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Provisions of Law on People’s Ombudsman run counter to international standards


https://www.ipn.md/en/provisions-of-law-on-peoples-ombudsman-run-counter-to-7967_1009127.html

The bill on the people’s ombudsman contains provisions that run counter to the international standards. Before being debated in Parliament, it must be improved, said the Center for the Analysis and Prevention of Corruption (CAPC).

The bill provides for the modification of the notion of parliamentary ombudsman into the people’s ombudsman and envisions the reformation of the Human Rights Center into the Office of the People’s Ombudsperson that will include a Council for Combating Torture.

In a news conference at IPN, lawyer Vitalie Zama, who appraised the legislative initiative, said that these provisions are appropriate, but there are a number of faults. Under the bill, the people’s ombudsman has the right to represent persons in courts. But the international standards provide that the people’s ombudsman plays the role of mediator and supervises the functioning of justice, but does not become involved in lawsuits.

Vitalie Zama also said that the bill proposes reducing the number of people’s ombudsmen from four to one, with two deputies. The ombudsman will be selected at a public contest organized by a parliamentary commission and will be confirmed by the parliamentary majority. The selected ombudsman, for his part, will be able to hold a contest to choose two deputies who will be confirmed by Parliament. The expert said the people’s ombudsman may this way select deputies loyal to him. Thus, the deputies must also be selected by the special commission.

CAPC president Galina Bostan said the changes that will be made will have positive effects, but it’s not known how transparent the selection contest will be. Now the ombudsman’s institution is not very visible and efficient and the proposed modifications should improve the situation.

The Center will also appraise other bills, including the bill on dwellings. The activity forms part of the project “Vulnerability expertise of draft normative acts in terms of human rights” that is financially supported by the Civil Rights Defenders of Sweden.