Even if Article 282 of the Penal Code of the Republic of Moldova punishes the organization of illegal paramilitary groups or participation in these, the implementation of these provisions remains a challenge for the Moldovan constitutional authorities. In over 25 years of independence, no conviction sentence based on these provisions was pronounced. The “Transnistrian army” is the most conclusive example of an illegal paramilitary group on Moldova’s territory, Promo-LEX says in an analysis published on its website, IPN reports.
According to the association, enrolment in this group is tacitly accepted and unanimously tolerated, but should be actually classed as illegal deprivation of freedom. First in 2008, Promo-LEX drew attention to the difficult situation of recruits in the Transnistrian region. Even after nine years, the young people on the left side of the Nistru continue to be drafted into the paramilitary forces or they face a fine of up to €1,700 (about 5.5 average official salaries in Transnistria at the end of 2016) or up to two years in jail..
The conditions in which the recruits do the mandatory military service are another problem. These are at least inhuman and degrading. Starting with 2008, Promo-LEX has reported cases of deaths in the “Transnistrian army”.
Cases of violation of the rights of persons who are conscripted by force are also confirmed by the findings of the Transnistrian “ombudsperson”. Thus, according to the data presented by this, 87 persons were convicted of desertion, including because of the non-statutory relations between soldiers, in 2016. The report also contains other information. It says that seven criminal cases over non-statutory relations were started in 2016 and 12 soldiers were held accountable. Also, 21 service members holding responsible posts were held accountable over 19 offenses.
The data of the so-called ministry of defense of Transnistria show that three service members died last year, but no details are provided. There were submitted 8,247 complaints/petitions concerning disease and 2,434 persons drafted into the paramilitary forces were hospitalized. Of the 154 reported injuries or traumas, 88 occurred while doing the military service.
According to Promo-LEX, the promotion of the attractiveness of the “mandatory military service” is now one of the main preoccupations of the Transnistrian administration, which continues to militarize the region. Regrettably, these interests prevail over the prevention and fighting of human rights violations. This shows that the Moldovan constitutional authorities and the international organizations should collect facts about the problems faced in this regard in Transnistria and should take measures to penalize the Transnistrian administration, which continues to benefit from impunity and to abuse the basic human rights and freedoms without bearing responsibility for its acts.
