1. The Committee considered the initial report of Moldova (CCPR/C/MDA//2000/1)
at its 2029th and 2030th meetings, held on 18 and 19 July 2002 (see CCPR/C/SR.2029
to 2030) and adopted the following concluding observations at its 2038th
meeting (CCPR/C/SR.2038), held on 25 July 2002.
A. Introduction
2. The Committee welcomes the State Party's accession to the Covenant in
1993, and expresses its appreciation to the State Party for its initial
report. The report sought to provide a comprehensive framework of law and
policy, though the Committee would have benefited by a greater focus on
the practical realities of the enjoyment of Covenant rights. The Committee
regrets the substantial delay in submission since the report became due
in 1994.
3. While appreciating the delegation's comments on a series of questions
posed orally by members of the delegation, the Committee regrets that an
extensive number of questions remained wholly or partly unanswered at the
conclusion of its discussion with the State Party. Brief additional material
was received in the week following the delegation's appearance, but the
Committee continues to look forward to receipt of full written responses
to its questions which the State Party has undertaken to provide.
4. The Committee notes that the State Party did not provide, either in its
report or in its oral presentation, more detailed information on the situation
in the Transnistrian region. While accepting that the Moldovan authorities'
control over the Transnistrian region is limited, and that parallel structures
of governance have established themselves there, the Committee must nonetheless
be in a position to assess the enjoyment of Covenant rights in the entire
territory under the jurisdiction of the State Party. It welcomes, however,
the willingness of the authorities of the State Party to engage in pursuit
of durable solutions of this matter, which would enable it to give fuller
effect to its responsibilities under the Covenant in that region.
B. Positive aspects
5. The Committee welcomes the adoption in 1994 of a Constitution including
provisions designed to protect the rights of persons within its jurisdiction,
including non-discrimination and equality before the law, and to reinforce
the State Party's legal order with respect to rights contained in the Covenant.
The Committee also appreciates the competence of the Constitutional Court
to strike down legislation incompatible with these rights, as occurred,
for example, in the Court's determination that the "propiska" regime (the
requirement to obtain a permit for internal movement) was unconstitutional.
The Committee further welcomes the abolition of forced labour in 1998, as
well as the provision for alternative civilian service of equal duration
in the place of military service.
6. The Committee welcomes the State Party's abolition of the death penalty.
It invites the State Party to accede to the Second Optional Protocol to
the Covenant.
7. The Committee welcomes the State Party´s efforts to establish effective
institutions to enhance the observance of human rights, including the Parliamentary
Advocates (ombudsmen) and the Centre for Human Rights, as well as additional
parliamentary and executive human rights bodies.
C. Principal subjects of concern and recommendations
8. The Committee expresses its concern that, in response to members' questions,
the State party indicated that no study had been undertaken to ensure that
legislative and other measures in pursuance of Resolution 1373 of the Security
Council were in compliance with its obligations under the Covenant.
The State Party is under an obligation to ensure that counter-terrorism
measures taken under Security Council Resolution 1373 are fully in conformity
with the Covenant.
9. The Committee is deeply concerned at the conditions prevailing in the
State Party's detention facilities, in particular their failure to comply
with international standards (as acknowledged by the State Party), including
the guarantees provided in articles 7 and 10 of the Covenant. It is particularly
disturbed at the prevalence of disease, notably tuberculosis, which is a
direct result of prison conditions. It reminds the State Party of its obligation
to ensure the health and life of all persons deprived of their liberty.
Danger to the health and lives of detainees as a result of the spread of
contagious diseases and inadequate care amounts to a violation of article
10 of the Covenant and may also include a violation of articles 9 and 6.
The State Party should take immediate steps to ensure that the conditions
of detention within its facilities comply with the standards set out
in articles 6, 7 and 10 of the Covenant, including the prevention of
the spread of disease and the provision of appropriate medical treatment
to persons who have contracted diseases, either in prison or prior to
their detention.
10. The Committee is concerned that, despite recent attempts by the State
Party to halt the activities of persons involved in the smuggling of individuals,
there continue to be widespread reports of extensive trafficking, particularly
of women, in violation of article 8 of the Covenant.
The State Party should reinforce its efforts to put a stop to the trafficking
of individuals, particularly of women, both originating in and in transit
through its territory.
11. The Committee is concerned at the length of time that elapses in practice
before a person suspected of a crime is brought before a judge, and at overly
lengthy periods of pre-trial detention. The Committee is concerned by the
apparently frequent administrative detention for significant periods of
persons qualified as "vagrants".
The State Party should ensure that it brings all persons suspected of
a crime promptly before a judge, as required by its obligations under
articles 9 of the Covenant. In order to comply with articles 9 and 14,
the detention of persons awaiting trial should also be reviewed periodically
and their trials secured without undue delay. The Committee recalls
moreover the obligation of the State Party under article 9, paragraph
4, to enable persons in administrative detention to initiate proceedings
in order to test the legality of their detention.
12. The Committee is concerned at provisions in the State Party's law which
raise doubts as to the full independence and impartiality of its judges,
as required by article 14, paragraph 1, of the Covenant. In particular,
the Committee is concerned at short initial appointments for judges, beyond
which they must satisfy certain criteria in order to gain an extension of
their term.
The State Party should revise its law to ensure that judges´ tenure
is sufficiently long to ensure their independence, in compliance with
the requirements of article 14, paragraph 1. The Committee emphasises
that the removal of judges should occur only in accordance with an objective,
independent procedure prescribed by law.
13. The Committee remains concerned that artificial hurdles continue to
exist in the State Party for individuals and organisations seeking to exercise
their religious freedoms under article 18 of the Covenant.
The State Party should ensure that its law and policy relating to the
registration of religious organisations fully respect the rights of
persons within its jurisdiction to full and free expression of their
religious beliefs, as required by article 18.
14. The Committee is concerned that the state television and radio broadcasting
service (Tele-Radio Moldova) has been subject to directions inconsistent
with requirements of impartiality and non-discrimination on the basis of
political opinion, contrary to articles 19 and 26 of the Covenant.
The State Party should take the necessary steps, including legislative
measures, to ensure that the state broadcaster enjoys broad discretion
as to programming content, and that competing views, including those
of political parties opposed to government policy, are appropriately
reflected in the broadcaster´s transmissions.
15. The Committee is further concerned at the requirement for advance notice
of 15 days of proposed assemblies to be provided to the relevant authorities.
The Committee considers that a requirement of such length may unduly circumscribe
legitimate forms of assembly.
The Committee should revise its law with a view to ensuring that the
time periods required for advance notice to its authorities, as well
as the procedures applied to such requests and appeals against initial
decisions, pay due regard to the ability in practice of the individuals
concerned fully to enjoy their rights under article 21 of the Covenant.
16. The Committee is concerned that certain requirements that the State
Party places upon the registration of political parties, such as conditions
with respect to the extent of their territorial representation, may violate
article 25 of the Covenant, by restricting the right of individuals to full
expression of their political freedoms.
The State Party should review its law and policy concerning the registration
of political parties, removing those elements which are inimical to
the full exercise of Covenant rights, in particular article 25.
17. While welcoming gradual improvements in the representation of women
in Parliament and the executive, the Committee remains concerned that they
continue to make a disproportionately low contribution to the political
and economic life of the State Party, particularly in senior positions in
the public sector and in business.
The State Party should take appropriate measures to ensure that the
participation of women in political, public and other sectors of Moldovan
life is on a fair and equal footing with that of men, consistent with
the requirements of articles 3 and 26 of the Covenant.
18. The Committee is concerned that the delegation was unable to respond
to the question whether the practice of relying on abortion as a means of
contraception is a cause of the high level of maternal mortality in the
State party.
The State party should make a careful assessment of the issue of abortion
and maternal mortality, and take necessary measures to reduce the high
maternal death rate.
19. While acknowledging steps that have been taken to improve the legal
position of minorities, the Committee remains concerned at their situation
in practice. In this connection, it expresses its concern at the situation
of the Gagauz, and of the Roma who continue to suffer serious discrimination
notably in rural areas.
The State Party should increase its efforts to translate its international
commitments under articles 26 and 27 of the Covenant into practical
achievements for its minorities, including the Gagauz, and the Roma
in rural communities.
20. The State Party should disseminate widely the text of its initial report,
the replies provided to the list of issues drawn up by the Committee and
the present concluding observations.
21. The Committee draws the attention of the State Party to the guidelines
of the Committee on the preparation of reports (CCPR/C/66/GUI/Rev.1). The
second periodic report should be prepared in accordance with those guidelines,
with particular attention paid to the implementation of the rights contained
in the Covenant in practice. It should also indicate the measures taken
to give effect to these Concluding Observations.
22. In accordance with article 70, paragraph 5, of the Committee's rules
of procedure, the State Party should provide within one year relevant information
on the implementation of the Committee's recommendations in paragraphs 8,
9, 11 and 13. The second periodic report should be submitted by 1 August
2004.
