The Constitutionals Court confirmed the constitutionality of the amnestying of women with children younger than eight, not yet of fathers. The author of the challenge said the disputed provisions enable mothers with children younger than eight to benefit from release from jail, not yet the fathers with small children, so as to be able to look after the kids. Both of the categories are in similar situations and this is unjustified differentiated treatment, IPN reports.
In a press release, the Constitutional Court said it ascertained that according to the data published by the National Bureau of Statistics at the start of 2008, the number of male detainees was by about 95% higher than of female detainees. The giving of the right to amnesty to all the fathers with children younger than eight, including those who committed serious offenses, will provide for the release from jail of a very larger number of prisoners. The release of a large number of persons who didn’t serve their sentences, some of whom can be dangerous, could generate a feeling of disquiet among the people as to public safety.
In such circumstances, the Court held that it would be very difficult if not impossible for Parliament to set free fathers based on the same reasons as those used in the case of mothers. This way, the release from jail of mothers with children aged under eight, not yet of fathers, is based on an objective and reasonable motive.
The exception of unconstitutionality was raised by Sergiu Cojocaru as part of a criminal case pending at the Chisinau City Court.
