The law firm “Popa and Associates” says the Department of Penitentiary Institutions’ declaration saying that Vlad Filat asked to be transferred to another cell, to which a number of media outlets made reference, is not true. Neither Vlad Filat nor his lawyers made such a request. In a press release, the law firm says the administration of Penitentiary No. 13 didn’t communicate the reasons and motives of the transfer. Moreover, Vlad Filat was transferred to a cell without proper ventilation, where, as he said, his roommates smoke intensely and his health is affected. On the other hand, the Department of Penitentiary Institutions said it ordered an internal inquiry to see how the detention conditions of the accused Vlad Filat are respected after his lawyers complained about the inappropriate detection conditions of their client, including smoking in the cell and lack of ventilation, IPN reports.
“The way in which the administration of Penitentiary No. 13 and the Department of Penitentiary Institutions acted lead to the conclusion that the actions taken by these institutions run counter to Article 3 of the European Convention on Human Rights, which prohibits torture, and to Article 5 of the Universal Declaration Human Rights, which provides that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. We class the actions of the two institutions as degrading and inhuman treatment against Mister Filat,” says the press release.
The lawyers also say that under the Recommendation of the Committee of Ministers of the Council of Europe of January 11, 2006, the allocation to prison shall take into account the requirements of continuing criminal investigations, safety and security and the need to provide appropriate regimes for all prisoners. Given the political activity of Vlad Filat, the lawyers are concerned about the negative effects of these actions on the MP’s safety.
As to the intention to submit a complaint to the ECHR, the lawyers said they haven’t yet received the motivated decision of the Chisinau Appeals Court and cannot yet file the complaint. In this case, a number of violations of the European Convention on Human Rights were witnessed after the Appeals Court passed judgment. Given that the new Regulations of the Court bans supplementing the already submitted application, Vlad Filat’s lawyers say they are obliged to document all the facts in accordance with the admissibility requirements of the Court before submitting the complaint.
The Department of Penitentiary Institutions noted that so far the accused Vlad Filat filed no complaint to show his dissatisfaction with the detention place and didn’t notify the prosecutor responsible for the inspection of detention places. According to the Department, the detainee was transferred to another cell following complaints from other detainees, who said that they do not have access to the room intended for meetings with relatives because Vlad Filat was placed there on a temporary basis.