CHRM: Minors detained in penitentiary institutions are not fully ensured with realization of the right to education. That although the Constitution of the Republic of Moldova guarantees that lyceum education, professional and high education is equally accessible to all on the basis of merit.
These and other findings were made by employees of CHRM service of child rights protection, who monitored the implementation of Art. 35 alin. (1) from the Constitution of Republic of Moldova in penitentiary institutions where convicted minors are detained. In this regard were visited penitentiary institutions nr. 5, 10, 11, 13, where are detained/convicted minors. (Raport tematic)
The CHRM officials discussed with minors, employees of the penitentiary institutions, managers of educational institutions, which had open general education classes for detained minors from penitentiary institutions affiliated to educational institutions in their dislocation range.
On the edge of the made visits was established that detainees graduates of secondary school cycle and those who at the time of arrest and detention studying at high school cycle cannot continue their studies. That's becauseeducational institutions provide only general compulsory education stage.
It was also found that the educational process is not monitored by the educational institution affiliated to penitentiary institution. The schedule and objects of study taught to detained minors varies from one institution to another, contrary to the Ministry of Education Order nr. 679 from 04 July 2013.
Analyzing the provisions of educational institutions directors affiliated to penitentiary institutions also was found that a large proportion of school subjects are not taught to detained minors. It happens because the number of hours is determined without taking into account the Framework Plan prepared by the Ministry of Education.
Another conclusion is that within the preventive detention isolators do not make focus on vocational training of detained minors, because teenagers presence in penitentiary institution is short. Minors are not always provided with books, study materials needed in an educational process.
After examination of detainees files was discovered that some minors have been in preventive detention isolators for long periods of time - up to 450 days.
In order to improve of this contested situation the CHRM’s service of child rights protection submitted several recommendations to responsible authorities.
According to national legislation the study process and education in the Republic of Moldova is ensured for everybody inclusively to the convicted persons, an aspect regulated in Executive Code of the Republic of Moldova nr. 443-XV from 24 December 2004.At the same time art. 240 alin. (1) of the Law regarding the penitentiary system nr. 1036 from 17 December 1996, art. 11 alin. (13) provides that " in penitentiary institutions are mandatory organized the general secondary education of convicts."