Legal framework

International Legislation  

1. The United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, New York, 10 of December 1984.  

United Nations Convention against Torture stipulates international standards and obligations, which are on responsibility of the Governments. Nevertheless only 141 countries had ratified the United Nations Convention against Torture, which became one of the few ratified document among whose 6^th International Human Rights Treaties.     

In fact, the utilization of torture is known in more than 100 countries in the world, showing that not all countries, which ratified the United Nations Convention against Torture, respect their obligations to prevent and stop the torture.   

The United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment is one of the most important international instruments concerning Human Right and actions against torture.     

According to International Legislation, the Government of the State - part of Convention is responsible and indebt to undertake all the possible actions of prevention and prohibition of torture, and supporting victims of torture.      

According to the United Nations Convention against Torture, the Governments had accepted:

• Absolutely prohibition of torture;
• Responsibility to judge and punish the torturers;
• Responsibility to ensure the victims of torture rights to reparation and adequate compensation, inclusively the complex rehabilitation;
•  Responsibility to ensure the education, information and training of persons from the risk groups - law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.

Also, the United Nations Convention against Torture stipulated the establishment of international independent organ - Committee against Torture, which is responsible for monitoring and promoting the implementation of Convention, as well as the reception, examination and investigation of the torture complains. The Committee is working in cooperation with the State-parts.

Ratification and implementation of the United Nations Convention against Torture has a major importance in creating a world without torture.  

2. The Optional Protocol of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, New York, 18 December 2002.  

     Note: This Protocol was adopted on 18 December 2002, at the 57^th UN General Assemble by the Resolution A/RES/57/199. According to art 27 (1) the Optional Protocol was open for signers on 4 February 2003, for every State that had signed the Convention. According the operative paragraph 1 of General Assemble Resolution A/RES/57/199, the Protocol is available for signing, ratifying and amendment at the United Nations Organization centre in New York.      

The goal of the Protocol is to create a system of regulate visits at the detention places, effectuated by the national and international organs for prevention the torture and other cruel, inhuman and degrading treatment or punishment.      

Other International Human Rights Instruments can be access at:

1. Standard Minimum Rules for the Treatment of Prisoners  
2. Basic Principles for the Treatment of Prisoners
3. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
4. United Nations Rules for the Protection of Juveniles Deprived of the Liberty
5. Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
6. Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
7. Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
8. Safeguards guaranteeing protection of the rights of those facing the death penalty
9. Code of Conduct for Law Enforcement Officials
10. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
11. Basic Principles on the Role of Lawyers
12. Guidelines on the Role of Prosecutors
13. United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
14. United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
15. United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules")
16. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
17. Basic Principles on the Independence of the Judiciary
18. Model Treaty on the Transfer of Proceedings in Criminal Matters
19. Model Treaty on the Transfer of Supervision of Offenders Conditionally Sentenced or Conditionally Released
20. Declaration on the Protection of All Persons from Enforced Disappearances
21. Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions    

National Legislation          

The art 309¹ of Penal Code of the Republic of Moldova, introduced by the Law 139-XVI from 30.06.05, in force from 22.07.05, defines Torture and stipulates that:

(1.) Infliction in an intentional wayof severe pain or suffering, whether physical or psychical, to a person, especially for such purpose as to obtain from this or third person information or confessions, to punish for an act that this or a third person had committed or is suspected of having committed, to intimidate or coercing him or a third person for any reason based on discrimination of any kind, if such pain or suffering is inflicted by a public official or other person acting in an official capacity, or at the instigation of or with the consent or acquiescence of such persons, excepting pain or suffering arising only from legal sanctions, inherent or caused by them, are penalized from 2 to 5 years of detention, by deprived right to fill some special positions or to practise a special activity for a period till 5 years.  

(2.) Organization or instigation of torture actions are penalized with 3 to 8 years of detention, by deprived right to fill some special positions or to practise a special activity for a period till 5 years.  

(3.) The actions stipulated by align. (1) or (2) committed:

a)     Previously knowing about, towards pregnant women, or

b)     Minors;

c)     By two or more persons;

d)     Profiting by the incapacity status of victims;

e)     Using special instruments of torture or other adapted with this aim objects;

f)      By a person with a responsible function, are penalised by detention from 5 to 10 years with deprived right to fill some special positions or to practise a special activity for a period from 2 till 5 years.