1. The United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, New York, 10 of December 1984.
|Bringing up-to-date info:||On 8 of May 2006|
|Law in force:||On 26 June 1987, according the art.27 (1) 1.|
|Registered:||On 26 June 1987, No. 24841.|
|Actual Status:||Signers: 77 State-parts: 141 The Republic of Moldova had ratified the United Nations Convention against Torture on 28 November 1995.|
|Text:||United Nations, Treaty Series, vol. 1465, p. 85. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment|
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 6th 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:
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.
|Bringing up-to-date info:||On 25 July 2006|
|Law in force:||On 22 June 2006, according the art.28 (1)|
|Actual Status:||Signers: 51 State-parts: 22 The Republic of Moldova had signed the Optional Protocol of the United Nations Convention against Torture on 16 September 2005 and ratified it on 24 July 2006.|
|Text:||GA Resolution A/RES/57/199 of 9 January 2003. Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment|
Note: This Protocol was adopted on 18 December 2002, at the 57th 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:
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
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.
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