People’s ombudsman should more often demand that human rights be observed, opinion

The people’s ombudsman should more often demand in public that the human rights be observed, not only once a year, when presenting a relevant report, said the director of the Human Rights Program of “Promo-LEX” Association Alexandru Postica. The expert has told IPN it is worrisome that the ombudsman’s report, which was made public in the April 4 meeting of the competent parliamentary commission, contains summary information about the observance of human rights on the left side of the Nistru, even if it was demonstrated that a series of human rights violations committed in the security zone cannot be ignored. These include the use of torture in inhuman detention conditions, violation of freedom and non-ensuring of the safety of persons who live in the zone.

“In the course of 2017, there were pronounced seven ECHR judgments that highlight the major deficiencies that appear in the system for promoting and defending human rights in the Transnistrian region,” stated Alexandru Postica. According to the expert of “Promo-LEX”, they try to limit the powers of the ombudsperson in the Transnistrian region by non-involvement in the negotiation process. The most serious here is the fact that the ombudsperson censures himself. But the more active engagement of the people’s ombudsman can help the population from the left side of the Nistru. “We do not see how the work of the ombudsperson can affect the Transnistrian conflict settlement process. We consider the ombudsperson should investigate more and make a more consistent effort to ensure the observance of human rights,” noted the expert.

As to the situation on the right side of the Nistru, the director of the Human Rights Program of “Promo-LEX” Association said things in justice have worsened. The arrests are applied abusively. Arresting or detaining persons for making them admit guilt became an ordinary practice. The case of Andrei Braguta, who died in penitentiary, obliges the institution of the people’s ombudsperson to work more efficiently on the prevention segment. The post factum documentation of cases of use of torture is not sufficient.

Alexandru Postica also said that he didn’t find an analysis of the phenomenon of domestic violence in the ombudsman’s report, but many such cases shocked society in 2017. The report also made no reference to the specialty reports of other human rights organizations that revealed a number of shortcomings.

According to the ombudsman’s report, the rights to life and to physical and mental integrity, the access to justice, the right to health and the right to social protection were most often violated in Moldova in 2017.

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