Serkan is a young LGBTI person from the Republic of Moldova who was previously detained. In this context he was exposed to situations of vulnerability, stigmatisation and violence within the prison environment. Detained and far from any support system, he found himself completely alone in facing hardship and injustice. Access to adequate food and medical care was difficult and every move he made was calculated to avoid drawing attention from inmates and prison staff.
“The other prisoners immediately showed hostility toward me because of my sexual orientation. Every day became a struggle for survival, filled with humiliation and fear, where every step I took could lead to a new conflict,” said Sarkan.
The situation of this marginalised and vulnerable group in pre-trial detention facilities and prisons in the Republic of Moldova is at the centre of the first study at national and regional level which was presented during an recent event that brought together representatives of public authorities, detention institutions, human rights bodies, civil society organisations and international partners. This served as an opportunity to exchange views on the study findings, discuss key recommendations and identify follow-up actions to strengthen the protection of LGBTI persons deprived of liberty.
One of the main findings of the study indicate that LGBTI persons in police custody and prisons face systemic risks of violence and discrimination, particularly due to the absence of clear identification, placement and protection procedures. It also shows that LGBTI persons are at particularly high risk with regard to placement in institutions and rooms, access to medical care (including hormone treatment) and the use of “protective” isolation, with serious negative effects on mental health.
Angela LONGO, Head of Country Cooperation Unit of the Council of Europe underlined that LGBTI persons in detention, particularly transgender and non-binary individuals, continue to face heightened risks of violence, discrimination and ill-treatment and that the absence of systematic data collection on sexual orientation and gender identity remains a critical gap. She stated: “Without reliable information, it is difficult to design evidence-based policies, assess risks or monitor the effectiveness of protective measures.”
The report reveals that usually LGBTI persons avoid declaring their identity for reasons of safety. For example, in the 10 prisons visited during research, the monitoring team identified that 28 people who self-identified as part of the LGBTQI community had been detained, but based on discussions with prison directors, staff and prisoners, the actual number may be higher. The reluctance of LGBTI persons to self-identify due to safety reasons influences their absence from statistical records and limits the reflection of their situation in the institutional analysis process.
Fred DUIJN, Ambassador of the Kingdom of the Netherlands in the Republic of Moldova highlighted: “As the Republic of Moldova advances on its European integration path, it is ensuring equality, human dignity, and protection from discrimination for all people, including LGBTI persons in pre-trial detention facilities and prisons. I encourage all to continue to work together and thank the Council of Europe, national authorities, civil society, and international partners for their intent to translate these findings into concrete actions that will guide future reforms and strengthen the protection of human rights in Moldova.”
For the People's Advocate Office, protecting the rights of the LGBTI community is not an isolated concern but part of a broader mandate to monitor and safeguard the rights of people deprived of liberty and all groups at heightened risk of discrimination, violence, or exclusion. Ceslav PANICO, People’s Advocate of the Republic of Moldova explained how members of the LGBTI community are part of these particularly vulnerable categories, who require additional protection measures.
As shown by the report, there remains a significant gap between international standards and the national reality due to the absence of regulations on the recognition of same-sex partnerships, clear procedures for the legal recognition of gender identity and special protection rules for LGBTI persons in detention. In this context, participants discussed the need for improved procedures and staff training, enhanced protection mechanisms and the steps to build a constructive dialogue on the reforms and practical measures needed to address challenges identified in this report.
The study concludes with a set of recommendations aligned with European and international human rights standards and reflect the broader commitment of the Republic of Moldova to uphold human dignity, equality and the rule of law. Key recommendations include: adopting a national policy on LGBTI protection in the justice system and detention; establishing a legal framework for gender recognition; creating a secure system for collecting disaggregated SOGI data across police, prisons and probation; developing training programmes for law enforcement and detention staff; implementing effective reporting and investigation mechanisms for discrimination; and continuing awareness-raising among relevant actors.
The launch event reaffirmed the importance of a human rights-based approach to detention and the shared commitment of stakeholders to advancing inclusive and non-discriminatory policies within the Republic of Moldova’s justice and penitentiary systems as part of the European integration process of the country.
This event was organised in the framework of the Council of Europe project Combating discrimination, hate speech and hate crimes in the Republic of Moldova, financed under the Council of Europe Action Plan for the Republic of Moldova. The research for this report was conducted in the framework of the programme “Partnership for Good Governance”, co-funded by the European Union and the Council of Europe, in partnership with the Embassy of the Kingdom of the Netherlands in the Republic of Moldova and the People’s Advocate Office in the Republic of Moldova, and finalised under the Council of Europe Action Plan for the Republic of Moldova.
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