Annex

Data on the subjectrelated to involvement of officials in trafficking in humanbeings:

2013

In 2013, law enforcement bodies of the Republic of Moldova finalised the criminal investigation in a case involving a head of a community organisation in the perpetration of trafficking in human beings (THB) and TiC for exploitation for begging purposes on the territory of the Russian Federation.

In another case, prosecutors of the division for combating THB of the Prosecutor General’s Office and officers of CFTP of INI of MIA’s GPI completed the investigation and prosecuted a criminal case regarding a person holding the position of Vice-president of a community organisation on charges of having perpetrated THB for labour exploitation purposes on the territory of the Republic of Moldova.

In 2013, the Anticorruption Prosecutors’ Office, together with MIA’s DSI, investigated and prosecuted a criminal case regarding some investigation officers of the Office for Combating Trafficking in Human Beings of the Southern Section of INI of MIA’s GPI, on charges of having perpetrated influence peddling in relation to a THB case.

2014

In 2014 no cases of involvement of public officials in committing human trafficking or child trafficking have been registered. However, in 2014 was terminated the prosecution on an older case regarding a bailiff who urged and facilitated prostitution of two other people. (Art. 220 of the Criminal Code - pandering). The case was filed to the court for judicial examination and is currently in court for examination.

Simultaneously throughout 2014, in a case sent to court previously, was sentenced an employee of the Centre for Combating Economic Crimes and Corruption, which was acting together with another person. Thus, by the decision of the Criminal Board of the Court of Appeal of 27.0./2014, the named above have been recognized guilty of committing the crime provided by Article 220 para. (1) of the Criminal Code and punished with a fine of 800 conventional units, each.

The decision was appealed by the prosecutor, but it was rejected.

In another case, by sentence of the Ciocana Court from Chisinau of 22.10.2014, in 2014 was sentenced a police officer who, acting together with an accomplice, urged a person to engage in prostitution. The policeman was convicted for pandering and sentenced to imprisonment up to 3 years with suspension of execution of the punishment for a period of 2 years.

In another case, in 2013 the law enforcement bodies of the Republic of Moldova prosecuted to indictment the head of a public organization for involvement in commission of human trafficking and child trafficking for the purpose of exploitation in begging in the Russian Federation. In January 2014 the case was filed to the court for judicial examination and is currently in court for examination.

2015

In 2015 was detected one case of involvement of public officials in commission of human trafficking or child trafficking. Thus, by the Centre for Combating of Trafficking of Human Beings of the Ministry of Internal Affairs has been detected and investigated the case about labor exploitation of 3 victims. It was established the involvement of 5 people including one police officer, and a leader of a bank branch. The criminal case was prosecuted to indictment and is currently in court for examination. With regard to criminal cases opened in previous years on officials that have committed human trafficking, are to be noted the following:

In a case investigated in 2012, was indicted a teacher of the State University of Medicine and Pharmacy “NicolaeTestemitanu”, which together with ex-employee of the Bureau of Migration and Asylum of MIA, instigated others to recruit children in purpose of sexual exploitation, and then receiving the victims abused them personally. (Art. 206 of Criminal Code - child trafficking). The case was filed to the court for judicial examination.

By sentence of first instance court of 17.05.2013 the ex-employee of the Bureau of Migration and Asylum of MIA was convicted for child trafficking in purpose of sexual exploitation to 15 years and 6 months of prison, the actions of the other three (3) accomplices were re-qualified by court from child trafficking (Article 206 of the Criminal Code) to intercourse with a person under the age of 16 (Article 174 of the Criminal Code) and each were sentenced to 4 years of imprisonment with suspension term of 3 years each.

Regarding the teacher from the State University and another indicted the court adopted an acquittal sentence due to lack of criminal acts, although the victims, including at the court hearings, have indicated that they were sexually abused by the defendants. The sentence was appealed by the prosecutor. By decision of the Court of Appeal of 19.03.2015 the appeals were rejected, including the prosecutor's appeal, maintaining the sentence of the first instance court. The decision of the Court of Appeal was contested by the prosecutor leading the case to the Supreme Court of Justice, being pendent in court until final decision.

In another case investigated and prosecuted in 2011 was accused an employee of MAI in the commission along with two others (one of them being with criminal record) of the crime of trafficking in human beings and recruitment by deception of two victims from the Russian Federation in purpose of non-commercial sexual exploitation (Article 165 of the Criminal Code). By sentence of the Ciocana Court from Chisinau of 27.12.2012 the criminal actions of the defendants were re-qualified from Trafficking in human beings (Article 165 of the Criminal Code) to Rape (Article 171 of the Criminal Code) - and established as punishment 5 years of imprisonment with suspension for a period - 5 years term. The sentence was appealed by the prosecutor.

On 01.12.2015 by decision of the Court of Appeal was rejected the appeal of the defense and partially admitted the prosecutor appeal, qualifying the acts of the defendants under the provisions of Article 165 of the Criminal Code (trafficking in human beings). The person with criminal record was sentenced to 8 years of imprisonment and the ex-policeman and another accomplice were sentenced to 7 years in prison each.

In another case, in 2012, investigated by the Centre for Combating of Trafficking of Human Beings of the Ministry of Internal Affairs and the specialized section for combating human trafficking from the PGO was prosecuted the Secretary General of the Federation of Biathlon in Moldova, which was charged with the offense under Article 362/1 and 207 of the Criminal Code for organizing migration of several persons and illegal removal of children from the country. The criminal case was sent to court.

By sentence of the Centre Court of Chisinau of 15.08.2014 the official was sentenced under Article 362/1 of the Criminal Code to an administrative penalty in the amount of 150 u/c a.i. 3000 lei and under Article 207of the Criminal Code he was acquitted. That sentence was appealed by the prosecutor. The case is pending in the Court of Appeal.

In another case, in 2012, investigated by the Centre for Combating of Trafficking of Human Beings of the Ministry of Internal Affairs and the specialized section for combating human trafficking from the PGO was prosecuted on the vice-president of a public organizations (specialized in human rights), which was indicted under Article 165 of the Criminal Code for human trafficking (recruited from orphanages after reaching majority) in purpose of exploitation through forced labor. The criminal case was sent in April 2013 to court being currently pending in Orhei Court.

In another case, in 2014, investigated by the Centre for Combating of Trafficking of Human Beings of the Ministry of Internal Affairs and the specialized section for combating human trafficking from the PGO was prosecuted a public notary who was indicted for committing complicity in the illegal removal of a child from the country using false documents for purposes other than those specified in Article 206 of the Criminal Code, crime under Article 42 para. (5), Article 207 of the Criminal Code and intentional use by a public servant of the situation, for obtaining benefit, which caused considerable damage to the rights and lawful interests of individuals, resulting in serious consequences, offense under Article 327 para. (2) c) of the Criminal Code.

Referring to the consequences of the crime, it is necessary to mention that the child aged 17 years, being on the Russian Federation territory without parental care, died as a result of falling from height in unestablishedcircumstances.In May 2015 the criminal case was filed to court and is currently pending.

Referring to the question pertaining to the decisions that were ordered on complaints of torture, inhuman and degrading treatment, recorded during 2013 which resulted in serious injuries (one case) and death (one case), we note the following :

1.On complaints related to the person who said that he was subjected to ill-treatment and was chosen with serious injuries, territorial prosecutor started prosecution for the offense of torture.

Reference criminal case was sent to court. By decision of the Court of Appeal of 06/26/2015, the defendant was sentenced to four years in prison by offering, under art.3091 of the Criminal Code - torture (which was in force at the time of the crime).

2.On case related to the death of a person, it was established that the applicant was addressed to the emergency hospital, accusing pain in his left hand and informed doctors that he was mistreated by police. It was reviewed and determined that he had fractured his left hand fracture and edema in the region. Other injuries were not detected. Doctors were applied plaster from his left hand and territorial prosecutor informed the applicant's allegations about the mistreatment reference.
Prosecutor initiated investigations necessary but was not able to hear the applicant because it was a person wandering, abandoned the family for 12 years and does not maintain no relationship with his relatives.
Subsequently, approximately two months, the prosecution was informed that the applicant was admitted to the emergency hospital. It has been established that the applicant was taken by ambulance care, which was requested by passersby. The applicant died the next day. Prosecutor resumed the investigations necessary to have performed forensic examinations and implementing all actions necessary to establish objective circumstances require. As a result of actions taken it was found that the applicant's death was of biological origin are caused by cardiovascular and respiratory insufficiency background of decompensate cirrhosis, a lot of internal organs failure. In criminal trials, both as mayor and as replay, the prosecution tried by all legal means available to establish the event complained: applicant's relatives were heard, people in his circle of acquaintances, were requested all relevant documents. It was not identified any indication to prove that the applicant at that time had any altercations or otherwise came into contact with the police.
By the conclusion of the forensic experts was established that the applicant is not characteristic fracture mistreatment, being specified more as a result of the fall. Something other than what doctors said applicant (he was beaten by police) have been accumulated and the trauma (fracture) was occasional.Death occurred as a result of the applicant's pathological affections. Exhausting all possibilities of collecting evidences, considering the circumstances established, the prosecution closed prosecution on this case.

Referring to the question pertaining to the existence of Section reasoning combat torture within the Prosecutor General's mention:

Territorial prosecutor is vested with power to examine cases of inhuman and degrading treatment (art.1661para. (1) and para. (2) of the Criminal Code) from the area served by these administrative territory. In these prosecutorial were appointed prosecutors in charge of investigations on cases of inhuman and degrading treatment.
Prosecution for Combating Organized Crime and Special cases (which began work on 01/08/2016) is vested with the power to exercise prosecution only in cases of torture provided by art.1661 par. (3) and para. (4) of the Criminal Code, as the most serious form of ill-treatment. Under this prosecution were appointed prosecutors responsible for conducting investigations into cases of torture.

This specialized prosecutor is part of the prosecution system, but it is a independent division and is not hierarchically superior for territorial prosecutor.

Section combating torture from the Prosecutor General, composed of 3 prosecutors has the competence:
- Unification at national level on the investigations related to ill-treatment;
- Strengthening the capacity of prosecutors to carry out effective investigations, in accordance with international standards on torture, inhuman and degrading treatment;

- Promoting, among prosecutors, national best practices and those taken from other countries to conduct investigations on cases of torture, inhuman and degrading treatment, the provisions of international treaties that cover this compartment;

- Keeping statistics on cases registered, progress on these investigations, decisions taken and the circuit between territorial prosecution of criminal cases and the specialized;

- Evaluation at national level the phenomenon of torture, inhuman and degrading treatment, conducting studies on characteristic complaints submitted to torture, inhuman and degrading treatment;
- Evaluation at national level, the causes and conditions conducive to the existence of this phenomenon, developing proposals for the eradication of torture, inhuman and degrading treatment, discouraging their application and exclusion of impunity;

- Exercising, at the discretion of the Attorney General or his deputies, the prosecution of complicated causes and causes with increased social resonance;

- Development of a productive collaboration between the Prosecutor General's Office and state authorities empowered applying physical force to support high-level message of "zero tolerance" towards torture, inhuman and degrading treatment.

Update on criminal sentences adopted by court on cases of torture, inhuman and degrading treatment:

2013

In 2013 under Article 166/1 of the Criminal Code by the national courts were adopted sentences regarding 9 defendants, 6 of which regarding 8 policemen. Of the last, were given 4 convictions to 6 policemen and of these, one policeman was convicted to actual imprisonment, other three policemen were sentenced to imprisonment and with the application of Article 90 of the Criminal Code the sentence was suspended on a probation period, and other two policemen were sentenced to a fine. With respect to all sentenced policemen was imposed an additional punishment - deprivation of the right to work in the MIA. Also, another criminal proceeding regarding a police officer was terminated by application of Article 55 of the Criminal Code, being established an administrative fine. In another criminal case - one police officer was acquitted.In one criminal case, one person (the other category - employee of the security service) sentenced to imprisonment and with the application of Article 90 of the Criminal Code the sentence was suspended on a probation period, at the same time was imposed an additional punishment - deprivation of the right to occupy certain positions.Up to 31.12.2013 in courts of first instance under Article 166/1 of the Criminal Code were pending 13 criminal cases against 18 persons.

In 2013 under Article 309/1 of the Criminal Code by the national courts were adopted 10 sentences regarding 28 defendants. Of the last, were given 3 convictions to 5 policemen and all of them were convicted to imprisonment and with the application of Article 90 of the Criminal Code the sentences were suspended on a probation period, with an additional punishment - deprivation of the right to work in the MIA. Also, were terminated 2 criminal proceeding regarding 5 police officers by application of Article 391 of the Criminal Procedure Code.

Court of first instance gave 4 acquittal sentences regarding 7 police officers.

All the acquittal sentences were appealed by the prosecution in the Court of Appeal.

Also, was adopted an acquittal sentence regarding 10 employees of the Special Purpose Detachment ,,Pantera” of the Department of Penitentiary Institutions of the Ministry of Justice. The sentence was appealed by the state prosecutor. In another criminal case the prosecution was terminated.

Up to 31.12.2013 in courts of first instance under Article 309/1 of the Criminal Code were pending 13 criminal cases against 20 persons.

In 2013 under Article 328 para. (2) and (3) of the Criminal Code by the national courts were adopted 15 sentences regarding 29 defendants. All the sentences were regarding police officers, including 8 sentences on 9 policemen, of which one police officer was convicted to actual imprisonment, other three policemen were sentenced to imprisonment and with the application of Article 90 of the Criminal Code the sentence was suspended on a probation period, and other 5 policemen were sentenced to a fine.

With respect to 8 sentenced policemen was imposed an additional punishment - deprivation of the right to work in the MIA

Also, were terminated 3 criminal proceedings regarding 5 police officers by application of Article 391 of the Criminal Procedure Code. The court also adopted 3 acquittal sentences. The state prosecutor appealed all the sentences considered as given illegal.

2014

In 2014 under Article 166/1 of the Criminal Code by the national courts were adopted 11 sentences regarding 19 defendants. Of the last, were given 7 convictions to 12 policemen, 6 of them were convicted to actual imprisonment, other three policemen were sentenced to imprisonment and with the application of Article 90 of the Criminal Code the sentence was suspended on a probation period, and other 3 policemen were sentenced to a fine. All 12 police officers were sentenced to complementary punishment - deprivation of the right to work within the MIA.

Also, was terminated 1 criminal proceeding regarding 2 police officers by application of Article 391 of the Criminal Procedure Code. The court also adopted 2 acquittal sentences regarding 4 defendants of other categories rathe then police representatives, including 1 lyceum professor, and 3 employees of the Department of Penitentiary Institutions of the Ministry of Justice.

The state prosecutor appealed all the sentences considered as given illegal, and the acquittal ones in first instance.

Up to 31.12.2013 in courts of first instance under Article 166/1 of the Criminal Code were pending 22 criminal cases against 43 persons.

In 2014 under Article 309/1 of the Criminal Code by the national courts were adopted 6 sentences regarding 10 defendants. Of the last, were given 4 convictions to 7 policemen, 6 of them were convicted to actual imprisonment and other one was sentenced to imprisonment and with the application of Article 90 of the Criminal Code the sentence was suspended on a probation period. Other 7 policemen were sentenced to complementary punishment - deprivation of the right to work within the MIA. Also, was acquitted 1 police officer and regarding a defendant of another category rathe then representatives of law enforcement bodies (ranger) was given a sentence of termination of the criminal proceedings. The acquittal sentence was appealed by the prosecution.