Punishment for police officers who use torture is too mild, CHDOM

The Helsinki Committee for Human Rights in Moldova (CHDOM) considers the punishment imposed on police officers who use torture is too mild and the laws should be toughened up. Contacted by Info-Prim Neo, the head of the Legal-Penal Division of the Prosecutor General’s Office Vladimir Adam said that about 40 criminal cases started against policemen who used torture were sent to court in 2011. In only two or at most three cases, the police officers got real punishment, i.e. up to five years in prison. The others were given suspended sentences. CHDOM executive director Teo Cirnat has told Info-Prim Neo that the punishments should be made harsher so as to liquidate or at least reduce this phenomenon. Those who use torture should be sentenced to even 10-15 years behind bars. Teo Cirnat said that before passing judgment, the judge takes into account the attenuating and aggravating circumstances. In most of the cases, the court gives suspended sentences when the culprit does not have a criminal record. “When the policemen used torture and the offense was committed for the first time, they take into account that the torture or the inhuman and degrading treatment was used against a person with the aim of discovering another offense. The judge considers this an attenuating circumstance and the punishment is milder than against other persons who committed offenses in other situations,” said Teo Cirnat. Another aspect is related to the human nature. The policemen and the prosecutors as well as the judges usually are very lenient with the colleagues who hold or held state posts. “The prosecutor and the judge can also find themselves in such situations and they do not want to give a bad example and set a precedent,” said the executive director of CHDOM. Teo Cirnat considers that justice is not done when suspended sentences are given. Most of the times, those who were subjected to torture or inhuman treatment are not satisfied with the sentence and appeal it to a higher court.

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