Preventive detention endangers human lives

The excessive and unjustified use of preventive detention and the problem of ensuring of medical assistance in penitentiaries continue to be very serious problems in the Republic of Moldova. The preventive detention measure is excessively applied in the country even if the legislation stipulates also alternative, not less efficient measures. This is the finding of experts of “Promo-LEX” Association, who, in a news conference on April 20, presented the case of plaintiff Sergey Cosovan, who revealed a number of old problems existing both in the judiciary system and in the penitentiary system, IPN reports.

The experts said that on March 29 this year, the European Court of Human Rights urgently communicated the complaint of Sergey Cosovan submitted by “Promo-LEX” on March 20. The Court ordered to examine this case as a matter of urgency and then requested the Government of Moldova to present its observations over the complaint. The Court formulated questions about the way in which the preventive detention of the person was ordered and if the person was offered the appropriate medical assistance.

According to “Promo-LEX”, Sergey Cosovan, who is in detention, risks dying in penitentiary as he suffers from terminal hepatic cirrhosis. Even if these serious diseases are confirmed by documents dating from September 28, 2017, the detention period continues to be extended by the court. Despite the confirmed serious diseases, the authorities do not show increased diligence to save his life.

The experts noted this shows that the excessive and unjustified use of preventive detention and the ensuring of medical assistance in penitentiaries continue to be very serious problems in the Republic of Moldova. According to “Promo-LEX”, about 90% of the requests to apply preventive detention made by prosecutors are accepted by the court. The requests to extend the preventive detention are accepted in a similar percentage. The practice of applying continuous arrest is not based on a legal framework that would ensure appropriate medical assistance for persons in detention.

The Association also makes reference to the information provided by the Department of Penitentiary Institutions, according to which the penitentiary system experiences a shortage of medical staff in relation to the number of persons held in jails. Almost 8,000 persons are held in penitentiaries in Moldova, while the health professionals in the system number slightly over 200.