The Committee of Ministers of the Council of Europe INSISTS on urgent measures to address systemic issues in the penitentiary system of the Republic of Moldova, inclusively the issue of ensuring adequate medical care for detainees.
During the reunion no. 1514 (DH) held from December 3-5, 2024, the Committee of Ministers of the Council of Europe resumed the examination of the Cosovan v. Moldova group of cases (application No. 13472/18), concerning inadequate medical care in penitentiaries and the lack of effective domestic remedies in this regard.
These discussions follow the decision of the Committee of Ministers from September 20 – 22, 2022 (reunion No. 1443), when the Cosovan v. Moldova case was placed under an enhanced supervision procedure, highlighting the severity and complexity of systemic issues in the Moldovan penitentiary system.
1. Systemic issues reiterated by the Committee of Ministers
Accreditation of the penitentiary hospital. The Committee noted that the Penitentiary Hospital and medical sections in Penitentiaries No. 6 and No. 10 have not yet received official accreditation as medical institutions, thus requesting authorities to develop a clear strategy with specific objectives and deadlines for obtaining this accreditation.
Medical staff shortage. The Committee highlighted that the shortage of specialist doctors remains a critical issue and urged the Government to prioritize recruiting medical personnel, inclusively, by offering additional incentives and more attractive salary packages.
Access to treatments and medications. Authorities were asked to present a list of medical services, treatments, and medications covered by the state budget for detainees and information on measures adopted to ensure a level of medical care equivalent to that in the public health system.
Organization and management of the penitentiary medical system. The Committee mentioned that authorities need to evaluate and implement an optimal model, including the possibility of transferring responsibility for the penitentiary medical system to the Ministry of Health.
Humanitarian release. The Committee requested clarifications regarding the mechanism for the humanitarian release of detainees and asked for examples of national jurisprudence in applying this mechanism.
2. Individual measures: Machina and Nitu cases
The Committee expressed concerns regarding:
Machina case: despite the complainant contesting detention conditions in national courts since May 2019, the case remains unsolved. The Committee urged the authorities to urgently finalize proceedings and inform the Committee of the result.
Nitu case: authorities are encouraged to ensure regular psychiatric treatment and constant monitoring of the complainant, as well as to consider therapeutic and rehabilitation activities adapted to his specific necessities.
3. Context of the 2022 reunion and the Cosovan v. Moldova case:
At the reunion no. 1443 (September 20 – 22, 2022), the Committee of Ministers:
- ordered the enhanced supervision of the Cosovan v. Moldova case, implying increased attention and intensive collaboration with the Government of the Republic of Moldova to address complex issues in the penitentiary system;
- drew attention to serious deficiencies in the penitentiary medical system, including the lack of specialist doctors, limited financial and logistical resources, the absence of a general health insurance scheme for detainees, and problems related to the subordination of doctors to penitentiary administration.
- emphasized the need for comprehensive general measures, including legislative and institutional changes, to prevent future violations of the European Convention on Human Rights.
In the same decision from 2022, it was highlighted that issues related to medical assistance from the I.D. v. Moldova group of cases should be examined separately, under the Cosovan v. Moldova, to ensure high attention and effective resolution.
In light of discussions at the December 2024 reunion, the Committee of Ministers announced that it will resume the examination of the Cosovan group of cases at one of its meetings in 2025, specifically requesting authorities to:
- accelerate the implementation of general and individual measures, inclusively obtaining accreditations, supplementing medical staff, and improving detention conditions;
- collaborate with the Council of Europe to identify the best model for organizing medical care in penitentiaries, including involving the Ministry of Health if necessary:
- ultimately ,ensure a penitentiary system that respects European and international standards concerning the dignity and health of detainees.
In 2023, the Promo-LEX Association, the People’s Advocate Office, and the European Prison Litigation Network (EPLN), as part of a joint partnership, sent a communication to the Committee of Ministers in the Cosovan case, requesting enhanced supervision of this case[1]. Additionally, Promo-LEX provides legal assistance to claimants in the Machina and Nitu cases[2].
The Ombudsman and the Council for the Prevention of Torture consistently highlight systemic issues in detention institutions (e.g., in penitentiaries) in their annual[3], thematic[4] and special reports[5], as well as in their reports on visits[6]. The implementation rate of national and international recommendations remains low.
Department on Prevention of Torture
060002641
[1] https://ombudsman.md/post-document/joint-submission-on-the-cosovan-case-in-accordance-with-rule-9-2-of-the-rules-of-the-committee-of-ministers-for-the-supervision-of-the-execution-of-judgments-and-the-terms-of-friendly-settlements-4/
[2] https://promolex.md/comitetul-de-ministri-al-consiliului-europei-incurajeaza-reforme-pentru-imbunatatirea-asistentei-medicale-din-sistemul-penitenciar-al-republicii-moldova/
[3] https://ombudsman.md/rapoarte/drepturile-omului/anuale/, https://ombudsman.md/rapoarte/prevenirea-torturii/consiliul-pentru-prevenirea-torturii-mnpt/cppt-mnpt-rapoarte-anuale/
[4] https://ombudsman.md/rapoarte/prevenirea-torturii/tematice/
[5] https://ombudsman.md/rapoarte/prevenirea-torturii/speciale/
[6] https://ombudsman.md/rapoarte/prevenirea-torturii/consiliul-pentru-prevenirea-torturii-mnpt/cppt-mnpt-rapoarte-de-vizita/, https://ombudsman.md/rapoarte/prevenirea-torturii/rapoarte-de-vizita/
