Strengthening the Human Rights Compliant Criminal Justice System in the Republic of Moldova phase II
The judgments of the European Court of Human Rights (e.g., Sarban v. Republic of Moldova, Paladi v. Republic of Moldova, Modârca v. Republic of Moldova, Boicenco v. Republic of Moldova, Holomiov v. Republic of Moldova, David v. Republic of Moldova, Mușuc v. Republic of Moldova, etc.) identified patterns of repeated violations concerning the use of pre-trial detention in the Republic of Moldova. The execution of these judgments has been or is still being supervised by the Committee of Ministers. Lack of relevant and sufficient reasons in court decisions ordering or extending the detention on remand remains a systemic problem.
Lack of effective investigations and remedy as to the ill-treatment and torture to extract confessions lack of effective investigations and effective remedy is the subject of the Levinta group of cases, the execution of which is under the enhanced supervision by the Committee of Ministers.
Though progress was made in reforming the criminal justice system in the Republic of Moldova the justification to continue the action is grounded in the profound long-term structural and systemic issues in the criminal justice sector.
Multiple actions and initiatives need to be further supported notably in relation to the application of pre-trial detention, application of criminal sanctions, conditional release as well as effective investigation of ill-treatment and other crimes, reasoning of pre-trial decisions as well as court decision in the criminal matters.
What is the goal and objective of the action?
The Project “Strengthening the human rights compliant criminal justice system in the Republic of Moldova phase II” aims to enhance the protection of human rights for the population of the Republic of Moldova by fostering an effective and functional criminal justice system in line with the European human rights standards.
The Project is in line with the strategic cooperation priorities and objectives outlined in the Council of Europe Action Plan for the Republic of Moldova 2025-2028 and the Strategy for Ensuring the Independence and Integrity of Justice Sector for 2022-2025.
Funding: 2 300 000 EUR
Duration of the project: 48 months (1 January 2025 – 31 December 2028)
Who benefits from the project?
- Ministry of Justice
- Ministry of Internal Affairs
- Superior Council of Magistracy
- Supreme Court of Justice
- General Prosecutor's Office
- Superior Council of Prosecutors
- Moldovan Bar Association
- Ombudsperson Institution/National Preventive Mechanism
- National Institute of Justice
- General Police Inspectorate
- Office of the Government Agent
- Association of Women in Prosecution
How does the project work?
The cooperation project will be carried out in line with the priorities laid down in the Council of Europe Action Plan for the Republic of Moldova for 2025-2028.
What do we expect to achieve?
- Institutional independence and operational capacity of the prosecution service is strengthened in line with the Council of Europe standards and best practices.
- Criminal justice stakeholders apply human rights guarantees to criminal proceedings and a more humanized approach to criminal sentencing.
- The capacities of the Government Agent in executing judgments of the European Court of Human Rights are strengthened.
- Stakeholders, implementing external monitoring, are more effective in prevention of human rights violations within the criminal justice system.
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
Legal analysis of the Law No.137/2016 on the rehabilitation of victims of crimes in the Republic of Moldova, prepared by Dr. Christa Pelikan and Arina Turcan-Dontu
Legal analysis of the Law No. 1545/1998 of the Republic of Moldova on compensation for damage caused by illegal acts by the criminal investigation authorities, prosecution and courts, prepared by Erik Svanidze
Compendium of European Standards and Good Practices of Judicial Reasoning, prepared by Idlir Peci, on the basis of submissions and data collected by Igor Dolea, Tudor Osoianu, Vincent Delbos, Kanstantsin Dzehtsiarou, Hugo Rascão, Cristi Danilet, Natalia Rosca, Ion Graur, Vasile Cantarji.
Aliona COJOCARU
Senior Project Officer,
Council of Europe Office in Chisinau
Aliona.Cojocaru [at] coe.int
Alexandra PINZARI
Senior Project Officer,
Council of Europe Office in Chisinau
Alexandra.Pinzari [at] coe.int
Nicoleta MORARU
Project Officer,
Council of Europe Office in Chisinau
Diana MIHAILOVA
Project Assistant,
Council of Europe Office in Chisinau
Anna GHERMAN
Project Assistant,
Council of Europe Office in Chisinau
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