The special report, issued by the People’s Advocate, highlights a case that raises questions about ensuring the rights of individuals in state custody and the standards applied to the forced collection of biological samples.
The ten-month investigation (February 7, 2024 – November 30, 2024) focused on a case where a detainee from Penitentiary No. 13 in Chișinău was subjected to the forced collection of biological samples without access to a lawyer and under conditions that led to multiple bodily injuries. This case highlights gaps in the application of legal procedures, respect for fundamental rights, and challenges in reporting and investigating such situations.
On February 6, 2024, the detainee I.I. was escorted from the penitentiary for a forced collection of biological samples based on a court order. Upon return to the penitentiary, he presented multiple bodily injuries and reported being physically assaulted by officers of the Special Destination Police Brigade “Fulger”. Based on this information and subsequent complaints, the People’s Advocate initiated a detailed investigation to examine the legality and proportionality of the authorities’ actions.
The investigation included:
- detailed documentation of the case circumstances by requesting and analyzing official information from the involved institutions, including the “Fulger” Brigade, the Prosecutor’s Office, the Forensic Medicine Center, and Penitentiary No. 13;
- analysis of international standards and national legislation on the prevention of torture and the protection of persons in state custody;
- evaluation of reports submitted by the involved officers and of relevant medical documentation;
- formulation of findings and recommendations to prevent such situations in the future.
Following the investigation, the report highlighted the following aspects:
- lack of comprehensive regulations that meet international standards regarding the forced collection of biological samples in a criminal case;
- excessive force: the procedure was marked by disproportionate use of force, resulting in serious injuries;
- violated rights: the detainee did not have legal assistance, thus the right to defense being infringed;
- gaps in reporting: the case was not promptly reported, delaying the initiation of an effective investigation.
The report issued by the People’s Advocate emphasizes the need to respect the dignity and rights of every individual, regardless of their status. The actions documented in this case contradict not only national legislation but also international standards on the prevention of torture and maltreatment.
This case reminds us of the importance of state institutions acting with transparency, professionalism, and respect for human rights. The prevention of torture and any form of degrading treatment must be an absolute priority.
On December 27, 2024, the Ombudsman, Ceslav Panico, submitted 30 recommendations to the authorities, including:
- to ensure access to a lawyer at all stages of judicial procedures;
- to develop standards/regulations on the forced collection of biological samples in a criminal case;
- to adopt non-violent and proportionate methods in the process of collecting biological samples;
- to implement efficient mechanisms for reporting and investigating cases of abuse.
This report represents an essential tool for improving the institutional practices of law enforcement entities and preventing human rights violations.
The People’s Advocate will continue to monitor the case and remain open to collaboration with responsible authorities to implement the recommendations and prevent such cases in the future.
For details and additional information, contact the Department of Prevention of Torture within the People’s Advocate Office:
(+373) 60002641
The full report is available here: https://ombudsman.md/post-document/alegatii-de-tortura-in-scopul-prelevarii-fortatea-probelor-biologice-intr-o-cauza-penala/
