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Document 52013DC0459
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Fourth Report on the implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Fourth Report on the implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Fourth Report on the implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation
/* COM/2013/0459 final */
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Fourth Report on the implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation /* COM/2013/0459 final */
REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL Fourth Report on the implementation by the
Republic of Moldova of the Action Plan on Visa Liberalisation 1. Introduction The EU-Republic of Moldova Visa Dialogue
examining the conditions for visa-free travel for citizens of the Republic of
Moldova (hereinafter Moldovan citizens) to the EU was launched on 15 June 2010.
The Action Plan on Visa Liberalisation (hereinafter VLAP)[1] was presented to the
authorities of the Republic of Moldova (hereinafter Moldovan authorities) by
the Commission on 24 January 2011. The VLAP sets a series of precise benchmarks
for the Republic of Moldova on four so-called 'blocks'[2] of technically relevant issues,
with the view of both the adoption of a legislative and policy framework (phase
1) and its effective implementation (phase 2). The Commission has regularly reported to
the European Parliament and to the Council on the implementation of the VLAP.
The First Progress Report on the implementation by the Republic of
Moldova of the Action Plan on Visa Liberalisation was presented on 16 September
2011[3]. A Senior Officials Meeting
took place on 7 October 2011, during which the First Progress Report was
presented and the next steps in the process were discussed. Evaluation missions on Blocks 2, 3 and 4 of
the VLAP were organised in the second half of October and at the beginning of
November 2011, involving experts from EU Member States accompanied by officials
of the Commission and of the European External Action Service (hereinafter
EEAS). The purpose of these expert missions was to assess the legislative,
policy and institutional framework under the first phase benchmarks of the VLAP
and its compliance with European and international standards. The expert
reports were finalised in December 2011. The Second Progress Report on the
implementation by the Republic of Moldova of the Action Plan on Visa
Liberalisation was issued on 9 February 2012[4].
A Senior Officials Meeting took place on 27 February 2012 during which the
Second Progress Report was presented and the next steps in the process were
discussed. The Third Progress Report on the
implementation by the Republic of Moldova of the Action Plan on Visa
Liberalisation was issued on 22 June 2012[5].
It was the third and final progress report on first phase of the VLAP and it
presented a consolidated assessment by the Commission of the progress made by
the Republic of Moldova in meeting the first phase benchmarks of the VLAP
related to the establishment of the legislative, policy and institutional
framework. The assessment of possible migratory and
security impacts of future visa liberalisation for Moldovan citizens travelling
to the EU was issued on 3 August 2012[6]
by the Commission involving relevant EU agencies and stakeholders. Building on these reports, the Council adopted
Conclusions on 19 November 2012 in which it agreed with the Commission that the
Republic of Moldova has fulfilled all the benchmarks under the first phase
of the Action Plan on Visa Liberalisation. Subsequently, the assessment of the
benchmarks set out under the second phase was launched. The next steps of the second phase as well
as the preparation of the evaluation missions were discussed during a Senior
Officials Meeting which took place on 28 January 2013. A new series of evaluation
missions on all four Blocks of the VLAP was organised from 18 February to
15 March 2013. The evaluation missions were unparalleled in terms of scope and
details of the assessment – four weeks involving 12 experts from EU Member
States accompanied by officials of the Commission and of the EEAS. The missions of the experts had the purpose
to assess both the fulfilment status of the second phase benchmarks of the VLAP
and the extent of implementation of the legislative, policy and institutional
framework, in compliance with European and international standards. Particular
attention was paid to areas such as anti-discrimination and integration of
minorities and trafficking in human beings, some of them equally mentioned in
the Council Conclusions of 19 November 2012. The expert reports were finalised in
May 2013. The Republic of Moldova has committed to address the recommendations
contained in these reports through the updated National Action Plan drafted at
the end of May 2013. The Visa liberalisation Action Plan has
proven to be an important incentive for reforms and has helped the Republic of
Moldova to maintain a sustained pace of structural reforms since 2010. The
legislative and policy framework have been put in place as recognised by the
conclusion of the first phase of the VLAP in November 2012. The aim of this report is to present the state
of the implementation of the legislative and institutional framework, the
functioning of the institutions and the level of inter-agency
coordination. The Commission has prepared this progress report on the basis
of the comprehensive evaluation missions of February-March 2013,
including the reports drafted in that context by Member States experts, as well
as additional information received during the EU-Republic of Moldova Joint
Sub-Committee n°3[7]
and the EU-Republic of Moldova Human Rights Dialogue both held in April 2013.
Special attention was paid to the sustainability of the reforms and the
results achieved, including through meaningful staffing and funding. The
report also includes an assessment on the state of the fulfilment of the
recommendations addressed to the Republic of Moldova contained in the Assessment
of Impacts report[8]
of August 2012. 2. Assessment of
implementation of the four blocks of the Visa Liberalisation Action Plan Block 1: Document security,
including biometrics (a) VLAP benchmarks ·
Gradual roll-out of biometric passports in
compliance with ICAO standards, including at Moldovan consulates abroad, and
phase-out of non-ICAO compliant passports Since January 2011, the Republic of Moldova
is issuing exclusively biometric passports (Ordinary passports, Diplomatic
passports, Official passports and passports for stateless persons) with the
"one Passport, one Document" principle being implemented. On 31 December 2012 there were
2 514 335 passports of citizens of the Republic of Moldova in
circulation, 487 745 (or 19.3%) of which were biometric passports. The complete
phasing out of non-biometric passports is planned for the end of 2020. As of 1 January 2012, Moldovan citizens
living abroad can submit applications to the Republic of Moldova diplomatic
missions and consular offices for obtaining a biometric passport. All embassies
and consulates of the Republic of Moldova abroad, without exceptions, have been
equipped with special equipment for collecting biometric data from applicants.
This new biometric passport complies with ICAO standards and contains a number
of security features recommended by ICAO[9].
As of 2 January 2013 the Centre for State
Information Resources “Registru” (CSIR Registru, hereinafter
"Registru") operates with its own root and public key certificates.
Moldovan authorities made on 28 September 2012 an application to join ICAO
Public Key Directory (hereinafter ICAO PKD). The Ministry of Information
Technology and Communications (hereinafter MITC) order on payment by the
Registru of the unique registration fee to join the ICAO PKD was drafted at the
beginning of 2013. The signing by the Registru of a contract on procurement of
booklets with an integrated chip, based on the January 2012 tender results was
suspended until February 2013 due to a legal challenge, which was rejected by
the Supreme Court of Justice of the Republic of Moldova. The winner of the tender
and Registru are expected to sign a contract in the summer of 2013. ·
High level of integrity and security of the
application, personalisation and distribution process for passports, as well as
identity cards and other breeder documents The ‘Registru’ is in charge of issuing
Travel and Identity documents. All offices of the Civil Status Service are
computerised and linked via a secured communication channel to an Automated
Information System named 'State Register of Population' (hereinafter SRP). The
certificates issued relating to birth, marriage, death, divorce and change of
name/surname are identically formatted and contain the same security features[10]. Applications for travel documents and
national identity cards are made at the 49 territorial and regional offices of
the Registru. The checks executed by those offices generally concern the
accuracy of the data and completeness of the application, as well as
non-electronic checks in relation with the MoI in relation to violations of
law, criminal cases and persons who committed crimes. The potential for someone to use multiple
identities appears to be very limited given the existence of the SRP containing
a large amount of data relating to each Moldovan citizen. The inclusion of
biometrics in passports "freezes" the identity of the holder and
prevents that a different identity be used. The 'Registru' is taking serious steps to
reduce as much as possible the possibility of corruption at staff level by way
of, inter alia: clear separation of duties and functions of the staff members;
random assignment of applicants to officials; review of the applicants'
requests by a minimum of 3 different officials and payment of fees by automatic
teller machine (ATM). The presence of several checks on applications makes the
introduction of fraudulent applications into the system by staff very
difficult. In addition, the Civil Status Service has
developed a strategy for preventing and fighting corruption at staff level.
Measures include unplanned inspections, limited access to data, video
surveillance, and statements on income, property and conflict of interest. In
each local application office, notices with information are displayed regarding
corruption. As
a consequence of these new measures, seven disciplinary sanctions were
inflicted on infringements committed by Civil Status Office employees, after
investigations conducted in 2012. Applicants living in the Transnistrian[11] region can make an application
for documents at one of the offices located near the administrative line. Since
17 July 2003, six permanent offices in the Republic of Moldova and one mobile
office deal with such requests and the same practical organisation and main
procedures as in the rest of the Republic of Moldova are in place. Persons who
only possess documents issued by the Transnistrian 'authorities' can register
their civil status documents with the Moldovan authorities by having them
transcripted by the Civil Status office and included in the SRP. A document
will then be issued to the individual by the Civil Status Office to enable them
to obtain a Moldovan passport. A special procedure for the recognition of
breeder documents issued by Transnistrian 'authorities' is foreseen by the law.
Identity may be established by means of previous Republic of Moldova identity
or travel documents or on the basis of family records. In many cases, the
verification of the identity of the individual will be relatively simple as
records up to 1992 are available. For persons born in the Transnistrian region
as of 1992 onwards, establishing identity and entitlement to Republic of
Moldova citizenship requires investigation of the records of the parents and
siblings in order to establish the family relationship. Finally a reasonable
level of certainty on the identity can be reached by cross-referencing data
relating to family members’ records in the SRP ·
Prompt and systematic reporting to
Interpol/LASP data base on lost and stolen passports Processes are in place since October 2011
for the details of all lost and stolen passports to be sent every five minutes
from the ‘Registru’ to the Police National Central Bureau (hereinafter NCB)
which is the liaison point with Interpol. The NCB sends this information to
Interpol also on a daily basis through a real-time electronic system. No
distinction is made between lost and stolen passports. The border crossing
points are connected to the Interpol database on lost and stolen passports. The
numbers of lost passports are very high compared to their production. In 2011,
29 946 passports were declared lost whereas 261 259 were produced. In
2012, 32 343 passports were declared lost whereas 260 393 were
produced. Since October 2011, 15 603 lost passports have been declared
found and retrieved. ·
Regular exchange of passport specimens and
cooperation on document security with the EU EU
Member States are updated on a yearly basis on new Republic of Moldova passport
specimens through a specific channel of communication. Moreover, since 2009,
the Republic of Moldova has joined the Public Register of Authentic Identity
and Travel Documents online (hereinafter PRADO) of the Council of the European
Union. The last update in the PRADO system was done
on 1 July 2011, introducing the new specimens with the Moldovan biometric
passports security features. In December 2012, 65 new specimens with the
Moldovan diplomatic and service biometric passports security features were
sent. In 2012, the Document Expertise Division of the Border Police Department
has received through Ministry of Foreign Affairs and European Integration
(hereinafter MFAEI) specimens of EU Member States travel documents (62 pieces).
(b) Assessment of Impact recommendations ·
Establish and apply proportionate, effective
and dissuasive sanctions for persons convicted of selling or lending their
passports Art. 361 of the Criminal Code of the
Republic of Moldova already provides for sanctions for fabrication, possession
sale or use of false official documents. Regarding lost or stolen passports,
Moldovan authorities are currently examining the possibility to tighten the
conditions for issuing passports to persons that admitted such cases. ·
Regularly share with the EU authorities data
on lost and stolen biometric passports, in particular using Interpol's Lost and
Stolen Travel Document database See VLAP benchmarks point "Prompt and
systematic reporting to Interpol/LASP data base on lost and stolen
passports", page 5 of this report. ·
Strengthen the legal and institutional
framework regarding the "Civil Registry" in order to prevent the
abuse of change of names or identity for the purpose of obtaining a new
passport. Clear rules should be established and applied regarding name changes;
the legal and institutional framework should be strengthened and include
effective control as well as traceability measures Any citizen
can file an application in order to change his/her name or surname. The
decision is taken by the Central Civil Status office following opinion of a
special committee. The law does not contain any limitation in the number of
times name or surname can be changed. The unique personal identification number
(hereinafter IDNP) in the birth certificate can never be changed and in case of
change of name or surname all previous travel and identity documents are
invalidated. Border controls upon exit are made on the basis of the IDNP, while
the border police have the access to the SRP where all the previous
names/surnames of Moldovan citizens are contained. The system in place reduces
significantly the abuse of name changes. General assessment Block 1 The organisation and processes in place ensure a good level of integrity and security of documents. Civil status registration and document's issuance processes have significantly improved since 2010. The application and issuing systems in place are secure, well thought and provide a good service to citizens. ICAO compliant biometric passports are being distributed and old passport types are being rapidly phased-out. The Republic of Moldova is also requested to provide further information on the high number of lost passports. The Commission considers that the Republic of Moldova generally meets the second phase benchmarks set under Block 1. Further action is required on: · Introduce the use of a booklet with integrated chip, implementing both the Extended Access Control (EAC) and the Supplemental Access Control (SAC). · Automate as many processes as possible, dismissal of the remaining number of manual procedures that currently exist and creation of an electronic link of ‘Registru’ with the Ministry of Interior. Block 2: Irregular immigration, including
readmission Block 2 / topic 1 - Border
management (a) VLAP benchmarks ·
Effective implementation of legislation on
border control through adequate border checks and border surveillance,
procedures and operational effectiveness, situational picture at national and
local level, including implementation of risk analysis, intelligence and
data-flow management as well as direct access and consultation of relevant
national and international databases On July 1, 2012, a Law on the Border Police
came into force according to which the Border Guard Service has been
restructured into the Border Police Department of the Ministry of Interior
(hereinafter MoI) of the Republic of Moldova. The Border Police has competences and executive
powers in the field of integrated border management, as well as in the
prevention and combating of cross-border crime. The Law on State Border follows
the definitions and framework of the Schengen Borders Code[12] and it takes into account also
the European Union legal framework for carriers’ liability, especially the
Directive on the obligation of carriers to communicate passenger data
(Directive 2004/82/EC). The Border Police are carrying out their activities
under similar rules and regulations as border guards in the EU Schengen states.
In the area controlled by the Republic of Moldova, 56 border crossing points
(hereinafter BCPs) are in place and traffic across the Republic of Moldova borders
varies between 13 and 15 million passengers annually. The border checks are
broadly carried out in line with best practices of the EU Schengen Catalogue. Reporting and risk analysis systems are at
a very good level, even when compared to the Schengen countries’ systems. The
risk analysis system follows the FRONTEX common integrated risk analysis model
(CIRAM) and the profiles are well drafted and of high quality. Being part of
the FRONTEX Eastern Borders Risk Analysis Network (EB-RAN), the Border Police
exchange information with FRONTEX on a monthly basis. Furthermore, with the
help of the EU Border Assistance Mission to the Republic of Moldova and Ukraine
(hereinafter EUBAM), the Border Police and the Customs, and their Ukrainian
counterparts are drafting Common Border Security Assessment Reports. The border surveillance is planned and
conducted according to a risk analysis system. The number of patrols is at
reasonably good level. The integrated border management (hereinafter IBM)
includes plans to build a comprehensive fixed surveillance system along the
borders. By introducing the fixed surveillance system with the complementing
portable (non-manned) systems, the Border Police can take the border
surveillance system at an adequate level. The Border Police has an adequate
number of service dogs (123 in total, 74 of those tracking dogs). In general,
devices for border checks at the first line fulfil the European standards. The
number of alerts in the databases was over 5 700 in 2012 (5 687
national alerts; 56 Interpol alerts) and the total number has more than quadrupled
compared to 2011. The first line officers have an access to the Border Police
Integrated Information System (hereinafter BPIIS), legal framework, foreign
alerts, risk profiles and internet (e.g. PRADO). All BCPs have online
connections with the central databases. Due to the lack of sufficient devices,
the level of second line checks is not at an adequate level at all the BCPs. ·
Provision of adequate infrastructure,
technical equipment, IT systems, financial and human resources in accordance
with the IBM Strategy and Action Plan to be adopted, and effective
implementation of training programmes and anticorruption measures The Border Police is upgrading the border
surveillance system and will establish a National Coordination Centre
(hereinafter NCC). Development of the situational picture is part of an
on-going three-phase plan named “Development of fixed and mobile communication
system at the state border”. Those phases include the acquisition of equipment
and the building of a fixed and mobile telecommunication system for the whole
country. Establishment of the NCC will improve the situational awareness, and
it will also enable cooperation with the European external border surveillance
system[13]
(hereinafter EUROSUR). The Border Police have a sufficient number of devices
for border surveillance (e.g. thermo vision cameras and night vision goggles,
but are currently lacking fixed surveillance systems). The planned number of staff of the Border
Police is 3 543, out of which 83% (2 945) is currently fulfilled. The reason
for the lack of staff is that conscripts are no longer employed for border
control and all the vacant posts should be filled in by the end of 2013. The
National College of Border Police organises two-year training programmes for
non-commissioned officers and six months basic training courses for new
employees. The two-year program for non-commissioned officers applies the
Copenhagen process, and it was drafted with the help of EUBAM and according to
the EU Common Core Curriculum (hereinafter CCC) for border guard training. In
general, training programs give a solid basis for preparing professional
personnel for border management purposes. The Border Police have already
implemented most of the recommendations and best practices on the prevention of
corruption[14]
of the EU Schengen Catalogue on External borders control[15]. The Deontological Code of the
Border Police was approved on 13 June 2008 and the Border Police salaries are
at a competitive level. Unannounced controls are carried out and Border police
personnel have to make public their personal interests and incomes upon
entering into service and annually after that. A system of regular rotation of
personnel is in place. ·
Improvement of inter-agency cooperation
(including exchange of data between the Border Guard Service and law
enforcement agencies) international cooperation, including cooperation with
neighbouring countries and implementation of working arrangement with FRONTEX
to a high level of effectiveness. Inter-agency cooperation in border management
has reached a satisfactory level. The Border Police have very intensive
cooperation with the Police, the Customs, and the Bureau for Migration and
Asylum (hereinafter BMA). The cooperation between the Border Police and the
General Prosecutor Office (hereinafter GPO) structurally increased after the
Border Police received new competences for criminal investigations. The main
forms of inter-agency cooperation are the exchange of information, joint
investigation teams, joint actions and joint training. At all the BCPs, the
Border Police and Customs have implemented one-stop controls. They are using
common cargo vehicles registration system and they can use each other's devices
e.g. for checking vehicles. The Border Police has established a
comprehensive set of cooperation agreements and protocols with Romania and
Ukraine. In 2012, the Border Police continued the cooperation with EUBAM,
ensuring efficient implementation of the Annual Phase 9th Action
Plan activities[16].
Since 2006, the Border Police has a liaison officer in the Galati joint centre
for cross-border cooperation. Cooperation agreements exist with some EU Member
States (Latvia, Lithuania, Estonia, Hungary and Poland). Cooperation with other
Commonwealth of Independent States (hereinafter CIS) countries takes place via
the Commanding Council of Border Guard Services of the CIS. Finally, there is a
cooperation protocol between the GUAM[17]
states’ border guards. The Border Police signed a working arrangement with
FRONTEX in August 2008 and it has participated in numerous FRONTEX coordinated
activities. In December 2012, the National FRONTEX Point of Contact (NFPOC) was
created within the Border Police Department, assigned with competences in
coordination and implementation of the FRONTEX Cooperation Plan’s provisions. (b) Assessment of Impact recommendations ·
Continue to strengthen border controls,
including risk analysis and surveillance measures, as well as preventing and
fighting corruption at the border, and continue to enhance cooperation with EUBAM
in all areas of border management; See VLAP benchmarks point page 7 and 8 of
this report. ·
Enhance cooperation with neighbouring
countries. Strengthen bilateral and international cooperation and information
exchange on statistical and analytical data and tactical/operational
data/intelligence, through measures such as initiating/participating in joint
cross-border operations, joint investigation teams, and joint intelligence
teams, facilitating the exchange of liaison officers in such operations, offering
training for conducting joint border and customs controls See VLAP benchmarks point page 8, 9 and 10
of this report. ·
Improve training and capacity building with
regard to international customs and law enforcement cooperation and information
exchange. See VLAP benchmarks point page 8, 9 and 10
of this report. ·
Coordinate the control activities at the
common border. Share intelligence and enhance common situation assessment at
the operational level. See VLAP benchmarks point page 8, 9 and 10
of this report. ·
Enhance cooperation with neighbouring
countries, in particular Ukraine The Republic of Moldova and the Ukrainian
authorities have started in 2007 a pilot project on the Jointly Operated Border
Crossing Point Rososhany-Briceni (hereinafter JOBCP). The pilot project on the
JOBCP was planned and started with the help and support of the EUBAM and the
European Commission. Both counterparts have handed over the responsibility of
exit checks to each other. The principles of “single window”, “one-stop shop”,
“hand-to-hand”, “under one roof” and “shoulder-by-shoulder” have been
successfully introduced in the pilot JOBCP. ·
Continue to sustain cooperation with EUBAM
and implement EUBAM recommendations on improving and intensifying the use of
mobile units The Transnistrian segment of the Republic
of Moldova-Ukraine border does not fall the under control of the Republic of
Moldova Border Police and Customs. This segment includes 25 official crossing
points to Ukraine and internationally recognized border checks and surveillance
functions are fulfilled only by the Ukrainian Border Guard. Along the internal
administrative line between the Transnistrian region and the Republic of
Moldova 14 Internal Customs Control Posts (ICCP) are in place where checks on
goods are performed by the Customs of the Republic of Moldova. In February
2013, the Moldovan authorities started implementing a new strategy in order to
prevent irregular immigration and cross-border crime, and to facilitate
passengers flow through the Transnistrian region. The strategy includes
measures such as: registration of foreign citizens entering and exiting the
Republic of Moldova across the administrative line; strengthening capacities of
ICCPs by the BMA (at 6 of the ICCPs there will be a 24/7 registration office for
foreigners); drafting rules for ICCPs (data protection, exchange of information
between authorities and division of tasks); information campaign on new
registration rules for foreigners; establishing mobile units[18] throughout the country and
reinforcing cooperation with the Ukrainian authorities and the EUBAM. According
to this strategy, foreign citizens that enter or leave the territory of the
Republic of Moldova through the Transnistrian region, including the ones
residing there, can voluntarily register themselves at the ICCPs, BCPs or in
defined offices in Chisinau, Balti or Comrat. This mechanism will not affect
the movement of foreigners within the internationally recognised borders of the
Republic of Moldova. In order to tackle irregular immigration and cross-border
crime a mobile unit of 70 officers will carry out risk-analysis-based inland
controls throughout the country. These patrols will be conducted more
frequently as joint patrols composed of the Customs, Police, Border Police and
BMA. The implementation of this policy, including the legal framework, is
planned to be accomplished in the first half of 2013. In addition, the Republic
of Moldova has the intention on extending the practice of joint controls and
patrolling with Ukrainian border guards of the central (Transnistrian) segment
of the common border. This practice was initiated in 2012 on the northern
segment of the border, in the jointly operated border crossing point of
Rososhany-Briceni, and will soon be extended to the border crossing point in
Palanca / Mayaki on the southern segment of the border. Assessment Block 2 / topic 1 - Border management The Republic of Moldova Border Police is organised according to the recommendations of the EU Schengen Catalogue, the border checks and surveillance are carried out mainly in line with the EU standards and the risk analysis system is organised according to the Schengen best practices. Certain technical improvements are still necessary. Further action is required on: · Introduce fixed technical surveillance systems along the land border. Implement best EU practices for the establishment of the NCC and RCCs. · Intensify checks on vehicles for the detection of hidden persons and improve the risk analysis and profiling of Trafficking of Human Beings (THB). Improve training and availability of first line and second line officers for the detection of forged documents. Continued acquisition of equipment for second line checks and vehicle checks. Monitor and record border checks through cameras in every booth. Intensify anti-corruption prevention at the Customs and implement best EU practices. · Further implement a mobile unit concept for the Transnistria region composed of competent law-enforcement authorities trained in tackling irregular immigration and cross-border crime. An automatic exchange of information and personal data should be ensured in real time between all the law-enforcement authorities. Block 2 / topic 2 - Migration
management (a) VLAP benchmarks ·
Continued effective implementation of the EU-Republic
of Moldova readmission agreement and measures for the reintegration of Moldovan
citizens (returning voluntarily or readmitted) The Bureau for Migration and Asylum (BMA)
Department of the MoI is the competent authority for the implementation of the
Republic of Moldova’s readmission agreements. The following readmission
agreements of the Republic of Moldova and other states are in place: EU (signed
in Brussels on 10 October 2007), Norway (09 August 2006), Swiss Confederation
(01 June 2004, 19 May 2010), and Turkey (01 November 2012). Negotiations
continue with Albania, Azerbaijan, Russian Federation and Lebanon. During the
last meeting of the Republic of Moldova – EU Joint Readmission Committee[19] it was explained that in terms
of readmission applications concerning Moldovan nationals from EU countries,
numbers have declined from 242 in 2011, to 142 in 2012 and to 57 for the first 5
months of 2013. In 2012, the highest number of applications came from France
(54), Germany (34) and Austria (26). The Ministry of Labour, Social Protection
and Family has put in place sustainable measures for the reintegration of
Moldovan citizens through the National Employment Agency offices. Regular
labour market fairs are organized, a hotline is in place, available information
(leaflets, information panels, brochures) on the labour market vacancies and
unemployment social benefits are well-displayed in all local branches. The PARE
1+1 programme continues to support the local investments of returned Moldovan
citizens with a Government top-up. ·
Effective implementation of legal framework
for migration management, including provision of administrative structures with
adequate human resources with clear and relevant competences for all aspects of
migration management, as well as effective cooperation between relevant
agencies Migration management in the Republic of
Moldova is framed by the Law no.200/16.07.2010 on foreigners’ regime in
Republic of Moldova. The older national laws (i.e. Law no. 275/1994, Law
no.180/2008) still apply to legal stays of foreigners and they have not been
repealed and integrated into the New Law. Comprehensive procedures for
clarifying the time limits and no contravention sanctions in the mechanism of
voluntary return are still pending, as well as safeguards for families and
children[20].
The Bureau for Migration and Asylum (BMA)
within the MoI is the main responsible authority for migration management in the
Republic of Moldova. The Commission for coordination of certain activities
related to migration issues (established by the Governmental Decision
133/23.02.2010) provides for the implementation of all state policies and
strategies in the field of migration, the prevention and combating of irregular
migration, as well as the coordination of all competent public authorities’
activities in the field of migration management. In the context of the internal
restructuring of the MoI, BMA was equipped with adequate human resources (22
staff) for the coordination of several tasks undertaken in the Migration Strategy.
The Immigration Department within BMA has additional competences, such as the
registration/cancelation of foreigners domicile or residence, the registration
of temporary residence of foreigners posted in the Republic of Moldova up to 90
days[21],
as well as the coordination of issuing long term visas and combating irregular stay
of foreigners. Continuous training to BMA staff is provided in the framework of
different EU-projects, with the support of IOM, ICMPD and UNHCR. Extensive
workshops on Visa Information System and study visits to several EU MSs are
organised in the framework of ReVis Project. During the last meeting of the Republic of
Moldova – EU Joint Committee on Visa Facilitation[22], it was concluded that the
visa refusal rate for Moldovan citizens has significantly decreased from 11.43%
in 2010 to 6.53% in 2012. The statistics for 2010 and 2012 show that the
uniform Schengen visa refusal rate has decreased at the EU embassies and
consulates in Chisinau. For the Czech Republic – decreased from 22.72% to 9.55%;
Lithuania – from 15.86% to 2.9%; France – from 14.11% to 9.9%; Poland – from
11.64 % to 6.42%; Italy – from 15.23% to 8.0%;. Hungary (Common Visa
Application centre) – from 7.75% to 5.9%; Germany - from 5.33% in 2010 to 2.4%
in 2012. The weighted average visa refusal rate in 2010 was 11.43%%, it was 4.8%
in 2012. The percentage of multiple-entry Schengen visas issued in the Republic
of Moldova also grows steadily (25.2% in 2010 and 26.7% in 2012). ·
Migration profile established and regularly
updated and effective analysis of data on migration stocks and flows According to the official statistics
(Border Crossing Points) on 1 January 2013 – 899 500 Moldovan citizens are
abroad, from which 274 500 stayed abroad less than 3 months, 289 500 more than
3 months, 100 700 up to 1 year, 55 600 up to 3 years and 179 100 more than 3
years. The Extended Migration Profile (EMP) was established by Government
Decision no. 634/24.08.2012 on the approval of the list of indicators and EMP
template. The first EMP was published in April 2013. The EMP will serve as an
instrument to develop more efficient and coherent migration policies in the
Republic of Moldova, complementary to the National Migration Strategy and its
coordination mechanism. A specialized unit responsible for producing and updating
the Extended Migration Profile has been created within the BMA (Unit on
information development, data management and risk analysis – 5 people). ·
Consistent implementation of an effective
methodology on inland detection of irregular migration, risk analysis
(including the reporting of relevant agencies and analysis on each
administrative level e.g. local, central), and investigation of cases of
organised facilitated irregular migration, including effective cooperation
between relevant agencies Detection of irregularly staying foreigners
is performed by specific checks and controls of the BMA. Evidence is checked
against the BMA Integrated Automated Information System Migration and Asylum
(SIIAMA), records of Border Police; the State Population Register (ACCESS), BNC
INTERPOL, Computer Evidence of prosecuted persons - "SEARCH“. BMA conducts
raids throughout the country in cooperation with the Labour Inspection, the
State Tax Inspectorate and the National Centre for Public Health. As a result,
107 foreigners in 2011 and 123 foreigners in 2012 were convicted for violation
of staying rules and undeclared work. Additional 34 staff was provided to
ensure a regional coverage of the country and setting up three regional
services of the BMA Combating irregular stay of foreigners. The BMA has
recently established an Information Development, Data Management and Risk
Analysis Unit (5 staff) and the Border Police has also set up a specialised
Risk Analysis Unit on irregular migration. Dissemination and use of these data
in all BCPs is performed through on-line database available in all BCPs. In
order to ensure the comprehensive implementation of the Law on foreigners and
regulating acts, the BMA cooperates with the following MoI specialised departments:
Police department, Penitentiary department, Information and security service,
Border Police department, Carabineer troops department. A cooperation agreement
between the BMA and the Border Police Department in order to prevent and combat
irregular migration of foreigners at the borders and within the territory of the
Republic of Moldova was signed on 20 December 2012. An Action Plan for the implementation of
the measures to ensure control of the migration flows through the Transnistria
region is implemented. It is intended to have a better registration of
foreigners at the Internal Customs Control Posts and a control of migration
flows by the MoI on the administrative line. A unit responsible for the
management of the activity of the Internal Control Posts for evidence and
registration of foreigners was set-up within BMA. Obligation to register will
apply to foreigners only, without imposing verification of all travellers who
cross the Transnistrian region. Additionally, to the proposed procedure at the
Internal Control Posts, the foreigners can register at: (i) any territorial
office of evidence and documentation of population of the Ministry of
Informational Technology and Communication, (ii) Regional Services any
territorial subdivision of the of the BMA (in Chisinau, Balti and Cahul) and
(iii) subdivisions of the Border Police Department, maximum 72 hours after the
border crossing. ·
Provision of adequate infrastructure
(including detention centres) and strengthening of responsible bodies to ensure
effective expulsion of irregularly residing
and/or transiting third country nationals from the territory of the Republic of
Moldova The enforcement of the expulsion measure is
performed by the BMA by escorting the foreigner to the state border or to the country
of origin. Foreigners taken in public custody are placed in the Centre of
Temporary Placement of Foreigners, a subdivision of the BMA, where access to
legal assistance, social, cultural and human rights provided by law is
guaranteed. In the context of internal restructuring of the BMA/MoI, the Centre
was allocated additional human resources, having now 5 services and 40 staff. 360
foreigners were placed into public custody during 2009-2013, out of which: 71
persons in 2009, 80 persons in 2010, 103 persons in 2011, 97 persons in 2012
and (so far) 9 persons in 2013. Out of 115 identification cases initiated by
BMA, 85 foreigners placed into public custody without IDs have been identified. (b) Assessment of Impact recommendations ·
Organise continuous, targeted information
campaigns aiming to clarify the rights and obligations of visa-free travel,
including information on rules regulating access to the EU labour market
(including through the EU Immigration Portal) and liability for any abuse of
rights under the visa-free regime Extended
meetings of the Visa Task Force have been organized with the EU High Level
Advisers, civil society and non-governmental organizations. Public information
sessions take place on a regular basis, as part of the EU integration sessions
performed by MFAIE in different media/social/university environments. These
public sessions also aim to clarify the rights and obligations of visa-free
travel, including information on rules regulating access to the EU labour
market and liability for any abuse of rights under the visa-free regime. A very
active information centre is placed in Balti, in the premises of the National
University. Moreover, many activities on communication and information are executed
within different projects of the EU-Republic of Moldova Mobility Partnership
(ex. Legal in EU, Nexus, etc.). Regarding the exact conditions of travel into
EU, EU visa policy, provisions of the EU-Republic of Moldova Visa Facilitation
Agreement, are all presented and permanently updated on the MFAEI website
(consular information part), as well within the Centre of Appeal of the MFAEI,
a free hotline. Assessment Block 2 / topic 2 - Migration management Operational procedures for applying the Law on foreigners are functional and the BMA has become the coordinating actor in managing the migration flows. The Extended Migration Profile has been established and alongside a Data Assessment Report. Effective implementation of the EU-Republic of Moldova readmission and visa facilitation agreements is being observed. Adequate infrastructure including detention centres is existing. Further action is required on: · Continue to apply the Law no.200/2010 on foreigners’ regime and repeal older national laws. · Reinforce the human resources for regional coverage of the BMA in the field of immigration and combating irregular stay of foreigners. Provide for a reporting and analysis mechanism on each administrative level by reinforcing the Risk Analysis Unit. · Carry on with the opening of BMA registration units at the Transnistria line. Cooperate with other law-enforcement authorities and ensure automatic exchange of data. Block 2 / topic 3 – Asylum
policy (a) VLAP benchmarks ·
Effective implementation of asylum
legislation, including provision of adequate infrastructure and strengthening
of responsible bodies (staff, funding), in particular in the area of asylum
procedures, reception of asylum seekers and protection of their rights, as well
as integration of refugees; ensuring that beneficiaries of international protection
have access to travel documents foreseen by the legislation The Republic of Moldova law in the area of
refugee protection is largely in line with international and European
standards. The law on asylum provides the necessary institutional framework and
legal procedures and principles. The law is implemented in a satisfactory
manner. The quality of the Refugee Status Determination Procedure is good and
improving. Access to the procedure is guaranteed by the law and implemented in
practice. UNHCR has full access to persons of concern and has good working
relations with the asylum authorities and the border police. The
non-refoulement principle is respected in practice. It is believed that RSD is
of good quality and is continuously improving. In 2012, refugee status was
granted to 19 persons and humanitarian protection to 45 persons. 119 decisions
were taken in total, meaning that more than half of the applications resulted
in the granting of a form of protection. Other countries in the top 5 of
applications resulting in the granting of a form of protection are: Armenia,
Afghanistan, Kirgizstan and Russia. These numbers might be an indication that
decisions are based on objective and up-to-date country of origin information
(COI) and that protection is granted to those persons in need of international
protection. However, the COI system needs to be reinforced and more staff
hired. In the first instance[23]
decision making there is an extremely low turnover rate in appeal: in 2012 all
the decisions were maintained in judicial procedure. Within the Asylum and Integration
Department, 5 persons are working within the International Protection and
Asylum Procedure Unit. This is considered sufficient at the moment, as the
numbers of asylum applications are still relatively low (177 in 2012, 72 in
2011), which guarantees sufficient time for qualitative interviewing and
decision making. There is one interview room in the premises of the AID and is
well equipped and offer sufficient privacy to the asylum applicant. It is reported
that special attention is given to the most vulnerable persons, such as minors,
victims of torture, traumatized persons, victims of violence and torture,
traumatised persons or persons with psychological disorder. They are generally
assisted by a representative of the NGO “Memoria”. A new unit was created
within the new structure of the BMA: the stateless and information unit, with a
staff consisting of 4 persons. This unit deals with statelessness applications[24], but also with the
registration of asylum seekers. A questionnaire, interview template and
guidebook were developed, guaranteeing that the legal provisions will be put
into practice. Since February 2012, 160 requests were received and 16 persons
were granted stateless status. The “Law on integration of foreigners in
the Republic of Moldova” entered into force on 1 July 2012. The methodologies
for conducting social-cultural accommodation sessions and state language
courses have been developed. The Regulation on the procedure and conditions of
rental housing for foreigner beneficiaries of integration programs and
foreigners who have obtained a form of and the Regulation of the Accommodation
Centre have been approved. The law guarantees full access to the labour market
for beneficiaries of a form of protection and asylum applicants, to
unemployment assistance and measures to prevent unemployment. Several
successful pilot projects have been observed. At the time of this evaluation,
it was still not possible for refugees to obtain travel documents allowing them
to travel outside the territory of the Republic of Moldova. Due to issues with
the tender for the issuing of IDs and biometric passports these documents would
be available by September 2013. The Regulation of the Accommodation Centre for
Asylum Seekers was approved by the Government on 28 December 2012. The Centre exists
since September 2010 and its maintenance and staff are paid from the State
budget. On 15 February 2013, 18 asylum seekers, 2 beneficiaries of Humanitarian
protection and 1 with Refugee Status were living in the reception centre. Social
workers, legal counsellors and UNHCR have access to the centre at all times. The
conditions and the quality in the Centre are generally good, despite the
understaffing and insufficient funds. Assessment Block 2 / topic 3 – Asylum policy The Law on Asylum is adequately implemented and the quality of the Refugee Status Determination Procedure is good and improving. The Republic of Moldova has developed a statelessness determination procedure that is exemplary. Considerable progress has been achieved in the field of integration. Further action is required on: · Include the One-Stop-Shops as one of the authorities competent to receive asylum applications in Article 52 of the Law on Asylum. · Provide continuous asylum training for police and border police. Ensure the necessary expertise with asylum cases within the judiciary, for example through creation of specialised courts or specialised judges. · Further develop the methodology for COI-management and secure access to up-to-date COI Subject Related Briefings. · Increase the funding for State sponsored integration measures and develop an ethical code for the personnel of the reception centre(s). General assessment Block 2 The Commission considers that the Republic of Moldova largely meets the second phase benchmarks set under Block 2. Some recommendations still need to be implemented further, as described above. Block 3: Public order and security Block 3 / topic 1 - Preventing and
fighting organised crime, terrorism and corruption (a) VLAP benchmarks ·
Implementation of the Strategy and Action
Plan on preventing and fighting organised crime including effective
coordination between the relevant authorities, as well as conducting effective
investigation, prosecution and confiscations of proceeds of crime; In order to implement the National Strategy
on preventing and combating organized crime the several implementing activities
have been carried out since 2011. The National Council for coordination of the
activities to prevent and combat organized crime was created on 4 May 2012. The
Council is an interdepartmental collegial body, created to ensure an efficient
cooperation between the authorities of the central public administration, and
coordination of their activity in preventing and combating organized crime. A
Roadmap on the implementation of the recommendations of the EU evaluation
missions from October-November 2011 regarding the special investigative
measures and combating organized crime was approved on the 8 June 2012. The
National Coordination Council on the activity of preventing and combating
organized crime was created by the GPO. During 2012, 70 crimes were committed
by 49 criminal groups with 229 active members (out of which 6 criminal groups
with criminal activity at international level). An improvement of reporting of
civil society on illicit deeds, stricter record keeping and rigid discipline to
avoid concealment of crimes and other offenses was observed in practice. In parallel to the implementation of the
Strategy and the Action Plan, a major reform of the Ministry of the Interior (MoI)
entered into force on 5 March 2013. The main principles and goals of the reform
are the: the de-politicization of the activities of law enforcement agencies; the
demilitarization of the Carabinieri Troops department; increasing presence of
the law enforcement agencies (LEAs) across the country, through a more
coordinated deployment of police units; better harmonization and coordination
of different police departments to avoid overlap and duplication of functions;
a more efficient response to major and serious crimes by specialising criminal
investigation activities and parallel prosecution services. With the reform of
the Ministry of the Interior, two new concepts were introduced and are under
implementation: specialization of police units tasked with serious and
organized criminal files, and an intelligence-led policing approach. The
Analysis Unit of the Police Department has been set up and has five
intelligence analysts using I2 and the IT analytical tool Letizia. The reform
has been universally acknowledged as an excellent means to separate policy
making from policy implementation. The new competences of the Minister
concerning police activities no longer include their former criminal
investigation function, in line with the best EU and international standards. A
first positive result of the reform is the appointment of the Chief of Police
by the Government after being proposed by the Minister of the Interior. Under
the MoI reform, the Carabinieri have been reorganized, demilitarised and
positioned in the structure of the General Police Inspectorate. Activities to strengthen forensic
laboratories were also undertaken. By the Order no. 399 from 29 November 2012
an interdepartmental working group was set up to develop the legislative and
regulatory framework necessary to create and manage a DNA database and a DNA
laboratory. In June 2013, experts from Austria will assist the MoI in drafting
a law on DNA. 2 million euro will be allocated for equipment and training
of personnel working in the technical and forensic fields. All relevant international conventions have
been adopted, and in general the current legislative framework and institutional
system of law-enforcement could be considered in line with the EU’s acquis and
the best EU standards, and its implementation at an advanced stage. However,
the legislation on confiscation still shows some gaps with respect to
international standards and the EU acquis. Such gaps mainly relate to the
freezing powers and third party confiscation. The Republic of Moldova should strengthen
the current company registration rules and the corporate criminal liability
provisions in order to limit the use of "shell" companies to launder
the proceeds of crime and hide criminal assets. Based on the statistics on
confiscation, the amounts confiscated are low in comparison with the number of
convictions. The Moldovan authorities should make an increased use of their
confiscation powers. The Republic of Moldova should establish a centralised
asset recovery office in order to strengthen the identification and tracking of
the proceeds of crime resulting from both domestic and cross-border criminal
activity and expediently exchange information with the asset recovery offices
in the Member States. Assessment Block 3 / topic 1a - Preventing and fighting organised crime and terrorism The implementation of the reform of the MoI has been properly planned and started. Law-enforcement authorities in charge of fighting serious and organized crimes are well coordinated, approach European standards and deliver results. Further adjustments and investment in technical means are needed to make the reform sustainable and fully exploited. Further action is required on: · Further develop a strategic intelligence analysis model for the Police in line with Intelligence-led Policing. Step up efforts in improving the coordination of the patrolling duties of all departments under the National Patrol Inspectorate. Remove the intermediary technical role of the Security and Intelligence Service in the interception of communications as for criminal investigation purposes such activities should be executed exclusively by law enforcement authorities. · Strengthen the legal framework on confiscation, establish an asset recovery office, enhance the transparency of legal entities and systematically use the confiscation powers. ·
Implementation of legislation on preventing
trafficking in human beings and the respective National Plan, including effective
coordination between state agencies and effective protection of victims of
trafficking, in particular children; The Republic of Moldova made significant
steps forward in the field of anti-trafficking in the past 2 years in terms of
legal and institutional framework modernisation. It is apparent that policies
on anti-trafficking are prioritized within the political agenda. The National
Action Plan 2010-2011 and the National Action Plan 2012-2013 (with regard to
the actions planned for 2012) were 75% fully implemented and 11% partially
implemented. Many activities of the plan were implemented also due to the
support provided by IOs and NGOs within a number of international programmes. A
new 6th THB Action Plan will be developed in the second half of 2013.
According to the statistics[25]
in 2012 at the borders were detected 18 THB cases with 35 persons, whereas the
number in 2010 was 10 (15 persons) and 13 (29 persons) in 2011. More than half
of the cases were detected at the Chisinau airport. Victims were typically
young girls who were trafficked to the United Arab Emirates, Turkey, Northern
Cyprus and Saudi Arabia, and very seldom to EU countries. Laws and regulations on THB are in line
with the international and European standards in the field - the Palermo
Protocol - UN TOC Convention, 2000, and the Council of Europe Convention on
THB, Warsaw 2005, have been all ratified and are being implemented. The
structure of the anti-trafficking national system is built upon the
multi-agency cooperation among the most relevant institutions, including civil
society. It is focused as well on a human rights based approach which is
intended to give priority to the needs of the victims. Increasing efforts have
been made in the field of international police and judiciary cooperation,
including the negotiations of bilateral agreements with some destination
countries of trafficked persons. In the framework of the MoI reform, the Centre
for Combating Trafficking in Persons (CCTP) has been fully integrated into the
General Police Inspectorate and a civilian has been appointed as a Director of
the CCTP, with extended experience in anti-trafficking field. In terms of actual implementation of the
anti-trafficking policies, despite considerable efforts the budget allocation
(financial and human resources) seems to be still insufficient in the
perspective of a thorough government ownership and sustainability of the action
in the long run. The government is steadily increasing its efforts in this
regard. Currently the State cannot fund NGOs (because of the legal framework currently
in force) which somewhat hinders a fully-fledged cooperation with the civil
society. However, a draft law on public funding of private social services
providers was recently approved. As to data collection, a national statistical
database on THB is still in the making. Law enforcement authorities have their
own database on investigations and criminal proceedings and the Ministry of
Labour and social protection has its database on assisted persons. Recently a
pilot project for the harmonization of data collection was launched by the
Permanent Secretariat of the National Committee for combating Trafficking in collaboration with the IOM. The Government is aware and committed to prevention,
and the national referral system on THB provides also assistance to potential
victims and vulnerable groups. However, it seems that the issue of prevention
is to some extent narrowly interpreted and should include work on the root
causes of THB. In this respect efforts are being made by the Government, with
the support of specialized NGOs, to improve the protection of vulnerable children,
with a draft law on the protection of children currently under consideration. Special
interview rooms for children have been set up and additionally special
interviewing rooms for victims and witnesses will be set up in the regions.
Guidelines have been drafted for police, health and social workers to steer
them in solving cases of domestic violence. Furthermore, the Ministry of
Finance will grant funds for campaigns on awareness-raising among the public
for 2013. Campaigns for the public opinion on the dangers and seriousness of
crimes committed on internet are on-going until August 2013, followed by a week
of campaigns on THB in October 2013, in line with the EU day on THB. The government seems to be very committed
to cope with corruption of civil servants and public officials and their
involvement in trafficking cases. During 2012, criminal investigation has been
initiated against 11 persons who fall under the category public officials, of
which: sent to court – 7 persons; classified – 1 person; On-going criminal
investigation – 3 persons. Assessment Block 3 / topic 1b - Preventing trafficking in human beings Substantial improvements were achieved through the implementation of the National Action Plan. The structure of the anti-trafficking national system is built on multi-agency cooperation, including with civil society. Additional funding and staffing are to be provided to guarantee the Government's ownership of the implementation of the anti-THB policies. Further action is required on: · Consolidate the national database on trafficking fed with data from all law enforcement authorities and from public and private bodies in charge of the assistance to the victims. Allocate sufficient human and financial resources for the implementation of the NAP. · Link the national system for the protection of victims and potential victims of trafficking with the national system for the protection of children. Create a national fund for the assistance, protection and compensation of victims. · Further develop minimum quality standards for the assistance and treatment of victims and potential victims of trafficking and recognise the status of social workers. Implement the law and the regulation on the accreditation of private social services renderers. ·
Implementation of legislation on preventing
and fighting corruption, ensuring the efficient functioning of the independent
anti-corruption agency; development of ethical codes and training on
anti-corruption, especially targeting public officials involved in law
enforcement and the judiciary; In the past four years, the Republic of
Moldova has made serious steps on the path of fighting corruption with recently
several high-level cases of abuse of official position emerging. Recent events
in the Republic of Moldova point out that the indirect political dependence of
anticorruption institutions poses a threat to professional non-partisan
investigations against high-level officials. Investigations should not be
misused and transformed into a political weapon. Adequate guarantees must be
put in place to secure the independent and efficient functioning of
anti-corruption institutions. Top appointments must follow objective and transparent
criteria. The Republic of Moldova has adopted in July
2011 the National Strategy on anticorruption 2011-2015 by a decision of the
Parliament - it is a complex and well-developed programmatic document. In
February 2012 the Parliament adopted the Action Plan for 2012-2013 for the
implementation of the Strategy[26].
Many of the measures have been delayed or not implemented at all and the impact
of the implemented measures is still to be seen. There is no indication as to
what the estimated deadlines are for the measures that are not yet implemented. In the area of prevention of corruption,
the Republic of Moldova has taken steps to make the public sector more
transparent in an attempt to increase public trust in the public institutions,
to bring people closer to the governmental decision-making process and to limit
vulnerabilities to corruption. Part of this effort regards a wide-scale open
data program through which the Moldovan government makes available to the
public various data sets of public information in an open data format,
including budgetary information. The Republic of Moldova has also introduced in
2008 the obligation of the initiator of a piece of legislation to post it
online and allow for public comments to be submitted by the citizens. The National Anticorruption Centre (hereinafter
NAC) holds important competencies in the field of prevention of corruption and
Moldovan institutions have started implementing integrity plans based on the
evaluation of corruption risks in each institution[27]. NAC also provides upon
request of the Government or of the Parliament anticorruption expertise of
draft legislation. In the field of repression of corruption,
the competences are split between the NAC and the specialized Anticorruption
Prosecutor’s Office (hereinafter AP). Most of the investigative work is done by
the NAC employees with the prosecutor from the AP conducting and overseeing the
activity, issuing various authorizations or applying for various court orders during
the investigative stage. NAC was reorganized in 2012 and shifted from the
supervision of the Government to the supervision[28] of the Parliament just to
return under the control of the Government in May 2013. Lifestyle checks[29] and integrity testing are
envisaged in the law of the NAC and are potentially being considered by
Moldovan authorities for the rest of the public administration. Discrepancies
could flag up problems and might result in sanctions being applied, including
dismissal. Detailed procedures for lifestyle checks are still being drafted.
Currently only the Information and Security Service can technically conduct
phone tapping. NAC is allowed to listen to the intercepted conversations in
real time and make transcripts and audio recordings for the prosecutors.
Financial investigations are a weak point of the law enforcement authorities in
the Republic of Moldova. The lack of in-depth specialization of investigators
in financial investigations has a serious negative impact considering the
complexity of the investigations and on ultimately on the assets recovery from
convicted defendants. The elimination of immunity of judges for
criminal investigations on corruption (articles 324 and 326) is a welcome step
in the right direction. Similar steps should be considered with regard to all
the other remaining categories of officials that enjoy immunity. In 2011, 314 corruption related decisions
were adopted, but few of them high-level ones – 213 convictions, 18
acquittals and 83 abandoned trials. In 2012, 293 decisions were adopted - 197
convictions, 27 acquittals and 69 abandoned trials. In 2012 only in 17 cases a
jail sentence was given – the rest of the convictions resulted in fines or on
probation jail time, or the interdiction to occupy a position in the public
sector. This is not a satisfactory practice as the courts show lenience towards
offenders. The NAC has commissioned an analytical study to assess with the help
of MIAPAC[30]
the level of sentencing in all the corruption cases that reached the courts. It
would be also recommendable to organize debates within the Moldovan judiciary
about sanctioning practice (sentencing guidelines) that would ensure that
deterrent sanctions are applied in the cases of corruption. The National Integrity Commission (NIC) is
an autonomous public authority independent of other governmental agencies,
other entities or individuals. Its members are appointed by Parliament for a
term of 5 years. NIC is in charge with declarations of assets, of interests and
of incompatibilities. The law establishing it entered in effect on 1 March 2012,
but the NIC started operating only on 1 March 2013. The NIC has 21 staff positions
of which 12 are already employed. NIC oversees all dignitaries, prosecutors,
judges, public servants and other managerial functions and in total it covers
about 25 000 civil servants. In terms of software and technical capabilities
the resources of NIC are scarce. The newly appointed NIC does not have yet a
track record on controls of declarations of assets, declarations of interests
and incompatibilities. Recently a law was passed doubling the
salaries of NAC employees (EUR 500 for a starting position equalling the salary
of a Supreme Court judge or Deputy-Prosecutor General), which however might
require providing the same treatment for AC prosecutors in order not to unbalance
the system. The Republic of Moldova was assessed by
GRECO and received 17 recommendations, 9 of which in the area of party funding
and 8 were concerning incriminations. The GRECO report acknowledges that much
effort was done to implement all recommendations. Until now the legislation to
address them was not yet adopted but a working group created by the Central
Electoral Commission (CEC)[31]
has prepared and publicly debated the Draft Law, which now must be adopted. The
elimination of immunity of judges for criminal investigations on corruption
(articles 324 and 326) is a welcomed step in the right direction. Similar steps
should be considered with regard to all the other categories that enjoy
immunity. Assessment Block 3 / topic 1c - Preventing and fighting corruption Affirmative action was taken regarding the strengthening of the NAC and the AP, and the start of the activities of the National Integrity Commission. Solid safeguards, adequate funding and additional capacity building measures are further needed to ensure the full political independence of all anti-corruption authorities. Further action is required on: · Establish a solid system for appointments based solely on professional and objective criteria for key positions in anticorruption institutions, in the prosecution and in the Supreme Court that would guarantee their non-partisan and independent operational activity. Merge the AP with the NAC and restrict its activities to high-level corruption. Improve the salary scheme and boost the number of employees in all anti-corruption institutions (NAC, AP, NIC). · Further develop the legislation and practice on the control of asset declarations/unjustified wealth and conflicts of interests, and develop financial investigations capabilities in the law enforcement authorities. Implement bylaws for NAC lifestyle checks based on European best practices and design a cooperation mechanism on joint-lifestyle checks with the NIC. Review the remaining immunities of officials through the lens of international best practices. Train judges, prosecutors and law-enforcement personnel on the European practices of interception of communications. ·
Implementation of the legislation and
Strategy for the prevention of money-laundering and financing of terrorism,
implementation of relevant legislation on confiscation of assets of criminals
(including the provisions addressing cross-border aspects); The Republic of Moldova’s legal framework on anti-money laundering and combating
financing of terrorism (AML/CFT) is very comprehensive and complete. Numerous
administrative authorities are involved in the Moldovan AML/CFT regime with
different roles and functions, and all of them master their competences. The
level of institutional coordination and cooperation among the different
authorities is good, as required by international standards. In 2012, the
Republic of Moldova approved and implemented
several laws (Law on Capital Market, Law on Payment Systems and e-money, Law on
Special Investigation Activity), bylaws (Decision regarding regulation on
AML/CFT measures for the non-banking financial market) and instructions and
recommendations in order to address some of the deficiencies that were
identified in the 3rd Mutual Evaluation Report of the Council of Europe’s
MONEYVAL Committee. A few minor deficiencies in the criminalization of money
laundering and financing of terrorism need to be addressed and, in this regard,
Moldovan authorities have prepared legislative changes which are currently
under way. However, the current regulation of the crimes is in line with FATF,
EU and international conventions. For 2011, out of 151 cases opened by the FIU,
indictments were given in 4 cases and convictions were handed out in 2 cases. All the institutions have been included as
active members of the National Strategy 2013-2017 on AML/CFT that is about to
be approved by the Moldovan Parliament. Specific tasks, duties and deadlines
have been assigned in the Action Plan to each and every one of those
institutions, under the Office for Prevention and Fight against
Money Laundering[32] (OPFML) coordination and the supervision of a special
Commission of the Moldovan Parliament. Supervision and guidance of the
financial entities belonging to the Moldovan AML/CFT regime that are carried
out by NBM, NCFM and OPFML seem to be appropriate and consistent with
international standards. There is a good level of compliance by the financial
entities with the preventive measures according to the FATF and EU standards:
Customer Due Diligence; enhanced identification measures; on-going business
relationships; political exposed persons; beneficial owner; wire transfers;
record keeping; training; internal procedures and policies; compliance units;
Suspect Transactions Reports (STRs). The December 2012 report of the Council of Europe's MONEYVAL Committee
acknowledged the steady progress of the Republic of Moldova in the areas of
customer diligence and reporting. Based on this
Report, the Republic of Moldova was placed on simplified regime of monitoring since
December 2012. Assessment Block 3 / topic 1d - Prevention of money-laundering and financing of terrorism The AML/CFT legal framework is comprehensive and properly implemented. The level of institutional coordination and cooperation among the relevant authorities is adequate and meets European and international standards. Further action is required on: · Further strengthen the sanctioning regime for AML/CFT, increase the penalties and improve the confiscation, freezing and seizing regime for AML/CFT funds. Implement supervision measures for Designated Non-Financial Business and Professions. Bring in line cash border operations with current EU legislation and FATF standards. · Continue the systematic and timely implementation of the National Strategy 2013-2017 on AML/CFT and the Recommended Action Plan drawn by Moneyval. ·
Implementation of the National Anti-drug
strategy and its related action plan, making the information on drug seizures
and persons involved accessible at border crossing points; further developing
cooperation and information exchange with relevant international bodies in the
drug field; The National Anti-drug Strategy 2011-2018
and the National Anti-drug Action Plan 2011-2013 are implemented in line with
the European standards. The new national Anti-drug Action Plan 2014-2018 is
currently being drafted, equal importance being paid to tackling both the drug
use and trafficking. As envisaged by the Action Plan, in April
2012, the Republic of Moldova joined the Council of Europe's Pompidou Group.
Following the signature of the Memorandum of Understanding with the European
Monitoring Centre for Drugs and Drug Addiction (EMCDDA) in 2012, a good level
of cooperation has been established. The 2011 established National Anti-Drug
Commission coordinates interagency cooperation among governmental institutions,
and liaises with non-governmental institutions and civil society on all matters
relating to drug policy. A very good level of cooperation and coordination
between the relevant bodies has been established. It applies a balanced
approach between demand reduction and supply reduction services. Cooperation between the Antidrug
Directorate of the General Inspectorate of the Police of the MoI and the
institutions in charge of prevention and care is at very good level.
Cooperation with NGOs involved in assisting drug users is satisfactory, but it
seems to be more developed regarding HIV-related actions, than in prevention of
drug use and harm reduction. In 2004 substitutive treatments were introduced,
with methadone being distributed in health and care centres. All drug crimes and other categories of
offences are reported and recorded as crimes in Integrated Automatic
Information System established by the MoI in order to record offences, criminal
cases and persons who have committed offences. Several special drug operations
have been conducted successfully. In 2012, 1 457 offences related to drugs were
registered and 8 criminal groups involved in illicit drug trafficking were
documented. Seizures in 2012 amounted to 304 kg 890 grams of drugs. Basic
forensic capability is in place at the district level, but preliminary drug
tests on the seized substances cannot be performed. Therefore, the analysis
relies on external forensic laboratories, which is time-consuming and
inefficient. The Republic of Moldova is neither a major
drug trafficking nor drug producing country, but serves as a transit point for
drugs destined for Western Europe. Counternarcotic activities were so far
hampered by insufficient specialized police officers and equipment. The
Government has taken serious steps to address the situation in the context of
on-going police reform efforts, and is increasing staffing and reorganisation
of the specialized anti-drug units of the anti-drug Directorate of the MoI. Combating domestic cultivation of marijuana
was one of the most important challenges facing the anti-drug Directorate
during the last years. However, synthetic cannabinoids and synthetic cathinones
emerged as a growing problem in 2012. Synthetic drugs are reportedly quite
widespread (amphetamines, methamphetamines, synthetic cannabinol and some
synthetic analgesics such as Tramadol, which are reportedly cheap and
relatively easily available). In response to this trend, the MoI has petitioned
the government to add many of these synthetics to the official list of banned
substances. Multi-drug use (different drugs or drugs along with alcohol and
other substances) has been also spreading increasingly. Assessment Block 3 / topic 1e - Implementation of the Anti-drug policy The National Anti-drugs Strategy Action Plan 2011-2013 and the institutional framework have been well implemented, and inter-agency cooperation is at good level. The National Anti-Drug Commission is functioning well and the Antidrug Directorate of the MoI is well organized and has recently significantly increased its analytical capability at the operational level. Further involvement of NGOs in drug demand reduction and harm reduction activities is necessary. Further action is required on: · Continue to increase efforts to equip police with technical means to identify substances found within their operations. · Ensure further involvement of NGOs engaged in anti-drug activities and treatments. ·
Implementation of relevant UN and Council of
Europe Conventions, as well as GRECO recommendations in the above mentioned
areas. The Law and the Strategy for prevention and
combating organised crime are fully in line with the provisions of the UN
Convention against cross-border organized crime and its additional Protocols. (b) Assessment of Impact recommendations ·
Prevent and fight corruption at all levels
and in all areas. Partially implemented – see VLAP benchmarks
point. Additionally, with the support of the Project Against Corruption, Money
Laundering and the Financing of Terrorism in the Republic of Moldova (MOLICO),
a Practical Guide for the investigation of corruption and corruption related
offences was developed. The Guide is intended to anticorruption prosecutors and
investigators within the Anticorruption Prosecutor’s Office, The National
Anticorruption Centre, MoI and the Security and Intelligence Service. ·
Enhance the data collection on criminals and
OCGs at national level inter alia by setting up and/or improving the national
databases. See VLAP benchmarks point page 17, 18 and
24 of this report. ·
Continue efforts to improve data indicators
and crime data collection in all crime fields. See VLAP benchmarks point page 17, 18 and
24 of this report. ·
Implement anti-corruption actions as a matter
of priority in all areas, as well as in relation to wider rule of law aspects.
The national authorities should have the capacity to fight corruption at all
levels - central, regional, local and sector-specific, paying particular
attention to the law enforcement and customs authorities. See VLAP benchmarks point page 19 to 22 of
this report. ·
Ensure effective protection of witness of
THB, and further improve the protection, assistance and support to THB victims. See VLAP benchmarks point page 18 and 19 of
this report. ·
Assets confiscation procedures must be agreed
with the Moldovan authorities, in order to recover stolen property or the
profit thereof, and to reduce the financial power of OCGs, thus facilitating
their dismantlement. See VLAP benchmarks point page 17, 22 and
23 of this report. Block 3 / topic 2 - Judicial
co-operation in criminal matters (a) VLAP benchmarks ·
Implementation of international conventions
concerning judicial cooperation in criminal matters (in particular Council of
Europe Conventions); The Republic of Moldova has a comprehensive
and updated legal framework for the purposes of international legal
co-operation in criminal matters. The law on the
ratification of the Second Additional Protocol to the Council of Europe
Convention on Mutual Legal Assistance in Criminal Matters was adopted on 26
December 2012. This framework, composed of several
international, regional as well as domestic instruments, enables it to request
and offer international co-operation in criminal matters adequately, in line
with European standards. The
legal framework covers the traditional areas of co-operation such as
extradition, rogatory letters, transfer and takeover of criminal proceedings,
requests for recognition and enforcement of foreign criminal judgments and request
for transfer of sentenced persons. This framework includes some provisions on
the use of quite effective means of investigation such as hearings by
video-conference, cross-border observations, controlled deliveries, undercover
operations and joint investigation teams. As a result, the legal framework is
strong enough to face the increasing demand of co-operation in the fight
against the most serious crimes as terrorism, organized crime, drug
trafficking, trafficking in human beings, corruption, cybercrime and money
laundering. Starting from 2012, the representative of
the Prosecutor’s Office the Republic of Moldova is attending the plenary
meetings of the Committee of Experts on the operation of European Conventions
in the field of criminal co-operation (PC-OC) of the Council of Europe. Incoming and outgoing requests of
international co-operation are channelled through the central authorities, the
GPO and the Ministry of Justice (hereinafter MJ) according to the rules
established by the Criminal Procedural Code according to the stage in the
procedure either criminal investigation
or conviction following trial. Both authorities perform their task in
coordination with other internal and international bodies and institutions.
They are adequately staffed, especially the Courts following several decisions
adopted in early 2013 by the High Council of Magistrates to increase the number
of investigative judges. Growing attention is paid to providing the necessary
training and efforts are on-going to increase the necessary budgetary resources
for this purpose. The available statistical data show that
both GPO and MJ services are regularly asked to process a significant number of
requests for international legal co-operation. Regarding extradition, taking
over cases in criminal proceedings and transfers of cases in criminal
proceedings the Republic of Moldova appears to be more a requesting than a
requested State. During 2009-2012 GPO was asked to process per year the
average number of around 227 outgoing requests for extradition and only 27
incoming requests for extradition. GPO dealt on average with 31 taking
over (incoming requests) cases in criminal proceedings and 11 (outgoing
requests) of transfers of cases in criminal proceedings. On the contrary, for rogatory
letters, the Republic of Moldova appears to be more a requested than a
requesting State as during the same period, GPO processed per year the
average number 494 incoming requests and 388 outgoing requests. MJ is also asked permanently to process
requests but on a smaller scale than the GPO. During 2012-2013, regarding extradition,
MJ processed 71 outgoing requests and 12 incoming requests. MJ dealt with 14 taking
over cases in criminal proceedings (incoming requests) and no request of transfers
of cases in criminal proceedings (outgoing requests). For rogatory
letters, only global figures are available for the MJ, namely 1068 cases of
both incoming and outgoing requests in civil and criminal matters, criminal
cases being slightly less numerous that the civil ones. MJ is in addition solely responsible
authority for request for recognition and enforcement of criminal sentences and
requests for transfer of sentenced persons. During
2012-2013 MJ dealt with 16 incoming and 12 outgoing requests for recognition
and enforcement of criminal sentences. MJ processed 390 requests of transfer of
sentenced persons to the Republic of Moldova and 21
requests for transfer of sentenced persons to
foreign countries. The statistics on extradition show that GPO
processes a more significant number of requests than MJ. This difference simply
mirrors the fact that the requests related to cases which are at the
investigation stage are much more numerous than those related to the trial
stage (see above regarding competence). Regarding extradition, Both GPO and
MJ refused a limited number of incoming requests. GPO during 2009-2012
rejected only 15 requests on legal grounds mostly because the wanted persons
held the citizenship of the Republic of Moldova or due to statutory
limitations. MJ during 2012-2013, rejected only one request on legal grounds
given that the wanted person received asylum. The limited number of refusals
can be considered an indication of the open attitude of the Republic of Moldova
authorities to co-operate with third countries. The average timeframe is an
important performance indicator to assess the effectiveness of the
international legal co-operation. The timeframe for processing by both
GPO and MJ[33]
appears reasonable and does not exceed the EU average. ·
High level of effectiveness of judicial
co-operation in criminal matters of judges and prosecutors with the EU Member
States. The majority (roughly 2/3) of the requests
referred to above dealt with concerns the CIS and only less than 1/3 EU Member
States. The authorities of Republic of Moldova have been ensuring an effective
cooperation with the relevant authorities of the EU Member States. ·
Conclusion of an operational cooperation
agreement with Eurojust Eurojust finalised the Evaluation Report of
the Republic of Moldova on data protection in autumn 2012 and informed the
Council in November 2012 about the proposal to launch formal negotiations on 1
February 2013 aimed at the conclusion of an operational cooperation agreement.
The first round of negotiations took place on 10 June 2013 and was a very
positive one, consequently negotiations are expected to be finalised soon. (b) Assessment of Impact recommendations ·
Strengthen the judiciary system, including
judicial cooperation in criminal matters, in particular mutual legal
assistance. The Republic of Moldova is currently
implementing a comprehensive reform of its judiciary system on the basis of the
2011-2016 Strategy and Action Plan including important legislative and
institutional changes. A department for the implementation of the reform of the
GPO was created in September 2012 and the Prosecutor's Offices Strategic
Development Program for 2012-2014 was approved in December 2012 by the Superior
Council of Prosecutors and is currently implemented. Assessment Block 3 / topic 2 - Judicial co-operation in criminal matters The Republic of Moldova is a reliable and active partner in international legal co-operation and its track-record demonstrates a very open attitude to co-operate with EU Member States and other countries. Further action is required on: · Continue to improve the training of judges and prosecutors on international matters, including by increasing the necessary funding. · Continue improving the statistics and record them using a commonly defined list of parameters applicable, where relevant, to both the GPO and the MJ. Block 3 /
topic 3 - Law enforcement co-operation (a) VLAP benchmarks ·
High level of operational and special
investigative capacity of law enforcement services and its consistent and
efficient use to tackle cross-border crime; Since the reform of the MoI of March 2013,
the National Investigation Inspectorate of the Police consists of specialized
directorates (serious crimes, organized crime, fraud, drugs, intervention unit)
and two centres (human trafficking and IT), which tackle, under the same
umbrella, the whole spectrum of serious and organized criminal activities.
Three regional subdivisions ensure coverage across the Republic of Moldova. They report to the central directorates and perform investigations
independently. Legally and technically the reform provided
for a better cooperation between police services and prosecutors. A specialized
unit was created within the GPO – Division on control and investigation of
organized crime, which has duties in exercise and management of prosecution in
cases of organized crime offenses, in the accusation representation in courts
and in the control and coordination of the activities of special subdivisions
vested with responsibilities in preventing and combating organized crime.
Furthermore, the GPO operates a division on combating trafficking in human
beings and a division on combating cyber-crime. In December 2012, a new law on special
investigative activities entered in force and some amendments to the CPC were
adopted in April 2012. Both laws harmonise the existing legislation to the new
provisions on combating cross-border crime and international joint
investigation teams, review of national legislation on interception of
telephone conversations and review of relevant legislation in the framework of
Police Cooperation Convention for South East Europe. The current legal framework provides for a
more suitable and lawful system to employ special investigative measures,
regulated by law and under the control of the prosecutor and judicial
authority. The legal provisions are in line with international and EU legal
standards and put a wide range of investigative tools at the disposal of
investigating services. Various criminal cases have been already solved owing
to such measures, and investigators and prosecutors give the impression of
having a clear picture and understanding of when it is practically and legally
appropriate to use these tools. The interception and recording of
conversations equipment, by telephone or live listening devices are located
within the premises of the Security Intelligence Service and under their
custody. The SIS is in charge of receiving the signals from the telephone
company or from the listening devices and it transfers the signals to the
investigating services for their activities. The current system creates a
situation whereby actors performing other duties (such as intelligence and
counter-intelligence for state security purposes) have at their disposal and
control data belonging to a criminal investigation regulated by the CPC. The absence of control of Transnistria
somewhat reduces the Republic
of Moldova’s efforts to ensure public order and
security. The smuggling of goods is the most frequent illegal activity and its
impact has been limited through the presence of the EUBAM. At this stage, there
is no formalized police cooperation between Chisinau and Tiraspol. ·
High level of effectiveness of law
enforcement co-operation among relevant national agencies - especially border
guards, police, customs officers -, as well as cooperation with the judicial
authorities; In 2012 the Republic of Moldova introduced a
tool for international judicial and police cooperation: the Joint Investigation
Teams (JITs). The legal background is Article 19 of the United Nations
Convention[34]
against Transnational Organized Crime, the Palermo Convention, which entered in
force after ratification in the
Republic of Moldova on 16 September 2005. The
Moldovan law, in line with the EU requirements, establishes the general
conditions when such teams can be established. The model used by the Moldovan
authorities is bases on the EU Council Framework Decision and by the EU Council
Resolution on JITs. In the relations between police and
prosecution no major obstacles or shortfalls in communication have been
observed. Cooperation in place is at good level and there is clear division of
competences between the police and prosecutor’s office. The cases studied show
a thorough and effective knowledge of criminal procedures and investigative
techniques on both sides. The newly-established system with the MoI reform will
need to be implemented and exploited. Another measure for increasing
inter-agency cooperation was the establishment within the GPO in February 2013
of a control[35]
and investigation unit specialized in organized crime and consisting of 10
prosecutors with at least 10 years of experience each. A sensitive issue is the powers of the
General Prosecutor. The General Prosecutor, besides directing the main
prosecution service and being in charge of the most serious criminal cases, has
a strong power of “call-back”, to take over the responsibility for a case from
any lower-ranked prosecutor. This power, included in all legislative frameworks
for the purpose of coordination and substitution in case of “inactivity”, may
strongly limit the independence and autonomy of prosecutors, and should be
exercised with great caution and restriction. Some concerns were raised on
whether such a power should be somehow limited or better regulated. Other forms of inter-institutional
cooperation between law enforcement bodies, including the in the field of
prevention and combating of corruption, are based on informational exchange
systems. An Automated Integral Informational System of evidence of the
offences, criminal cases and of offenders, and the criminal procedural
legislation is shared since July 2008 between the GPO, the MoI, the Customs
Service and the National Anticorruption Centre. ·
Strengthened bilateral and multilateral
operational law enforcement cooperation agreements, including by sharing on
time relevant information with competent law enforcement authorities of EU
Member States. As a result of the on-going MoI reform, a
new Centre of International Police Cooperation (CIPC) was created in the
beginning of 2013. The CIPC brings together three subdivisions of MoI with
competences in international police cooperation: NCB Interpol, NVC SELEC/GUAM
and NCP Europol. All the offices and units in charge of international police
cooperation are now unified within a single structure and are located in the
same premises. Interpol is the centre for international
police cooperation within the MoI, and is linked with the MJ, the Customs
Service, the Security and Intelligence Service, the GPO, the Border Police, and
the National Anticorruption Centre. The Interpol office receives and sends all
international requests for information related to Interpol’s databases and it
is linked with different databases and registers in the Republic of Moldova. The flow of incoming information is stable and the rate of
outgoing information is increasing. The officials and the specialists of the
unit are thoroughly aware of their mandate and mission. Part of the wider system for international
police cooperation is the GUAM unit, which ensures a daily exchange of
information between Georgia, Ukraine, Azerbaijan and the Republic of Moldova. The amount of information which the Republic of Moldova shares with those countries through the unit is remarkable. The
Moldovan authorities participate in the work of SELEC (Southeast European Law
Enforcement Centre) and have sent two liaison officers to the SELEC centre and
besides the exchange of information, many joint operations are planned and
implemented with SELEC countries. The Republic of Moldova has posted a
liaison officer under Bureau for Coordination of Fight Against Organized Crime
within of Community of Independent States (CIS). The GPO of the Republic of Moldova has
signed cooperation agreements with similar institutions from Romania, Ukraine,
China, Turkey, Ireland, Hungary, Italy, and South Korea. In 2012 the GPO of the
Republic of Moldova has signed agreements and memoranda of cooperation with:
DIICOT – Romania; Federal Prosecutor’s Office of the Kingdom of Belgium,
General Prosecutor’s Office of Armenia, Ministry of Justice of Georgia.
Currently bilateral agreements are being negotiated with Azerbaijan, Russian
Federation, Belarus, Baltic countries, Bulgaria. Two successful examples of recent
international police cooperation include in particular the arrest of a
dangerous Moldovan criminal in Verona (Italy), with the support of the National
Central Bureau Interpol Rome and the Carabinieri of Verona; and a sensitive
video interview of a victim of trafficking. The Republic of Moldova Customs Service
signed in May 2013 a Memorandum of Mutual Understanding with the European
Anti-Fraud Office (OLAF). It envisages the fostering of cooperation, mutual
exchange of information, and joint operations against cross-border crimes. ·
Conclusion of an operational cooperation
agreement with Europol After signing a strategic agreement with
Europol in 2007, a national contact point (NCP) Europol office was established
to exchange strategic and technical information with the EU Agency. A Moldovan
liaison officer will be delegated to Europol in Hague at the end of July 2013
following the signature of a liaison agreement in early 2013. The preparatory
phase for the signature of an Operational Cooperation Agreement with Europol is
on-going and the Republic of Moldova is awaiting a Europol study visit to evaluate its data
protection regime. (b) Assessment of Impact recommendations ·
Cooperation between the Moldovan and Member
States’ authorities should be enhanced, including information sharing with
Europol. See VLAP benchmarks point on page 29 and 30
of this report. ·
Cooperation between the Moldovan authorities
with their counterparts in EU Member States on protection and assistance should
be strengthened, including the identification and referral of THB victims and
their safe return. See VLAP benchmarks point on page 18, 29
and 30 of this report. ·
Threat assessments and exchange of
information on serious crime should be developed on a regular basis, under the
aegis of Europol, and where appropriate with support of Interpol channels.
Comparative crime data should be collected according to commonly defined
indicators. See VLAP benchmarks point on page 29 and 30
of this report. ·
Exchange of best practice and training of law
enforcement services should be strengthened. See VLAP benchmarks point on page 29 and 30
of this report. Assessment Block 3 / topic 3 - Law enforcement co-operation The legal provisions, in line with European standards, give a wide range of special investigative tools at the disposal of investigating services. All law-enforcement authorities are equipped and dedicated to enhance international cooperation, and an operational agreement with Europol will greatly increase these prospects. Further action is required on: · Further develop strong links between the fighting regional and transnational organized crime unit of the Police with its counterparts in the EU, in the region and with Europol. · Further implement joint planning of coordinated measures and investigations between the National Patrol Inspectorate and the Border Police, particularly in view of the execution of special investigative measures such as controlled deliveries. · Enhance cooperation with Ukrainian border and law-enforcement authorities, enlisting EUBAM's support. Encourage operational links and exchanges of information between Chisinau and Tiraspol, without prejudice to 5+2 settlement process. Block 3 / topic 4 - Data
protection (a) VLAP benchmarks ·
Implementation of the legislation on the
protection of personal data; Ensuring efficient functioning of the independent
data protection supervisory authority also through the allocation of the
necessary financial and human resources The Data Protection legislative framework,
as revised in April 2012, is in line with European standards, including the EU
acquis, notably Directive 96/46/EC. The Law establishes the rights of
individuals when their personal data is processed and it applies inter alia to
data processing by businesses, public administration and the police sector
(excluding data classified as ‘state secret’). The Law entrusts the key responsibility to
supervise the compliance with the personal data protection standards upon an
independent authority: the National Centre for Personal Data Protection
(NCPDP). The 2012 NCPDP Report, available on its multilingual and user-friendly
website, demonstrates the wide range of its activities and provides a good
track record of the implementation of the data protection law indicating that
NCPDP both fulfils its task of carrying out controls of the lawfulness of
personal data processing and invests efforts in the education of the data
controllers from other institutions. The procedures for the notification of
data processing are well established. The structure of the Centre approved in
2008 by law indicates a staff-limit of 21 employees. Currently 16 persons are
employed and the Centre is adequately supplied with financial resources. For
2012, the Centre conducted 82 controls and as a result it issued: 6 decisions
of suspending the operations of personal data processing; 1 decision on
cessation of operations of personal data processing and started 4 contravention
procedures on the refusal of the authorities to declassify information deemed
to be unfounded classified. Having legal powers to investigate complaints from
the subjects of personal data, during 2012 the Centre's staff examined 214
petitions and other complaints (almost 3 times more in comparison with 2011 and
10 times more as in 2010), of which 98 petitions were accepted and 5 rejected,
in 111 cases explanations were given and in 6 cases brought lawsuits in
administrative court on the rejection of the authorities to declassify
information deemed to be classified unfounded. Additionally, during 2012, the
Centre has checked 41 projects of normative and legal acts issued by other
authorities for compliance with the principles of personal data protection. Assessment Block 3 / topic 4 - Data protection The legislation is implemented in line with European standards, including the EU acquis on data protection. The National Centre for Personal Data Protection is independent and functional. Further action is required on: · In case of a further legislative revision, envisage the possibility of amending the legislation to formally include the pre-consultation function among the tasks of the Centre. · Continue to actively follow up on the current pending courts cases in order to clarify the application of the law when personal data are processed by a law enforcement body. Increase efforts to raise public awareness regarding the rules applicable to data protection in electronic communications. General
assessment Block 3 The
Commission considers that the Republic of Moldova largely meets the second
phase benchmarks set under Block 3. Several recommendations need to be
further implemented so as to fulfil all benchmarks. Block 4: External relations and fundamental rights (a) VLAP benchmarks ·
Ensuring that freedom of movement within the
Republic of Moldova of Moldovan citizens and legally staying foreigners or
stateless persons is not subject to unjustified restrictions, including
measures of a discriminatory nature, based on any ground such as sex, race,
colour, ethnic or social origin, genetic features, health status (including
HIV/AIDS), language, religion or belief, political or any other opinion,
membership of a national minority, property, birth, disability, age or sexual
orientation; As reflected in the VLAP benchmarks, the
restriction to the freedom of movement within the Republic of Moldova of Moldovan
citizens and legally staying foreigners or stateless persons concerned their
registration / de-registration procedure. In application of the Law on
Foreigners 2010, a new institutional framework was established to manage
foreign migrants lawfully resident in the country. A Bureau for Migration and
Asylum (BMA) was set within the MoI, introducing a ‘one-stop-shop’ for quickly
receiving, processing and issuing permits of stay and identity documents to
foreigners lawfully residing in the country, as well as dealing with invitation
procedures, clearance for repatriation and visa extensions. On 10 December
2012, the service for providing documentation to foreign citizens opened two
regional offices: one in Balti (North Regional Service), which is expected to
serve about 13% of the foreigners living in the country, and one in Comrat
(South Regional Service), expected to serve about 11% of the foreigners. The
BMA headquarters in Chisinau continue to serve the foreigners living in the
capital as well as in the central part of the country. Similarly, the Action Plan approved on 9
November 2011 by the Government to simplify the conditions for the immigration
of foreigners for working reasons and facilitate the application for residence
by foreign investors (Decree no. 106) was translated in 2012 into important
legislative amendments to the Law on Foreigners 2010, the Law on Labour
Migration 2008 and the Law on HIV 2007. These amendments removed previous
discriminatory provisions and effectively abolished travel and permanent
residence restrictions for foreign people living with HIV/AIDS. Moreover, the
amendments to the Law on HIV concentrate on prevention measures aiming to
reduce the vulnerability of women towards HIV infection, in particular by
promoting nation-wide programmes and action in support of education and gender
equality. Measures were introduced as well to ensure the confidentiality of
medical data by medical institutions, and the protection of personal data
regarding HIV-infected people by the public administration. ·
Full, effective access to travel and identity
documents for all Moldovan citizens including women, children, people with
disabilities, people belonging to minorities and other vulnerable groups. Specific measures were put in place to
facilitate the issuance of identity documents to juveniles and socially
vulnerable categories. In 2009, the Government made the first application for
identity cards free of charge (Decision no. 844 of 18 December 2009); an
information campaign (“Identity Cards for Young Citizens”) takes place annually
in April and May. In 2011, 6 699 persons received their first identity
documents. Since that year, the Ministry of Information Technology and
Communication has kept record and made analyses of the cases of refusal of
issuance of identity documents; this assessment, which is used to guide the
implementation of measures to facilitate access to identity documents for all
Moldovan citizens, is carried out quarterly. The categories of persons benefitting from
facilitated access to identity documents include also persons with severe,
accentuated or medium-degree disabilities; WWII veterans and assimilated
persons; liquidators of the Chernobyl accident and assimilated persons; and
persons injured during the military conflict in Transnistria. For these
categories, identity documents can be issued free of charge at first
documentation; this benefit is permanent for disabled persons. Free-of-charge
issuance of identity card and passport at first documentation is also provided to
the victims of the floods of the summer of 2010 (one-time benefit); donors of
blood / blood components (one-time benefit); and babies up to one year who must
receive health treatment abroad, based on a pre-authorisation by the Ministry
of Health (a fast-track issuance procedure is foreseen for such cases). Since January 2012, mobile documentation
offices and home delivery of identity documents have been put in place for
persons with disabilities. The mobile services are free of charge for children
under the age of one year in need of medical treatment abroad (based on
referrals from the Ministry of Health) and for persons with severe disabilities
(based on referrals from the Ministry of Health or the Ministry of Labour,
Social Protection and Family). In 2012, the mobile documentation offices
delivered 155 identity documents; and 108 documents were provided using the
home delivery service. For stateless persons, the remaining
obstacles to the acquisition of citizenship (on grounds of previous
imprisonment for premeditated crimes or criminal prosecution during the
application examination) were removed by amendments to the Law on Citizenship
2000 adopted on 9 June 2011. From 1 May 2011 to 31 March 2013, 52 stateless
persons obtained the Moldovan citizenship. As regards ethnic minorities, the Moldovan
authorities have managed to put in place over time a relatively successful set
of measures to turn into practice their integration policy of the multi-ethnic
Moldovan society. After 2009, the Government Activity Programmes 2011-2014 and
2013-2015 "European Integration: Freedom, Democracy, Welfare"
included a specific chapter on “National Minorities” where the Government
committed to the following objectives: to preserve and develop the cultural and
linguistic heritage of all persons belonging to national minorities; to
implement a coherent and multidimensional state policy in relation to persons
belonging to national minorities; and to revise the legal framework, so as to
facilitate the integration of persons belonging to national minorities in the
social, administrative, cultural, political and economic life of the country. Recent progress towards these objectives,
such as the first steps envisaged in the education system towards multilingual
education (for instance, in the Autonomous Region of Gagauzia), has often been
achieved in cooperation with international monitoring bodies (such as the
Council of Europe's Advisory Committee on the Framework Convention for the
Protection of National Minorities) and despite a relatively outdated legal
framework (the law on the Use of Languages on the territory of the Republic of
Moldova dates from 1989 and the Law on the Rights of Persons Belonging to
National Minorities dates from 2001). The Republic of Moldova ratified in 1996
the Council of Europe Framework Convention for the Protection of National
Minorities, and up until now had limited itself to signing in 2002 the European
Charter for Regional and Minorities Languages ('the Charter'). In February
2012, however, a new dynamics took over, when the Government set up a Working
group on ratification of the Charter, with a view to initiating the drafting of
the Charter ratification instrument. The authorities, represented by the Bureau
of Interethnic Relations, have since then made a preliminary cost estimation of
the ratification and are actively working towards the ratification of the
Charter. As regards in particular the Roma minority
(0.4% of the population as per the 2004 census), the Ministry of Information
Technology and Communication has pursued a systematic work programme to
identify the areas of compact residence and to refine statistical information
on Roma people in the State Register of Population ('the Register'). The term
“Rom” was introduced into the Register as a choice for “ethnic belonging”,
making it easier for members of the Roma minority to identify and declare
themselves (previously, the term "Tsygan", which for many has a
pejorative meaning, was the only one proposed for identification). Moreover, as the lack of documents has a
negative impact on the enjoyment of social and economic rights, the Moldovan
authorities have the intention on continuously addressing the issue of
providing all Roma people residing in the Republic of Moldova with identity
documents. In 2012, the Government exempted the citizens of Roma ethnicity from
issuance fees for a period of six months starting from 1 October 2012 (Decision
n. 497 of 6 July 2012). Four information campaigns were subsequently carried
out through local public administrations, educational institutions, Roma NGOs
and the electronic media to encourage Roma people to apply for identification
documents and social benefits. Thanks to these measures, 959 individuals were
newly provided with identity cards. Overall, 2 521 identity documents were
issued in 2012 to Roma people; in application of the Action Plan on Supporting
Roma People, the process of issuing identity documents to Roma people (evidence
and documentation) is permanently monitored by the territorial subdivisions of
the Ministry of Information Technology and Communication. Regarding the registration of new-borns, in
particular to prevent possible cases of missing registration of new-born Roma
children, the Ministry of Information Technology and Communication (Common
Order no. 114/476 of 12 December 2008) has established a mechanism for issuing
birth certificates at the medical institutions, and instituted offices for
subsequent registration of children in maternities. ·
Effective implementation of legislation and
policies on anti-discrimination, implementation of relevant UN and Council of
Europe instruments; The Law on Ensuring Equality of 25 May 2012
entered into force on 1 January 2013. Accompanied by a package of legislative
acts, including the Law on Social Inclusion of People with Disabilities and
amendments to the Criminal Code, timely adopted by the Parliament, and their
implementing acts, it constitutes the cornerstone of the anti-discrimination
framework in the Republic of Moldova. However, it can be evidenced that the
Moldovan authorities undertook to implement without delay a robust program of
actions and initiatives to promote and explain the content of the new legal
framework to magistrates, lawyers, law enforcement officers and the general
public. The results of these efforts are already visible, not the least thanks
to the early involvement in this effort of relevant and competent institutions
such as the Ombudsmen / Centre for Human Rights, the National Institute of
Justice, some of them in partnership with UNDP, and the help of a number of
NGOs and international partners. In November 2012, the National Institute of
Justice conducted regional trainings for 255 judges and 42 prosecutors on
"Interpretation and enforcement of the Law on Ensuring Equality". New
trainings are scheduled for the current year. At the request of the MJ, the Office of the
UN High Commissioner for Human Rights in partnership with the National
Institute of Justice held on 6 December 2012 a pilot training course for 30
judges and prosecutors. For 2013, six training seminars are envisioned, out of
which three have been conducted (90 judges and prosecutors). In addition, the
Advocates' Law Centre in partnership with the Bar Association organised in 2013
a series of training sessions for 200 lawyers (from all the Republic of
Moldova's regions) on national and international provisions on
non-discrimination, on European Court of Human Rights case-law in the field,
and on providing legal assistance to victims of discrimination. This initiative
took place in the framework of a project (“Consolidating lawyers' knowledge on
discrimination cases”) funded by the Soros Foundation, which was concluded with
a nation-wide conference on “The role of lawyers in tackling discrimination
cases - European experience in practice” (19 April 2013). The Moldovan authorities have also made
significant efforts to make operational a major element for the implementation
of the Law on Ensuring Equality, the Equality Council. Effective functioning of
the Council and its ability to carry out its duties in an independent and
impartial manner are key components of the implementation process. Two members
were appointed on 7 March and the three remaining were appointed on 10 June. In
the EU-Republic of Moldova Human Rights dialogue of 16 April 2013, the Moldovan
authorities confirmed their commitment to making the Equality Council operational
by the Autumn of 2013. The MJ anticipates that the budget of the Equality
Council will allow funding 20 full-time employees in the start-up phase. In 2012, the Republic of Moldova recognised
the competence of the UN Committee on Elimination of Racial Discrimination to
receive individual communications under Article 14 of the UN Convention on the
Elimination of all forms of Racial Discrimination. Following the adoption of
the Law Ensuring Equality, the Moldovan authorities are considering also to
ratify Protocol No. 12 to the European Convention for the Protection of Human
Rights and Fundamental Freedoms. Apart from the Law on Ensuring Equality,
other important reforms were adopted in 2012 in order to ensure the legislative
framework for ensuring non-discrimination in accordance with international and
European standards. The Law on HIV 2007 was amended in order to fulfil a
two-fold objective: a) to remove the discriminatory provisions against persons
affected by HIV in different fields, including the abolition of travel and
permanent residence restrictions for foreigners, and b) to strengthen the
protection of privacy and confidentiality. These amendments are effectively
implemented. Also, the Law on Social Inclusion of
Persons with Disabilities (law n. 60 of 30 March 2012) entered into force,
aligning the Moldovan legal framework with the country’s obligations resulting
from the ratification of the UN Convention on the Rights of Persons with
Disabilities (UNCRPD). This new, far-reaching law applies not only to Moldovan
citizens but also to foreign citizens with disabilities who have their legal
residence in the Republic of Moldova. The law foresees cooperation between the
State and civil society. According to the latter, the Moldovan authorities are
working actively on implementation measures to move from a ‘medical’ to a
‘social’ model for the determination of, and dealing with disabilities and the
rights of persons with disabilities, and on the allocation of the necessary
budgetary resources. Yet, a number of measures have been already
adopted to implement the provisions of Law n. 60 concerning integration in the
field of employment (Chapter V) and especially the provision establishing a 5%
quota of employees to be recruited by medium-size and large companies (more
than 20 employees) among persons with disabilities with an employment
recommendation from the National Council for Determining Disabilities and Work
Capacity. The Ministry of Labour, Social Protection and Family launched the
recruitment of 43 officials to be deployed to all the local offices of the
National Agency for Employment with a view to providing personalised assistance
to persons with disabilities in the job-recruitment process, with the
participation of ad hoc associations, trade unions and employers. On 26 December 2012, law n. 306 'amending
and completing some legal acts' was adopted by the Parliament; it introduced in
the Contravention Code new administrative offences of labour discrimination,
education discrimination and discrimination regarding access to public services
and goods. In addition, the criminal legislation on
‘hate crimes’ was reviewed. Article 176 of the Criminal Code ('infringement of
equality') was reformulated so as better to define the elements constituting
the criminal offence (“distinction, exclusion, restriction or preference”
instead of the nonspecific “infringement”). Still, some aspects are not yet
brought in conformity with the standards of specificity and foreseeability;
moreover, the criminal legislation covering ‘hate crimes’ remains rarely
implemented by law enforcement agencies and the judicial authorities. By
contrast, judicial litigation in civil law cases reflect an active dynamic in
Moldovan society, reflecting the Government’s pro-active policy, with the
emergence of a track record of litigation activity initiated by civil society
and state institutions on discrimination cases, which have prompted
precedent-setting rulings by domestic courts and raised awareness of the
general public to the issue. Furthermore, in the wake of the June 2012
ruling of the European Court of Human Rights in the Genderdoc-M case
(application n. 9106/06), the central authorities and the Chisinau municipality
showed readiness to ensure the right of freedom of assembly of LGBTI persons,
as shown during the successful marches of the LGBTI community on 14 February
and 19 May 2013. These marches were the first ones ever in the history of the
Republic of Moldova to take place in secure conditions, under effective
protection of the police. A positive step must be mentioned also
regarding the status of transsexual people and of their rights for legal
recognition of change of name and legal gender. On 2 November 2012 the Supreme
Court of Justice issued its 'Recommendations N. 16' on the examination
procedure for complaints regarding the rectification of the civil status act
following gender reassignment surgery. These recommendations correctly and
expressly reflected European Court of Human Rights case-law, establishing the
denial to recognise post-operative gender in civil status as a violation of the
Convention for the Protection of Human Rights and Fundamental Freedoms (right
to respect for private and family life). While commendable, this effort does
not seem to solve entirely the issue: other legal provisions seem to continue
to give ground for Civil Status Registry offices to refuse to amend a person's
civil status following his/her gender reassignment, with the consequent need
for him/her to contest the decision in court. In the judicial field, as a consequence of
the heated public debate in 2011-2012 and as a sign of a more active dynamic in
Moldovan society on discrimination issues, the year 2012 witnessed a remarkable
emergence of litigation activities on discrimination cases. Some cases
clarified the limits of the freedom of expression in the case of ‘hate speech’,
among other cases in instances of defamation and inflammatory statements
against Roma people and LGBTI persons or the publication on web-sites of 'black
lists' of public figures "promoting homosexuality". It is important
to underline that the Courts adjudicated these cases in line with international
and European standards with respect to the legitimate limits of the freedom of
expression in cases of dissemination of ethnic, religious or social hatred
('hate speech'); in some of the cases, they also decided to grant moral
compensation to the plaintiffs. Also, the Chisinau of Court of Appeal
rejected a complaint lodged by a religious organisation against the decision of
‘Teleradio Moldova’ to broadcast a documentary on LGBTI rights as human rights,
with the reasoning that the plaintiff had tried “to enforce an interdiction for
freedom of expression and opinion on a subject related to the rights of sexual
minorities”. Equally telling was the reaction prompted by civil organisations
and public authorities as well by the discriminatory measures against LGBTI
individuals and members of religious minorities adopted by some local councils,
including the Balti City council. On 28 February 2013, the Balti Court of
Appeals ruled that the latter's creation of a "zone of special support of
the Moldovan Orthodox Church" and ban on the "aggressive propaganda
of non-traditional sexual orientation" was a violation of human rights. As
regards the discriminatory decisions adopted by some other local councils, the
State Chancellery notified the concerned authorities about the illegality of
their decisions and initiated the related legal proceedings. As a result, all
decisions of local municipalities were cancelled by the issuing authorities or
declared illegal by the respective courts. The same approach is being followed
by the Ombudsmen in the case of the law 'on ensuring the principles of
equality, equity and objectivity' adopted on 30 April 2013 by the People's
Assembly of the Gagauz Autonomy, which calls into question some of the rights
established by the Law on Ensuring Equality, notably with regard to the
employment rights of LGBTI persons. ·
Effective implementation of the National
Human Rights Action Plan measures on fight against discrimination (including
allocation of adequate resources); general awareness raising campaigns against
racism, xenophobia, anti-Semitism and other forms of discrimination;
strengthening the responsible bodies for anti-discrimination policy and
combating racism, xenophobia and anti-Semitism; On 27 December 2012 the Parliament adopted
amendments to the National Human Rights Action Plan ('the Action Plan'),
prepared together by the authorities and civil society in order to take into
account new developments, such as the outcome of the Universal Periodic Review
(final report of March 2012) and other international recommendations. Following
this exercise, new chapters were included, such as: Prevention of, and fighting
against discrimination; Freedom of thought, conscience and religion; and Rights
of stateless persons, migrants, refugees and asylum seekers. In the EU-Republic
of Moldova Human Rights dialogue of 16 April 2013 the Moldovan authorities
confirmed the priority they attach to the continuous implementation of the
Action Plan - with adequate financing - and its monitoring. The latter is coordinated by an ad hoc
National Commission for the Implementation of the Human Rights Action Plan
('the national commission') with the technical support of the MJ, as well as by
the Standing Parliamentary Committee on Human Rights. It is based on a set of
performance indicators and includes a qualitative assessment and feedback
mechanism; it showed that 85% of the actions planned for 2012 had been
completed or were in progress at the end of the year. The national commission
requested more involvement from the country's 35 district councils. It also
added a separate financial chapter to the Action Plan, where the national and
local authorities have been requested to indicate the sources of finance,
internal or external, earmarked or required to ensure full implementation;
cooperation with national and international partners has remained an important
factor for the implementation of the Action Plan. The Moldovan authorities have
recently decided to invite representatives of the Council of Europe, the UN,
the EU, the OSCE, national and international NGOs to participate in the
national commission. The National Action Plan on Supporting Roma
People 2011-2015, revised in 2012 in consultation with international partners,
makes a breakthrough in the Republic of Moldova's policies towards Roma as it
focuses on social inclusion rather than limiting itself to the promotion of
Roma culture. The institutionalisation of the Roma community mediators is an
important step towards better integration of Roma people. The work of the
network of Roma community mediators, now on the pay roll of the Republic of
Moldova budget, should be pivotal for the intended strategy of social
inclusion, based on combined efforts of the central and local authorities, the
active participation of civil society and international organisations (such as
UNICEF), and with adequate financial allocations. 15 Roma community mediators
have been put in place, being fully funded by the state budget; this number is
planned to reach the optimal level of 47 community mediators by 2015. In
support of a strategy of empowerment of Roma women, 13 out these 15 initial
community mediators are of female gender. As a positive development to increase
the capacity and awareness of the Moldovan authorities to target the issue of
social inclusion of Roma, a post of special adviser to the Prime Minister on
Roma issues was created in November 2012. As regards the institutions, the importance
of ensuring respect for human rights in the justice sector was re-affirmed as
one of the pillars of the large-scale, comprehensive Strategy for reforming the
justice system 2011-2016 and the related Action Plan. A first wave of
legislative amendments, adopted in July 2012, strengthened the Superior Council
of Magistracy and in particular reinforced its disciplinary powers; they also
achieved the goal of allocating judges in a more efficient and flexible manner,
according to the effective workload and caseload in particular courts and
districts, and of reducing work pressure on judges, by creating the position of
judge's assistant. The system of legal aid, created in 2008 and organised
around a National Legal Aid Council, was improved as well. The Guide on State
Guaranteed Legal Aid published in 2010 with the support of the Council of
Europe and the European Commission continued to be conveyed to relevant
institutions and specialists providing legal aid, while a summarised leaflet
was made available for the general public, providing explanations about the
types of legal aid and procedures for its request and delivery. Furthermore, the provision of legal aid was
diversified by instituting public defenders alongside the private lawyers who
are willing to deliver legal aid on contract basis with the five territorial
offices of the National Legal Aid Council. Accredited NGOs will also be allowed
to provide legal aid in civil cases; paralegals and NGOs will provide primary
legal aid (basic information about law and assistance in drafting different
acts, except procedural acts for court proceedings). As from 1 January 2012 it
became possible for plaintiffs to apply for legal aid also in civil cases; such
aid is available to persons with no means to retain a lawyer, and whose case is
of a certain legal or procedural complexity. The strategy for the reform of the justice
sector gives due importance to the reform of the Ombudsmen's institution, the
Centre for Human Rights ('the Centre') with a view to strengthening its
independence and effectiveness as well as those of the related National
Mechanism for the Prevention of Torture (in November 2009, the Centre for Human
Rights received “B” status by the International Coordinating Committee of
National Institutions for the Promotion and Protection of Human Rights, so
indicating partial compliance with the Paris principles). An ad hoc working
group conducted a detailed study on the activity of the Centre, including the
evaluation of the latter's performance, financial needs and possible measures
for optimising its activities. Based on its conclusions, and with the involvement
of international partners (such as the UN local adviser on human rights and the
former UN Special Rapporteur on torture) and local NGOs, the MJ prepared draft
legislation on the re-organisation of the Centre, the selection and nomination
of the Ombudsperson(s), and establishing the latters' degree of autonomy in
selecting and appointing the Centre's staff, shaping the internal organisation
of the structure, and dealing with budget issues. At this stage the draft law
has been submitted for public consultation. At the same time, the Centre made its own
efforts to improve its effectiveness and the credibility of its role. It
started to use its prerogative to question the constitutionality of specific
laws before the Constitutional Court and to initiate legal standings before the
Court or to intervene in judicial proceedings in the form of “amicus curiae”,
including in anti-discrimination proceedings. It opened a regional centre in
Varnita, a Republic of Moldova-controlled suburb of Bender, in the so-called Security
Zone, with a view to addressing the requests of the local population and
improving cooperation with the correspondent ombudsman institution in
"Transnistria". (b) Assessment of Impact recommendations ·
Continue to implement its Human Rights Action
Plan 2011-2014 and continue to seek involvement of the international community
in tackling minorities' issues. The Moldovan authorities have shown
consistent commitment and improving results in implementing the Human Rights
Action Plan 2011-2014. In March 2013, amendments to the Government decree
establishing the National Commission for the Implementation of the Human Rights
Action Plan are being drafted in order to invite international organisations
such as the Council of Europe, the UN, the EU, the OSCE and international NGOs
to partake in the commission's monitoring and assessment work. The intention of
the Moldovan authorities was to proceed quickly with such an invitation after a
new Government would be appointed. ·
Ensure effective implementation of anti-discrimination
legislation, in line with European and international standards, notably by
issuing comprehensive guidelines and by having in place a functioning Equality
Council. As extensively dealt with in the previous
section, the Moldovan authorities, judicial institutions, civil society and the
population at large show a high degree of awareness of anti-discrimination
issues, a subject that is still controversial in the society. A number of
implementation measures being taken shortly after the Law on Ensuring Equality
was adopted, notably a robust education and training programme to provide
implementation guidelines to jurists and to inform the general public;
administrative decisions or regional legal acts opposing the Law on Ensuring
Equality being repealed through legal means; and to the emergence of national
case law being set in line with the decisions of the European Court of Human
Rights. ·
Sustain its financial efforts to implement
the Action Plan on Roma Support 2011-2015 in an effective and consistent
manner. As dealt with in the previous section, the
Action Plan on Roma Support 2011-2015 has been implemented in a consistent
manner. Although with some delay, their previous commitment to institutionalise
the Roma community mediators was translated into effective budgetary
commitments in 2013. On this issue as well on human rights issues in general,
cooperation with, and support from the international community is an important
factor for ensuring success of the planned actions. ·
Continue the good cooperation with de facto
authorities in Tiraspol, which would allow information exchange on the issuance
of documents as well as on law enforcement aspects; As described in the VLAP benchmark point,
the issuance of identity documents to Transnistrian residents by the
constitutional authorities of the Republic of Moldova is made on the basis of
information provided under Moldovan law and checked against information in the
possession of the constitutional authorities. Cooperation between Chisinau and Tiraspol
on law enforcement matters takes place in an ad hoc manner on the basis of an
agreement of 1994. This agreement, however, cannot been implemented as such in
the context of the Republic of Moldova's progress in human rights issues
insofar as it does not provide sufficient guarantees on the protection of
personal data and respect for human rights of suspects requested for
investigation by the de facto Transnistrian authorities; this format needs to
be revised. Work on this issue was resumed in the wake of the Odessa
'5+2'meeting, on the basis of a draft proposed by the OSCE Mission to the
Republic of Moldova. ·
Increase efforts to overcome possible
security and migration challenges and find possible solutions for enhancing the
control without prejudice to the "5+2" negotiating process. In March 2013, the Moldovan Deputy Prime
Minister for reintegration (the Republic of Moldova's political representative
in the '5+2') informed through a letter the Transnistrian de facto
administration, the other participants in the '5+2' process and the Joint
control commission established under the Russia-Republic of Moldova ceasefire
agreement of 1992 about the Republic of Moldova's intention to create six
registration points of the Moldovan Bureau for Migration and Asylum on the administrative
boundary line with 'Transnistria', in the so-called security zone of the
Transnistrian conflict to monitor and control migration flows through the
central (Transnistrian) segment of the Republic of Moldova-Ukraine border. The
information provided to Tiraspol contained basic facts about the location,
procedures, responsible institutions and other relevant aspects. In April, following the negative reaction
of the Transnistrian administration, the Deputy Prime Minister for
reintegration provided additional clarifications to Tiraspol in writing, as
well as through public statements, including those issued by the Bureau for
Migration and Asylum. The issue was raised again during the Odessa meeting of
the '5+2' (23-24 May 2013), where the Republic of Moldova dispelled
Transnistria's accusations that its initiative would hinder freedom of movement
for Russian and Ukrainian Transnistrian residents who did not hold a Moldovan
passport. Transnistria seemed satisfied with the explanations received. The
Republic of Moldova agreed additionally to pursue with Russia and Ukraine
tripartite consular consultations on the recognition of the Moldovan residence
of Russian and Ukrainian Transnistrian residents who refuse to register with
the Moldovan authorities. According to the National Bureau of
Statistics, in 2012 the population of the Republic of Moldova was 3 559 541
persons (without the Transnistrian region). Additionally, the population of the
Transnistrian region was estimated about 509 400 persons (without deducting the
considerable number of immigrants from the region), out which 280 239 (55%)
were Moldovan citizens registered within the State Register of the Population.
In 2012, the Ministry of Information, Technology and Communications issued 15 531
passports to the citizens of the Republic of Moldova residing in the
Transnistrian region. The Republic of Moldova pursues a generally
inclusive policy with regard to its citizens residing in 'Transnistria',
allowing them to get free-of-charge access to Moldovan citizenship on a
voluntary basis (or free-of-charge issuance of identity documents at first
documentation). Given the lack of recognition of the Transnistrian civil status
documents by the Republic of Moldova, the Ministry of Information, Technology
and Communications applies specific measures to confirm the applicants'
citizenship, in line with the amendments of the Law on citizenship 2004 and
Government Decisions n. 959 from 9 September 2005 and n. 337 of 10 May 2011.
Since May 2012, discussions have been underway between Chisinau and Tiraspol to
implement a mechanism of information exchange, allow the re-registration of the
documents issued by the Transnistrian de facto authorities, and notably
introduce elements of nation-wide identification (a number generated by the
Moldovan Civil Status Registry) in the civil status documents issued by the
Transnistrian de facto authorities; this would simplify the application process
for Transnistrian residents applying for Moldovan identity documents. For the moment, Government Decision n. 125
of 18 February 2013 approving the 'Regulation on the issuance of the identity
documents and evidence of the population of the Republic of Moldova' (replacing
Government decision nr. 376 of 6 June 1995 as subsequently amended) stipulates
that the "identification of the persons that reached the majority age and
have not been documented earlier, or whose identity cannot be established upon
documents issued earlier, is to be performed upon the declaration on the
responsibility of one of the parents, legal representatives or other relatives
of the I-III degree". In the latter case, the applicant must provide
additional explanatory documents issued by the local public authority or other
state institutions that possess information on the respective person.
Accordingly, descendants or relatives of residents of Transnistria who are not
able to be identified and recognised under the Soviet-model passport system
(which the Moldovan "Register" has inherited), can currently rely on the
statements of their relatives in order to apply for Moldovan citizenship. The
Moldovan Criminal Code foresees fines and up to one year of imprisonment for
false statements in front of a public officer in order to produce a legal
consequence for a third person. General assessment Block 4 The Republic of Moldova has moved towards effective implementation of the required second phase benchmarks. Remaining restrictions on the legal stay of foreigners and stateless persons were removed; access of all citizens to identity documents has continued to be effectively improved; considerable improvements were achieved in the implementation of the anti-discrimination legal framework. Additionally, the situation of the Transnistrian region has been addressed diligently, by setting-up a migration monitoring system and putting in place special confirmation procedures for Transnistrian residents applying for Moldovan identity documents. Moreover, the Republic of Moldova shows a track record of consistent follow-up on all the recommendations conveyed in the Assessment of Impacts. The Commission considers that the Republic of Moldova generally meets the second phase benchmarks set under Block 4. Further action is required on: · Confirming the sustainable implementation of the Law on Ensuring Equality, notably by setting up a functioning Equality Council and furthering progress towards the full implementation of the law on the social inclusion of persons with disabilities; · Confirming the financial backing of the National Human Rights Action Plan; · Continuing the implementation of the justice sector reform, including the strengthening of the ombudsman institution; · Establishing the announced registration posts along the administrative boundary line with 'Transnistria'; · Furthering progress with 'Transnistria' to facilitate the documentation and evidence of Transnistrian residents. 3. conclusions Since the launching of the EU-Republic of
Moldova Visa Dialogue in June 2010 and the presentation to the Moldovan
authorities of the Action Plan on Visa Liberalisation (VLAP) in January 2011,
the Commission has been regularly reporting to the European Parliament and to the
Council on the progress made by the Republic of Moldova in taking the necessary
measures to fulfil the benchmarks identified under the four blocks of the first
phase and now under the second phase of the VLAP through this 4th
progress report. Over and above this intense reporting
process related to the VLAP, the Commission has also continued to monitor the
progress made by the Republic of Moldova in relevant areas of the VLAP through
the ·
the EU-Republic of Moldova Joint Visa
Facilitation Committee; ·
the EU-Republic of Moldova Joint Readmission
Committee; ·
the EU-Republic of Moldova Joint Sub-Committee
n°3; ·
the Senior Officials Meeting of the EU-Republic
of Moldova Mobility Partnership; ·
the EU-Republic of Moldova Human Rights
Dialogue. In each of these committees and frameworks
the state of dialogue and cooperation between the EU and Republic of Moldova is
advanced and running smoothly. During the most recent Visa Facilitation and Readmission
Joint Committees that took place in on 12 June 2013 in Brussels, with the participation
of EU Member States, the Commission registered an overall satisfactory implementation
of both agreements. The EU-Republic of Moldova Visa Dialogue
has proved to be an important tool for advancing reforms, not only in
the Justice and Home Affairs area, but also beyond impacting areas such as rule
of law and constitutional issues including political parties financing and
political immunities. The progress made by the Republic of Moldova under the
various areas covered by the four blocks of the VLAP has been constant and
effective in the last three years, showing the important commitment and the
efforts made by the Moldovan authorities in making the implementation of the
VLAP a priority in its legislative, policy and administrative agenda. It is however important to reaffirm that
reforms undertaken in several areas covered by the VLAP, and in particular
those attaining to the good governance of the public administration, clearly
need stable political will to be shown by the Moldovan authorities, with
a view to having those reforms fully consolidated in the Moldovan society. The current assessment shows that the Republic of Moldova is broadly in line with all benchmarks set in the four
blocks of the VLAP. The functioning of the legislative and policy framework
and the institutional and organizational principles and procedures throughout
the four Blocks is in compliance with the European and international standards.
The Commission considers that the
Republic of Moldova has made very good
progress in the effective and sustainable implementation of the second
phase benchmarks of the VLAP. The fulfilment of the actions required in the
present report would bring the
Republic of Moldova to the finalisation of the
implementation of all benchmarks of the second phase of the VLAP. The Commission will continue paying
particular attention that appropriate financial and human resources are being
allocated by the Republic of Moldova to the sustainable implementation of the
legislative and policy framework. In that respect, the Republic of Moldova is requested to establish a long-term multi-year planning
for ensuring that the necessary financial and human resources are allocated for
an enduring fulfilment of the benchmarks through the systematic integration of
the necessary expenditure lines in the State budget. It is also essential to
continue organising targeted information campaigns aiming to clarify the
rights and obligations of visa-free travel, and on rules regulating access to
the EU labour market. The Commission will continue to actively
monitor the fulfilment of the actions required in the present report under
the four Blocks of the VLAP, with a view to reporting in the autumn on
the effective implementation of all benchmarks under the Action Plan on Visa
Liberalisation. [1] Council document 18078/10. [2] (i) document security, including biometrics; (ii)
irregular migration, including readmission; (iii) public order and security;
and (iv) external relations and fundamental rights. [3] SEC (2011) 1075 final. [4] SWD (2012)12 final. [5] COM (2012) 348 final. [6] COM(2012) 443 final. [7] Sub-Committee N° 3: Customs, cross-border
cooperation, money laundering, drugs, irregular migration. [8] COM(2012) 443 final.. [9] Duotone watermark, fibres fluorescent under UV light,
fluorescent security thread, micro printing, passport numbering with laser
perforation, as contained in point V of the Informative Appendix 1 to Section
III.Security Standards for machine readable travel documents of ICAO Doc 9303,
Part 1. [10] Watermark, microprints, emblem and serial number of the
form presenting fluorescence under UV light. [11] According to the Moldovan authorities the population of
the Transnistrian region is 509 400 persons, out of which 55% are citizens of
the Republic of Moldova and 33 128 of which hold Republic of Moldova biometric
passports. [12] Regulation (EC) No 562/2006 of the European Parliament
and of the Council of 15 March 2006 establishing a Community Code on the rules
governing the movement of persons across borders [13] SEC(2011) 145 final [14] In 2012, there were 87 investigated cases of
corruption, 92 investigation cases concluded, 102 disciplinary sanctions
applied, out of which 34 cases resulted for dismissals. During 2010 – 2012,
four criminal cases on serious corruption offences have been initiated. [15] EU Schengen Catalogue on External borders control, Return
and readmission, Recommendations and best practices, Council document 7864/09. [16] http://www.eubam.org/files/20121206142708402683P9AP_ENG_Second_Year.pdf
[17] The Georgia, Ukraine, Azerbaijan and the Republic of
Moldova (GUAM) Organization for Democracy and Economic Development [18] The Border Police Department received in April 2013 all
the necessary equipment and 30 patrol cars in order for the mobile units to be
functional. [19] The most recent Joint Readmission Committee took place
on 12 June 2013. [20] In accordance with the minimum standards of the Council
Directive 2008/115/EC for returning irregularly staying third-country
nationals. [21] In accordance with Council Directive 96/71/EC
concerning the posting of workers in the framework of the provision of services [22] The most recent Visa Facilitation Joint Committee took
place on 12 June 2013. [23] In 2012 the average processing time for the first
instance decisions amounted 107 days, well within the 6 months deadline. When
the second instance is included, this processing time is considerably longer - 401
days. Currently, decisions on 82 cases (85 persons) are pending (awaiting a
decision in first instance or appeal instance). [24] 17 decisions were taken since the start of the
procedure. On 1st January 2013 there were 1998 stateless persons on the
territory of Republic of Moldova (recognised / with right of permanent
residence). [25] Annual figures on THB: registered crimes (140 in 2010;
111 in 2011; 151 in 2012) and victims assisted by the CAP (355 in 2010; 339 in
2011; 424 in 2012). Identified victims, according to the MoI: 131 in 2011; 266
in 2012. Convictions: 7 in 2011; 13 in 2012. Assisted victims of child
trafficking: 9.6% in 2010, 14% in 2011, 13% in 2012. [26] The funds necessary for the implementation of actions
included into the plan shall be provided in the allocations for 2012–2013 made
to the public authorities financed from the state budget and local budgets, in
addition to the external assistance to be received by the public authorities
for the implementation of specific projects: Support of CoE Project for the
Good Governance and Fighting Against Corruption in the Eastern Partnership,
Support of the European Commission in the project „Supporting the Government of
the Republic of Moldova in maintaining the anti-corruption activities,
reforming the Ministry of Internal Affairs including police, and personal data
protection”. [27] Until now this system has not had the envisaged impact
and has not significantly modified the approach to integrity in the public
sector. Self-evaluation of corruption risks was most of the time a formal
exercise and the political instability had an impact over the management
capacity of public institutions. The integrity plans resulting from this
process were not of satisfactory quality. NAC has recently acquired the
competence to be part in and comment on the work of the working groups
entrusted with the analysis of corruption risks – before NAC only had a general
oversight role that did not allow for substantial involvement in the process. [28] Functional independence is ensured through a procedure
of appointing the NAC director so that the term of office does not correspond
to that of the Government, Parliament and President; appointing the NAC
director and deputy directors based on criteria of professionalism
non-political affiliation set in the law; procedure of nomination/dismissal
shall involve more than one authority; strict conditions of dismissal before
the end of the term of office exhaustively defined in by the law. [29] Lifestyle checks refer to the verification of the
lifestyle of a person compared to the legally earned income. [30] “Support to the Government of the Republic of Moldova
in the field of anticorruption, reform of Ministry of Internal Affairs including
police and personal data protection” project [31] CEC is composed of representatives from various
political parties with three full-time functions plus 20 staff and they operate
mainly during the electoral campaign. The CEC must have the necessary resources
to implement substantive, proactive oversight of the financing of election
campaigns and of political parties in general. [32] OPFML is
a member with observer statute of the Camden Asset Recovery Inter-agency
Network (CARIN). [33] (i) Incoming requests for extradition: MJ processes
them in 3-4months and GPO in 2-3 months; (ii) Incoming rogatory letters: MJ
processes them in 2-3 months and GPO in maximum 6 months; (iii) MJ processes
incoming requests for recognition and enforcement of criminal sentences in approximately
3 months and outgoing requests for recognition and enforcement of criminal
sentences in 4-5 months; (iv) MJ processes requests for transfer of sentenced
persons to foreign countries in 5-6 months. [34] According to the Convention the competent authorities
of two or more states parties may establish, by mutual agreement, a JIT for a
specific purpose and for a limited period of time to execute criminal
investigations in one or more of their countries. [35] The control objective means how law-enforcement bodies
refer, register and notify organized crime cases.