One of the duties of the Ombudsperson is to receive and review complaints on violation of human rights and freedoms.

The Ombudsperson reviews complaints from individuals, regardless of nationality, age, sex, political affiliation or religious beliefs, residing permanently, are staying or had stayed temporarily in the country, whose rights and freedoms were allegedly infringed by the Republic of Moldova. The Ombudsperson does not replace, in terms of his powers, the public authorities, law enforcement bodies and courts and reviews applications on the decisions, acts or omissions of public authorities, organizations and enterprises, regardless of the ownership and legal form of organization, of non-profit organizations and persons in positions of accountability at all levels who, in the opinion of the petitioner, had violated his/her rights and freedoms.

To notify the Ombudsperson a person must meet several requirements: the application shall be filed before the expiry of one year from the day of the alleged violation of the petitioner’s rights or freedoms or the day when he/she learned of the alleged infringement; the application shall contain the name, surname and address of the petitioner, a brief description of the circumstances of the case, the name of the authority or the person in positions of accountability as a result of the acts and/or omissions that violated the rights and freedoms, if this person is known; if the facts alleged in the application were subject of review by other authorities, the application shall contain the copies of the responses from those authorities.

As prescribed by Law No 52, the Ombudsperson cannot receive an application for review if: it is under court proceeding for substantive review, except for complaints regarding the acts and/or omissions by the judge; falls within the jurisdiction of other authorities (initiation of criminal prosecution, explanation of court judgement); refers to an adjudicated case, for which a sentence or a substantive judgment was issued; contains slanders and insults, discrediting state authorities in general, local authorities, associations of people and their representatives, inciting hate motivated by ethnicity, race, religion and other actions that are punishable by law.

Thus, the Law No 52 of 3 April 2014 on the Ombudsperson limited the possibilities of intervening at the request of petitioners and reduced the number of complaints registered with the Ombudsperson's Office.

During 1 January - 31 December 2015, the Ombudsperson's Office received 943 complaints. The Chisinau Central Office received 855 complaints and the Ombusdperson’s representative offices from Cahul - 40, Comrat - 31 and Varnita - 17 complaints, respectively.

                         Complaints registered with the Ombudsperson's Office               

The submitted statistical data were collected in the electronic file that was developed in 1998. That is why, some classifications by the allegedly violated right do not meet the current needs of the institution, therefore they will be changed when an efficient electronic system of complaints recording is developed.

Thus, most of the 943 complaints filed during 2015 referred to an alleged violation of the right of free access to justice, the number of complaints being relatively constant, varying insignificantly from one year to another.

For example:

-        139 complaints (53.7%) referred to the violation of the adversarial principle;

-        43 complaints (16.6%) - alleged delay in the examination of cases by courts;

-        42 complaints (16.2%) - non-enforcement of court judgments;

-        35 complaints (13.5%) invoke disagreement with the sentence /judgment pronounced by the court.

Of the 195 complaints filed on security and personal dignity issues, the most commonly reported are the poor conditions of detention in prisons (161 cases).  Ill-treatment was invoked in 12 complaints and the violation of human dignity was invoked in 11 complaints. Other 11 petitions presented various issues on the procedure of apprehension or arrest.

The social discontent of groups with a high risk of vulnerability refers to failure to ensure the right to social assistance and protection, this category of complaints ranking constantly the third. Of the 91 complaints lodged on this topic, in 37 cases the petitioners argued that they had not been provided the appropriate social benefits, 24 petitioners argued that their right to a decent life was not respected, and 30 cases challenged the calculation of benefits. Most of the issues addressed in this respect could be solved by revising public policies in the social field.  However, the Ombudsperson intervenes if there are errors in determining the social benefits and in the cases where alternatives can be found. 

Classification of Complaints by the Allegedly Violated Right which                                                                     Table 1

Note: the rubric “Other” includes the complaints that cannot be placed in the automated complaints recording system of the Ombudsperson's Office, such as consumers rights, request of legal advice, interpretation of regulatory acts.

Of the total number of persons who had contacted the Ombudsperson's Office during the year, 371 persons (39.34%) were detainees, 75 persons (7.95%) - employed persons, 87 people (9.23%) - pensioners, 30 persons (3.18%) - unemployed, 46 persons (4.88%) have disabilities, 9 persons (0.95%) - unemployed (people officially registered with the employment agency), 3 persons (0.32%) - students and other less numerous categories.  These data are represented as percentage in Diagram 2.

Distribution of Complaints Received in 2015 by Persons who Contacted the Ombudsperson's Office

 The complaints examination aims at identifying the allegedly violated right, verifying the duly justified reasons of the complaint in relation to the  national and international legislative and regulatory framework, examining the possibility of the Ombudsperson’s involvement and identifying the institution responsible for the settlement of the case, if the complaint is outside his mandate.

According to Article 21 of Law No 52 on the Ombudsperson of 3 April 2014, after the receipt of the complaint the Ombudsperson have the right: to accept the complaint for review; to return the complaint without review, explaining to the petitioner the procedure that he/she is entitled to use in order to defend his/her rights and freedoms; to refer the complaint for review to the competent bodies in accordance with the legislation on the right to file a petition.

Of the 943 registered complaints, 316 (33.5%.) were accepted for review by performing the procedural actions according to Article 25 of Law No 52.  During the review the following actions were taken: requested the involvement of institutions and persons in positions of accountability; requested the necessary information, documents and materials; carried out monitoring visits; submitted proposals to amend the law, etc.

Classification of Complaints by the Issued Decisions

Note:  The diagram presents the information on the prevention of torture and child protection because, according to Article 29 (1) of Law No 52, the annual report must contain a chapter on the situation of the rights and freedoms of the child and a chapter on torture prevention.

About 186 complaints (19.7%) were submitted to the competent authorities for review in accordance with the legislation on the right to file a petition.

Other 441 complaints (46.7%) were rejected under Articles 18, 19, 20 of Law No 52, the petitioners were informed about the procedures that they are entitled to use in order to defend their rights and freedoms.

In 39 cases, the Ombudsperson acted at its own initiative under Article 22 of Law No 52.

While reviewing the accepted complaints, the Ombudsperson is empowered to undertake certain procedural actions and submit recommendations on measures aimed at immediate restoration of the petitioners’ rights. Thus, 155 response acts were developed in 2015 as follows: 

  Table 2                                                                                                           

According to Article 24 of Law No 52, in cases of violations of the petitioner’s rights and freedoms, the Ombudsperson shall submit to the authority or the person in position of accountability, whose decisions, acts or omissions, in his/her opinion, violates the human rights and freedoms, a notice including recommendations on measures to be taken for the immediate restoration of the petitioner’s rights. As part of torture prevention efforts, the Ombudsperson submits to the authority or the person in position of accountability the recommendations on how to improve the behavior toward inmates, improve the conditions of detention and prevent torture. 

The authority or the person in position of accountability who received the notification must review it within 30 days and report in writing to the Ombudsperson about the measures taken to remedy the situation.

If the Ombudsperson does not agree with the measures taken, he/she is entitled to approach a hierarchically higher body to take the necessary measures in order to enforce the recommendations contained in its opinion and/or to inform the public.  The superior body is obliged to inform about the measures taken within 45 days. During 2015 the Ombudsperson did not used the right to address to the hierarchically higher authority, given that the authorities concerned followed the recommendations.

62 notifications with recommendations were prepared and sent to the central and local public authorities, as follows:

Number of notifications distributed by the institutions concerned                 

 Table 4

 Of the total number of notifications with recommendations, 18 were submitted to the Ministry of Labour, Social Protection and Family and its subordinated institutions. The following issues were addressed: access for people with disabilities to public social protection authorities, the right to a decent living, non-restriction of people’s right to information, protection of people with disabilities, observance of the right to private property, ensuring conditions in the educational institutions, reinstatement of minor children’s rights, the right to social protection of mothers and children, and taking measures against domestic violence.                                             

The Ministry of Justice and its subordinated bodies were recommended to improve the conditions of detention and ensure minimum standards of detention.

The opinions sent to the Ministry of Health covered the following topics: the child's right to a healthy environment and healthy nutrition in educational institutions, access to quality healthcare services, compliance with the patient's right to be informed, provision of rehabilitation assistance, etc.

In most of the cases the relevant institutions took into account the Ombudsperson’s recommendations and took the necessary measures within the limits of the allocated financial resources, or ensured that they would make efforts to implement the recommendations.

 According to Article 25 (b) of Law No 52, after reviewing the notification, the Ombudsperson has the right to request the initiation of disciplinary or criminal proceeding against the person in position of accountability, who committed violations that reflected on the human rights and freedoms. During the reporting year, the Ombudsperson notified 4 times the appropriate bodies, seeking to initiate criminal or disciplinary investigations against officials who committed violations that reflected on human rights:

• · General Prosecutor’s Office and district Prosecutor’s Offices - 3 requests (2 - to initiate criminal proceedings and 1 - to initiate disciplinary proceedings);
• · Ministry of Health - one request to initiate disciplinary proceedings.

Of the 2 requests submitted to the Prosecutor’s Office to initiate criminal proceeding, one was acted upon and a criminal proceeding was initiated. In the other case an Ordinance to Terminate the Criminal Prosecution was issued.

Both requests sent to the Ministry of Health and the General Prosecutor’s Office to initiate disciplinary proceedings were not implemented.

According to Article 25 (d) of Law No 52, the Ombudsperson has the right to notify persons in positions of accountability of all levels on cases of negligence, breaches of work ethics, delays and bureaucracy. With reference to this provision, 11 notifications were submitted in 2015 to:

• · Ministry of Labour, Social Protection and Family - 1
• · Ministry of Education - 4
• · Ministry of Health - 1
• · Centre for State Information Resources “Registru” SOE - 1
• · Local Public Authorities - 2
• · Ministry of Internal Affairs - 2

By these notifications the Ombudsperson warned the authorities concerned on their acts/omissions regarding the victimisation of minor children; ensuring the right of children to grow up in an environment that is favorable for a harmonious physical and mental development; ensuring the right to social assistance and protection, including orphans; ensuring the right to education; ensuring the right to home inviolability; the right to work and labor protection; the right to free movement.

The Ombudsperson also found serious violations of the human rights as a result of the negligence and irresponsibility shown by persons in positions of accountability. Children, people with disabilities and elderly are the most frequently affected in such situations. In its response to the 4 notifications of the Ombudsperson, the Ministry of Education informed the Ombudsperson that his recommendations were taken into account and that they were applied in the educational practice.

The Ministry of Labour, Social Protection and Family was notified about the violation of the constitutional right to work and labor protection and the State Labour Inspectorate inactions.  The Centre for State Information Resources “Registru” SOE was notified about the violation of the right to free movement by deprivation of the right of issuance of ID without residence registration (residence visa). The Ministry of Internal Affairs was notified about the violation of the right to physical integrity and victimisation of minor children. Public authorities listed above complied to the notifications and took response actions.

According to Article 19 (5) of Law No 52, the Ombudsperson reviews also verbal complaints, received during the hearings held not less than once a month. Although the new law does not provide for the conduct of audiences by the employees of the Ombudsperson's Office, in 2015 the citizens have been heard on a daily basis at the Ombudsperson's Office from Chisinau municipality and Cahul, Comrat and Varnita representative offices.

In this context, it should be mentioned that the Ombudsperson's Office committed to change the procedure for public hearings, in order not to substitute the activity of licensed lawyers, by providing legal advice. Persons who will address the Ombudsperson's Office will be helped to file an application to the Ombudsman, if the issue falls within its jurisdiction. In other cases, visitors will be redirected to the competent authorities in order to solve their problem.

During the year, the Ombudsperson's Office officials heard 2659 persons. 1102 persons (41.5%) contacted the Central Office of Chisinau, claiming that their constitutional rights and freedoms were violated. 962 persons (36%) contacted the Representative Office of Comrat, 449 persons (17%) - the Representative Office of Cahul and 146 persons  (5.5%) - the Representative Office of Varnita.