People’s Advocate ex officio took notice on allegations of maltreatment against a soldier of Military brigade 2 „Stefan cel Mare” of Chisinau mun.
On June 03, 2019, at 14.20 P.M. on social network „facebook” were placed photos and a message about the allegations of maltreatment against a soldier of Military Brigade no. 2 of Chisinau[1].
People’s Advocate immediately ordered to verify these allegations. Thus, at 14.40 P.M. the staff of the Torture Prevention Department had a documentation visit in the military unit. The purpose of this visit was the initial checking of actions/inactions of public authorities, leading positions persons of all levels through the light of functional attributions, national law and international standards in the field of human rights in the context of ensuring the right to physical and mental integrity and the necessary medical care for the victim. This visit has begun at 14.50 P.M. and finished at 16.00 P.M. The allegations about the cruel maltreatment were identified as being true. On June 01, 2019, in the evening, the contract soldier, petty officer C., born in 1998 physically attacked, applying several blows in the region of spine, feet in the canteen and laundry room of the unit with hard blunt objects (victims said that it was an iron bar from the bed/stool) three conscripts for different reasons. The injure was only identified on June 03, 2019, 08.20 A.M. when the victims soldiers reported to the subunit Commandant
During the visit it was initiated a service inquiry together with the Military Inspectorate of the Ministry of Defence of the Republic of Moldova. Chisinau Prosecution Office also was notified about the identified actions. C recognised his action. And by the order of the Brigade head, Mr. Silnic Gh. aggressor was arrested. After this visit the victims were transported to Clinical military hospital of Chisinau for being examined. At the hospital the conscripts confirmed the maltreatment allegations, invoking the lack of protection mechanisms in these situations. By the request of the competent prosecutor, they follow to be examined by the coroner.
People’s Advocate reminds that when a person makes credible statements that he/she was supposed to some treatments contrary to the art. 3 of ECHR „ by the State agents it is imposed the conduct of an official effective investigation. And in the case the State omits to do it, it can exist a situation which would fall under the incidence of the art. 3 of Convention. It should be mentioned that this obligation also originates from the provisions of the art. 10 para. (31) CPC R. Moldova according to which the probation duty of non-applying torture and other treatments and cruel, inhuman or degrading punishments represents the responsibility of the authority which has under the custody the deprived of freedom person, placed upon the order of a state authority or its indication or with its tacit approval or consent.
People’s Advocate expresses his concern about maltreatments in the military units and makes appeal to all authorized actors for promptly and efficient reacting, especially for the purpose of protecting the victims and other conscripts. The People’s Advocate also ordered to intensify the preventive visits in the military units.
For more details, please contact Alexandru ZUBCO, Head of the Torture Prevention Department within People’s Advocate Office, GSM 060002641.
[1] https://www.facebook.com/groups/396011323875941/
