Executive Report of MHC for 2007
1. General information about MHC
2.
Overview on
human rights for 2007
3.
The
role of Human Rights Defenders in the contemporary society
4.
Which
are the frequently violated rights
5.
The
prevention and fight against discrimination
6.
The
situation of human rights in the left bank of Nistru
7. The
assurance of the refugee rights, asylum-seekers and internally displaced persons
8. The respect of the rights of the persons with mental disabilities
9.
The
examination of the law projects
10. The
participation of MHC members at the conferences, seminars, round-tables and
the articles published by them
1. General information about MHC
Moldovan Helsinki Committee for human rights is an independent, non-for-profit human rights organization founded by a group of human rights activists in Tiraspol, Transnistria region of the Republic of Moldova in the wake of dissolution of the Soviet Union in 1992. Moldovan Helsinki Committee monitors the respect for human rights obligations undertaken by the Republic of Moldova before OSCE, United Nations, and the Council of Europe. It advocates for respect, protection and promotion of the human rights values through providing independent expertise on human rights, legal and practices compliance. It carries out public interest advocating and litigation, raising of awareness of specific groups and general public of the serious human rights concerns guided by understanding of universal superior values of individual freedoms, social justice, equality and non-discrimination. Moldovan Helsinki Committee is a full member of the International Helsinki Federation for Human Rights (Vienna, www.ihf-hr.org ).
Moldovan Helsinki Committee comprehensive subject based and overall reports on the respect of human rights in the Republic of Moldova are known as good and professionally prepared information, solicited and relied on by many specialized entities, including those of the Council of Europe, as for instance, the Council of Europe High Commissioner for Human Rights (http://www.commissioner.coe.int//documents/translsanshighlights.doc), the European Committee on Prevention of Torture (http://www.cpt.coe.int/fr/rapports/inf2000-20fr.htm), PACE Monitoring Committee on the observance of obligations by the Republic of Moldova, US Department of State http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8304.htm. Additional and detailed information can be accessed at www.humanrights.md or obtained from vanu@humanrights.md.
2.
Overview on
human rights in 2007
The 2007 was a
great year for MHC through the recognition of the importance of this
nongovernmental structure by the adversaries, fact that is confirmed by the
fight launched against the Helsinki Committee
for Human Rights in the
In the
conditions when we observed that in the Republic of Moldova was created a non-formal
structure of nongovernmental associations, mass-media and public
officials that action against persons who execute their mission with honesty,
acting publicly
and openly and critiqued the abuses and the frauds done
in the society using illegally the public money and the grants offered by foreign
financing sources.
MHC had done in
2007 an astonishing work which disturbed the silence of governors and hampered
the secret plans of state or nongovernmental structures and it manifested as an
efficient and combative structure in fighting for human rights respect, as a
force which stimulated the movement of the
In 2007
MHC had
declared the serious infringements of human rights (the frequent actions were
in Transnistria), and the erroneous interpretation of the legislation by the
justice bodies. On Committee's website are the press releases concerning the cases
when were infringed the human rights.
The torrent of dossiers sent for
examination to
MHC by the citizens from the Republic of Moldova and the great
number of cases are demonstrating that at the chapter of Human Rights, which represent a troubled area and not so good for
a transition state. In 2007 were litigated many cases by
MHC at national level and
successfully presented to the ECHR.
3.
The role of Human Rights
Defenders in the contemporary society
Beginning with
desideratum that the Human Rights Defenders are the mover in the Human Rights
protecting and promoting process, it has been ascertained that the successfully
implement of international standards depend very much of their activism, in the
measure that the Human Rights Defenders are engaged in the fight for attending
an universal respect of Human Rights.
At the moment
the
Is necessary to underline that the
MHC'
actions in this domain in 2007 were:
·
The
collecting and the extension of the information about the different cases of
Human Rights’ infringements (investigate and make public the reports about any
Human Rights’ infringements, influence the State's authorities, appeal to
international organisms’ aid.
·
The
activity for supporting the victims.
·
The
activity in the direction of influence on politics and the decision of
Government' functionaries.
·
The
propagation and the explanation of Human Rights.
·
Human Rights’ advocacy at international and
national level.
Human Rights Defenders
necessitate defense
The big number of addressing to ECHR in witch the Republic of
Moldova is entered as claimant part, the extreme big number of dossiers in
witch Moldova is accused of defiance of the rights mentioned in Human Rights
Declaration and this thing is proved in high instance denote a aggravating of
situation at justice and social equity chapter.
The specific of Human Rights Defenders' activity consists in permanent
implication in divers conflicts, a big part of them in many cases is the State.
Having all the resources, the State is developed as the most powerful part. Of
starting Human Rights Defenders have a
rival that search modalities not only for justifying the illegally actions
towards to victims but for stopping
Human Rights Defenders to developed their activity but sometimes to
impose them to renounce at the nobly intentions to be closely by the unfired
citizen.
The
resistance of authorities and the contrasting of them to legal demand of Human
Rights Defenders to stop violent manifests generate the risk situation for HRD.
Sometimes the risk to be victim comes not of the part of some persons who
expiate their punishment for crimes but from penitentiaries' employers. The
methods of negative influence on the Human Rights Defenders can be very
distinct. Beginning with the refuse of the access in a state’s institution and
till the enacting of the laws which incriminate such aspects of the Human
Rights Defenders’s activity and which straiten work sphere of Human Rights Defenders.
Certain
laws and regulations can flagrantly infringe citizen’s rights and freedoms
through the adduction of any kind of motivations.
Some
manifests to HRD with a major social influence demonstrate that the high
politics can do everything brow be at inconvenient persons not speaking about
HRD of an other level that is understood and they can be poach without any
problems.
The
risk at which are overpowered the HRD, is proved in the case of HCHRM, the most
well-known and ponderable militant for Human Rights in the Republic of Moldova
on different ways and was defaced and attacked. Having the aim to chase away
the financing persons, is used the blackmail, the proofless accusations, any
kind of mystification. Thus HCHRM from the position of Human Rights Defender is
imposed to situate in victim position of some violence acts.
We can suppose that in the Republic of Moldova was created an
illegal structure of nongovernmental organizations, mass-media and public
officials that illegally using public many, grants offered by the foreign
officials act against incommodious
juridical and physical persons. About the complexity of situation at
Human Rights chapter, about the risk at which is benevolent overpowered Human
Rights Defenders prove the fact that a nongovernmental organization with incomparably authoritativeness
close to 3000 organizations which activate in Human Rights domain was lied in a
difficult situation, was embarrassed to develop the fight against criminal and
highbinder groups that had had much many invent scenes and applied delinquent
technologies went by the idea that they can achieve the aim through all the
methods.
In conclusion we can mention that the human rights in the
To surpass this situation the members
MHC
recommend that:
·
All accusation in address of certain associations or physic person
that act as Human Rights Defender must be verified and do not be based only on
any declarations or critic reports for
avoid the influence of financing persons by foundation persons of non profit
organizations but extremely gainful, by the authors of strategies which exclude
one another but for a time they are profitable for that persons who are morally
and spiritually interested; by thy who take to virtues which did not belong
them, defaming the true combatant for Human Rights.
·
Basing on the Declaration concerning Human Rights Defenders
adopted at 9 December 1998 with official name "The Declaration concerning social
organs, groups and persons' responsibility for promoting and protecting person’s
fundamental freedoms and rights" we demand a state guarantee and
supporting of them who dedicated to the fight for social equity, for not
allowing certain inhuman manifests regard any person. For realizing this
desideratum we demand to be guaranteed the following rights:
1.
Right of
protecting and promoting Human Rights.
2.
Association
right.
3.
Right to
information.
4.
Right to free
discuss about Human Rights.
5.
Right to assist at
6.
Right to keep
free contacts with international organisms.
7.
Right of
participation in peaceful manifestations.
8.
Right to benefit
of foreign financing.
9.
Right to keep
the discussions without being intercepted.
MHC as an Human Rights Defender is doing an objective and honest
work an advice all militants for human rights defend to do his work not only
perseveringly and with courage but
honestly. Members of
MHC
demand of State's government to assume the
following responsibilities:
·
Do not impede HRD to carry on their activity and to promote Human
Rights including those of Human rights Defenders.
·
To initiate and to control the investigations in infringe cases of
human rights.
·
To take exigent measures for persons and institutions which
infringe on inviolability of Human Rights Defenders.
·
To promote Human Rights through the press, the schools, the
universities, etc.
4.
Which are the frequently
infringed human rights
Analyzing the
subject of received petitions in 2007, members of
MHC came to the conclusion
that the frequently infringed human rights were:
1.
Health protection right (art. 166, p. (1), l. (f),
E.C. of
2.
The right to do not be
subjected to torture or to cruel, inhuman or degrading treatment or punishment,
(art. 5
Universal Declaration, art. 3 Convention for the Protection of Human Rights and Fundamental Freedoms, also known as
the European Convention on Human Rights and
art. 24 of our country's Constitution).
3.
Right
of defense, guaranteed by the art. 6, p. 3, l. c of ECHR and by art. 26 of
4.
Right of correspondence and telephone
conversations
(stipulated
by art.30 from Constitution and art.229 E.C. of RM).
5.
Right of meeting, stipulated in by art. 232
E.C. of RM.
6.
Right of having access to information
(art.227
E.C. of RM) and to legal dispositions,
documents concerning the execution of punishment with depriving of liberty (art.
228 E.C. of RM).
7.
Right to address the
petitions stipulated
by art. 166, l. c., E.C. of R.M.
8.
Right to a fair trial stipulated by art. 6. of ECHR.
9.
Right of convicts to feeding
with respecting
of minimum norms established by the government (art. 247 E.C. of RM).
In conclusion is necessary to mention that
infringement of these rights took place of many causes through them we want to
underline:
a)
Economic,
which do not allow the creation of detention conditions, the realization of
different projects.
b)
Of
insufficient knowledge of legislation in force by the state organs, fact that
lead to infringement of human Rights and to diminution of responsibility
degree.
c)
Of
presence of wrong believing in exercising the function and the following of
certain illiberal interests which are realized through bureaucratic mechanisms
and temporizing in making decision.
In result of
the facts mentioned and having in view recognition, implementation and
profoundly respect of Human Rights in the
1.
The
improvement economic situation and the technocratic and transparent
administration of distributed means;
2.
The
perfecting of the mechanisms for bilateral control for growing its efficiency
concerning human rights respect;
3.
The
realization of different programs of information-instruction in Human Rights
domain so for citizens and for or special for the officials.
5.
The prevention and the
fighting against discrimination
Referring to
social factor named "discrimination" is necessary to evidence that
explicative dictionary define it as "illegally treatment of individuals or
human groups in comparison with the rest of society base on different
criterions as sexual, religious, racial and ethnic affiliation, etc.", it
means any illegal treatment of individuals and groups in comparison with
different criterions and that outlined by law.
For beginning
is necessary to be mentioned that Legal Clinic of
MHCanalyzed most then
405 complaints with different character. Referring to the person’s category who
are private of freedom, we accentuate that practically all the petitioners
declare the fact of their discrimination in rights (the right on a standard of
detention’s conditions, of dates, feeding, medical assistance, correspondence,
etc.) in comparison with standard which was imposed by law. At the same time we
can affirm that the discrimination's factor is observed and out of
penitentiaries. Thus through the
discrimination's criterions the most frequent in our society are: a) of sex: in
many cases women in comparison with men, children in comparison with adults; b)
of ethnic: although the discrimination cede its positions though exist cases
when at service are engaged only the
Russians, but at the same time Russians are discriminated in comparison with
other ethics in press; c) religious; c)
specific for Moldova are the criterion of relationship, contrarily to moral and
juridical rules some problems or persons are advanced but other are stopped. We
have some cases: 1) when a pensioner with an experience of 30 years was
deprived and was engaged other pensioner, 2) the distribution of flats at the
Ministry of Defense is realized not conformal with the queue, existing
discrimination between the members of queue.
Teo
Cârnaţ, Executive Director of
MHC proposed the project of law
anti-discrimination which was adopted with the goal to prevent, to interdict
any form of discrimination, ensuring for all persons:
·
Equality
in front of law;
·
Equality
of treatment, in chances, opportunities of participation in public life;
·
Effective
protection against discrimination.
One of the
goals of this law is to make active and efficient Ombudsman as an institution
and protection instrument of human rights.
The Project of law concerning the
anti-discrimination in the
Also
MHC elaborated a questioner
concerning the experience of citizens from
To realize the
goal of prophylaxis and fight against discrimination
MHC' members propose the
following recommendations:
1.
To
redact
2.
To
coarsen the sanctions for discrimination manifestations.
3.
The
adopting of a special Law which can systematized this problem and will be an
efficient mean of prophylaxis and fight against the discrimination.
6. The situation of human rights in the
left part of Nistru
The
monitoring, the promoting and the protection of human rights in Transnistria
were a permanent preoccupation of the Committee during the years.
In 2007
Helsinki Committee expressed his worry concerning the tentative systematical
done by the leaders of self-proclaimed regime of
1.
January, 18,
2007, Press Release on straining the situation
from Transnistrian region by the
2.
March, 12, 2007, Press Release regarding the violation by self-proclaimed
government from
3.
May, 14, 2007, Press release in connection with the
tense situation in the
4.
June 17,
2007, Press release on violation of the right to freely express the vote
in Corjevo village.
5.
October 27, 2007, Press Release on a new
provocation undertaken by the self-proclaimed regime in
MHC
undertook the fallowing appeals concerning the respect of human rights in
transnistrian region:
1.
August 13, 2007, Appeal of the Moldovan Helsinki Committee on the
straining of the situation in security zone by the self-proclaimed regime in
2.
August 29, 2007 Appeal of the Moldovan Helsinki
Committee on the blockade of books butch for the pupils of "Lucian
Blaga" lyceum from
7.
The insurance of the refugee
rights, asylum-seekers and internally
displaced persons
According the
statistics we received from the UNHCR agency at the end of 2007 year in
In the 2007
year were increased the monthly paid allowances for refugees. To be compared
with other years allowances increased from 170 lei in 2006, to 200 lei in 2007
and to 263 lei as set within the annual budget for 2008, though, this growth is
mostly due to the inflation of Moldovan currency and to the increase of the
prices on the local market. As well, to be mentioned that in R.M foreign
citizens and stateless persons are granted legal assistance by the state, in
cases and proceedings which come under public administration authorities’
competence. These provisions were set out in the Law Regarding the legal
assistance assured by the State.
Within the
National Action Program on Migration and Asylum was initiated a project for the
elaboration of the law concerning foreigner's statute. International standards
as well as the European practice and experience in matters of foreigner's
statute, had an important impact for the draft's creation, as
As the process
of social integration is one of the gravest issues refugees faced in 2007
within the framework of the Soderkoping Process with the support of the
Secretary for trans-border cooperation
and the financial support of the EU, was elaborated a project which aims
to increase the cooperation between the central public authorities and
international organizations, actions that will contribute to a more accurate
decision-making by Moldovan authorities and a more efficient integration of
refugees.
Other changes
occurred within the mechanisms of the expulsion of foreign citizens and
stateless persons. Thus, to ensure the expenses for readmission/ expulsion/
return, modifications were made in the normative acts system regarding these
topics. As an effect these financial resources will be included in the state's
public budget of 2008. Regarding the same topic – readmission and repatriation-
, in April 2007 was signed an agreement between
Other
modifications are contained in the Law concerning migration nr.1518-XV from 6
December 2002. It creates clarity in the activity and cooperation of the organs
that cope with the problems of refugees and Asylum seekers and impose the
bodies of local administration to act for the realization of proper
international policies for refugees and asylum seekers.
HCHRM in his
activity confronted with many cases of infringement of refugees rights.
The Helsinki Committee for Human rights
from
The HCHRM
worked with two cases of detention in
We must underline the fact that in
2007, MHC
confronted with two deportation cases of asylum seekers and other
two possible cases which were stopped. Mr. M. was a refugee that was evacuated
from the Centre at 23.August.2007. The problem of this case consisted in the
fact that at the evacuation he was arrested by the police organs, because he
didn’t wanted to leave his domicile. He was imposed by force to leave the
centre and was detained over 3 hours by the police, and afterwards was accused
by the Court on the infringement of legislation, the opposition of resistance
to a police officer. As a result he was punished to 15 days of administrative
arrest. We offered mister M a competent lawyer that worked with his case.
There are problems with
documents refugees hold, especially the fact that refugee do not receive an ID
document for a large period of time.
There are many complaints from refugees because the
process of gaining the Moldovan citizenship is complicated and lasts a long
period of time. In this situation many refugees do not apply for citizenship
just because of this problem. Another issue is that the process includes the
obligation of a good knowledge of the state language- Moldavian (the name of
the Romanian language in
Recommendations to the government of
1. Implementation of measures and legal
modifications concerning the medical assistance for Asylum seekers, and medical
measures for refugees those suffer from dangerous and infectious diseases.
2. Solutions
have to be found in order to improve access to the labor market for refugees
and asylum seekers and encourage integration. Especially there are needed state
international programs concerning the Romanian language, and programs for labor
integration, the existing programs are implementing especially by NGO-s, and we
need a state involvement in these activities.
3. The refugee
documents problem must be solved.
4. The state
organs must offer a minimal level of financial assistance to these categories
for the funeral proceedings, which is not done at the actual period.
5. The
increase of collaboration of the state organs with the civil sector is
necessary in the actual situation.
6. We
recommend the abrogation of the 362 article from penal Codex and creation of an
similar article in the administrative Codex with a lower level of punishment.
7. Urgent
capacity building training is required on refugee law for judges and staff
involved in refugee status determination procedures. Border guards, police and
security services need increased training on the rights of asylum seekers and
refugees.
8.
The respecting of persons
with disability' rights
In society
human have different ideas about patients’ mental confusion. These ideas and
prejudices are determined on the comportment and thinking towards these people.
The fact that certain comportment is considered normal or not normal is
influenced by many factors, environment, entourage in which they are determined
habit of mind. Many times is observed the tendency to qualify somebody normal
or not normal person. But this thing separated these people of us.
Concerning the
respecting of persons with disability' rights, in 2007
MHC
coordinated and implemented the project "Advocacy for institutional
within the mental health care system of
MHC
members
had made the following recommendations:
·
The
amelioration of current legislation in mental health domain;
·
The
elaboration of mental health politics which will provide reorganization of
mental health system through the different services accorded to persons with
mental health problems;
·
The
creation of communitarian health services which will have a holistically sense
of problem (medicament treatment in crisis case and assistance of recuperate
therapy);
·
The
amelioration of service system in country, adjusting of legal cadre to international
standards and harmonization of national legal cadre.
·
The
correct administration of financial resources with direction to alternatives
mostly to communitarian care services which are economically most efficient,
the elaboration of quality standards for services in domain of persons with disability'
protection.
9.
The examination of law
projects
In 2007 the
members of MHC
analyzed the following laws and projects of laws and told
their opinion about them.
1.
Law
concerning the juridical assistance guaranteed by the state.
2.
Law
concerning the reunions.
3.
Law
of nongovernmental organizations
4.
Law
on responding of judges
5.
Law
on acceleration of medical workers' solution problems
6.
Law
concerning the execution on medic profession
7.
Project
of laws concerning the approval of regulation on vitality of medical' expertise
organs.
8.
Projects
of laws concerning the reform of prosecuting
10.
The participation of
MHC
members at the conferences, seminars, round tables and the articles published
by them
The participation of
MHC
members at
conferences, seminars, round table in 2007:
Teo
Cârnaţ, Executive Director of
MHC:
1.
June,
17-24
2.
Marc,
30
3.
September,
23-28,
4.
September,
29, Chisinau, had participated at International Conference
scientific-practically "Judiciary precedent: practical and theoretical
aspects".
5.
December,
15, Chisinau, had participated at International Conference
scientific-practically "Actual problems of national legislation in the
context of European integrationist process".
Sergiu
Arhiliuc, coordinator of Juridical Clinic:
1.
March,
21-22 had participated at seminar for concluding the request and dossier to
ECHR, which took place at Government's Canteen.
2.
April,
2, had participated at round table concerning the modifications in Law on
parliament's advocates for institution of torture's prevention mechanism which
was organized Ministry of Justice.
3.
June,
6, had participated at round table concerning Transnistian problem which was
organized by Center for information and documentation on OTAN.
4.
July,
4, had participated at round table on National Development Plan (problem
concerning corruption).
5.
September,
5, had participated at the second round table on National Development Plan
(problem concerning corruption).
6.
November,
15, had participated at round table concerning the reform of Prosecuting in
Sergiu Popuşoi,
jurist at MHC:
1.
August
23 - October 15 was on professional probation in the framework of Association
of advocates "Henri Bovier – Frederic Piras" in
Mihai
Cebotari, specialist on refugee's problems:
1.
July,
8-10 had participated at training on refugee's problems organized by ECRE from
2.
November,
13-17 participation at training concerning Refugees’ rights at borders in
3.
November,
26-30, participation at international Course on Refugees’ rights in Sank –
4.
July,
16-21, participation at Summer School on Development of electoral campaign
which was organized by ADEPT.
5.
August,
participation at Summer School on Human Rights and concluding of projects
organized by PNUD.
In 2007 were
published the following articles:
Ştefan
Urîtu, President of
MHC:
1.
The
article "An undetermined statute is excellent convenient for
somebody" in "Fin – Consultant" journal nr.3 of 2007.
2.
The
article "The frozen conflicts or smoldering conflicts?" in "Fin – Consultant" journal nr.12 of 2007.
3.
Had
participated at poll of opinion conjunction with International Day of Human
Rights, which was organized by the redaction of social weekly publication
"Vocea Poporului" of December 7, p.4.
Teo
Cârnaţ, Executive Director of
MHC:
1.
The
opened letter to the government of the
2.
The
article "The day of independence-a holiday which represent the aspirations
of a people" which was published in "Dreptul" newspaper of
August 24 nr.30 (193).
3.
The article "The situation concerning the
respect of arrested persons' rights in the
4.
"The
creation of judicial precedent in non-discrimination domain by the ECHR",
which was published in the Special Edition of National Revue of Law of
September, 29 2007.