​EU COMMISSIONER POINTS AT MOLDOVA’S PROGRESS IN HUMAN RIGHT PROTECTION

At the end of his five-day visit to the Republic of Moldova, Nils Muiznieks, Council of Europe Commissioner for Human Rights commented on changes that happened in the country since his last visit in 2013.

According to the CoE press release, the Commissioner said he was heartened to learn about progress achieved with regard to the legal framework and raising awareness about domestic violence and gender equality.

“Despite the reforms undertaken to date, further sustained efforts are needed in order to address deficiencies in the justice sector, strengthen the judiciary’s efficiency and impartiality, and restore public trust. The right to a fair trial is a fundamental human right, and the principle of equality of arms must be respected. Persons charged with crimes should benefit from the presumption of innocence and quality legal defense”, he said.

According to him, several officials with whom the Commissioner met, acknowledged that a number of long-standing issues related to the judiciary still need to be addressed effectively, including the excessive use of detention on remand and prosecutorial bias in judicial proceedings.

“Conditions of detention in certain police establishments have been significantly improved. However, overcrowding remains problematic in many places of deprivation of liberty, and a recent death in custody of a person with mental disabilities reveals a range of serious deficiencies in the protection of the rights of detainees, their safety and physical integrity. It is imperative that safeguards against ill-treatment be made effective”, he said.

The Commissioner recommended that the authorities to continue investing sustained and decisive efforts to ensure that the public in general benefits from an effective and fair system

“These should include ensuring public access to court hearings, including in high-profile and corruption-related cases - unless there are well-justified reasons to close part of such hearings – and making all judgments accessible to the public. Other measures should include changing the composition of the Superior Council of Magistracy by abolishing the ex officio participation of the Prosecutor General and the Minister of Justice. I have recommended earlier that the initial five-year probationary period for judges be revoked, and remain convinced that it is necessary to do so in the interest of judges’ independence. A lack of public trust in the judiciary can be extremely damaging to a democracy”, Nils Muiznieks said.

He also said he was pleased to hear that the legislation currently in force is largely in line with international and European standards and urged the authorities to engage in further cooperation for resolving citizens’ problems and ensuring their safety.