UN COMMITTEE AGAINST TORTURE REITERATES 90 PERCENT OF IDOM’S OBSERVATIONS AND RECOMMENDATIONS SET OUT IN LATTER’S COUNTRY SHADOW REPORT

The UN Committee Against Torture has published its concluding observations as part of its 2017 review of the Republic of Moldova.

In this connection, the Committee reiterated 90 percent of IDOM’s observations and recommendations that the latter had set out in its shadow country report.

* The State party should ensure that all fundamental legal safeguards against torture are enjoyed in practice by all detained persons, including arrested persons and those in pretrial detention, from the outset of their deprivation of liberty;

The State party should monitor the provision of such safeguards and ensure that any official who fails to provide them in practice is subjected to disciplinary or other appropriate punishment;

* The right of detainees to have prompt and confidential access to a qualified and independent lawyer immediately after arrest and during all stages of detention, including hearings;

* The right of detainees to request and receive a medical examination conducted in confidentiality by an independent doctor within 24 hours of their arrival in a place of detention;

* Ensure that no one is held in pretrial detention for longer than prescribed by law;

* Amend its legislation and take all necessary measures to shorten the duration of pretrial detention and consider replacing pretrial detention for minor crimes with non-custodial measures, including electronic surveillance;

* Improve material conditions in temporary detention facilities and pretrial facilities and ensure that they have protocols and qualified staff to interact with persons with mental or intellectual disabilities;

* Independent monitoring mechanisms have access to psychiatric hospitals and neuro-psychological institutions, and provide for independent complaints mechanisms for patients in all psychiatric hospitals and psycho-neurological residential institutions and their family members;

* Ensure that prompt, impartial and effective investigations are undertaken into all allegations of abuse or violence, including any violence conducted or condoned by administrative and medical staff employed in such institutions; prosecute alleged perpetrators; and provide redress to victims;

* Ensure that no one is involuntarily placed in such institutions for non-medical reasons, including by ensuring that patients have the right to be heard in person by the judge ordering the hospitalization, that judges seek the opinion of a psychiatrist, and that such decisions can be appealed;

* Review all cases of persons who have been forcibly placed in psychiatric hospitals for non-medical reasons and provide them with an opportunity to be released and, as appropriate, receive redress;

* Undertake urgent measures to improve the material conditions, including food and hygiene, in all psychiatric hospitals and psycho-neurological residential institutions.

These are only some of the recommendations made for the Republic of Moldova.

All the findings and recommendations of the Committee may be found on the webpage: http://tbinternet.ohchr.org/…/MDA/CAT_C_MDA_CO_3_29668_E.pdf

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