Police occasionally used unnecessary or excessive force during street protests. A number of high-profile cases of criminal prosecution prompted concern about unfair trials, including selective justice. The media remained largely free albeit less pluralistic than in previous years. No progress was made to address structural causes of impunity for torture and other ill-treatment. Overcrowding and poor conditions prevailed in some penitentiary institutions. Laws allowed forced detention and non-consensual administration of treatment to people with disabilities in psychiatric institutions.

Background

A sense of impotence in the face of corruption and deteriorating living standards continued to define the political climate, prompting popular discontent and sporadic protests. Rumours of political meddling by a prominent oligarch, following the sudden arrest of former Prime Minister Vladimir Filat in October 2015, prompted some of the large street protests. Relative political stability was achieved in January, through opaque backstage party deals, leading to the appointment of the new Prime Minister. The Constitutional Court ruled on 3 March that the country’s President should be elected by direct popular vote, leading to the first direct presidential election since 1996, on 30 October (with a second round on 13 November).

Freedom of assembly

Demonstrations in the capital Chişinău and elsewhere remained peaceful, except for some minor clashes between protesters and police. The police response, although generally restrained, occasionally involved unnecessary or excessive use of force, including tear gas and batons.

The trial continued of the seven “Petrenco group” protesters (for trying to force their way into the Prosecutor’s Office during a demonstration on 6 September 2015), with six of them spending over six months in detention and all charged with “attempting to organize mass disturbances”. Following much criticism in Moldova and internationally, the six detained defendants were placed under house arrest on 22 February and released one month later under travel restrictions.

Unfair trials

The case against the “Petrenco group” and a number of other criminal prosecutions prompted concerns about political bias.

Following eight months of detention, on 27 June Vladimir Filat was found guilty of “passive corruption” and “benefiting from [his] influence” in relation to fraud in 2014 that cost the National Bank over a third of its reserves, and sentenced to nine years’ imprisonment. His closed trial left more questions than answers, including over the lack of investigation against any other politicians. His defence appealed against the verdict and claimed that there were procedural violations and lack of equality of arms between the parties. The latter was officially denied, but because of the closed proceedings, neither claim could be independently verified. During the hearing, Vladimir Filat reportedly went on hunger strike for 20 days and once lost consciousness in the courtroom.

Freedom of expression – media

While media freedom was generally respected, concerns over independence persisted in light of the concentration of ownership in the hands of a few individuals. At least two prominent critical journalists complained of anonymous threats. In August, a bullet was fired into the window of Constantin Cheianu’s daughter’s flat. The journalist had received text messages warning that he “will be stopped” if he carried on writing about the oligarchic system. TV presenter Natalia Morari reported receiving similar warnings from a source which she described as credible. Both journalists filed official complaints with the authorities.

Torture and other ill-treatment

No progress was made to address structural causes of impunity for torture and other ill-treatment, while the prosecution of alleged perpetrators remained extremely rare. Between January and June, 331 people complained to the Prosecutor’s Office about torture and other ill-treatment. Out of 19 torture-related cases in which courts gave decisions, 15 resulted in convictions but only two out of the 18 defendants convicted received custodial sentences.

Vladimir Filat’s family and lawyer repeatedly alleged that he was ill-treated, including by being placed in solitary confinement where they said conditions amounted to torture. This once again shone a light on Penitentiary Institution no. 13 in Chişinău, which had been criticized by independent monitors in previous years. All requests for an independent visit to Filat, including by Amnesty International, were refused, even after his conviction. However, Amnesty International visited the institution and confirmed that while conditions had visibly improved in some cells (improvements usually sponsored by inmates’ families), overcrowding and poor sanitary and hygiene conditions prevailed in others.

In June, the European Committee for the Prevention of Torture reported on its September 2015 visit to Moldova. It noted progress since 2011, but there were still concerns about excessive force by police during arrest, ill-treatment of detainees during “preliminary questioning”, and overcrowding of “disturbing proportions” in some prisons.

Legal, constitutional or institutional developments

Changes to the Criminal Procedure Code came into force on 26 May, introducing stronger safeguards against arbitrary use of pre-trial detention and requiring non-custodial alternatives wherever possible.

Rights of lesbian, gay, bisexual, transgender and intersex people

The biggest-ever Pride march took place on 22 May in Chişinău, involving around 300 participants. Some counter-demonstrators attempted to assault LGBTI rights activists. The police provided an effective cordon but decided to evacuate the participants by bus just before the march reached its final destination.

Discrimination – people with disabilities

The UN Special Rapporteur on the rights of persons with disabilities asked the government to urgently end the institutionalization of people with disabilities in psychiatric and psycho-neurological residential institutions. Various laws allow the forced detention and non-consensual administration of psychiatric treatment for people with disabilities as well as the non-consensual termination of pregnancies on the grounds of psychosocial or intellectual impairment.