People’s Ombudsman Mihail Cotorobai continues to monitor the case concerning the aggression of David Davitean who is held in Penitentiary No. 13 in Chisinau. After receiving formal answers from the authorities responsible for the investigation of this case, the ombudsman decided to request the Ministry of Justice to instruct the National Penitentiary Administration to open an internal inquiry into the actions or inaction of representatives of Penitentiary No. 13 in whose custody the aggressed person is, IPN reports.
The case attracted the ombudsman’s attention on June 22, 2018 following a complaint from parents. The same day, employees of the People’s Ombudsman paid a fact-finding visit to Penitentiary No. 13 where they had a meeting with David Davitean. When visually examining the detainee, they saw this had ecchymoses and wounds on the face and back and his hands were swollen. The ombudsman made approaches to the Prosecutor General’s Office and the Chisinau City Prosecutor’s Office so that these investigate the case and take the required measures.
The ombudsman requested the National Penitentiary Administration to bring disciplinary or legal proceedings against persons with responsible posts whose actions or inaction generated the violation of the detainee’s right to physical and mental integrity. Mihail Cotorobai also asked to immediately take measures to ensure Davitean’s right to appropriate medical assistance.
On July 4, the ombudsman received a response form the Chisinau City Prosecutor’s Office and the National Penitentiary Administration. The first informed him that after examining the evidence existing in this case, it decided not to take legal action given the absence of the elements of an offense.
National Penitentiary Administration acting director Aureliu Suhan furnished the ombudsman with details about the medical examination, medical conclusions and treatment prescribed to Davitean. The official’s answer says nothing about the institution of disciplinary or legal proceedings against persons with responsible posts whose actions or inaction generated the violation of the detainee’s right to physical and mental integrity.
In a press release, the ombudsman expressed his regret at the fact that responsible authorities’ reactions turned out to be inappropriate and non-proportionate to the gravity of the case of maltreatment of detainee Davitean, especially after the precedent set by Andrei Braguta, who died in penitentiary. Mihail Cotorobai said the provided answers are rather formal and do not confirm that an efficient instigation into this case was launched to hold all those to blame accountable. But the carelessness and impunity generate new cases of maltreatment and violence in detention places.
The ombudsman reiterated Moldova’s commitment to ensure the safety of persons in the custody of the state in accordance with the international standards on detainee treatment.
Besides the request to conduct an internal inquiry, the ombudsman will also ask to examine the possibility of offering David Davitean independent medical assistance.
