The People’s Advocates and the members of the Council for the Prevention of Torture welcome and support the approach of the civil society¹ regarding the extension of the measures for the prevention of the COVID-19 virus in detention facilities after the termination of the state of emergency.

 People’s Advocates warn that if the epidemic spreads in prisons, it will be very difficult to manage the situation. Medical departments in detention facilities are not able to provide hospital and intensive care, and the prison hospital does not possess the capacity to provide the necessary medical care to all infected detainees, in case of COVID-19 spread. At the same time, the already overburdened public medical institutions will face a new challenge – the need to create the conditions for ensuring the permanent guarding of hospitalized detainees.

Therefore, the extension of measures to prevent COVID-19 infection in the detention facilities is absolutely necessary, given that the virus is still a real danger. Additional (additional minutes, online conferences, etc.) and alternative (teleconferencing) compensatory measures are to replace inoperative escorts and transfers (except 112); the conduct of criminal prosecution and trial cases is risky, except for those carried out through the videoconferencing system or online; carrying out other activities, at least for the next two months. At the same time, in order to prevent, including overcrowding, detention institutions and courts must examine cases relating to the application of detention measures provided for by criminal law². Employee protection must also be a priority.

We reiterate that the effects of the above-mentioned suspensions and limitations must in no way affect the rights and legitimate interests provided for detainees. And safeguards against torture and other ill-treatment must be unconditionally respected.

[1]https://promolex.md/17734-apel-cu-privire-la-implementarea-masurilor-urgente-si-suplimentare-pentru-sistemul-penitenciar/?lang=ro  

 2https://old2.ombudsman.md/news/avocatii-poporului-recomanda-autoritatilor-intreprinderea-masurilor-de-urgenta-pentru-eliberarea-din-detentie-a-anumitor-categorii-de-detinuti-inclusiv-minori-prin-aplicarea-celor-mai-potrivite-solu-2/

May 15, 2020

Department for the Promotion of

Human Rights and Communication

Tel: 060002656

Department for the Prevention of Torture

Tel: 060002641