Background:

The Programme “Promoting a human rights compliant criminal justice system in the Republic of Moldova” is in line with the strategic priorities for cooperation as formulated in the Council of Europe Action Plan for the Republic of Moldova for 2017-2020, and is funded by the Norwegian government.

The Programme corresponds to the strategic relevant objectives defined by the Moldovan Government in the prolonged Justice Sector Reform Strategy 2011-2016 (JSRS) and its Action Plan, the Prison System Development Strategy 2016-2020 and the Strategy of Developing the Probation System 2016 – 2020 and their Action Plans.

The necessity to accelerate the reforms in the criminal justice field is supported by the findings and recommendations of the Council of Europe monitoring statutory and treaty bodies, Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (CPT), as well as by the shortcomings revealed by the European Court on Human Rights (European Court) in its judgments with respect to the Republic of Moldova. A number of European Court’s judgments – Becciev, Ciorap, Paladi, Musuc, Sarban - constituting ones of the largest groups of cases, execution of which is pending before the Committee of Ministers, concern issues such as violations of the prohibition of inhuman and degrading treatment, including poor conditions of detention and inadequate medical care, lawfulness of detention and related issues, the right to an effective remedy. Latest CPT report expressed concerns that little or no action had been taken by the Moldovan authorities in respect of certain longstanding key recommendations concerning the situation in prisons, in particular as regards inter-prisoner violence and prison staffing levels. The identified further shortcomings related to poor management of prisons, severe overcrowding in some prisons and very poor conditions of detention, lack of adequate health care services.

The main aim is to ensure a higher respect for human rights and the rule of law by assisting the national authorities in building up an efficiently functioning criminal justice system, in line with European human rights standards, and based on the principles of humanisation, resocialisation and restorative justice.

Main intervention areas will cover policy/legal framework, institutional and practical implementation levels, with the focus on:

• Consolidation of criminal justice policy, legislation and judiciary practice in line with international standards with respect to the liberalization of criminal proceedings, including strengthening the application of non-custodial pre-trial preventive measures and sanctions, alternative sanctions in criminal cases, improvement of probation services and release on parole mechanism
• Better treatment and resocialisation of inmates by improving the regulatory and policy framework as well as prison staff capacities relevant to regime arrangements and management of prisons, implementation of treatment programmes and provision of health care services for inmates;
• Support towards the development of the capacities of criminal justice stakeholders in the light of the implementation of the on-going reforms, including judiciary, prosecution service, as well as Ombudsperson’s institution and National Prevention Mechanism (NPM).

Main activities and working methods:

To achieve the above results, the Council of Europe will together with the national partners implement a variety of activities, i.e.: needs-assessments, research and base-line studies; policy and legislative expertise; capacity development activities, including development of curricula, training, workshops, conferences, experience-exchange meetings, study visits; awareness raising activities; procurement of equipment; pilots in prisons.