How the national mechanism for torture prevention and the Consultative Board operates
      What the Consultative Board within the National Mechanism for Torture Prevention means?
     
      The Consultative Board is dictated by the need to provide a rhythmic and organized character to the National Mechanism for Torture Prevention to contribute to the efficiency and good operation of the Mechanism as a whole.
     
      The Regulation on the Organization and Operation of the Consultative Board of 31 January 2008 was approved by the director of the Center for Human Rights and was endorsed in advance by the Parliamentary Commission for Human Rights, as stipulated in art. 232 of the Law of the Republic of Moldova on Parliamentary Advocates no. 1349 of 17.10.1997. According to the same procedure, the composition of the Consultative Board was approved on 14 May 2008. The mandate of Consultative Board member is 3 years.
     
      According to the Regulation on the Organization and Operation of the Consultative Board, the candidate for the position of Consultative Board member must meet the following requirements:
     
      • high moral integrity;
      • proven commitment for human rights;
      • at least 3 years of professional experience in one or several specialties such as: legal expert, doctor, experts in legal medicine, psychologists and psychiatrists, social workers, teachers, anthropologists, experts in human rights, people with previous professional experience in developing policies, administering penitentiaries and psychiatric institutions, people with previous experience of work in specific groups, such as immigrants, minors, people with mental and physical disabilities, etc.; people with work experience in the ombudsman institution, non-governmental organizations, people with professional experience in monitoring places of detention, etc.;
      • lack of criminal record;
      • legally competent;
      • is not a representative of state authorities, lawyer, prosecutor;
      • is independent and unbiased;
      • is not a member of central administration bodies of parties and other social-political organizations;
      • fulfills the duties honestly;
      • has the sense of responsibility;
      • does not act against the goals and principles of operation of the Consultative Board.
     
      Based on art. 24 of the Law of the Republic of Moldova on Parliamentary Advocates no. 1349 of 17 October 1997, the members of the Consultative Board are authorized to:
     
        a) have free access in institutions, organizations and enterprises, irrespective of the type of property, community-based associations, police commissariats and places of detention within the commissariats, penitentiary institutions, provisory detention facilities, military units, centers of placement of immigrants or asylum seekers, institutions providing social, medical or psychiatric assistance, special schools for minors with behavioral deviations and other similar institutions;
     
      b) request and receive from central and local public authorities, from people with positions of influence at all levels information, documents and materials required for the fulfillment of their duties;
      c) have unlimited access to any information on the treatment and conditions of detention of people deprived of freedom;
      d) receive explanations from people with positions of influence at all levels on issues that need to be resolved during the control;
      e) have unlimited meetings and personal discussions, without witnesses and, in case of need, with the help of a translator, with the person who are in the places specified by letter b), as well as with any other person who, in his/her opinion, might provide the necessary information;
      f) involve independent specialists and experts from various areas, including legal experts, doctors, psychologists, representatives of community-based associations in preventive visits to places where people deprived of freedom are or can be.
     
      According to art. 5 of the Regulation on the Organization and Operation of the Consultative Board it comprises 11 members, including the parliamentary advocate who is in charge for implementing and running the National Mechanism for Torture Prevention, appointed through order of the Director of the Center for Human Rights. The current Consultative Board comprises:
  
      On 27 July 2011, the Parliamentary Advocate Anatolie Munteanu, Director of the Center for Human Rights, Chair of the National Mechanism for Torture Prevention, in compliance with the provisions of art. 232 of the Law no. 1349 of 17.10.1997 on Parliamentary Advocates, item 41 of Parliament Decision no. 57 of 20.03.2008 on approving the Regulation of the Center for Human Rights, its structure, positions and funding methods, item 14 of the Regulation on the Organization and Operation of the Consultative Board approved by the Director of the Center for Human Rights and taking into account the Recommendations of the Commission for Human Rights and Interethnic Relations of the Parliament of the Republic of Moldova no. 6/78 of 13.04.2011 and 6/161 of 15.07.2011, through the Decree no.01/13d of 27.07.2011 disposed establishing the Consultative Board with the following composition:
     
     
      1. Gonta Constantin;
      2.  Gumenaia Oxana;
      3.  Belibov Alexandru;
      4.  Covalischii Alexandru;
      5.  Cutitaru Gheorghe;
      6.  Guzun Ion;
      7.  Jalba Tatiana;
      8.  Schidu Ion;
      9.  Ursu Veaceslav.
      
      The Consultative Board consists of 11 members, including the Parliamentary advocate who is in charge for the implementation and operation of the National Mechanism for Torture Prevention and holds the position of Chair of the Consultative Board. At present, one position of Consultative Board member is vacant.
      In order to ensure the protection of people against torture and other cruel, inhuman or degrading treatments or punishments, the parliamentary advocates, members of the Consultative Board and other people who accompany them, carry out periodical preventive visits to places where people deprived of freedom are or can be based on the decree of a state authority or at its indication or with its tacit consent.
      The frequency of monitoring visits and the selection of places to visit is decided by the Consultative Board independently and this information is confidential. No prior notification or permission of any authority is required to carry out a visit to a place where people deprived of freedom are or can be.
      As a result of visits where people deprived of freedom are or can be, reports that include recommendations and suggestions to improve the situation are drafted. The members of the Consultative Board can make suggestions to amend the legislation to the parliamentary advocate.
      The Consultative Board applies the following principles in its activity: independence, legality, equity, transparency, objectiveness and confidentiality, contributing to the achievement of the following objectives:
      • examining regularly the treatment of people deprived of freedom at the order of a state body or at its indications or with its tacit agreement for their protection against torture and other cruel, inhuman or degrading treatments or punishments;
      • submitting recommendations to the authorities or people with positions of influence for improving the behavior towards people deprived of freedom, the conditions of detention and torture prevention; submitting suggestions on adjusting the legislation in force;
      • contributing to the improvement of the activity of the national mechanism for torture prevention by making recommendations on improving its operation;
      • establishing relations of cooperation with institutions of public authorities and national and international non-governmental organizations that operate in the field of torture prevention to take over and capitalize the advanced experience and practices;
      • cooperating and communicating with the UN Subcommittee for Torture Prevention, etc.
      While executing its duties, the member of the Consultative Board cannot be retained, searched and/or arrested; his/her documents, including personal assets cannot be checked and/or confiscated; no interference is allowed in his/her communication. During and after the membership in the Consultative Board, his/her representatives cannot be forced to testify in relation to the activity carried out within the National Mechanism for Torture Prevention.
      At a working meeting on 27 September 2011, the members of the Consultative Board decided to meet on a monthly basis to discuss the results of visits conducted in the periods between the meetings; to analyze the recommendations made to state institutions with a view to improve the situation of detained people; to analyze the recommendations to improve the legislative framework and to plan the monitoring visits. In addition, the way and term of drafting the reports as a result of the visits were agreed upon – 5 calendar days.