The national mechanisms that regulate the status of foreigners are centered on the identification of reasons for distancing foreigners from Moldova, not on the ensuring of their protection. The national legislation does not offer guarantees to asylum seekers, while the administrative bodies often abuse their powers, says a study carried out by the Ombudsman’s Office in cooperation with the Lawyers’ Law Center, IPN reports.
According to the study, the faults of the national legislation allow taking foreigners back to areas where they risk being subject to torture, inhuman and degrading treatment. The legal provisions on the status and regime of foreigners and the commitments undertaken by ratifying international treaties in this regard are not observed. The Border Police use different measures to detain foreigners at the border. The principle of non-refoulement according to the Geneva Convention is not always respected and Moldova can be thus accused of violating the accord.
The study shows that the largest number of violations are committed at the border crossing point “Chisinau International Airport”. The applications for asylum are most of the times ignored and no access is offered to asylum procedures. The persons are returned immediately or are detained on the airport’s territory for a longer period.
Lawyers’ Law Center executive director Oleg Palii, co-author of the study, said the Administrative Code took effect on April 1 this year. Almost five months have passed since then, but the border legislation and the legislation on foreigners haven’t been yet adjusted to the requirements of the Code. The adjustment of the legislative and normative framework would eliminate some of the identified shortcomings.
Ombudsman Mihai Cotorobai said the expulsion of the Turkish teachers last September was the apogee of the serious violations of the national and international legislation on the status and regime of foreigners on the territory of a state. As regards the protection of foreign citizens, the Moldovan authorities take measures to swifter get rid of these by different methods, not to offer them assistance.
The study of the observance of the rights of foreigners in state custody was launched on the eve of the International Migrants Day that is marked on December 18.
