Freedom of Opinion and Expression (Art. 19)

Additional information submitted by the Republic of Moldova following the HRC session of 18 – 19 october 2016

(required within 48 hours)

Freedom of opinion and expression (art. 19)

On February 26, 2016 amendments to the Broadcasting Code were adopted which aimed to reduce monopolization of media on the media market in Moldova. According to the amendments, the number of licenses that a broadcaster can hold in the same territorial administrative unit was reduced from 5 to2.

Parliamentary Committee for Culture, Education, Research, Youth, Sports and Media initiated in late 2015 public debates and consultations on the new draft Broadcasting Code (Legislative Initiative No. 53 of 15.03.2015). Public debate on the new draft Broadcasting Code continued during 2016 it being voted in first reading in Parliament on July 1, 2016. Because on July 7 were passed in the first reading three bills (No. 125 of 02.04.2015, No. 218 of 22.05.2015 and of 05.28.2015 no.231) amending and supplementing the current Broadcasting Code with provisions aimed at indigenous product, share and delivery period, as well as provisions for securing information space, it was decided to merge all projects and finalizing the new draft broadcasting Code to be voted in the second reading. Extensive public consultations on the new draft Code were held on May 14 and July 26, 2016, as well various problems and challenges faced by the media market in Moldova discussed. The draft is currently adjusting according to the new proposals and will be submitted for the expertise to the CoE, OSCE and other relevant international bodies.

On March 5, 2015 the Law no. 28 on amending the Broadcasting Code no. 260-XVI of 27 July 2006 was adopted by including regulations on transparency of ownership of media outlets (Official Gazette no. 105-109 of May 1, 2015, in force since November 1, 2015). Under the new law, private broadcasters are obliged to disclose the following information: name, address and contact details of administration, list the name of the beneficial owner / beneficial owners and share data to their participation in the share capital, the list of board members and / or name administrator name filmmakers / producers of programs or broadcasts, radio signals, television station symbol. Any change in the information submitted needs to be published within two days on the website of the program service, for which broadcasters have obtained a broadcasting license. In case it is not subject to registration, within 3 days the Broadcasting Coordination Council (BCC) will update the information on its website.

However, private broadcasters are obliged to publish and present to BCC annually, till May 1, an activity report as regards: name, nationality of the beneficial ownership / beneficial owners, description of the ownership structure, organization and capital broadcaster, sources of funding the service programs and information on the concept of the program service activities for the previous year.

On September 29, 2015 by Decision no. 35/175 of BCC, the model of the "Declaration on ownership transparency" was approved. Subsequently, all private broadcasters statements on transparency of media ownership were examined in public meetings, these being published on the website of the BCC („Property Transparency” compartment). Statements reflect the information on the owner / ultimate beneficiary of each TV or radio station.

Prohibition of torture and cruel, inhuman or degrading treatment or punishment, right to liberty and security of person, and treatment of persons deprived of their liberty (arts. 7, 9, 10, 12 and 13)

According to pt. 17 of the Report of the Special Rapporteur on the Rights of Persons with Disabilities and with reference to his mission to the Republic of Moldova in 2015 (hereinafter - the Report), the Special Rapporteur found that in accordance to the Ministry of Health Order no. 384 from 2012 year, the Independent Service for protection of the rights of people in psychiatric institutions became operational. It should be added that in accordance to the Ministry of Health Order no. 1185, dated October 29, 2014 "On organization and functioning of the Independent Service for protection of the rights of people in psychiatric institutions" the regulatory framework for the operation of the Service, with clear determination of tasks, was established.

According to pt. 3 of the Report, the Special Rapporteur performed meetings with the Institutional Ombudsman of psychiatric hospitals. According to the recommendation contained in section. 62, pt. (F) of the Report, the Special Rapporteur recommended to the Republic of Moldova the establishment of an independent monitoring mechanism, in accordance to the Paris Principles and Article 33, paragraph 2, of the Convention, and ensure full participation of civil society, particularly organizations of persons with disabilities in monitoring and reporting processes. It should be noted that such a mechanism will be the People’s Advocate Office, having the prerogatives of protection and monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities.

Child Protection Issues

In 2007, the reform of the residential child care system was launched and became a priority for the Strategy on Child Protection for 2014-2020 (approved by Government Decision no. 434 of 10.06.2014). At the same time, by Government Decision no.835 of 04.07.2016, was approved the Action Plan for 2016-2020 on the implementation of the Strategy. This implies the continuation of deinstitutionalization process of children in general, including children with disabilities and the Strategy envisages taking actions to gradually stop the placement of children under 3 years old in residential institutions.

Regarding deinstitutionalization of children under 3 years old and those with disabilities, in February 2016 was signed a Memorandum of Cooperation between UNICEF, Ministry of Labour, Social Protection and Family, Ministry of Health and NGO CCF Moldova, aiming at implementation in the next two years of a project of technical assistance in this field. Previously, CCF Moldova has successfully implemented a similar project in Chisinau, deinstitutionalizing children of early childhood from the Municipal Center of Placement and Rehabilitation for children of early age. Currently, the transformation is to take place in the two Republican centers of placement and rehabilitation for children of early age, under the Ministry of Health. They will be supported in the development of social and medical services to replace the residential service. At the same time, there will be created two social nurseries for the deinstitutionalized children and will be supported 25 families of foster carers, specialized in the children care giving. The project provides for the launching of a huge communication campaign targeting to recruit foster care givers for little children and children with disabilities. By Government Decision no. 7 of January 20, 2016 was approved the Framework Regulation on organizing and functioning of the Commission on the protection of children in difficulty (operating at rayon/municipal level), by which were extended the duties of the Commission on the cases of children, whose maintaining in the biological family is conditioned by undertaking in a limited time, by parents, authorities, institutions or specialists of complex measures of support to overcome the situations that may lead to the separation of child from parents and issuing the note on providing and amount of allowance to be awarded within the social service of support for the families with children.

Juvenile justice

In 2014, by the Law nr. 82 of 29.05.2014 amendments to the Enforcement Code were approved, including provisions inserted related to execution of sentence by the minor detainees:

a) Art. 199. Escorting the convicted persons to the places of the execution of the sentence, which prohibits the transfer of the minor detainees to the other penitentiaries than the specialized ones;

b) b) Art. 2101. The right to petition and measures for ensure the right to petition, exercised by the minor prisoner, his legal representatives, or in their absence, by the guardianship and tutorship body within the range of the penitentiary. Any response or decision taken in respect to the minor prisoner as a result of examination of his petition must be communicated, compulsory, to his legal representatives, or in their absence, to the competent tutorship body. In the process of examination of the minor prisoner’s petition, the hearing of the minor prisoner, and if necessary, motivation and explaining of the response or decision, including the way of appeal, must be performed with the involvement of the specialized personnel, like psychologists or social assistants, in conformity with minor’s level of understanding.

c) Art. 242. The educational process of the detainees is performed according to the individual characteristics of the prisoner, identified during a complex evaluation and behavior prognostics, using both individual and group activities, in conformity with psycho-pedagogical methods. The education process is performed in an individualized manner, an action plan being elaborated in this sense.

d) Art.246. which provides disciplinary sanctions applied to the prisoners, the period of separate detain of a minor prisoner (as a sanction) was reduced from 5 days to 3.

e) Art. 246ˡ. The individualization of the disciplinary responsibility, in particular, isolation of the minor detainee has an exceptional character, and is to be disposed if the person committed repeatedly and intentionally, actions that constitutes misconducts, according to the law (art. 245 para. (1)Enforcement Code) and are of such a nature to affect significant the order and security of the penitentiary, life and health of other prisoners;

f) Art. 253. Particularities of the execution of the sentence. Within the penitentiary for minors the frequency of the meetings of the minor prisoners detained in common regime was increased from 1 to 4 in a month and was granted a long time meetings once in two month. As well, the number of phone calls was increased to two calls a week.

g) Art. 254. In the process of the transfer of the prisoners into another penitentiary, in particular when reaching the age of 18, a commission is to establish upon the opportunity of the further execution of the sentence within the current penitentiary, before reaching the age of 23 – a request in this sense being sent to the court.

Juvenile delinquency is one of the major concerns of the state, combating it constitutes one of the main directions in the fighting against crimes.

Currently, the prosecution in criminal cases involving minors is completed in a period of up to one month in about 95-98% of cases. The term examination of criminal cases in courts is different, it being completed in a period from 3 to 6 months.

In the period 2013 – 2016 several recommendations / instructions on preventing crime in general, including juvenile delinquency, were developed. In 2014 was launched the pilot Project on implementation of psychosocial support at the presentencing stage, conducted in 14 territorial probation offices. In November 2014, the Pilot Program "Prevention of violence among minors" was launched and performed in 11 territorial probation offices. A methodological and consultative assistance was granted during 2014 to 32 probation officers and counselors by organizing training activities / information on the implementation of the pilot Program “Prevention of violence among minors”.

In order to implement the international recommendations on crime prevention of juvenile delinquency, there were elaborated:1) Methodological recommendations on measures to prevent juvenile delinquency and recovery.2) Recommendation on how to prepare the brief presentential personality evaluation.3) Vocational program for minors "road to success".4) The individualized program of work with convicted violence.

In the period 2013-2015 in resocialization activities were engaged: 2013 - 533 juveniles, 2014 - 765 juveniles, 2015 - 394 juveniles, 2016 (I Semester) - 173 juveniles. In order to prevent the repeated offenses among minors, several classes were carried out: in 2014 – implying 73 lectures with the participation of 2333 students, 2015 - 94 lessons with participation of 2708 students of classes V – IX, undertaken with the assistance of the Friendly Health Centers for juveniles, Child Safety offices, etc. In 2016, 107 programs were carried out to prevent juvenile delinquency, involving 3275 children.

The set of general training programs of juveniles in custody of the penitentiary system is drafted by the Ministry of Education, in collaboration with the Institute of Education Science and are implemented by its subordinated institutions, through the classes hold by the teachers in schools to the groups of minors created within the penitentiary.

General training is performed in conformity with common order of the Ministry of Education nr.751 of 28.08.2012, Ministry of Finance nr.104 of 03.09.2012 and Ministry of Justice nr.399 of 30.08.2012 „Regarding opening some school classes for general training of the minor detainees from the penitentiary institutions”.

Professional training is performed in conformity with the Government Decision nr. 721 of 03.09.2014 „Regarding the reorganization of some secondary professional education institutions” and according to the common order of the Ministry of Education nr.1012 of 25.09.2014 and Ministry of Justice nr.412 of 01.10.2014 „Regarding the organization of some classes for the professional training of the detainees within the secondary professional education institutions”. According to the mentioned documents, the process of training of the minors is performed in all six penitentiaries that ensure the detaining of the minors.

Regimes and conditions of the detention in prisons for minors correspond to those provided for semi-closed place of detention, in conformity with the art. 252 and 253 of the Enforcement Code. At the expiry of the 6 months period, from the first day in the prison, but no more than 1/3 of the period of the sentence, the minors that were in the initial regime could be transferred to the common regime, taking into account he quarantine period. The transfer of the minor into the regime of resocialization is to be performed at least 6 months before the expiry of the sentence, in conformity with the provisions of the para. (1) of 282 al Code of execution. Detainees that are under regime of resocialization are allowed to walk without escort outside the prison, if there is such a need in the process of performed work.

The detainee that reached the age of 18 is transferred to the semi-closed penitentiary for further execution of the sentence, under common regime of detention. The transfer is approved by the court, based on a request from the penitentiary administration. Among the programs included in the educational, psychological and social offer of the penitentiary system, are the following:
 The release training program for the convicted juveniles, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr. 183 of 30 September 2009;

 The program of preparation for release ”PROSOCIAL”, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr. 36 of 20 march 2006;

 The program of preparation for release on parole, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr. 81 of 23 may 2006;

 The program of preparation for release of children from detention, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr. 38 of 22 may 2013;

 Psychological rehabilitation program for drug users, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr.116 of 11.07.2006;

 Program to reduce violence in prison, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr.113 of 12.07.2006;

 Resocialization program for inmates with crimes of theft or robbery, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr. 53 of 15 march 2007;

 Health education program in the prison environment, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr.128 of 23 June 2007;

 Vocational guidance program for minors, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr. 198 of 12 October 2007;

 Program initiation of detainees in social and legal sciences, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr.7 of 18.01.2006;

 The program on the organization of work with newly arrived detainees in prisons, promoted, in order of implementation, by the order of the Department of Penitentiary Institutions nr.27 of 01.03. 2006;

 The program on the organization of physical education and sport with prisoners – „PROSPORT”;

 The program concerning the classification of prisoners in work;

 Program on organizing and conducting activities of artistic creation with prisoners.

Health care

On June 15, 2012 the Law no. 138 on reproductive health was adopted, which establishes the legislative framework on the rights of reproduction, respect and protection of intimate, family and private life and ensures non-interference in matters of family planning. By respective law, the possibility of ensuring the people from socially vulnerable groups with contraceptives was established.

According to the Ministry of Health Order no. 658, dated August 18, 2015 "On ensuring with contraceptives" the Regulation with regard to ensuring vulnerable groups with contraceptives, purchased at primary healthcare level using the compulsory health insurance funds was approved. According to the Common Order of the Ministry of Health and National Health Insurance Company no. 228/139-A, dated March 30, 2016 an Action Plan on providing contraceptives to vulnerable population groups at primary health care level for the years 2016-2017 was approved.

People from Transnistrian region are ensures with free contraceptives in case they are registered at a family doctor working in the territory controlled by the Moldovan constitutional authorities and fall under the category of socially vulnerable groups.

According to the pt. c) paragraf. (1) art. 159 of the Criminal Code of the RM, an abortion, by any means, committed in case of pregnancy which exceeds 12 weeks, unless medically indicated according to the Ministry of Health regulations, is sanctioned. Therefore, the Law provides the possibility to punish a person, including a mother, who commits an abortion, by any means, committed in case of pregnancy which exceeds 12 weeks, unless medically indicated (diseases, complications of pregnancy), established by gynecologists, obstetricians, or other medical professionals, given that such abortions represent a real threat to life and health of the pregnant woman.

In practice, during the years 2013 - 2016, criminal record cases initiated to mothers that have committed an abortion, by any means, committed in case of pregnancy which exceeds 12 weeks, unless medically indicated, were not registered.

Freedom of religion and belief (art. 18)

In the Republic of Moldova, the associations are equal before the law and they operate under their own statutes and programs in accordance with the Constitution and the laws of the country. The core of the matter concerning the registration of public associations in the Republic of Moldova is the Law no. 837 - XIII of 17 May 1996 regarding public associations. In the event that this law provides that for the registration of the statute the association must submit documents, of which list can’t be extended, we must keep in mind that the law can’t foresee all the legal situations that might appear. The provisions of the Civil Code are also applicable to the public associations. The statute of the organization is the act in accordance with which the organization operates, and its rules are mandatory for the organization. In such cases, the Ministry of Justice may request the submission of some documents required by other laws, namely the Civil Code, in order to respect the principle of opposability towards third parties (in some cases) or to establish the legality of decision-making, to respect the deliberativeness and the attendance of members at meetings, rules prescribed by the statutes of the association itself.