared by Ralph Roche, Graham Smith and Victor Zaharia

Report on the application of criminal sanctions in the Republic of Moldova, prepared by Idlir Peci, on the basis of submissions and data collected by Vladimir Grosu, Natalia Rosca, Vasile Cantarji, Ion Graur, Lilia Ionita, Tinca Bodiu

Expert opinion to the draft Law amending Law No. 52/2014 on the People's Advocate (Ombudsman) of the Republic of Moldova, prepared by Marek Antoni Nowicki and George Tugushi

What do we aim to achieve?

Improved application of pre-trial detention

Better criminal sentencing

Enhanced capacity of the Ombudsperson Institution and the NPM

News

Discussions over the cases of the Republic of Moldova under supervision procedure at the Committee of Ministers of the Council of Europe

Judges familiarized with European principles and standards related to release from life imprisonment and conditional release

First Meeting of the Advisory Council under the Government Agent of the Republic of Moldova

Moldovan National Preventive Mechanism Annual Report for 2022 presented at Ombudsperson Office/Council of Europe round table

Council of Europe launches two Projects in the Republic of Moldova to continue supporting reforms in the criminal justice sector

All news

Who we work with?

The project is implemented in cooperation with Parliament, Ministry of Justice, Ministry of Internal Affairs, Superior Council of Magistracy, Supreme Court of Justice, Superior Council of Prosecutors, General Prosecutor’s Office, Bar Association, People’s Advocate Office (Ombudsperson Institution), National Council for the Prevention of Torture (National Preventive Mechanism), National Institute of Justice.

Who benefits from the project?

The project targets judges, prosecutors, lawyers, police officers, staff members of the People’s Advocate Office, National Preventive Mechanism members and other criminal justice actors. The end beneficiaries are the users of the justice system, parties to criminal proceedings.