Government and law enforcement bodies must take efficient measures to prevent convictions at ECHR

Following hearings in the Parliament last week, the legislative body on March 28 adopted a decision on the judgments passed by the European Court of Human Rights (ECHR), their implementation and the prevention of violations of the fundamental human rights and freedoms. The decision obliges the Government, the public authorities and the law enforcement agencies to take efficient measures to make sure that the human rights in Moldova are observed and to reduce the risk of new cases being lost at the ECHR, Info-Prim Neo reports. The Parliament ascertained that the Government has not taken all the necessary measures to create adequate conditions of detention and appropriate functioning for the penitentiary system, the law enforcement bodies. The irrevocable and definitive court decisions were inadequately implemented by the state authorities of all levels. The activity of the law enforcement bodies, prosecutors’ offices and courts as regards the observance and compliance with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms is insufficient. The authorities whose activity has led to the violation of the human rights and fundamental liberties are not punished. The state’s right to recourse against the persons to blame is not appropriately guaranteed. Given such circumstances, the Government is to strengthen the material-technical basis of the penitentiary system and to create detention conditions in accordance with the minimum national and international detention requirements and standards, to remove the factors that lead to the violation of the rights and freedoms of the detainees. Also, the Government will make sure that the prison personnel is better selected and trained so as to prevent the inhuman and degrading treatment. The executive will hasten the transfer of the temporary detention isolators from the Interior Ministry to the Ministry of Justice in compliance with the legislation and will ensure the implementation of the definitive court decisions. The Prosecutor General’s Office will take measures to efficiently implement the mechanism of recourse and to hold accountable the civil servants and judges for any serious deviation that led to cases lost at the ECHR. The Superior Council of Magistrates will step up the examination of complaints about the conduct and discipline of judges and will hold accountable the judges that allowed unfounded judgments to be passed. The Supreme Court of Justice will systematize the judiciary practice with the aim of implementing it uniformly and in compliance with the ECHR legislation and will adopt decisions to explain the judgments related to improper examination of cases by the national courts, passed by the Court in Strasbourg against Moldova. Every year until December 31, the Government, the Prosecutor General’s Office, the Superior Council of Magistrates and the Supreme Court of Justice will inform the Parliament about the measures they took. The Opposition MPs proposed instituting a fulfillment term for every measure, but their proposal was rejected by the Communist majority. From September 12, 1997, the date when the Convention for the Protection of Human Rights and Fundamental Freedoms took effect in Moldova, until present, the ECHR pronounced 111 decisions against Moldova. At least one right guaranteed by the Convention was found to be violated in all the judgments pronounced. In 67 cases, the applications of the plaintiffs were not accepted. All the passed and valid decisions have been implemented. The damages paid totaled 1.49 million euros, 1,000 USD and 489,370 lei. Moldova will pay about 3 million euros more if the decisions passed by the ECHR become final. The most recurrent violations noted by ECHR were related to the right to a fair trial, to freedom and security, prohibition of torture and inhumane or degrading treatment, right to freedom of expression, to property, respect for private and family life, freedom of thought, conscience and religion, freedom of assembly and association, and others.

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