The Parliamentary advocate Aurelia Grigoriu intervened in a case of illegal detention of a person in a penitentiary institution. As a result, military prosecutors will decide on instituting of criminal proceedings against suspected persons in abuse of authority, admitted to the citizen BV.

On 11.12.2012 the Center of Human Rights from Moldova was informed by the lawyer of citizen BV regarding its illegal detention, starting on December 4 in Penitentiary nr. 17 Rezina.

On the 12 December 2012, the Parliamentary advocate Aurelia Grigoriu made an address to General Prosecutor’s Office and the Department of Penitentiary Institutions with the request to verify of the facts set up in Lawyer’s notice. After examination, the Department of Penitentiary Institutions sent the Parliamentary advocate request and all attached materials to the the regional Prosecutor’s Office in Rezina. Based on the examination of the application under Art. 28 align 1 lit. b) of the Law on Parliamentary Advocates on 28.12.2012 the Ombudsman called Prosecutor's Office and the Department of Penitentiary Institutions, on bringing to justice the persons admitted in this case violation of the fundamental right to liberty and security of person. Concerned Institutions did not give comply with the Parliamentary advocate request.

Moreover, in responses dispatched to ombudsman, on 12.01.2013 and 11.01.2013 respectively, the Rezina Prosecutor’s Office and the Department of Penitentiary Institutions stated that in mentioned case was not violated the fundamental right to liberty and security of person. Was not took into consideration neither the request of Parliamentary advocate neither the request of the lawyer of B.V. citizen regarding his release, to the Penitentiary  Nr. 17 Rezina Administration, registered on 06/12/12, with copy of Supreme Court decision from 04.12.2012 in the annex.

Therefore, considering the guarantees laid down in art. 5 ECHR and that Moldova could be sentenced on Article 13 ECHR, under art. 28. p.1 b) of the Law of the Republic of Moldova no. 1349 - XIII of 17.10.97, the Parliamentary advocate repeatedly asked the General Prosecutor Office, “to intervene for bring a disciplinary or criminal proceedings regarding the person in positions of responsibility who committed violations that generated considerable damage to human rights and freedoms ".

As a result, the 03.04.2013 the Parliamentary Advocate has been informed by General Prosecutor’s Office that mentioned criminal case was sent to Military Prosecutor for criminal investigation started on February 26, 2013, according to indexes of infringement under Art. 328 align. 1 of the Criminal Code, in fact of allowed power excess in respect of BV citizen.