A study centering on the observance of the rights of minors in detention shows that most of these benefited from a lawyer, but the contact usually consisted of formal discussions or the minors got acquainted with the lawyers in the courtroom only.
National human rights expert Anatolie Munteanu, who drafted the report at the request of the Ombudsman, said the right to defense is not realized this way. Even if most of the minors in the legal system know they have the right to familiarize themselves with their case, to file applications or complaints, they cannot cope without the assistance of a trustworthy person and without appropriate legal assistance, IPN reports.
Of the 44 minors surveyed, 15 accept blame for entering the legal system. Another 13 minors consider their parents are to blame, while 11 blame their friends or society. The others invoked other factors.
Most of the questioned minors said they had access to medical assistance and were informed about their state of health. The penitentiaries lack personnel and the detention conditions are appalling. Therefore, the support and supervision of minors in detention remains inappropriate. This means the minors do not benefit from educational and professional formation activities that would help them acquire skills for life and reintegrate into the community when they are set free.
Anatolie Munteanu also said that the minors are held together with grownups and this is completely inappropriate. The suggestion is for these to be moved to special units adjusted for minors. To ensure a fair trial, the accused children should be allowed to efficiently take part in the process, to state their opinions and to influence the decision taken by their representative, either parent or lawyer. Solutions should be found to train children’s lawyers. Regulations should be worked out for diversifying the possibilities of ensuring contact with the family, using contemporary technical performance.
Ombudswoman for children’s rights Maia Bănărescu said the report will be remitted to the competent authorities. This is important for monitoring the implementation of the UN Convention on the Rights of the Child all over Moldova. The given children form part of the category of children in situations of risk and both the Convention and the national legislation pay special attention to children in state custody.
A number of 57 children are now held in jails, at Penitentiary No. 13 and at Penitentiary No. 10.
