欢迎来到联合国，您的世界！ 
OHCHR 
条约机构
人权事务委员会审议摩尔多瓦共和国的报告（部分翻译）
摩尔多瓦接受审议
2016年10月19日
分享
日内瓦（2016年10月19日）——人权事务委员会今天结束了对摩尔多瓦共和国关于其如何落实《公民权利和政治权利国际公约》条款的第三次定期报告的审议。
摩尔多瓦共和国司法部副部长Eduard Serbenco呈递了报告，表示2011年至2014年国家人权方案已经完成落实，目前政府正在起草一项新计划，将在其中纳入委员会的结论性意见和接下来摩尔多瓦共和国普遍定期审议中提出的建议。规范仇恨罪的《刑法》修订案已提交至议会审议，目前正在推行一项规范残疾人法律能力的法律草案。国家已落实了包括2010年至2015年性别平等国家方案在内的诸多举措，旨在促进并确保性别平等。摩尔多瓦共和国为打击人口贩运问题显著改善了立法框架，并于近期通过了一项关于犯罪受害者康复问题的法律，此法将为人口贩运、儿童贩运等罪行的受害者康复建立一个合适的政府机制。
在随后的对话中，委员会专家们对摩尔多瓦共和国通过的国家人权方案和一些新法律做出积极评价，当局并未支持废除《平等法》的举措也令专家们颇为满意。专家们担心的问题包括基于性取向和性别认同的歧视、对罗姆人民的不断排斥和边缘化以及对宗教、族裔、语言和文化少数群体的不容忍和骚扰行为。专家们强调了打击有罪不罚的关键作用，并问及对犯下新旧酷刑、虐待和滥用权力罪行的公职人员的起诉，同时促请摩尔多瓦共和国尽快大力处理对精神病院内病人犯下的令人震惊的人权侵犯行为。讨论中提到的其他问题包括集会自由权、贩运受害者重新融入社会、司法部门改革战略对公平审判权和司法行政的影响以及处理并限制监狱人口过度拥挤、改善不人道、有辱人格的拘留条件的措施。
Serbenco先生在总结发言中表示，这对摩尔多瓦共和国而言是一项十分有用的做法，国家也正是通过这样的做法得到了改善。
委员会副主席安雅·塞伯特佛尔（Anja Seibert-Fohr）在结束发言中强调了几个需要进一步关注的领域，包括精神病医院内病人的状况、摩尔多瓦国内的酷刑和虐待状况以及对男女同性恋、双性恋、跨性别者和双性者的保护。
摩尔多瓦共和国代表团包括司法部、外部关系与欧洲一体化部、总检察长办公室、卫生部、劳动、社会保障与家庭部以及摩尔多瓦共和国常驻联合国日内瓦办事处代表团的代表们。
委员会将于今天下午3点举行下一次公开会议，开始审议哥伦比亚的第七次定期报告 (CCPR/C/COL/7)。
Report
The third periodic report of the Republic of Moldova can be read here: CCPR/C/MDA/3.
Presentation of the Report
EDUARD SERBENCO, Deputy Minister of Justice of the Republic of Moldova, said that the Republic of Moldova, as a young country, put emphasis on the adoption and implementation of laws in accordance with international standards, and added that since 2013, the country had ratified a number of international treaties, including the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters. The implementation of the National Human Rights Action Plan 2011-2014 had been completed and the Republic of Moldova was in the process of drafting the new plan, which would include the Committee’s concluding observations and the recommendations that would be issued during the upcoming Universal Periodic Review. The Law on the People’s Advocate (Ombudsman), adopted in 2014, had consolidated the capacity of the former Centre for Human Rights, increased transparency and the involvement of civil society, and also provided for the Council acting as the national mechanism for the prevention of torture which would become fully functional with the election of members of the Council within the coming weeks. A new Law on the Governmental Agent to the European Court of Human Rights provided a revised mechanism for representation before the European Court and the enforcement of its decisions in the country, and also set up governmental supervision over national authorities involved in the enforcement of the Court’s decisions and judgements. The draft law regulating the legal capacity of persons with disabilities was currently being promoted.
The Republic of Moldova was currently constructing a new penitentiary with a total capacity of 1,600 places which would solve the problem of overcrowding. The new strategy on inclusive diversity 2016-2026 was being promoted while the new Action Plan to support the Roma people for 2016-2020 had been approved in June this year as a continuity of the Government’s commitment to enhance the social inclusion of Roma. The amendment to the Criminal Code which regulated hate crimes had been drafted and submitted to Parliament. A number of initiatives were in place to promote and ensure gender equality, and significant progress had been made in adapting the legal and institutional framework. The National Programme on Gender Equality 2010-2015 had been implemented, and the new strategy on gender equality 2017-2021 was currently undergoing consultations. Parliament had adopted in April 2016 the Law no. 71 which provided amendments to several legislative acts: political parties were obliged to ensure equal rights and opportunities to their members and respect the minimum rate of representation of 40 per cent for both sexes; media and publicity agencies were required to use non-sexist language and present images of women and men in terms of equal rights in public and private spheres of life; and 14 days paternity leave had been introduced with amendments to the Labour Code. The legislative framework for combatting human trafficking had been significantly improved since 2013, while the law on the rehabilitation of victims of crimes had been adopted, which would create a proper governmental mechanism for the rehabilitation of victims, including victims of trafficking in persons and trafficking in children.
Questions from the Committee Experts
A Committee Expert took positive note of the National Human Rights Programme which had ended in 2014 and seemed to be successful, but the Committee did not have information about its continuation and it seemed that its Secretariat had only limited capacity to follow-up the implementation or initiate post-implementation action. What were the innovations that the Law on the People’s Advocate introduced and how would it strengthen the National Human Rights Centre? The Committee was concerned that the National Human Rights Centre only had B status, that its staffing and funding were inadequate, and that it lacked financial independence. What was the possible impact of the Association Agreement with the European Union on human rights standards in the Republic of Moldova?
The delegation was asked to provide information on demonstrations, protests and assemblies that had taken place since the decision of the Supreme Court of Appeal prohibiting the conduct of assemblies had been squashed by the April 2010 decision of the Civil and Administrative College of the Supreme Court, and how law enforcement personnel had been implementing the Law on Assemblies since? The Expert asked how come there were so many contraventions of the laws regarding assemblies and about the nature of the cases that had led to the criminal prosecution of organizers of assemblies, wondering whether the very existence of extensive monitoring of assemblies was consistent with freedom of assembly or if it created in itself a chilling effect. More specifically, the delegation was asked about the basis for the prosecution of members of the civic platform “For Dignity and Truth” who had organized in April 2016 large public protests in central Chisinau with the attendance of over 10,000 people; to comment on the interruption of the Solidarity Pride March “No Fear” in May 2016 and explain the measures taken to ensure the marchers fully enjoyed their right to freedom of assembly; and to comment on the ban on public activities organized by lesbian, gay, bisexual, transgender and intersex persons in several municipalities in the Republic of Moldova. What were the current notification requirements prior to an assembly?
Another Expert referred to the post-election demonstrations in April 2009 and asked how many of the 273 recorded victims of human rights violations were civilians and how many were police officers. The impression was – at least based on the compensation decisions - that it was the police officers who were the principal victims. The Expert inquired about measures taken to ensure access by victims of torture to legal assistance services and medical and social rehabilitation services, and the issues that needed to be looked into before the law establishing the national mechanism for the prevention of torture could be finalized. What were the exact functions of the People’s Advocate, what resources did it have, and did it have sufficient staff to carry out all it functions?
Concerning the training of judges and prosecutors, it was noted that it was not clear how much of a human rights component was in the annual refresher training. What was the evaluation of the impact of training of police and penitentiary officers on human rights and the detection of torture, including on the Istanbul principles?
The Republic of Moldova had approved the framework regulation for the organization and operation of rehabilitation centres for victims of domestic violence in February 2010 and had approved minimum quality standards for social services provided in those centres. The Expert asked when the centres actually had started to operate, which monitoring system was in place for the compliance with joint guidelines and measures adopted to remedy the violations of quality standards in the centres, the number of beneficiaries of the centres in the past several years, and plans to extend the number of centres to all parts of the country, especially those with a high concentration of vulnerable groups such as rural women and girls. Were there any complaints filed by victims of violence about services in the centres, and what was the nature of the complaints and the actions taken in response by relevant authorities?
Turning to the implementation of the Strategy of the National Reference System with regard to the provision of protection and assistance to victims and potential victims of trafficking in persons, the Expert asked about the impact of the strategy, the percentage of victims assisted by the State compared to those assisted by non-governmental organizations, and the best type of support for different types of victims of trafficking. Was there free legal aid available to victims of trafficking, including in obtaining remedies and compensation, and what measures were in place to avoid double victimization of victims of trafficking, for example illegal migrants who were victims of trafficking and who could be accused of illegal immigration? In 2014, the Government had improved instructions on the inter-sectoral cooperation mechanism for identification referral and monitoring of children victims of trafficking – what had been the impact of the implementation of these instructions?
The Committee Expert recognized the political sensitivity of the situation of Transnistria and asked about the efforts to ensure the protection of human rights under the Covenant in light of the political process of negotiations. The Expert recognized that the law confirmed the principle of affirmative action and asked how often this facility had been used and by which groups most vulnerable to discrimination: women, Roma, lesbian, gay, bisexual and transgender persons, and national minorities. An orthodox priest had called for the abolition of the Equality Law and the Equality Council – was this a legal initiative or had it remained at the level of the speech?
Response by the Delegation
In response to the Experts’ remarks concerning the significant delay in submitting the report, a delegate said that the Republic of Moldova had a very intense political life and during the period 2013-2014 it had undergone some political pressures, including demonstrations. Nevertheless, the Government was committed to observing its reporting obligations and would do its utmost to avoid delays in the future. An assessment of the implementation of the National Human Rights Programme 2011-2014 had been undertaken at the beginning of 2016; this assessment, as well as all the activities not completed by the Programme, would be used as a basis for the new action plan. The Government also intentionally postponed its drafting as it planned on including in the plan the Committee’s concluding observations, as well as the recommendations from its upcoming Universal Periodic Review.
The Republic of Moldova currently had different councils which were dealing with different rights, but was committed to strengthening its institutional framework and the establishment of the national Human Rights Council, based on the best experiences from other countries and the recommendations made by different United Nations bodies and experts. The Republic of Moldova was convinced that such a mechanism must be in place and must be efficient in order to monitor the implementation of different recommendations made to the Republic of Moldova at the United Nations and the European Union levels. Equally, the Republic of Moldova was committed to ensuring the proper functioning of its national human rights institution, including through providing financial resources and the premises. At the moment, there were two People’s Advocates in the country, one who dealt with children’s rights and another who dealt with other human rights issues. The Republic of Moldova was committed to revising the organization and functioning of the Office of the People’s Advocate and ensuring its adequate funding.
It was clear that the Anti-Discrimination Council was needed in the country: the legislative framework was there and the Council was very active, including in hearing cases. It was important to say that any decision made by the Council could be over-ruled by a court. There was an initiative to empower the Anti-Discrimination Council to issue sanctions. The initiative by the orthodox priest to repeal the Equality Law was being discussed by this entity and no public institutions in the country shared this view. The Republic of Moldova was an associate country of the European Union and was committed to being its full member one day; the Republic of Moldova did have a dialogue on human rights with the European Union within which human rights protection issues were being discussed. The Agreement Agenda concluded with the European Union clearly demonstrated the progress made so far, and it also outlined the legislative agenda in different fields in order to harmonize the national laws with the laws of the Union.
The events of April 2009 had been dark pages in the history of the young State of the Republic of Moldova. Members of law enforcement forces who had committed crimes in connection with those events had been prosecuted, and of all the cases, there had been only one acquittal. There were no disaggregated statistics on the 253 victims who had received financial compensation, and the delegation could not say at the moment how many were law enforcement agents and how many were civilians. The law on victims of crimes was in place; it provided for compensation to victims which would enter into force in 2018 and it entitled victims of crimes to seek and receive free legal assistance.
The Government was committed to integrating Transnistria which indeed was a politically sensitive issue, and also to promote confidence-building measures to promote a peaceful settlement of the conflict. The Government had always tried to avoid separation or a territorial reserve to international human rights treaties, even though the situation on the ground did not allow the access of constitutional bodies to the area which hampered the effective protection of human rights by the national government. The European Court of Human Rights in its decision had stressed the ultimate responsibility of the national government, even in the absence of the effective access to the territory - to take all measures to ensure effective human rights protection in Transnistria. Therefore, one of the priorities of the National Human Rights Programme 2011-2014 was the protection of human rights in Transnistria - in the course of 2013-2015, the Government had provided assistance in 403 cases. It was important to be aware of several decisions by the European Court of Human Rights which had placed the obligations for the protection of human rights in Transnistria on Russia.
A delegate explained that pride parades took place every year and that the presence of the police ensured they could assemble peacefully.
Concerning the independence of prosecutors investigating torture, a delegate explained that the Department to combat torture had been set up as a special office under the Office of the Prosecutor, which aimed to ensure that investigations into torture cases complied with effectiveness and transparency standards. Prosecutors had the authority to investigate all cases of torture in accordance with the Criminal Procedure Code. In order to ensure their independence, they were not involved in other prosecuting activities which involved cooperation with the police, customs or penitentiary systems, as prescribed by the General Prosecutor’s Decree. Significant amendments had been made to the Criminal Code concerning the description of torture, which had added the elements of cruel and degrading treatment. The Code of Criminal Procedure had also been amended to provide for psychological support in accordance with the Istanbul Protocol, and for the use of forensic medicine to collect and preserve evidence.
The national reference system for the victims of trafficking in persons had been launched in 2006; in 2015, there had been 132 victims in the centres, where they could access assistance and support, including legal assistance.
Follow-up Questions by the Committee Experts
The delegation was asked to clarify the information concerning the prosecution, sentencing and acquittal of police officers prosecuted for human rights violations in connection with the April 2009 events, and also to explain the difference between torture and cruel and ill treatment in the law. The responsibilities of another State - also a party to the International Covenant - for the human rights protection in Transnistria had been mentioned and a Committee Expert stressed that those issues would be taken up in the dialogue with that State party, and that this dialogue was about the Republic of Moldova’s implementation of the provisions of the Covenant.
Response by the Delegation
The law on ensuring equality provided grounds for protection against discrimination and this was an open-ended list which did not specifically mention sexual orientation. The law expressly prohibited discrimination on the ground of sexual orientation in the work settings. Measures to provide for vulnerable groups had been provided in many policy documents, such as the National Youth Strategy, the National Programme on Gender Equality, social inclusion of persons with disabilities, and the action plan for the support of Roma 2011-2015. The law on the social inclusion of persons with disabilities expressly defined the obligation of employers of 20 or more employees to ensure that at least five per cent of their employees were persons with disabilities.
Turning to trafficking in children, the delegation said that there had been 24 trafficked children in 2014 and 39 in 2015; of those, seven cases had been sent to the court in 2014 and 24 the following year. As for the financial compensation provided to victims in connection with the events of April 2009, the Committee was informed that of the 273 cases, financial compensation in 141 cases had been provided to law enforcement agents and in 132 cases to civilians.
There was no institution in charge of continuing education of social sector professionals, and plans were in place to establish the National Service for Social Protection to be responsible for the training of all specialists in the social sector, including service providers.
Explaining the difference between torture and ill treatment in the Criminal Code of the Republic of Moldova, a delegate said that up to 2012, there had been two norms criminalizing improper treatment committed by State officials covering torture and excess of power in use of violence and application of degrading treatment. Those two norms were very similar which gave rise to debates and discussions; a Working Group had been formed which had developed an amendment to the Criminal Code, which had introduced a new article which stipulated criminal responsibility for torture, and inhuman and degrading treatment. The difference in those two crimes was in severity, with torture being the most severe. Elements taken into consideration in determining which crime included the age of the person alleging ill treatment, the person who applied the activity, the degree of harm caused to the person, and the methods of violence being used, with the level of suffering caused to the person being the key element. Torture was punishable by imprisonment of six to 12 years and a ban on holding official positions for a period of time, while torture with additional circumstances carried a sentence of eight to 15 years and a ban on holding office; there was no statute of limitation for crimes of torture. Thanks to the measures taken, the number of accusations for torture had fallen from more than 700 in 2013 to 663 in 2014 and 633 in 2015; the largest number of complaints was lodged by persons in investigation.
On freedom of assembly, the delegate said that the prior notification of an assembly was enough to organize this assembly, and that an official approval or authorisation was not required. In 2016, a total of 12,735 assemblies had taken place in the country compared to 14,818 in 2015; of those 2,749 assemblies had taken place in the capital city. In 2014, four persons had been sanctioned for the violation of the code on administrative offences and the violation of the legislation on the assemblies; six persons had been sanctioned in 2015 and three persons in 2016. Two criminal cases had been opened by the prosecutor in relation to the April 2016 events. The police had employed great effort in order to allow persons to freely march in the assembly organized by the lesbian, gay, bisexual and transgender community; the march had encountered an obstacle in the form of a construction site, while at the same time, another march had formed spontaneously in protest to the pride parade. There had so far been no complaints about police conduct in connection to this event.
Questions by the Committee Experts
In the next round of questions, Committee Experts addressed discrimination against vulnerable groups, and inquired about the proposed legal amendments to the Children’s Law which seemed to be controversial and in violation of international standards, as they opened the space for the discrimination of children and adolescents on the basis of sexual orientation. It was a welcome fact that the calls by the Orthodox Church to abolish the Equality Law were not shared by the authorities, but the concern was about the important role and influence of the Orthodox Church, including in education, which could lead to discrimination against religious minorities; what was being done to limit the influence of the Church on societal attitudes towards lesbian, gay, bisexual, transgender and intersex persons. Another group vulnerable to discrimination and exclusion were Roma – what was being done to improve their situation, including to increase the funding allocation for activities, and to increase the effectiveness of the work of community mediators? The Expert also raised issues of identity of religious, ethnic, cultural and linguistic minorities, including measures taken to address the incidents of religious intolerance against Jehovah’s Witnesses, the harassment of the community of people of African descent, and the situation of the Russian linguistic minority.
Concerning torture and inhumane and ill-treatment, Experts took good note of the new Council acting as the national mechanism on prevention of torture, that was established as a national preventive mechanism, and of the amendments to the Law No. 52 to take into account the recommendations made to the Republic of Moldova by the Sub-Committee against Torture and the Committee against Torture, and asked when the visit of the Sub-Committee against Torture had taken place and what was the content of the amendment to the Law No. 52. Experts stressed the importance of combatting impunity for acts of torture and asked the delegation to provide information on investigations and prosecutions of public officials post-2013 for either old or new crimes of torture, abuse of power and ill treatment. Although the European Court of Human Rights made distinction between torture on the one hand and degrading and inhumane treatment on the other hand based on the severity, it was important to ensure that States had the definition of torture in accordance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was also a definition used by this Committee.
The delegation was asked to explain why there was a specialised prosecution service which investigated crimes of torture, but no such service was in place for the investigation of inhumane and ill-treatment; to inform how often the 72-hour period of detention in criminal investigations was used in practice, at which point in this period was the individual allowed access to a lawyer, and whether the use of audio-visual recordings of interrogations was systematic rather than discretionary?
Concerning patients in psychiatric hospitals and the issue of their legal capacity, Experts inquired about the limits of the existing legislation and about the measures that were being proposed to fill the gaps and bring the law in compliance with the Convention on the Rights of Persons with Disabilities. Experts raised the issue of shocking human rights violations committed against the patients of psychiatric hospitals by the staff, including sexual and gender-based violence, forced contraception and forced abortion performed on patients. This substantial problem needed a vigorous amount of preventive and repressive action by the Republic of Moldova on an urgent basis. What measures were being taken to address this problem?
Another Expert was pleased to see the improvements in the normative framework concerning access to reproductive health services, including the provision of contraception being covered by the health insurance, but concern remained about the actual access to contraceptives, particularly in rural areas, and that abortion was in fact being used as a contraceptive method. He asked the delegation to clarify the normative framework in place governing abortion and whether it met the requirement of legal certainty, explain the access to the reproductive health services for adolescents without the consent of parents or guardians, and elaborate on measures taken to combat the pushback by religious groups against the legally compulsory sexual and reproductive health education in schools.
With regard to the juvenile justice system, the Expert inquired about the role of mediators in juvenile justice, how long children could be held in detention during trial and post-conviction while appeal was pending, and the qualifications of lawyers granting legal aid to minors in conflict with the law. There were reports of children being put in solitary confinement for a period of up to seven days on disciplinary grounds, an Expert said and also asked the delegation to reassure the Committee that there were no children being kept in adult detention facilities under any circumstances.
There had been a reform of the residential care system for children in the Republic of Moldova, with the overall purpose of developing social alternatives such as children centres, day centres for children at risk, etc. What was the status of the reform, how many children with disabilities were still institutionalized, and what were the prospects for the future, given the very high institutionalization rates in the country? How many children remained separated from their families, and what was the strategy of the Government regarding children victims of domestic violence for who separation from the family could be necessary?
Experts also raised a number of other issues in this segment of the interactive dialogue, including on the programmes aiming to ensure the social reintegration of victims of trafficking; the assessment of the impact of the Strategy for the Reform of the Justice 2011-2016 and its action plan on the right to fair trial and administration of justice; the observance of the pre-trial detention period and early access to a lawyer, the appointment of judges and their conditions of tenure, and the normative guarantees of the independence of judiciary in the country. It also requested information concerning measures to address and limit prison overcrowding, particularly through alternatives to detention and imprisonment, and improving the inhumane and degrading conditions of the detention.
Response by the Delegation
Responding to questions concerning conditions of detention, the delegation said that the Republic of Moldova was very aware of the problems in this area and the need to take measures to improve conditions in penitentiary institutions, but there were financial constraints. There was a slight increase in the prison population, even if the Law on Amnesty ensured the release of a significant number of individuals. The Republic of Moldova was also working on amendments to the Criminal Code which would allow for alternative methods in sentencing, and was constructing new prison facilities.
The Strategy for the Reform of the Justice Sector 2011-2016 was being completed and was considered a success as a number of measures adopted would pass into the next stage of implementation. The Constitution provided that a judge was appointed for a period of five years, but a proposal had been submitted for the abolition of this reform and the introduction of life tenure. Lawyers could access their clients within three hours after the beginning of detention. All interrogations took place in specialized rooms in police stations and were recorded.
The Orthodox Church was separated from the State, but it was present in the society. Religious classes in schools taught religion in general and not a specific religion, and were taught by regular teachers and not priests.
In the framework of the implementation of the national policy on gender equality, the Government had organized various public and communication platforms and forums with the participation of groups of vulnerable women, including Roma. The aim was to hear their voices in proposing solutions to their problems. The role of the community mediator was an innovation in the Republic of Moldova and several training sessions had been organized in order to raise their capacities to deal with trafficking, violence, referral social services, and other issues of interests. The Government had developed fruitful cooperation with non-governmental organizations working with Roma communities.
The reform of the residential care system for children had been launched in 2007 with the aim of eliminating the institutionalization of children under the age of three. During the 2009-2014 period, 23 residential institutions had been closed and the number of children had reduced from almost 9,000 to 2,600. The aim of the efforts was to prevent separation from family, as prescribed by the Child Protection Strategy 2014-2020.
Until September 2016, the so-called Ombudsmen for psychiatric facilities had conducted 250 visits to psychiatric facilities and hospitals, and 19 complaints had been lodged with police authorities. The Law on Reproductive Health, adopted in 2012, governed and guaranteed the right to reproductive health including access to contraceptives. According to the provisions of the law, teenagers had the right to sexual education adapted to their age, to raise awareness about HIV and sexually transmitted diseases, teenage pregnancy and responsible parenting. Children under the age of 16 had to have the consent of their parents to access sexual and reproductive health services. In 2015 and 2016, the Ministry of Health had adopted a number of decrees, as well as instructions for health insurance companies, concerning the provision of contraceptives, including for vulnerable populations who received them through the primary health care system.
Questions by the Committee Experts
In the final round of questions and comments, Experts asked about the registration of non-governmental organizations, noting that there were complaints about difficulties in the process which might be politically motivated; ethnic or racial profiling of Muslims in the country and the difficult access to identity documents for Roma; recent legislative initiatives to raise the number of women in Parliament, including the law on a 40 per cent quota and the law on political parties introducing financial incentives to political parties with more than 40 per cent of women on their candidate lists.
摩尔多瓦共和国司法部副部长Eduard Serbenco呈递了报告，表示2011年至2014年国家人权方案已经完成落实，目前政府正在起草一项新计划，将在其中纳入委员会的结论性意见和接下来摩尔多瓦共和国普遍定期审议中提出的建议。规范仇恨罪的《刑法》修订案已提交至议会审议，目前正在推行一项规范残疾人法律能力的法律草案。国家已落实了包括2010年至2015年性别平等国家方案在内的诸多举措，旨在促进并确保性别平等。摩尔多瓦共和国为打击人口贩运问题显著改善了立法框架，并于近期通过了一项关于犯罪受害者康复问题的法律，此法将为人口贩运、儿童贩运等罪行的受害者康复建立一个合适的政府机制。
在随后的对话中，委员会专家们对摩尔多瓦共和国通过的国家人权方案和一些新法律做出积极评价，当局并未支持废除《平等法》的举措也令专家们颇为满意。专家们担心的问题包括基于性取向和性别认同的歧视、对罗姆人民的不断排斥和边缘化以及对宗教、族裔、语言和文化少数群体的不容忍和骚扰行为。专家们强调了打击有罪不罚的关键作用，并问及对犯下新旧酷刑、虐待和滥用权力罪行的公职人员的起诉，同时促请摩尔多瓦共和国尽快大力处理对精神病院内病人犯下的令人震惊的人权侵犯行为。讨论中提到的其他问题包括集会自由权、贩运受害者重新融入社会、司法部门改革战略对公平审判权和司法行政的影响以及处理并限制监狱人口过度拥挤、改善不人道、有辱人格的拘留条件的措施。
Serbenco先生在总结发言中表示，这对摩尔多瓦共和国而言是一项十分有用的做法，国家也正是通过这样的做法得到了改善。
委员会副主席安雅·塞伯特佛尔（Anja Seibert-Fohr）在结束发言中强调了几个需要进一步关注的领域，包括精神病医院内病人的状况、摩尔多瓦国内的酷刑和虐待状况以及对男女同性恋、双性恋、跨性别者和双性者的保护。
摩尔多瓦共和国代表团包括司法部、外部关系与欧洲一体化部、总检察长办公室、卫生部、劳动、社会保障与家庭部以及摩尔多瓦共和国常驻联合国日内瓦办事处代表团的代表们。
委员会将于今天下午3点举行下一次公开会议，开始审议哥伦比亚的第七次定期报告 (CCPR/C/COL/7)。
Report
The third periodic report of the Republic of Moldova can be read here: CCPR/C/MDA/3.
Presentation of the Report
EDUARD SERBENCO, Deputy Minister of Justice of the Republic of Moldova, said that the Republic of Moldova, as a young country, put emphasis on the adoption and implementation of laws in accordance with international standards, and added that since 2013, the country had ratified a number of international treaties, including the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters. The implementation of the National Human Rights Action Plan 2011-2014 had been completed and the Republic of Moldova was in the process of drafting the new plan, which would include the Committee’s concluding observations and the recommendations that would be issued during the upcoming Universal Periodic Review. The Law on the People’s Advocate (Ombudsman), adopted in 2014, had consolidated the capacity of the former Centre for Human Rights, increased transparency and the involvement of civil society, and also provided for the Council acting as the national mechanism for the prevention of torture which would become fully functional with the election of members of the Council within the coming weeks. A new Law on the Governmental Agent to the European Court of Human Rights provided a revised mechanism for representation before the European Court and the enforcement of its decisions in the country, and also set up governmental supervision over national authorities involved in the enforcement of the Court’s decisions and judgements. The draft law regulating the legal capacity of persons with disabilities was currently being promoted.
The Republic of Moldova was currently constructing a new penitentiary with a total capacity of 1,600 places which would solve the problem of overcrowding. The new strategy on inclusive diversity 2016-2026 was being promoted while the new Action Plan to support the Roma people for 2016-2020 had been approved in June this year as a continuity of the Government’s commitment to enhance the social inclusion of Roma. The amendment to the Criminal Code which regulated hate crimes had been drafted and submitted to Parliament. A number of initiatives were in place to promote and ensure gender equality, and significant progress had been made in adapting the legal and institutional framework. The National Programme on Gender Equality 2010-2015 had been implemented, and the new strategy on gender equality 2017-2021 was currently undergoing consultations. Parliament had adopted in April 2016 the Law no. 71 which provided amendments to several legislative acts: political parties were obliged to ensure equal rights and opportunities to their members and respect the minimum rate of representation of 40 per cent for both sexes; media and publicity agencies were required to use non-sexist language and present images of women and men in terms of equal rights in public and private spheres of life; and 14 days paternity leave had been introduced with amendments to the Labour Code. The legislative framework for combatting human trafficking had been significantly improved since 2013, while the law on the rehabilitation of victims of crimes had been adopted, which would create a proper governmental mechanism for the rehabilitation of victims, including victims of trafficking in persons and trafficking in children.
Questions from the Committee Experts
A Committee Expert took positive note of the National Human Rights Programme which had ended in 2014 and seemed to be successful, but the Committee did not have information about its continuation and it seemed that its Secretariat had only limited capacity to follow-up the implementation or initiate post-implementation action. What were the innovations that the Law on the People’s Advocate introduced and how would it strengthen the National Human Rights Centre? The Committee was concerned that the National Human Rights Centre only had B status, that its staffing and funding were inadequate, and that it lacked financial independence. What was the possible impact of the Association Agreement with the European Union on human rights standards in the Republic of Moldova?
The delegation was asked to provide information on demonstrations, protests and assemblies that had taken place since the decision of the Supreme Court of Appeal prohibiting the conduct of assemblies had been squashed by the April 2010 decision of the Civil and Administrative College of the Supreme Court, and how law enforcement personnel had been implementing the Law on Assemblies since? The Expert asked how come there were so many contraventions of the laws regarding assemblies and about the nature of the cases that had led to the criminal prosecution of organizers of assemblies, wondering whether the very existence of extensive monitoring of assemblies was consistent with freedom of assembly or if it created in itself a chilling effect. More specifically, the delegation was asked about the basis for the prosecution of members of the civic platform “For Dignity and Truth” who had organized in April 2016 large public protests in central Chisinau with the attendance of over 10,000 people; to comment on the interruption of the Solidarity Pride March “No Fear” in May 2016 and explain the measures taken to ensure the marchers fully enjoyed their right to freedom of assembly; and to comment on the ban on public activities organized by lesbian, gay, bisexual, transgender and intersex persons in several municipalities in the Republic of Moldova. What were the current notification requirements prior to an assembly?
Another Expert referred to the post-election demonstrations in April 2009 and asked how many of the 273 recorded victims of human rights violations were civilians and how many were police officers. The impression was – at least based on the compensation decisions - that it was the police officers who were the principal victims. The Expert inquired about measures taken to ensure access by victims of torture to legal assistance services and medical and social rehabilitation services, and the issues that needed to be looked into before the law establishing the national mechanism for the prevention of torture could be finalized. What were the exact functions of the People’s Advocate, what resources did it have, and did it have sufficient staff to carry out all it functions?
Concerning the training of judges and prosecutors, it was noted that it was not clear how much of a human rights component was in the annual refresher training. What was the evaluation of the impact of training of police and penitentiary officers on human rights and the detection of torture, including on the Istanbul principles?
The Republic of Moldova had approved the framework regulation for the organization and operation of rehabilitation centres for victims of domestic violence in February 2010 and had approved minimum quality standards for social services provided in those centres. The Expert asked when the centres actually had started to operate, which monitoring system was in place for the compliance with joint guidelines and measures adopted to remedy the violations of quality standards in the centres, the number of beneficiaries of the centres in the past several years, and plans to extend the number of centres to all parts of the country, especially those with a high concentration of vulnerable groups such as rural women and girls. Were there any complaints filed by victims of violence about services in the centres, and what was the nature of the complaints and the actions taken in response by relevant authorities?
Turning to the implementation of the Strategy of the National Reference System with regard to the provision of protection and assistance to victims and potential victims of trafficking in persons, the Expert asked about the impact of the strategy, the percentage of victims assisted by the State compared to those assisted by non-governmental organizations, and the best type of support for different types of victims of trafficking. Was there free legal aid available to victims of trafficking, including in obtaining remedies and compensation, and what measures were in place to avoid double victimization of victims of trafficking, for example illegal migrants who were victims of trafficking and who could be accused of illegal immigration? In 2014, the Government had improved instructions on the inter-sectoral cooperation mechanism for identification referral and monitoring of children victims of trafficking – what had been the impact of the implementation of these instructions?
The Committee Expert recognized the political sensitivity of the situation of Transnistria and asked about the efforts to ensure the protection of human rights under the Covenant in light of the political process of negotiations. The Expert recognized that the law confirmed the principle of affirmative action and asked how often this facility had been used and by which groups most vulnerable to discrimination: women, Roma, lesbian, gay, bisexual and transgender persons, and national minorities. An orthodox priest had called for the abolition of the Equality Law and the Equality Council – was this a legal initiative or had it remained at the level of the speech?
Response by the Delegation
In response to the Experts’ remarks concerning the significant delay in submitting the report, a delegate said that the Republic of Moldova had a very intense political life and during the period 2013-2014 it had undergone some political pressures, including demonstrations. Nevertheless, the Government was committed to observing its reporting obligations and would do its utmost to avoid delays in the future. An assessment of the implementation of the National Human Rights Programme 2011-2014 had been undertaken at the beginning of 2016; this assessment, as well as all the activities not completed by the Programme, would be used as a basis for the new action plan. The Government also intentionally postponed its drafting as it planned on including in the plan the Committee’s concluding observations, as well as the recommendations from its upcoming Universal Periodic Review.
The Republic of Moldova currently had different councils which were dealing with different rights, but was committed to strengthening its institutional framework and the establishment of the national Human Rights Council, based on the best experiences from other countries and the recommendations made by different United Nations bodies and experts. The Republic of Moldova was convinced that such a mechanism must be in place and must be efficient in order to monitor the implementation of different recommendations made to the Republic of Moldova at the United Nations and the European Union levels. Equally, the Republic of Moldova was committed to ensuring the proper functioning of its national human rights institution, including through providing financial resources and the premises. At the moment, there were two People’s Advocates in the country, one who dealt with children’s rights and another who dealt with other human rights issues. The Republic of Moldova was committed to revising the organization and functioning of the Office of the People’s Advocate and ensuring its adequate funding.
It was clear that the Anti-Discrimination Council was needed in the country: the legislative framework was there and the Council was very active, including in hearing cases. It was important to say that any decision made by the Council could be over-ruled by a court. There was an initiative to empower the Anti-Discrimination Council to issue sanctions. The initiative by the orthodox priest to repeal the Equality Law was being discussed by this entity and no public institutions in the country shared this view. The Republic of Moldova was an associate country of the European Union and was committed to being its full member one day; the Republic of Moldova did have a dialogue on human rights with the European Union within which human rights protection issues were being discussed. The Agreement Agenda concluded with the European Union clearly demonstrated the progress made so far, and it also outlined the legislative agenda in different fields in order to harmonize the national laws with the laws of the Union.
The events of April 2009 had been dark pages in the history of the young State of the Republic of Moldova. Members of law enforcement forces who had committed crimes in connection with those events had been prosecuted, and of all the cases, there had been only one acquittal. There were no disaggregated statistics on the 253 victims who had received financial compensation, and the delegation could not say at the moment how many were law enforcement agents and how many were civilians. The law on victims of crimes was in place; it provided for compensation to victims which would enter into force in 2018 and it entitled victims of crimes to seek and receive free legal assistance.
The Government was committed to integrating Transnistria which indeed was a politically sensitive issue, and also to promote confidence-building measures to promote a peaceful settlement of the conflict. The Government had always tried to avoid separation or a territorial reserve to international human rights treaties, even though the situation on the ground did not allow the access of constitutional bodies to the area which hampered the effective protection of human rights by the national government. The European Court of Human Rights in its decision had stressed the ultimate responsibility of the national government, even in the absence of the effective access to the territory - to take all measures to ensure effective human rights protection in Transnistria. Therefore, one of the priorities of the National Human Rights Programme 2011-2014 was the protection of human rights in Transnistria - in the course of 2013-2015, the Government had provided assistance in 403 cases. It was important to be aware of several decisions by the European Court of Human Rights which had placed the obligations for the protection of human rights in Transnistria on Russia.
A delegate explained that pride parades took place every year and that the presence of the police ensured they could assemble peacefully.
Concerning the independence of prosecutors investigating torture, a delegate explained that the Department to combat torture had been set up as a special office under the Office of the Prosecutor, which aimed to ensure that investigations into torture cases complied with effectiveness and transparency standards. Prosecutors had the authority to investigate all cases of torture in accordance with the Criminal Procedure Code. In order to ensure their independence, they were not involved in other prosecuting activities which involved cooperation with the police, customs or penitentiary systems, as prescribed by the General Prosecutor’s Decree. Significant amendments had been made to the Criminal Code concerning the description of torture, which had added the elements of cruel and degrading treatment. The Code of Criminal Procedure had also been amended to provide for psychological support in accordance with the Istanbul Protocol, and for the use of forensic medicine to collect and preserve evidence.
The national reference system for the victims of trafficking in persons had been launched in 2006; in 2015, there had been 132 victims in the centres, where they could access assistance and support, including legal assistance.
Follow-up Questions by the Committee Experts
The delegation was asked to clarify the information concerning the prosecution, sentencing and acquittal of police officers prosecuted for human rights violations in connection with the April 2009 events, and also to explain the difference between torture and cruel and ill treatment in the law. The responsibilities of another State - also a party to the International Covenant - for the human rights protection in Transnistria had been mentioned and a Committee Expert stressed that those issues would be taken up in the dialogue with that State party, and that this dialogue was about the Republic of Moldova’s implementation of the provisions of the Covenant.
Response by the Delegation
The law on ensuring equality provided grounds for protection against discrimination and this was an open-ended list which did not specifically mention sexual orientation. The law expressly prohibited discrimination on the ground of sexual orientation in the work settings. Measures to provide for vulnerable groups had been provided in many policy documents, such as the National Youth Strategy, the National Programme on Gender Equality, social inclusion of persons with disabilities, and the action plan for the support of Roma 2011-2015. The law on the social inclusion of persons with disabilities expressly defined the obligation of employers of 20 or more employees to ensure that at least five per cent of their employees were persons with disabilities.
Turning to trafficking in children, the delegation said that there had been 24 trafficked children in 2014 and 39 in 2015; of those, seven cases had been sent to the court in 2014 and 24 the following year. As for the financial compensation provided to victims in connection with the events of April 2009, the Committee was informed that of the 273 cases, financial compensation in 141 cases had been provided to law enforcement agents and in 132 cases to civilians.
There was no institution in charge of continuing education of social sector professionals, and plans were in place to establish the National Service for Social Protection to be responsible for the training of all specialists in the social sector, including service providers.
Explaining the difference between torture and ill treatment in the Criminal Code of the Republic of Moldova, a delegate said that up to 2012, there had been two norms criminalizing improper treatment committed by State officials covering torture and excess of power in use of violence and application of degrading treatment. Those two norms were very similar which gave rise to debates and discussions; a Working Group had been formed which had developed an amendment to the Criminal Code, which had introduced a new article which stipulated criminal responsibility for torture, and inhuman and degrading treatment. The difference in those two crimes was in severity, with torture being the most severe. Elements taken into consideration in determining which crime included the age of the person alleging ill treatment, the person who applied the activity, the degree of harm caused to the person, and the methods of violence being used, with the level of suffering caused to the person being the key element. Torture was punishable by imprisonment of six to 12 years and a ban on holding official positions for a period of time, while torture with additional circumstances carried a sentence of eight to 15 years and a ban on holding office; there was no statute of limitation for crimes of torture. Thanks to the measures taken, the number of accusations for torture had fallen from more than 700 in 2013 to 663 in 2014 and 633 in 2015; the largest number of complaints was lodged by persons in investigation.
On freedom of assembly, the delegate said that the prior notification of an assembly was enough to organize this assembly, and that an official approval or authorisation was not required. In 2016, a total of 12,735 assemblies had taken place in the country compared to 14,818 in 2015; of those 2,749 assemblies had taken place in the capital city. In 2014, four persons had been sanctioned for the violation of the code on administrative offences and the violation of the legislation on the assemblies; six persons had been sanctioned in 2015 and three persons in 2016. Two criminal cases had been opened by the prosecutor in relation to the April 2016 events. The police had employed great effort in order to allow persons to freely march in the assembly organized by the lesbian, gay, bisexual and transgender community; the march had encountered an obstacle in the form of a construction site, while at the same time, another march had formed spontaneously in protest to the pride parade. There had so far been no complaints about police conduct in connection to this event.
Questions by the Committee Experts
In the next round of questions, Committee Experts addressed discrimination against vulnerable groups, and inquired about the proposed legal amendments to the Children’s Law which seemed to be controversial and in violation of international standards, as they opened the space for the discrimination of children and adolescents on the basis of sexual orientation. It was a welcome fact that the calls by the Orthodox Church to abolish the Equality Law were not shared by the authorities, but the concern was about the important role and influence of the Orthodox Church, including in education, which could lead to discrimination against religious minorities; what was being done to limit the influence of the Church on societal attitudes towards lesbian, gay, bisexual, transgender and intersex persons. Another group vulnerable to discrimination and exclusion were Roma – what was being done to improve their situation, including to increase the funding allocation for activities, and to increase the effectiveness of the work of community mediators? The Expert also raised issues of identity of religious, ethnic, cultural and linguistic minorities, including measures taken to address the incidents of religious intolerance against Jehovah’s Witnesses, the harassment of the community of people of African descent, and the situation of the Russian linguistic minority.
Concerning torture and inhumane and ill-treatment, Experts took good note of the new Council acting as the national mechanism on prevention of torture, that was established as a national preventive mechanism, and of the amendments to the Law No. 52 to take into account the recommendations made to the Republic of Moldova by the Sub-Committee against Torture and the Committee against Torture, and asked when the visit of the Sub-Committee against Torture had taken place and what was the content of the amendment to the Law No. 52. Experts stressed the importance of combatting impunity for acts of torture and asked the delegation to provide information on investigations and prosecutions of public officials post-2013 for either old or new crimes of torture, abuse of power and ill treatment. Although the European Court of Human Rights made distinction between torture on the one hand and degrading and inhumane treatment on the other hand based on the severity, it was important to ensure that States had the definition of torture in accordance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was also a definition used by this Committee.
The delegation was asked to explain why there was a specialised prosecution service which investigated crimes of torture, but no such service was in place for the investigation of inhumane and ill-treatment; to inform how often the 72-hour period of detention in criminal investigations was used in practice, at which point in this period was the individual allowed access to a lawyer, and whether the use of audio-visual recordings of interrogations was systematic rather than discretionary?
Concerning patients in psychiatric hospitals and the issue of their legal capacity, Experts inquired about the limits of the existing legislation and about the measures that were being proposed to fill the gaps and bring the law in compliance with the Convention on the Rights of Persons with Disabilities. Experts raised the issue of shocking human rights violations committed against the patients of psychiatric hospitals by the staff, including sexual and gender-based violence, forced contraception and forced abortion performed on patients. This substantial problem needed a vigorous amount of preventive and repressive action by the Republic of Moldova on an urgent basis. What measures were being taken to address this problem?
Another Expert was pleased to see the improvements in the normative framework concerning access to reproductive health services, including the provision of contraception being covered by the health insurance, but concern remained about the actual access to contraceptives, particularly in rural areas, and that abortion was in fact being used as a contraceptive method. He asked the delegation to clarify the normative framework in place governing abortion and whether it met the requirement of legal certainty, explain the access to the reproductive health services for adolescents without the consent of parents or guardians, and elaborate on measures taken to combat the pushback by religious groups against the legally compulsory sexual and reproductive health education in schools.
With regard to the juvenile justice system, the Expert inquired about the role of mediators in juvenile justice, how long children could be held in detention during trial and post-conviction while appeal was pending, and the qualifications of lawyers granting legal aid to minors in conflict with the law. There were reports of children being put in solitary confinement for a period of up to seven days on disciplinary grounds, an Expert said and also asked the delegation to reassure the Committee that there were no children being kept in adult detention facilities under any circumstances.
There had been a reform of the residential care system for children in the Republic of Moldova, with the overall purpose of developing social alternatives such as children centres, day centres for children at risk, etc. What was the status of the reform, how many children with disabilities were still institutionalized, and what were the prospects for the future, given the very high institutionalization rates in the country? How many children remained separated from their families, and what was the strategy of the Government regarding children victims of domestic violence for who separation from the family could be necessary?
Experts also raised a number of other issues in this segment of the interactive dialogue, including on the programmes aiming to ensure the social reintegration of victims of trafficking; the assessment of the impact of the Strategy for the Reform of the Justice 2011-2016 and its action plan on the right to fair trial and administration of justice; the observance of the pre-trial detention period and early access to a lawyer, the appointment of judges and their conditions of tenure, and the normative guarantees of the independence of judiciary in the country. It also requested information concerning measures to address and limit prison overcrowding, particularly through alternatives to detention and imprisonment, and improving the inhumane and degrading conditions of the detention.
Response by the Delegation
Responding to questions concerning conditions of detention, the delegation said that the Republic of Moldova was very aware of the problems in this area and the need to take measures to improve conditions in penitentiary institutions, but there were financial constraints. There was a slight increase in the prison population, even if the Law on Amnesty ensured the release of a significant number of individuals. The Republic of Moldova was also working on amendments to the Criminal Code which would allow for alternative methods in sentencing, and was constructing new prison facilities.
The Strategy for the Reform of the Justice Sector 2011-2016 was being completed and was considered a success as a number of measures adopted would pass into the next stage of implementation. The Constitution provided that a judge was appointed for a period of five years, but a proposal had been submitted for the abolition of this reform and the introduction of life tenure. Lawyers could access their clients within three hours after the beginning of detention. All interrogations took place in specialized rooms in police stations and were recorded.
The Orthodox Church was separated from the State, but it was present in the society. Religious classes in schools taught religion in general and not a specific religion, and were taught by regular teachers and not priests.
In the framework of the implementation of the national policy on gender equality, the Government had organized various public and communication platforms and forums with the participation of groups of vulnerable women, including Roma. The aim was to hear their voices in proposing solutions to their problems. The role of the community mediator was an innovation in the Republic of Moldova and several training sessions had been organized in order to raise their capacities to deal with trafficking, violence, referral social services, and other issues of interests. The Government had developed fruitful cooperation with non-governmental organizations working with Roma communities.
The reform of the residential care system for children had been launched in 2007 with the aim of eliminating the institutionalization of children under the age of three. During the 2009-2014 period, 23 residential institutions had been closed and the number of children had reduced from almost 9,000 to 2,600. The aim of the efforts was to prevent separation from family, as prescribed by the Child Protection Strategy 2014-2020.
Until September 2016, the so-called Ombudsmen for psychiatric facilities had conducted 250 visits to psychiatric facilities and hospitals, and 19 complaints had been lodged with police authorities. The Law on Reproductive Health, adopted in 2012, governed and guaranteed the right to reproductive health including access to contraceptives. According to the provisions of the law, teenagers had the right to sexual education adapted to their age, to raise awareness about HIV and sexually transmitted diseases, teenage pregnancy and responsible parenting. Children under the age of 16 had to have the consent of their parents to access sexual and reproductive health services. In 2015 and 2016, the Ministry of Health had adopted a number of decrees, as well as instructions for health insurance companies, concerning the provision of contraceptives, including for vulnerable populations who received them through the primary health care system.
Questions by the Committee Experts
In the final round of questions and comments, Experts asked about the registration of non-governmental organizations, noting that there were complaints about difficulties in the process which might be politically motivated; ethnic or racial profiling of Muslims in the country and the difficult access to identity documents for Roma; recent legislative initiatives to raise the number of women in Parliament, including the law on a 40 per cent quota and the law on political parties introducing financial incentives to political parties with more than 40 per cent of women on their candidate lists.
Concluding Remarks
EDUARD SERBENCO, Deputy Minister of Justice of the Republic of Moldova, said that this was a very useful exercise for the Republic of Moldova, and that it was through such exercises that countries improved.
ANJA SEIBERT-FOHR, Committee Vice-Chairperson, said that areas for further attention included the situation of patients in psychiatric hospitals and the need to urgently set up a monitoring system in institutions, while continued torture and ill-treatment needed the highest attention of the Government. The Vice-Chairperson acknowledged the continued efforts to address the situation in Transinstria and the recognition of the shared responsibility, and urged the authorities to address the protection of lesbian, gay, bisexual, transgender and intersex persons and non-discrimination. On the freedom of assembly, it was noted that the system of notification might hinder spontaneous demonstration
____________
For use of the information media; not an official record