The regulatory framework of operation

Republic of Moldova

THE PARLIAMENT

LAW No. 52
din 03.04.2014
on the People’s Advocate (Ombudsman)

Published: 09.05.2014 in the Official Monitor No. 110-114 art No. : 278

Confirming the adherence to the Universal Declaration of Human Rights, Convention for the Protection of Human Rights and Fundamental, other international documents related to the human rights and taking into consideration that, in conformity with the UN Status, the state stimulates the protection of the human rights and freedoms and provides the protection of the rights and freedoms of all individuals on the territory of the Republic of Moldova, 
The Parliament adopts the present organic Law. 

Chapter I
GENERAL PROVISIONS

Article 1. Activity of the People’s Advocate (Ombudsman)
(1) The People’s Advocate (Ombudsman) (hereinafter – the People’s Advocate) ensures the protection of all human rights and freedoms by the public authorities, by the organizations and companies, no matter of the type of property and the legal organizational form, by the non-commercial organizations and by decision-makers at all levels.
(2) The People’s Advocate contributes to the protection of the human rights and freedoms through the prevention of their violation, through monitoring and reporting on the modality of protection of the fundamental human rights and freedoms at the national level through the improvement of the legislation related to the human rights and freedoms, through international collaboration in this area, through the promotion of the human rights and freedoms and their protection mechanisms, through the application of the procedures provided by the present Law.
(3) The People’s Advocate for the child rights’ protection performs his/her duties to ensure the protection of child rights and freedoms, at the national level, by the central and local public authorities, by the decision making officials at all levels of the provisions of the UN Conventions for the Protection of the Rights of the Child.
(4) The activity of the People’s Advocate and of the public servants working under his/her authority has a public character.

Article 2. Principles of activity
(1) In his/her activity, the People’s Advocate follows the Constitution of the Republic of Moldova, the present Law, other laws of the Republic of Moldova, as well as the international treaties the Republic of Moldova is party to.
(2) In his/her activity, the People’s Advocate follows the principles of legality, equality, impartiality, transparency, social equity, democracy, humanism and follows own conscience.

Article 3. Guarantees of independence
(1) The People’s Advocate institution is autonomous and independent from any public authority, legal entity, no matter of the type of property and legal organization form, and any individual in the decision making position at all levels.
(2) The People’s Advocate cannot be subject to an imperative or representative mandate. No one can oblige the People’s Advocate to comply with one’s instructions or provisions.
(3) The People’s Advocate cannot be obliged to explain cases reviewed or being reviewed, except situations when they are in the interest of the represented party or contain information of public interest.
(4) The interference into the activity of the People’s Advocate, the deliberate ignoring by the responsible officials at all levels of the intimations and recommendations of the People’s Advocate, as well as the impeding in any form of his/her activity involve liability in conformity with the legislation.

Article 4. Inviolability of the People’s Advocate
(1) The People’s Advocate and his/her deputies can’t be persecuted or held legally liable for opinions expressed and actions undertaken, in the compliance with the law, during their mandate.
(2) During his/her mandate, the People’s Advocate and his/her deputies may be under criminal investigations and trial for other deeds except those provided by Para. (1), but the People’s Advocate cannot be apprehended, searched or arrested without the prior consent of the Parliament.
(3) The People’s Advocate and deputies who are arrested or tried on criminal matters shall be suspended by law up to the final decision of the court.
(4) The inviolability of the People’s Advocate and deputies expands over their dwelling and office, transportation and telecommunication means used, correspondence, documents and personal property.

Chapter II
PEOPLE’S ADVOCATE STATUS

Article 5. People’s Advocate Mandate
(1) The Parliament appoints two People’s Advocates, autonomous among them, where one is specialized in the issues of the child rights and freedoms protection.
(2) The People’s Advocate is appointed for a 7 years mandate, which can’t be renewed. The mandate starts on the day of oath.
(3) The People’s Advocate performs public servant’s activity.
(4) In the case of cease before term of the People’s Advocate mandate, in no more than 3 months a new People’s Advocate is appointed.
(5) The People’s Advocate is in position until his/her replacement by the successor, except the cases of mandate cease before term or revocation on the grounds provided by Art. 14.
(6) Declaration of the state of emergency, siege or war on the whole territory of the country or in some localities does not suspend the activity of the People’s Advocate and does not restrain his/her duties.

Article 6. Eligibility criteria
(1) The People’s Advocate position may be held by the individual corresponding to the following criteria:
a) citizen of the Republic of Moldova;
b) full legal capacity;
c) license diploma or its equivalent;
d) work experience of at least 10 years and notorious activity in the area of human rights protection and promotion;
e) enjoying a spotless reputation;
f) knowing the official state language.
(2) A candidate for the position of People’s can’t:
a) have criminal records, including served ones, for an intended offence or being amnestied by an amnesty or grace document;
b) have been fired or released of duties form imputable motives.

Article 7. Selection of the candidates for the People’s Advocate position
(1) For the selection of the candidates for the position of People’s Advocate is created a Special Parliament Commission, comprised form members of the Human Rights and Inter-ethnical Relationships Commission and Legal, Appointments and Immunities Commission. The Special Parliament Commission organizes the selection of the candidates for the position of People’s Advocate in conformity with the regulations approved by it.
(2) The information on the organization and implementation of the selection, requirements for the candidates and documents to be submitted is displayed on the official webpage of the Parliament and published in the mass media at least 20 days prior to the selection day.
(3) The selection organization and implementation procedure is based on the following principles:
a) open competition, through the provision of free access to all individuals meeting the requirements set by the Law;
b) transparency, though the provision of information related to the modality of the selection to all the interested parties;
c) equal treatment, through the non-discriminating application of the selection criteria and conditions for all candidates.
(4) The CV-s of the candidates are placed on the official website of the Parliament for public consultations.
(5) The selection is considered valid if there are at least two candidates for each position called for selection. In the case when were submitted insufficient files for the selection or the candidates do not meet the requirements set by the present Law, a repeated selection is called, which is organized in a 30 day term.
(6) The selection of the candidates for the position of the People’s Advocate is organized at least 3 months before the expiry of the current People’s Advocate.
(7) The information on the results of the selection are placed on the official webpage of the Parliament and is published in mass media.

Article 8. Appointment procedure
(1) The Special Parliament Commission selects the candidates who did gather the biggest number of points at evaluation, 2 for each position of People’s Advocate, and is presenting them to the plenary session of the Parliament for appointment. For each candidate a motivated review is being prepared.
(2) Is appointed in the position of People’s Advocate the candidate who did get the votes of the majority of the members of the Parliament. If in the first round no candidate obtains the needed number of votes, the candidate/candidates with the most votes is submitted for the next round of selection.
(3) In the case when the needed number of votes for the appointment of the People’s Advocate wasn’t met, the Special Parliament Commission in a 15 day term calls a new selection which shall be organized in conformity with Art. 7.

Article 9. People’s Advocate Oath
(1) When starting working in the position, the People’s Advocate takes the following oath to the Parliament: „I swear to follow the Constitution and the laws of the Republic of Moldova, the People’s Advocate status, to protect the fundamental human/child’s rights and freedoms, to exercise my duties in good faith and impartially, to protect the dignity of the People’s Advocate institution”.
(2) The refusal to take the oath prevents the People’s Advocate from undertaking the position and opens the selection procedure and the appointment of another individual.

Article 10. Incompatibilities with the position
(1) The People’s Advocate and his/her deputies positions are incompatible with any public or private position, except didactic, scientific or creational activities.
(2) The People’s Advocate and the deputies do not have the right to undertake political activity and can’t be members of a political party.
(3) In a 15 day term from taking the oath, the People’s Advocate is obliged to cease any activity incompatible with his/her status.

Article 11. People’s Advocate Rights
During his/her mandate, the People’s Advocate has the right:
a) to be granted audience by the President of the Republic of Moldova, by the Chairman of the Parliament and by the Prime-minister during working hours as well as outside those;
b) to get the audience immediately and with no form of obstruction from the heads and all responsible officials at all levels of public authorities, institutions, organizations and companies, no matter of the type of property and legal organization form, of the police inspectorates and their detention places, of the penitentiary institutions, criminal investigation isolators, military bases, placement centers for immigrants or asylum seekers,
social, medical or psychiatric care institutions, special educational and re-educational institutions or curative and re-educational institutions for juveniles and other similar institutions;
c) to assist to and speak at the meetings of the Parliament, of the Government, of the Constitutional Court, of the Superior Council of the Magistrates, of the Superior Council of the Public Prosecutors;
d) to submit to the Parliament or Government the recommendations on the improvement of the legislation in the area of protection for the human rights and freedoms;
e) to verify the compliance and accordingly enforcement by the public authorities, by the organizations and companies, no matter of the type of property and legal organization form, by the non-commercial organizations,
by the responsible officials at all levels of their duties related to the protection of the human rights and freedoms;
f) to represent individuals or groups of individuals in front of the public institutions and courts in complex matters related to the human rights and freedoms or in matters of public interest;
g) to act ex officio in cases provided by the Law;
h) to have free access to all public authorities, to assist to the meetings of their subdivisions, including meetings of their colleges bodies;
i) to have free and fast access to institutions, organizations and companies, no matter of the type of property and legal organization form, in police inspectorates and their detention places, in penitentiary institutions, in criminal investigation isolators, placement centers for immigrants or asylum seekers, social, medical or psychiatric care institutions, special educational and re-educational institutions or curative and re-educational institutions for juveniles and other similar institutions;
j) to have unlimited and immediate access, at any time of the day, to any sector of the places of detention, to any information on the treatment and conditions of detention of the people in custody;
k) to request and receive from public authorities, from responsible officials at all levels information, documents and materials necessary to perform their duties, including official data with limited access and data from the state secret category in under the law;
l) to invite for hearings and to receive from responsible officials explanations and information necessary to reveal the circumstances of the investigated matter;
m) to request the competent state institutions a judiciary expertise, a technical-scientific and forensic conclusion and the submission of the expert report or protocol on the impossibility to draw such a report;
n) to have unlimited confidential meetings and conversations, without witnesses, and when necessary with a translator, with an individual in the places listed at letter b), as well as with any other individual who, in his/her opinion, could provide useful information;
o) to request the conclusions of the competent institutions on the protection of the human rights and freedoms in the case when there are sufficient grounds to suspect the violation of the rights and freedoms guaranteed by the Constitution of the Republic of Moldova and international treaties the Republic of Moldova is party to;
p) to make public all the results of the investigation of the cases of human rights and freedoms violation;
q) to collaborate with international and regional institutions and organizations working in the area of human rights and freedoms protection.

Article 12. People’s Advocate Obligations
(1) The People’s Advocate is obliged:
a) to protect the human rights and freedoms in conformity with the Constitution of the Republic of Moldova, with the international laws and treaties in the area of human rights and freedoms which the Republic of Moldova is party to, to perform own duties in conformity with the law;
b) not to divulge the state secret and other information protected by the Law;
c) not to divulge confidential data, as well as personal data which were communicated to him/her within the professional activity, without the consent of the individual it refers to;
d) to refrain from any activities non-complying with his/her status.
(2) When starting to work on the job and every year, the People’s Advocate shall submit, under the law, the income, property and personal interest declaration.

Article 13. The state protection and social guarantees
(1) The People’s Advocate benefits of protection on behalf of the state. Based on the grounded request of the People’s Advocate, the relevant bodies provide his/her safety.
(2) The social status and guarantees of the People’s Advocate are similar to those of the Supreme Court of Justice judges.

Article 14. Early termination of the People’s Advocate mandate
(1) The People’s Advocate mandate ceases before term in the case of:
a) resignation;
b) loss of citizenship of the Republic of Moldova;
c) revocation;
d) incompatibility;
e) impossibility to perform duties for more than 4 consecutive months due to the health condition, confirmed by a medical certificate;
f) getting an irrevocable court sentence;
g) death.
(2) The grounds provided by Para. (1) letter a), b) and letter d)–g) are found in the plenary session of the Parliament, based on a Human Rights and Inter-ethnic Relationships Commission report, by adopting a decision which takes act of the appearance of the reason for the early termination of the mandate.
(3) The proposal for the revocation from the occupied position of the People’s Advocate can be submitted by at least 20. The decision of revocation from the position is adopted with the votes of 3/5 of the total number of elected MPs based on the Special Parliament Commission, comprised of members of the Human Rights and Inter-ethnic Relationships Commission and Legal, Appointments and Immunities Commission.
(4) May serve as grounds for the revocation of the People’s Advocate:
a) actions incompatible with the People’s Advocate status;
b) the violation of the legal provisions on the conflict of interest, found by a final court decision;
c) divulging of the state secret and other information and data protected by the Law.

Chapter III
PEOPLE’S ADVOCATE DEPUTIES

Article 15. People’s Advocate Deputies
(1) The People’s Advocate is assisted in his/her activity by two deputies, whose duties are determined by People’s Advocate.
(2) People’s Advocate Deputies exercise public servant’s duties.
(3) People’s Advocate Deputies are appointed into the position by the Parliament with the votes of the majority of the present MPs, at the proposal of the People’s Advocate, following a selection.
(4) The selection is organized by the People’s Advocate. The People’s Advocate selects the candidates who do correspond to the eligibility criteria set by present Law and are presenting them to the plenary of the Parliament.
(5) The activity of the People’s Advocate Deputies ends under the provisions of Art. 14. The decision on the revocation from the positions of Deputies is adopted by the Parliament, at the initiative of the People’s Advocate, with the votes of the majority of the elected MPs.
(6) People’s Advocate Deputies are appointed for the duration of the People’s Advocate mandate, in no more than 60 days from the appointment of the People’s Advocate.
(7) People’s Advocate Deputies benefit of state protection and social guarantees in conformity with the provisions of Art. 13.
(8) People’s Advocate Deputies have personal liability for the failure to perform or improper performance of their duties.

Chapter IV
THE EXERCISE OF DUTIES OF THE
PEOPLE’S ADVOCATE

Article 16. People’s Advocate duties
The People’s Advocate exercises the following duties:
a) receive and review complains on the violation of the human rights and freedoms and remits, in the set deadlines, written replies on the decisions;
b) submits to the authorities and/or individuals in key positions recommendations on the recovery of rights for the individuals for whom was found a violation of their human rights and freedoms;
c) contributes to the amiable solution of the conflicts between public authorities and individuals;
d) contributes to the improvement of the legislation in the area of human rights and freedoms;
e) submits proposals and recommendations for the ratification or adhering to international tools in the area of human rights and freedoms and provide methodological support to ensure their implementation;
f) intimates the Constitutional Court and initiates matters in courts, presents the opinion at the request of the Constitutional Court;
g) hires employees and exercises the right of disciplinary authority under the Law;
h) promotes human rights in the society;
i) performs other duties under the Law.

Article 17. People’s Advocate for the rights of the child
(1) The People’s Advocate for the rights of the child provides protection and assistance to the child at his/her request, without seeking the parents’ or legal representatives’ consent. The child is announced on the result of the review of the request in the form corresponding to his intellectual and mental development.
(2) In order to ensure the protection of the rights and freedoms of the child, the People’s Advocate for the rights of the child has the right to act ex officio in order to help the child in difficulty or at risk without seeking the parents’ or legal representatives’ consent.
(3) The People’s Advocate for the rights of the child cooperates with any individual, non-commercial organization, institution or public authority acting in the area.
(4) The People’s Advocate for the rights of the child decides upon the complaints on the violation of the rights and freedoms of the child.
(5) In order to protect the rights and freedoms of the child, The People’s Advocate for the rights of the child may initiate court matters.
(6) In his/her activity, The People’s Advocate for the rights of the child is assisted by a special subdivision within the People’s Advocate Office.

Article 18. Competence for the review of complaints
(1) The People’s Advocate reviews the complaints of the individuals, no matter of the citizenship, age, gender, political or religious beliefs, living permanently, being or having been temporarily on the territory of the country (hereinafter – petitioners), whose rights and freedoms were allegedly violated by the Republic of Moldova.
(2) The People’s Advocate doesn’t substitute by his/her competencies the public authorities, legal bodies or courts.
(3) The People’s Advocate reviews the complaints on the decisions, actions or inactions of the public authorities, organizations and companies, no matter of the type of property and legal organization form, of the non-commercial organizations and responsible officials at all levels who, in the petitioner’s opinion did violate his/her rights and freedoms.

Article 19. Conditions for the intimation of the People’s Advocate
(1) The complaint addressed to the People’s Advocate is submitted before the expiry of one year from the day of the alleged violation of the rights of the petitioner or from the day when the petitioner did learn of the alleged violation.
(2) The complaints are submitted in person or by mail, fax, e-mail or another communication mean. The complaint may be submitted also by a representative of the person whose rights were violated, by nongovernment organizations, trade unions and other representative organizations on his/her behalf.
(3) The complaint on behalf of a person in detention, of a person in criminal investigation isolators, from military or military bases isn’t subject to censorship and is sent by the administration of the respective institutions to the People’s Advocate in a 24 hours term.
(4) The complaints addressed to the People’s Advocate are exempt of the stamp duty.
(5) The People’s Advocate reviews also verbal complaints, during audiences organized at least once a month in conformity with the regulations approved by the People’s Advocate.

Article 20. The content of the complaint
(1) In the complaint addressed to the People’s Advocate are indicated:
a) name, surname and domicile of the petitioner and, if necessary, the name, surname of the person whose rights were violated;
b) brief description of the matter circumstances;
c) the name of the authority or the name and surname of the person or the name and surname of the responsible official following whose actions and/or inaction took place the violation of the rights and freedoms, in the case when this person is known;
d) signature and date.
(2) In the case when the facts invoked in the complaint were subject to other authorities review, the complaint is annexed also with copies of the respective authorities’ replies.
(3) The complaint which doesn’t correspond to the requirements provided by Para. (1) are returned without being reviewed.

Article 21. The complaints’ receipt for review
(1) After receiving the complaint, the People’s Advocate has the right:
a) to accept the complaint for review;
b) to return the complaint without review, explaining to the petitioner the procedure he/she is entitled to use to protect his/her rights and freedoms;
c) to remit to the competent bodies to be reviewed conformity with the provisions of the legislation on petitions.
(2) In a 10 day term from the receipt of the complaint, the People’s Advocate announces the petitioner on the decision taken. In the case when the complaint is returned with no review, are mandatorily provided the motives for the return.
(3) The decision for the return of the complaint can’t be challenged. The repeated complaint may be submitted after removing the motives which did serve as grounds for the return.
(4) The repeated complaint against the same individuals and deeds is accepted for review only in the case of new circumstances.
(5) Is not received for review the complaint:
a) submitted over one year from the finding of the violation of the human rights and freedoms, except cases when the People’s Advocate may extend this term, but with no more than one year;
b) which is under court trial for substantive examination, except complaints on actions and/or inactions of the judge;
c) the review of which is in the competence of other bodies (initiation of a criminal investigation, explanation of the court decision);
d) on a tried matter, for which there is a sentence or a substantive court decision;
e) submitted by a person found incapable by a court decision;
f) which contains calumnies and insults, discredits the state authorities in general, local authorities, citizens’ associations and their representatives, instigating to national, racial, religious and other types of hate and other actions for which liability by law is provided.

Article 22. Ex officio intimation of the People’s Advocate
(1) In the case of having information on the mass or severe violation of the human rights and freedoms, in the cases of special social importance or in the case when is needed the protection of the interests of people who cannot use on their own legal defense means, the People’s Advocate has the right to act ex officio.
(2) In the case when are found mass or severe violations of the human rights and freedoms, the People’s Advocate has the right to present special reports at the Parliament’s sittings, as well as to propose the creation of special commissions to investigate these facts.

Article 23. The modality for the review of the complaints
(1) When reviewing complaints, in order to check the mentioned facts, the People’s Advocate has the right to request the involvement of the authorities and responsible officials in order to organize the control of the circumstances to be revealed. The control can’t be entrusted to the authority or responsible official whose decisions, actions or inactions are challenged.
(2) The responsible officials of all levels are obliged to submit to the People’s Advocate materials, documents and information requested in relation with the performance of his/her duties in no more than 10 days from the day of request, if the request doesn’t provide differently.
(3) The People’s Advocate applies the due diligence to solve the complaints through the conciliation of the parties and seeking some mutually acceptable solutions. The conciliation may take place at any stage of the complaint review and, at the request of the parties, may end by signing a conciliation agreement. The conciliation of the parties serves as ground to cease the complaint review procedure.
(4) If, following the review of the complaint was found that the rights or freedoms of the petitioner were violated, the People’s Advocate issues a motivated decision on the cease of the complaint review.
(5) The decision on the cease of the complaint review can’t be challenged.

Article 24. Recommendations of the People’s Advocate
(1) In the situations when are found violations of the petitioner’s rights or freedoms, the People’s Advocate presents to the authority or responsible official whose decisions, actions or inactions, in his/her opinion violate the human rights and freedoms, a notice covering the recommendations on measures to be undertaken for the immediate restoration of the petitioner’s rights.
(2) In his/her activity for the prevention of torture, the People’s Advocate presents to the authority or responsible official his/her recommendations in order to correct the behavior towards detainees, to improve the conditions of detention and to prevent torture.
(3) The authority or responsible official who did receive the notice is obliged to review it in a 30 day term and to communicate in writing to the People’s Advocate on the measures undertaken in order to remedy the situation.
(4) In the case when the People’s Advocate disagrees with the undertaken measures, he/she has the right to address to a hierarchically superior body to undertake measures necessary to enforce the recommendations covered by his/her notice and/or inform the public opinion. The hierarchically superior body is obliged to communicate on the measures undertaken in a 45 day term.

Article 25. Procedural actions of the People’s Advocate
(1) Based on the results of the complaint review, the People’s Advocate has the right:
a) to submit to the court a request to protect the interests of the petitioner whose fundamental rights and freedoms were violated;
b) to intervene with the competent authorities with a demarche to initiate a disciplinary or criminal procedure against the responsible official who did commit violations which did generate the violations of the human rights and freedoms;
c) to intimate the public prosecutor on the committal of the offence provided by Art. 320 of the Contraventions code of the Republic of Moldova;
d) to intimate the public officials of all levels on the cases of negligence at work, violation of professional ethics, delay and bureaucracy.
(2) The People’s Advocate has the right to file a court action in relation with the detected facts of mass or severe violation of the human rights and freedoms. The application for summons submitted by the People’s Advocate is exempted of the stamp duty.
(3) The People’s Advocate may intervene into the trial for conclusions for the protection of the legitimate rights, freedoms and interests of the persons.

Article 26. Intimation of the Constitutional Court
The People’s Advocate has the right to intimate the Constitutional Court in order to control the constitutionality of the laws and decisions of the Parliament, of the decrees of the President of the Republic of Moldova, of the Government decisions and orders, as well as of the international treaties the Republic of Moldova is party to.

Article 27. Improvement of the legislation in the area of human rights and freedoms
In order to improve the legislation in the area of human rights and freedoms, the People’s Advocate:
a) submits to the subjects with the right for a legislative initiative proposals and recommendations to improve the legislation in order to remove the causes and conditions creating premises for the violation of the human rights and freedoms;
b) issues opinions on the draft normative documents which envisage the human rights and freedoms;
c) issues opinions on the compatibility of the national legislation with the international legal tools in the area of human rights and freedoms.

Article 28. Promotion of the human rights and freedoms
(1) The People’s Advocate implements activities for the promotion of the human rights and freedoms through the:
a) public awareness in order to protect the human rights and freedoms through mass-media and other available means;
b) awareness raising on cases of violation of the human rights and freedoms;
c) introduction to the public of the mechanisms for the protection of the human rights and freedoms;
d) contribution to the consolidation of the education in the area of human rights and freedoms and participation to the development of the formal and non-formal education curricula;
e) development and dissemination of the informational materials on the human rights and freedoms;
f) other mechanisms and means allowed by the Law.
(2) The People’s Advocate collaborates with national and international non-commercial organizations in the area of human rights and freedoms protection, as well as with the mass-media.

Article 29. Reporting on the protection and promotion of the human rights and freedoms
(1) Before the 15th of March each year, the People’s Advocate submits to the Parliament the annual report on the human rights and freedoms in the Republic of Moldova. The report shall contain, mandatorily, a chapter dedicated to the situation of the protection of the rights and freedoms of the child and a chapter on the prevention of torture.
(2) The draft annual report on the protection of the human rights and freedoms in the Republic of Moldova is subject to public debate at least one month prior to its submission to the Parliament and is published on the webpage of the People’s Advocate Office.
(3) The annual report on the protection of the human rights and freedoms in the Republic of Moldova is heard in plenary in a 60 day term from its submission. The People’s Advocate may be asked questions related to his/her activity or the presented report. Following the hearing of the report, the Parliament adopts a decision.
(4) The Parliament Commission for Human Rights and Inter-ethnical Relationships presents the information on the People’s Advocate activity prior to the hearing of the annual report on the protection of the human rightsand freedoms in the Republic of Moldova.
(5) The annual report is published on the official webpage of the Parliament. The Parliament decision on the report is published in the Official Monitor of the Republic of Moldova.
(6) The People’s Advocate may present in public thematic reports on the protection of the human rights and freedoms.
(7) The People’s Advocate takes part to the development of the periodical reports on the protection and promotion of the human rights and freedoms which the Republic of Moldova presents to the international and regional organizations and institutions form the area of human rights and freedoms protection.

Chapter V
THE NATIONAL MECHANISM FOR THE PREVENTION OF TORTURE

Article 30. Prevention of torture
(1) In order to protect individuals from torture and other punishment or cruel, non-human or degrading treatment, beside the People’s Advocate Office is created the Council for the Prevention of Torture (hereinafter – the Council) as a national mechanism for the prevention of torture, in conformity with the Optional Protocol of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
(2) In order to provide the protection of people against torture and other cruel, inhuman or degrading treatment or punishment, the People’s Advocate ensures preventive and monitoring visits of the members of the Council to places where could be people deprived of their freedom, placed there by the disposal of a state body or at its directions, or with its agreement or consent.
(3) It is prohibited to order apply, admit or tolerate any type of sanction, as well as the prejudice in another way of a person or organization for the communication of any information, true or false, to the members of the Council and other people accompanying them in performing their duty to prevent torture.
(4) In the meaning of this law, the notion of deprivation of freedom is defined as any form of placing an individual, by an order of any judiciary, administrative or another body, in a state or private detention place, which he cannot leave at his will, as punishment, sanction, procedural or constraint measure, safety measure, as well as a result of the dependence of the care provided or based on any other motive.

Article 31. Organization of the torture prevention activity
(1) The regulations for the organization and operation of the Council are approved by the People’s Advocate, with the notice of the Commission for the Human Rights and Inter-ethnical Relationships.
(2) The People’s Advocate is by default chairing of the Council.
(3) The Council is comprised of 7 members. The People’s Advocate and the People’s Advocate for the rights of the child are members by right of the Council. The other members proposed by the civil society, are selected by a selection process organized by People’s Advocate Office and are appointed for a 5 year mandate, which can’t be renewed.
(4) Member of the Council may be the individual corresponding to the following requirements:
a) have higher education in the area of law, health, psychology, pedagogy, social assistance or another area relevant for the mandate;
b) a work experience of at least 3 years in the area of human rights;
c) no criminal records;
d) no public servant job, no member of the Parliament or member of a political party;
e) not employed by the law enforcement bodies.
(5) The Council may involve into making preventive and monitoring visits specialists and experts from various areas including lawyers, doctors, psychologists.
(6) The Members of the Council are performing their duties based on principles of independence, impartiality, objectivity and confidentiality.
(7) The Members of the Council have an official pass and enjoy the guarantees for independence and inviolability set for the People’s Advocate.
(8) The resources necessary for the realization of the Council’s duties, to contract specialists and experts are included in a separate budget line, part of the budget of the People’s Advocate Office. The members of the Council, except the members by right, have the right to a remuneration amounting 10% of the average monthlysalary on the economy for each day they did make preventive visits to detention places or took part to the Council meetings.
(9) In its activity, the Council is assisted by a special subdivision from the People’s Advocate Office.

Article 32. Visits to places where are or can be people deprived of their freedom
(1) The Council members chose independently the places which shall be visited and people they are willing to discuss with.
(2) In order to make preventive and monitoring visits isn’t necessary to give a prior notice, nor the permission of any authority.
(3) During the preventive and monitoring visits may be used audio or video devices, with the consent of the individual to be recorded.
(4) Following each visit a report is drawn, including, if necessary proposals and recommendations to improve the situation.

Article 33. The cease of the Council membership
(1) The membership of the Council ceases upon the expiry of the mandate, in case of dismissal, revocation, death or in the case of non-compliance with the conditions provided by Art. 31 Para.(4) letter d) and e).
(2) The Council member may be revoked by the People’s Advocate, with the notice of the Commission for Human Rights and Inter-ethnical Relationships, in the case of non-performance of the conditions provided by Art. 31 Para.(4), in the case of impossibility to perform his/her mandate or, at the request of the Council, for failure or improper performance of duties.
(3) In the case of vacancy of a member of the Council, the People’s Advocate Office organizes the selection process for candidates, complying with the provisions of Art. 31 Para.(3) and (4). The chosen member of the Council is appointed for a new mandate.

Chapter VI
PEOPLE’S ADVOCATE OFFICE

Article 34. People’s Advocate Office
(1) People’s Advocate Office (hereinafter – Office) is subordinated to the People’s Advocate and provides organizational, legal, informational and technical assistance to the People’s Advocate in order for him/her to perform his/her duties.
(2) The Office has a status of a legal entity, has a seal and forms with its name and the image of the State Emblem.
(3) The Regulations for the organization and functioning of the Office are approved by the Parliament.
(4) The Regulations for the interior order of the Office are approved by the People’s Advocate.
(5) In order to provide consultative assistance to the People’s Advocate, in the Office may be hired experts with experience in the area of human rights and freedoms protection and other related areas or may be created expert councils. The operational regulations of the expert councils are approved by the People’s Advocate.
(6) The location of the Office is in the municipality of Chisinau.

Article 35. Secretary General
(1) The Secretary General leads the organizational and administrative activity of the Office. The duties of the Secretary General are provided in the Regulations for the organization and operation of the Office.
(2) In the position of Secretary General may be appointed an individual with a license diploma or its equivalent in law, economy, public administration or management, with a work experience of at least 5 years in one of the respective areas and with no criminal records.
(3) The Secretary General is appointed by the People’s Advocate following a public selection and has a public servant status. The release of duties of the Secretary General, the application of the stimulating and sanctioning measures towards him/her are done by the People’s Advocate.

Article 36. Office staff
(1) The Office staff is comprised of public servants, technical and other staff.
(2) The People’s Advocate may empower the Office staff to act on his/her behalf.
(3) The Office staff can’t be obliged to submit explanation on matters reviewed by the People’s Advocate or under review, can’t be prosecuted or held liable for the actions or opinions expressed during the performance of their work duties.
(4) The Office staff has free access to detention places and unlimited access to any information on the treatment and conditions of detention of the detained persons.
(5) For the public servants holding the positions of control and performing their activity in risk conditions for the health and life, the main salary is increased by two grades for the period of performing the duties.
(6) In his/her activity, the People’s Advocate may be assisted by staff in his own office, in conformity with the provisions of the Law no. 80 from the 7 th of May, 2010, on the status of the staff of the office of responsible public officials.

Article 37. Financial provision of the Office
(1) The Office has its own budget, which is part of the state budget.
(2) The costs of the Office activities for the planning of the annual budget are estimated for at least two next years.
(3) The annual budget of the Office is approved by the Parliament, at the proposal of the People’s Advocate.
The reduction of the approved costs related to the Office activity is allowed only by the Parliament decision.
(4) The Parliament remits to the Government the annual approved budget of the Office for its inclusion into the draft state budget for the respective budget year.
(5) The Office may have other financial sources not prohibited by the Law.
Article 38. Office branches (1) In other municipalities and cities can be open branches of the Office, as territorial subdivisions. The branches are created and liquidated by the decision of the People’s Advocate depending on the place, number of population, specific activities, degree of autonomy.
(2) The tasks and obligations of the Office branches are set in the Regulations approved by the People’s Advocate.

Chapter VII
FINAL AND TRANZITORY PROVISIONS

Article 39
On the date when this Law becomes effective is abrogated the Law no.1349-XIII from the 17th of October, 1997, on the Parliamentary advocates.

Article 40
(1) The Parliamentary advocates appointed in conformity with the Law no.1349-XIII from the 17th of October, 1997, on the parliamentary advocates shall perform their duties up to the expiry of their mandate. The parliamentary advocates whose mandate didn’t expiry on the moment when this Law became effective and at the appointment of the People’s Advocate shall continue their mandate, having competencies set by the present Law for the People’s Advocate Deputies, with the preservation of the main salary in the amount set on the date
when the present law became effective. The working tasks shall be set by the People’s Advocate.
(2) The mandates of the members of the Consultative Council, appointed under the Law no. 1349-XIII from the 17th of October, 1997, on the parliamentary advocates cease by law on the date when the present law became effective.

Article 41
(1) People’s Advocate Office is the successor by right of the Center for Human Rights.
(2) In a 3 month term from the coming into force of the present Law, the Government shall present to the Parliament the draft Regulations for the organization and operation of the People’s Advocate Office and proposals on the update of the current legislation in accordance with the present Law.
(3) In a 6 months term from the coming into force of this Law, the Government shall provide an office for the People’s Advocate Office.

L A W
approving the Regulation for Organization and Operation of the Ombudsman’s Office

No. 164 dated 31.07.2015

Official Gazette No.267-273/504 of 02.10.2015

* * *

For the purpose of enforcing the Law No.52 dated April 3, 2014 on Ombudsman,

The Parliament adopts the present organic law.

Art.1. – (1) To approve:
a) the Regulation for Organization and Operation of the Ombudsman’s Office, according to the Annex;
b) the limit-number of personnel under the Ombudsman’s Office accounting for 65 units.

(2) Upon the motivated proposal of the Ombudsman, the limit-number of personnel under the Ombudsman’s Office may be modified by the Parliament.

Art.2. – To abrogate theParliament Decision No.57-XVI dated March 20, 2008 approving the Regulation of the Center for Human Rights, its structure, staffing and financing modality (Official Gazette of the Republic of Moldova, 2008, No.81, art.276), with subsequent modifications.

Annex

REGULATION
for Organization and Operation of the Ombudsman’s Office

I. GENERAL PROVISIONS

1. The Omdurman’s Office (hereinafter referred to as the Office) shall be organized and shall function in line with the provisions of the Law No. 52 dated April 03, 2014 on Ombudsman and the present Regulation. The Office is an autonomous public authority, which is organizationally, functionally, operationally, and financially independent from any public authority, legal entity, regardless of the ownership type and legal organization form, as well as from any individual, including public officials of any level.

2. The Office is composed from the Ombudsman and his/her deputies, the Ombudsman for Children’s’ Rights, the Secretary General and the personnel of the Office.

3. The Office is subordinated to the Ombudsman and provides organizational, legal, informational, and technical assistance to the Ombudsman for him/her to perform his duties.

4. The Office has the status of legal entity, has a seal and formulation with its name and the State Armory image.

5. The Internal Regulation of the Office shall be approved by the Ombudsman upon the proposal of the Secretary General.

6. The permanent headquarters of the Office is in Chisinau municipality.

II. FUNCTIONS AND RESPONSIBILITIES OF THE OFFICE

7. The Office performs the following main functions:

1) contributes to improving the legislation and the practices in the area of human rights and freedoms;

2) monitors the level of observance of human rights and freedoms by the public authorities, organizations, and enterprises, regardless of the ownership type and legal organization form, by noncommercial organizations and by public officials of any level;

3) contributes to rehabilitation of rights of persons whose rights and freedoms were allegedly violated by the Republic of Moldova;

4) ensures promotion of human rights and freedoms in the society and the information of the general public about the activities of the Ombudsman;

5) ensures the collaboration with the national and international non-commercial organizations in the area of human rights’ and freedoms’ defense and with mass-media;

6) provides assistance for carrying out the duties of the Ombudsman, Ombudsman for Children’s Rights and members of the Council for Torture Prevention.

8. For the purpose of efficient carrying out of the main functions, the Office has the following responsibilities:

1) provides the necessary assistance to the Ombudsman and Ombudsman for Children’s Rights when developing proposals and recommendations for improving the legislation so as to eliminate the causes and conditions creating precondition for violation of human rights and freedoms;

2) develops opinions regarding the compatibility of the national legislation with the international legal tools in the area of human rights and freedoms, regarding the draft normative acts related to human rights and freedoms, and formulates viewpoints upon the request of the Constitutional Court;

3) prepares draft complaints to the Constitutional Court on constitutionality control of the laws and decisions of the Parliament, decrees of the President of the Republic of Moldova, decisions and ordinances of the Government, as well as of international treaties joined by the Republic of Moldova;

4) develops proposals and recommendations for ratification or joining international tools in the area of human rights and freedoms and provides methodological support for ensuring their implementation;

5) accumulates and analyzes information on violation of human rights and freedoms and develops studies or thematic reports on observance of human rights and freedoms;

6) develops and submits to public authorities, organizations, and enterprises, regardless of their ownership types and legal organization form, noncommercial organizations and public officials of any level objections and general proposals securing human rights and freedoms, and improving their activity;

7) monitors the implementation of the legislation in the area of human rights and freedoms;

8) proposes and participates in drafting policy documents preventing violations and securing the observance of human rights and freedoms;

9) analyses the experience and the practice of other states, the caselaw of national and international courts, its own practices, and practices of other subjects with a mandate in the area of promoting and protecting human rights and freedoms, accumulates statistical data;

10) ensures the reception and examination of complainants’ applications, as well as examines the exofficio notifications of the Ombudsman;

11) contributes to solving amiably the conflicts between individuals and public authorities, organizations, and enterprises, regardless of the ownership type and legal organization form, noncommercial organizations, public officials of any level;

12) develops recommendations regarding the measures to be undertaken for immediate rehabilitation of complainant’s rights;

13) ensures the submission of actions to the court and intervenes in the trial with conclusions for the purpose of defending human rights and freedoms;

14) raises society’s awareness through mass-media and other available means in relation to observance of human rights and freedoms;

15) covers in the media the cases of violation of human rights and freedoms;

16) familiarizes the society with the mechanisms for defending human rights and freedoms, contributes to consolidating education in the area of human rights and freedoms and training of professional groups in this area;

17) participates in developing formal and informal educational programs in the area of human rights and freedoms, develops and disseminates informative materials about human rights and freedoms;

18) develops and implements projects together with national and international non-commercial organizations in the area of promotion and protection of human rights and freedoms, as well as with other interested organizations;

19) collaborates with international organizations with duties in the area of promotion and protection of human rights and freedoms, with similar institutions from other states, cooperates with other national and international institutions for the purpose of exchange of experience and implementation of good practices in the area of promotion and protection of human rights and freedoms, and provides specialized assistance in developing external relations of the Ombudsman;

20) organizes and participates in conferences, workshops, round tables, and other meetings in the area of promotion and protection of human rights and freedoms, carried out in the country and abroad;

21) ensures the management of human resources, and implementation of personnel policies;

22) ensures the management of budgetary resources and financial-accounting activity;

23) ensures the management of information resources;

24) performs other functions meant to ensure the full and operative exercise of Ombudsman’s responsibilities.

9. The Ombudsman and his/her deputies, the Ombudsman for Children’s Rights, the Secretary General and the personnel of the Office shall not disclose state secrets and other data and information protected by law, and shall disclose confidential information and personal data that were communicated during their activities, only with the consent of the concerned person. The information, documents and materials accumulated during the examination of the applications submitted by complainants, which conform or infirm the violation of human rights, are confidential and should be protected after the application’s examination as well.

III. ORGANIZATION OF OFFICE ACTIVITIES

Structure of the Office

10. From structural point of view, the Office is composed of the Ombudsman and his/her deputies, the Ombudsman for Children’s Rights, the Secretary General, structural subdivisions with status of divisions, sections, services and territorial branches. The structural subdivisions shall be crated via an administrative act of the Ombudsman.

11. The organizational structure, the staffing plan and the recruitment scheme of the Office shall be approved by the Ombudsman, upon the proposal of the General Secretary, in the established way.

12. The structural subdivisions of the Office work based on their own regulations approved by the Ombudsman.

Office Leadership

13. The general management of the Office shall be performed by the Ombudsman:

1) approves the activity plans of the Office;

2) organizes the system of financial management and control, as well as the internal audit activity;

3) approves the staffing plan of the Office or modifies the staffing plan within the limits of the payroll funds and the limit-number of employees approved by the Parliament, according to the legislation in force;

4) as budget executor, ensures the financial-economic activity of the Office, organizes the development of the draft annual budgets of the Office and ensures their submission to the Parliament, exercises the right to spend from the budget within the limits of approved allocations. The quality of budget executor may be delegated to the Secretary General in the established way;

5) issues, in unipersonal manner, administrative acts within the limits of his/her competence;

6) sets forth the activity areas of his/her deputies;

7) approved the activity regulation of the structural subdivisions of the Office and personnel job descriptions;

8) appoints in public positions, modifies, suspends, and terminates labor relations with the civil servants of the Office under the conditions set in the Law No. 158-XVI dated July 4, 2008 on Public Position and Status of Civil Servant;

9) awards qualification degrees, incentives and applies disciplinary sanctions according to the legislation in force;

10) appoints and dismisses the personnel from his/her own cabinet, according to the legislation in force;

11) employs the technical service personnel and other personnel, modifies, suspends, and terminates the labor relations with them;

12) represents the Office in its relations with the central and local public administration authorities, with other public authorities, with the representatives of civil society, individuals and legal entities from the Republic of Moldova and from abroad;

13) performs other competences attributed to him/her according to the legislation in force.

14. The duties of the Ombudsman for Children’s Rights are regulated in art.17 of theLaw on Ombudsman. The Ombudsman for Children’s Rights shall submit to the Ombudsman proposals related to Office activity planning, development of the draft budget, and reports.

15. While performing his/her duties, the Ombudsman shall issue orders, decisions, dispositions, and other administrative acts.

16. In his/her activity, the Ombudsman shall be assisted by two deputies. In needed, the Ombudsman may delegate to his/her deputies soma of the duties provided in theLaw on Ombudsman, except for the duties specified in art. 26 of the mentioned law.

17. During the temporary absence of the Ombudsman, his/her duties shall be carried out by one of his/her deputies, appointed by the Ombudsman.

18. The duties of the deputies shall be determined by the Ombudsman, depending on the tasks, objectives and strategic directions of the Office activity, modifications may be made during the exercise of the function.

19. The organizational and administrative activity of the Office shall be led by the Secretary General, appointed on competition basis, based on criteria of professionalism, via the order of the Ombudsman.

20. Secretary General:

1) develops and suggest modalities for fulfilling the objectives and the strategic directions of the Office activity;

2) ensures the functional relations and collaboration between the Ombudsman, the Ombudsman for Children’s Rights and the personnel of the Office, the heads of structural subdivisions of the Office, as well as among its internal subdivisions;

3) organizes the human resources’ management system;

4) coordinates and ensures the development of programs, activity plans and reports to be submitted to the Ombudsman;

5) ensures the monitoring and evaluation over the carrying out of objectives and activity strategic directions of the Office, as well as reporting on their implementation;

6) coordinates the activity of the structural subdivisions of the Office for fulfilling the objectives and activity strategic directions;

7) ensures the operative collaboration between the Ombudsman, the Ombudsman for Children’s rights and heads of the structural subdivisions of the Office;

8) organizes the development of the activity regulations of the structural subdivisions, job descriptions, and instructions regulations the specific activity procedures of the Office and submits them for approval, in the established way;

9) presents proposals regarding the structure, staffing plan, and recruitment scheme of the Office;

10) manages the flow of information necessary in the activity of the Ombudsman and Ombudsman for Children’s Rights;

11) ensures the enforcement of the administrative acts of the Ombudsman;

12) ensures control over observance of the deadline set for performing certain tasks by the structural subdivisions of the Office;

13) ensures the development of the draft budget of the Office and submits it for approval to the Ombudsman;

14) ensures collaboration with similar institutions from other states;

15) comes up with recommendations and consults the Ombudsman in matters related to the general management of the Office;

16) signs the correspondence related to his/her area of activity, in the established manner;

17) holds, via delegation, the position of budget executor;

18) organizes the management of the institution’s patrimony and takes measures to ensure its integrity;

19) performs other duties and specific responsibilities assigned by the Ombudsman and Ombudsman for Children’s Rights.

21. While performing the established duties, the Secretary General shall issue orders, decisions, and dispositions.

Office Personnel

22. The Office personnel shall be composed of public servants, personnel employed in the cabinet of the Ombudsman, technical service personnel, and other personnel.

23. In his/her activity, the Ombudsman may be assisted by the personnel employed in his/her own cabinet, according to the provisions of the Law No. 80 dated May 7, 2010 on status of the personnel from cabinets of people with public dignity positions.

24. The Office personnel shall have service cards; the model and the mechanism for approving, issuing, using, and withdrawing the service cards shall be approved by the Ombudsman in line with the internal regulation.

25. The remuneration conditions for the Office personnel shall be established in line with the legislation on salaries in the budgetary sector.

26. The main tasks, duties, rights and responsibilities of the Office personnel shall be established in the job descriptions, which are approved by the Ombudsman.

27. The heads of the structural subdivisions shall be responsible for organizing the activity of the subdivision, establishing the tasks and duties of the personnel working in the respective subdivision, submitting proposals to foster the personnel under subordination, and shall fulfill other duties under their competence via internal acts of the Office.

28. The personnel of the Office shall perform the service duties and function observing the exigencies and standards of professional conduct and labor discipline provided in the legislation in force and in the internal regulation of the Office.

29. The personnel of the Office shall be disciplinary liable under the conditions set in the Law on Public Position and Status of Civil Servant and other normative acts, including for violating the rules for documents’ storage.

30. The organization and fulfilment of secretariat works shall be carried out in line with the provisions of the internal instructions regulating the procedures for working with documents and documents’ flow, approved in the established manner.

31. Subordination and collaboration relations shall be established among the structural subdivisions of the Office. The subordination relations shall reflect the transmission of tasks and the reporting over the way in which they are performed based on the hierarchical structure. The collaboration relations shall be established depending on the tasks and duties set in the present regulation and the activity regulations of the structural subdivisions.

Experts and councils of experts

32. The Office may contract experts with experience in the area of protecting human rights and freedoms, and related areas. The Ombudsman and the Ombudsman for Children’s Rights may empower the experts to act for the purpose of performing some specific tasks for carrying out their mandate.

33. For the purpose of providing consultative assistance to the Ombudsman, councils of experts may be created within the Office.

34. The members of the councils of experts shall have experience in the area of protection of human rights and freedoms, and related areas.

35. The nominal composition and the organizational and functional regulations of the councils of experts shall be approved by the Ombudsman.

36. The councils of experts shall be convened, as needed, by the Ombudsman, the Ombudsman for Children’s Rights and deputies of the Ombudsman.

Office Branches

37. Office branches may be created in other municipalities and cities, as territorial subdivisions.

38. Office branches shall be created and liquidated based on the decision of the Ombudsman, depending on the place, number of population, specific activities, autonomy level, and other factors.

39. The tasks, duties, and jurisdiction of the Office branches shall be established in the regulation approved by the Ombudsman.

40. The personnel of the Office branch, based on a specific mandate, may act on behalf of the Ombudsman, having the following rights:
1) to receive and examine applications related to violation of human rights and freedoms and to contribute to solving amiably conflicts between individuals and public authorities;
2) to verify the observance over compliant performance by public authorities, organizations and enterprises, regardless of the ownership type and legal organization form, non-commercial organizations, and public officials of their duties related to observance of human rights and freedoms;
3) to represent, upon request, individuals or groups of individuals in front of public authorities and courts in complex cases related to human rights and freedoms or in cases of public interest;
4) to act ex-officio in the cases established by the legislation in force;
5) to have free access to all public authorities, to assist during the meetings of their subdivisions, including the meetings of their collective bodies;
6) to have free and immediate access to institutions, organizations, and enterprises, regardless of their ownership type and legal organization form, police inspectorates and detention premises from such inspectorates, penitentiary institutions, criminal investigation remand offices, centers for placing immigrants or asylum seekers, institutions providing social, medical or psychiatric assistance, special education and re-education institutions or curative institutions for reeducation of minors, as well as in other similar institutions;
7) to have unlimited and immediate access, in any moment of the day, to any sector of detention places, to any information regarding the treatment and the detention conditions of the persons deprived of freedom;
8) to invite for hearings and to receive from high-rank officials explanations and necessary information for elucidating the circumstances of the examined case;
9) to have unlimited meetings and confidential conversations, if needed through interpreters, with the person staying in the places specified in sub-point 6), as well as with any person, who in its opinion, could provide useful information about the examined case of violation of human rights or freedoms.

41. The heads of branches shall be responsible for organizing branches’ activity, setting the tasks and service duties for the employed personnel, submitting proposals for motivating the personnel under subordination, managing the patrimony of the branch, and fulfilling other function assigned under their competence via internal acts. The Office is composed from the Ombudsman and his/her deputies, the Ombudsman for Children’s’ Rights, the Secretary General and the personnel of the Office.

-officio in the cases established by the legislation in force;
5) to have free access to all public authorities, to assist during the meetings of their subdivisions,
including the meetings of their collective bodies;
6) to have free and immediate access to institutions, organizations, and enterprises, regardless of their
ownership type and legal organization form, police inspectorates and detention premises from such
inspectorates, penitentiary institutions, criminal investigation remand offices, centers for placing
immigrants or asylum seekers, institutions providing social, medical or psychiatric assistance, special
education and re-education institutions or curative institutions for reeducation of minors, as well as in
other similar institutions;
7) to have unlimited and immediate access, in any moment of the day, to any sector of detention places,
to any information regarding the treatment and the detention conditions of the persons deprived of
freedom;
8) to invite for hearings and to receive from high-rank officials explanations and necessary information
for elucidating the circumstances of the examined case;
9) to have unlimited meetings and confidential conversations, if needed through interpreters, with the
person staying in the places specified in sub-point 6), as well as with any person, who in its opinion,
could provide useful information about the examined case of violation of human rights or freedoms.

41. The heads of branches shall be responsible for organizing branches’ activity, setting the tasks and
service duties for the employed personnel, submitting proposals for motivating the personnel under
subordination, managing the patrimony of the branch, and fulfilling other function assigned under their competence via internal acts.

Principles relating to the Status of National Institutions (The Paris Principles)
Competence and responsibilities

1. A national institution shall be vested with competence to promote and protect human rights.

2. A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence.

3. A national institution shall, inter alia, have the following responsibilities:

(a) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicize them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas:

(b) To promote and ensure the harmonization of national legislation, regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation;

(c) To encourage ratification of the above-mentioned instruments or accession to those instruments, and to ensure their implementation;

(d) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence;

(e) To cooperate with the United Nations and any other orgnization in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the areas of the protection and promotion of human rights;

(f) To assist in the formulation of programmes for the teaching of, and research into, human rights and to take part in their execution in schools, universities and professional circles;

(g) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by increasing public awareness, especially through information and education and by making use of all press organs.

Composition and guarantees of independence and pluralism

1. The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:

(a) Non-governmental organizations responsible for human rights and efforts to combat racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists;

(b) Trends in philosophical or religious thought;

(c) Universities and qualified experts;

(d) Parliament;

(e) Government departments (if these are included, their representatives should participate in the deliberations only in an advisory capacity).

2. The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence.

3. In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution’s membership is ensured.

Methods of operation

Within the framework of its operation, the national institution shall:

(a) Freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner,

(b) Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence;

(c) Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations;

(d) Meet on a regular basis and whenever necessary in the presence of all its members after they have been duly concerned;

(e) Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions;

(f) Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible for the promotion and protection of human rights (in particular, ombudsmen, mediators and similar institutions);

(g) In view of the fundamental role played by the non-governmental organizations in expanding the work of the national institutions, develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.

Additional principles concerning the status of commissions with quasi-jurisdictional competence

A national institution may be authorized to hear and consider complaints and petitions concerning individual situations. Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations. In such circumstances, and without prejudice to the principles stated above concerning the other powers of the commissions, the functions entrusted to them may be based on the following principles:

(a) Seeking an amicable settlement through conciliation or, within the limits prescribed by the law, through binding decisions or, where necessary, on the basis of confidentiality;

(b) Informing the party who filed the petition of his rights, in particular the remedies available to him, and promoting his access to them;

(c) Hearing any complaints or petitions or transmitting them to any other competent authority within the limits prescribed by the law;

(d) Making recommendations to the competent authorities, especially by proposing amendments or reforms of the laws, regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights.

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EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)

PRINCIPLES
ON THE PROTECTION AND PROMOTION
OF THE OMBUDSMAN INSTITUTION
(“THE VENICE PRINCIPLES”)

Adopted by the Venice Commission
at its 118th Plenary Session
(Venice, 15-16 March 2019)

Endorsed by the Committee of Ministers
at the 1345th Meeting of the Ministers’ Deputies
(Strasbourg, 2 May 2019)

on the basis of comments by

Ms Lydie ERR (Member, Luxembourg)
Mr Jan HELGESEN (Member, Norway)
Mr Johan HIRSCHFELDT (Substitute Member, Sweden)
Mr Jørgen Steen SØRENSEN (Member, Denmark)
Mr Igli TOTOZANI (Expert, Albania)

PRINCIPLES
ON THE PROTECTION AND PROMOTION
OF THE OMBUDSMAN INSTITUTION
(The Venice Principles)

The European Commission for Democracy through Law
(“the Venice Commission”)

Noting that there are presently Ombudsman Institutions in more than 140 States, at the
national, regional or local level, with different competences;
Recognising that these Institutions have adapted into the legal and political system of the
respective States;
Noting that the core principles of the Ombudsman Institution, including independence,
objectivity, transparency, fairness and impartiality, may be achieved through a variety of
different models;
Emphasising that the Ombudsman is an important element in a State based on democracy,
the rule of law, the respect for human rights and fundamental freedoms and good
administration;
Emphasising that long-standing constitutional traditions and a mature constitutional and
democratic political culture constitute an enabling element to the democratic and legal
functioning of the Ombudsman Institution;
Emphasising that the Ombudsman plays an important role in protecting Human Rights
Defenders;
Emphasising the importance of national and international co-operation of Ombudsman
Institutions and similar institutions;
Recalling that the Ombudsman is an institution taking action independently against
maladministration and alleged violations of human rights and fundamental freedoms
affecting individuals or legal persons;
Stressing that the right to complain to the Ombudsman is an addition to the right of access to justice through the courts;
Stating that governments and parliaments must accept criticism in a transparent system
accountable to the people;
Focusing on the commitment of the Ombudsman to call upon parliaments and governments
to respect and promote human rights and fundamental freedoms, such a role being of
utmost importance especially during periods of hardship and conflicts in society;

Expressing serious concern with the fact that the Ombudsman Institution is at times under
different forms of attacks and threats, such as physical or mental coercion, legal actions
threatening immunity, suppression reprisal, budgetary cuts and a limitation of its mandate;

Recalling that the Venice Commission, on different occasions, has worked extensively on
the role of the Ombudsman;

Referring to the Recommendations of the Committee of Ministers of the Council of Europe R
(85) 13 on the institution of the Ombudsman, R (97)14 on the establishment of independent
national institutions for the promotion and protection of human rights, R (2000)10 on codes
of conduct for public officials, CM/Rec(2007)7 on good administration, CM/Rec(2014)7 on
the protection of whistle-blowers and CM/Rec(2016)3 on human rights and business; to the
Recommendations of the Parliamentary Assembly of the Council of Europe 757 (1975) and
1615 (2003) and in particular its Resolution 1959 (2013); as well as to Recommendations
61(1999), 159 (2004), 309(2011) and Resolution 327 (2011) of the Congress of Local and
Regional Authorities of the Council of Europe; to ECRI General Policy Recommendation No.
2: Equality bodies to combat racism and intolerance at national level, adopted on 7
December 2017;

Referring to United Nations General Assembly Resolution 48/134 on the principles relating
to the status of national institutions for the promotion and protection of human rights (“the
Paris Principles”) of 20 December 1993, Resolution 69/168 of 18 December 2014 and
Resolution 72/186 of 19 December 2017 on the role of the Ombudsman, mediator and other
national human rights institutions in the promotion and protection of human rights,
Resolution 72/181 of 19 December 2017 on National institutions for the promotion and
protection of human rights, the Optional Protocol to the Convention against Torture and
other Cruel Inhuman or Degrading Treatment or Punishment, adopted by the General
Assembly on 18 December 2002, the Convention on the Rights of Persons with Disabilities
adopted by the General Assembly on 13 December 2006;

After having consulted the United Nations Human Rights Office of the High Commissioner,
the UN Special Rapporteur on the situation of human rights defenders, the Council of
Europe Commissioner for Human Rights and the Steering Committee for Human Rights of
the Council of Europe (CDDH), the OSCE Office for Democratic Institutions and Human
Rights (OSCE/ODIHR), the European Union Agency for Fundamental Rights, the European
Ombudsman of the European Union, the International Ombudsman Institute (IOI), the
Association of Mediterranean Ombudsmen (AOM), the Association of Ombudsman and
Mediators of the Francophonie (AOMF), the Federation of Ibero-American Ombudsman
(FIO), the European Network of National Human Rights Institutions (ENNHRI);

has, at its 118th Plenary Session (15-16 March 2019), adopted these Principles
on the Protection and Promotion of the Ombudsman Institution (“the Venice
Principles”)

1. Ombudsman Institutions have an important role to play in strengthening democracy, the
rule of law, good administration and the protection and promotion of human rights and
fundamental freedoms. While there is no standardised model across Council of Europe
Member States, the State shall support and protect the Ombudsman Institution and refrain
from any action undermining its independence.

2. The Ombudsman Institution, including its mandate, shall be based on a firm legal
foundation, preferably at constitutional level, while its characteristics and functions may be
further elaborated at the statutory level.

3. The Ombudsman Institution shall be given an appropriately high rank, also reflected in the
remuneration of the Ombudsman and in the retirement compensation.
CDL-AD(2019)005

4. The choice of a single or plural Ombudsman model depends on the State organisation, its
particularities and needs. The Ombudsman Institution may be organised at different levels
and with different competences.

5. States shall adopt models that fully comply with these Principles, strengthen the institution
and enhance the level of protection and promotion of human rights and fundamental
freedoms in the country.

6. The Ombudsman shall be elected or appointed according to procedures strengthening to
the highest possible extent the authority, impartiality, independence and legitimacy of the
Institution.
The Ombudsman shall preferably be elected by Parliament by an appropriate qualified
majority.

7. The procedure for selection of candidates shall include a public call and be public,
transparent, merit based, objective, and provided for by the law.

8. The criteria for being appointed Ombudsman shall be sufficiently broad as to encourage a
wide range of suitable candidates. The essential criteria are high moral character, integrity
and appropriate professional expertise and experience, including in the field of human rights
and fundamental freedoms.

9. The Ombudsman shall not, during his or her term of office, engage in political,
administrative or professional activities incompatible with his or her independence or
impartiality. The Ombudsman and his or her staff shall be bound by self-regulatory codes of
ethics.

10. The term of office of the Ombudsman shall be longer than the mandate of the appointing
body. The term of office shall preferably be limited to a single term, with no option for reelection; at any rate, the Ombudsman’s mandate shall be renewable only once. The single
term shall preferably not be stipulated below seven years.

11. The Ombudsman shall be removed from office only according to an exhaustive list of
clear and reasonable conditions established by law. These shall relate solely to the essential
criteria of “incapacity” or “inability to perform the functions of office”, “misbehaviour” or
“misconduct”, which shall be narrowly interpreted. The parliamentary majority required for
removal – by Parliament itself or by a court on request of Parliament- shall be equal to, and
preferably higher than, the one required for election. The procedure for removal shall be
public, transparent and provided for by law.

12. The mandate of the Ombudsman shall cover prevention and correction of
maladministration, and the protection and promotion of human rights and fundamental
freedoms.

13. The institutional competence of the Ombudsman shall cover public administration at all
levels.
The mandate of the Ombudsman shall cover all general interest and public services
provided to the public, whether delivered by the State, by the municipalities, by State bodies
or by private entities.
The competence of the Ombudsman relating to the judiciary shall be confined to ensuring
procedural efficiency and administrative functioning of that system.

14. The Ombudsman shall not be given nor follow any instruction from any authorities.

15. Any individual or legal person, including NGOs, shall have the right to free, unhindered
and free of charge access to the Ombudsman, and to file a complaint.

16. The Ombudsman shall have discretionary power, on his or her own initiative or as a
result of a complaint, to investigate cases with due regard to available administrative
remedies. The Ombudsman shall be entitled to request the co-operation of any individuals or organisations who may be able to assist in his or her investigations. The Ombudsman shall have a legally enforceable right to unrestricted access to all relevant documents, databases and materials, including those which might otherwise be legally privileged or confidential.
This includes the right to unhindered access to buildings, institutions and persons, including
those deprived of their liberty.

The Ombudsman shall have the power to interview or demand written explanations of
officials and authorities and shall, furthermore, give particular attention and protection to
whistle-blowers within the public sector.

17. The Ombudsman shall have the power to address individual recommendations to any
bodies or institutions within the competence of the Institution. The Ombudsman shall have
the legally enforceable right to demand that officials and authorities respond within a
reasonable time set by the Ombudsman.

18. In the framework of the monitoring of the implementation at the national level of ratified
international instruments relating to human rights and fundamental freedoms and of the
harmonization of national legislation with these instruments, the Ombudsman shall have the
power to present, in public, recommendations to Parliament or the Executive, including to
amend legislation or to adopt new legislation.

19. Following an investigation, the Ombudsman shall preferably have the power to challenge
the constitutionality of laws and regulations or general administrative acts.

The Ombudsman shall preferably be entitled to intervene before relevant adjudicatory bodies and courts.

The official filing of a request to the Ombudsman may have suspensive effect on time-limits
to apply to the court, according to the law.

20. The Ombudsman shall report to Parliament on the activities of the Institution at least
once a year. In this report, the Ombudsman may inform Parliament on lack of compliance by
the public administration. The Ombudsman shall also report on specific issues, as the

Ombudsman sees appropriate. The Ombudsman’s reports shall be made public. They shall
be duly taken into account by the authorities.

This applies also to reports to be given by the Ombudsman appointed by the Executive.

21. Sufficient and independent budgetary resources shall be secured to the Ombudsman
institution. The law shall provide that the budgetary allocation of funds to the Ombudsman
institution must be adequate to the need to ensure full, independent and effective discharge
of its responsibilities and functions. The Ombudsman shall be consulted and shall be asked
to present a draft budget for the coming financial year. The adopted budget for the institution shall not be reduced during the financial year, unless the reduction generally applies to other State institutions. The independent financial audit of the Ombudsman’s budget shall take into account only the legality of financial proceedings and not the choice of priorities in the execution of the mandate.

22. The Ombudsman Institution shall have sufficient staff and appropriate structural
flexibility. The Institution may include one or more deputies, appointed by the Ombudsman.
The Ombudsman shall be able to recruit his or her staff.

23. The Ombudsman, the deputies and the decision-making staff shall be immune from legal
process in respect of activities and words, spoken or written, carried out in their official
capacity for the Institution (functional immunity). Such functional immunity shall apply also
after the Ombudsman, the deputies or the decision-making staff-member leave the
Institution.

24. States shall refrain from taking any action aiming at or resulting in the suppression of the
Ombudsman Institution or in any hurdles to its effective functioning, and shall effectively
protect it from any such threats.

25. These principles shall be read, interpreted and used in order to consolidate and strengthen the Institution of the Ombudsman. Taking into consideration the various types, systems and legal status of Ombudsman Institutions and their staff members, states are encouraged to undertake all necessary actions including constitutional and legislative adjustments so as to provide proper conditions that strengthen and develop the Ombudsman Institutions and their capacity, independence and impartiality in the spirit and in line with the Venice Principles and thus ensure their proper, timely and effective implementation.