REPORT by Thomas Hammarberg
Commissioner for Human Rights of the Council of Europe
Following his visit to Moldova – 25 to 28 April 2009
Executive summary
I. Introduction
II. Persons deprived of their liberty by the police
III. Deaths
IV. Media issues and reporting on possible human rights violations
V. Conclusions and recommendations
Appendix
Commissioner Thomas Hammarberg and his delegation visited Moldova two and a half weeks after the post-electoral demonstrations of 6-7 April 2009. The specific issue of the treatment of the people detained in relation to the events was the central focus of the Commissioner’s attention.
The majority of the persons interviewed by the Commissioner’s delegation, who had been arrested in connection with the April 2009 post-electoral demonstrations, alleged that they had been beaten – some of them severely – by police officers. In several cases, the medical expert accompanying the Commissioner directly observed physical marks consistent with those allegations. Moreover, the medical files in the establishments visited contained records of injuries which were consistent with the persons’ accounts.
The Commissioner recommended that decisive action be taken to adopt and enforce a firm attitude of “zero tolerance” of ill-treatment throughout the criminal justice system. Prosecutors, judges, senior police officers and lawyers should be attentive to allegations or signs of possible ill-treatment, and there needs to be proper screening, recording and reporting of injuries in police detention facilities.
Representatives of the Moldovan authorities accepted that police had abused their powers in the aftermath of the protests when dealing with persons deprived of their liberty, and expressed their resolve to overcome the problem of ill-treatment by the police. It was strongly underlined by the Commissioner that such large-scale violations of the fundamental right to be free of ill-treatment must never be allowed to recur, and that active steps must be taken to pursue accountability whenever individual cases of ill-treatment emerge. The Minister of the Interior and the Prosecutor General informed the Commissioner that many complaints concerning ill-treatment had been received and were being processed, and that investigations had been initiated ex officio. Read the rest of this entry »
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