This is mentioned in the return message to the recommendation of the People’s Advocate of April 8 of this year regarding the release of certain categories of detainees in order to reduce the prison population and prevent the spread of COVID-19 infection in places of deprivation of liberty[1].

 It is stated in the response of the Ministry of Justice that during the epidemic “the necessary measures were taken to minimize contact with the outside world in order to prevent the spread of infection in prisons, but also to ensure the exercise of rights by detainees.”

The message mentions that, by order of the Minister of Justice no. 50 of March 12, 2020, within the penitentiary administration system, a special regime was established (subsequently extended until June 16, 2020) and the testing process for COVID-19 infection of detainees who meet the criteria for defining the suspected case was initiated, for the prompt isolation of confirmed cases, the provision of appropriate medical care and the immediate conduct of epidemiological investigations.

Also, during the public health state of emergency, declared by the Decision No. 10 of May 15, 2020 of the National Extraordinary Public Health Commission, the examination of criminal cases, including the approaches regarding the issuance and extension of arrest warrants and issues related to the execution of sentences for persons deprived of liberty are carried out only through the teleconferencing system or in the appropriate premises at penitentiary institutions, without the need for the consent of the person deprived of liberty, and the criminal prosecution actions regarding the persons deprived of liberty are carried out at the headquarters of the penitentiary institution.

Earlier, the People’s Advocate recommended to the Ministry of Justice to use all available means of alternative detention to reduce overcrowding in the country’s penitentiaries in the context of epidemic. The Ombudsman proposed that special attention be paid to prisoners in poor health, elderly people who do not pose a threat to society and people accused of committing less serious crimes. In the opinion of the People’s Advocate, the reduction of the penitentiary population is indispensable in order to ensure the efficient implementation of the sanitary regulations in the conditions of some reduced possibilities and capacities in the penitentiary hospital.

2020 06 19

Department for Promotion of

Human Rights and Communication

Tel.: 060002656

Prevention of torture Department

Tel.: 060002641

[1] https://old2.ombudsman.md/wp-content/uploads/2020/06/L-a-numarul-12-6-3212-4-20-din-19.06.2020-MJ.pdf

Răspunsul Ministerului Justiției  la nr. 12-6-32,12-4-20 din 19.06.2020