Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were no reports that the government or its agents committed arbitrary or unlawful killings. The Prosecutor General’s Office is responsible for investigating all killings involving security forces. Both the Ministry of Internal Affairs and the Ministry of Defense have internal audit sections responsible for investigating misconduct and ensuring the professional integrity of its personnel. There is no specialized body specifically tasked with reviewing deaths at the hands of police or security forces to determine if they were justified.
In separatist-controlled Transnistria, there was at least one report of a politically motivated killing. On June 10, a 43-year-old businessman, Vadim Ceban, was found dead near his home in Tiraspol, reportedly beaten to death with a shovel. Ceban had openly criticized Transnistrian “authorities” and Russian officials on social media and was one of several local businessmen trying to fight oligarch Viktor Gushan and his Sheriff Corporation’s monopoly over the region’s economy. Ceban posted an image on a popular Transnistrian Facebook group saying, “Sheriff Repent!!!” one week before his death. No suspects have been identified in Ceban’s killing. Civil society activists condemned Ceban’s killing as politically motivated.
There were no reports of disappearances by or on behalf of government authorities.
In Transnistria abductions by “security forces” became more common throughout the year. Between October 6 and 8, there were reports of at least four abductions of Moldovan citizens from their homes in the Security Zone, including two Moldovan government employees, by Transnistrian “state security.” After initially refusing to acknowledge or comment on the incident, separatist “authorities” acknowledged the “arrest” of the two Moldovan government employees and released them on October 8. The others remained in separatist custody (see section 1.d.).
There were also reports throughout the year of the disappearances of ordinary Moldovan citizens and Transnistria residents in the Transnistrian region. On August 31, Moldovan citizen Constantin Mamontov disappeared while passing through Transnistria on his way from Ukraine to government-controlled territory in Moldova. After Moldovan government authorities requested information from separatist “authorities” on Mamontov’s whereabouts on September 4, the “authorities” finally confirmed Mamontov’s detention on September 10. The human rights nongovernmental organization (NGO) Promo-LEX reported on September 13 that Mamontov managed to escape from the region after 13 days of illegal detention and having his whereabouts kept secret by separatist “authorities.” Promo-LEX asserted that Mamontov’s disappearance suggested retaliation by members of Transnistria’s “law enforcement” for their comrade, Andrei Samonii, a former Transnistrian militia member, who was arrested by Moldovan government authorities and sentenced to 15 years in prison for kidnapping, illegally detaining, and torturing Constantin Mamontov and his spouse on charges of stealing in 2015.
After defecting from the Transnistrian “army” and fleeing to government-controlled territory in 2015, Alexandru Rjavitin disappeared while visiting family in Transnistria in December 2019. Rjavitin reappeared in the Transnistrian “army” in January but reportedly escaped in June and was presumed to have returned to government-controlled territory.
While the law prohibits such practices, the antitorture prosecution office reported allegations of torture and cruel, inhuman, and degrading treatment, mainly in detention facilities. Reports included cases of mistreatment in pretrial detention centers in police stations, particularly in regional police inspectorates. Impunity persisted and the number of prosecutions for torture initiated was far below the number of complaints filed.
The Office of the Prosecutor General’s antitorture division reported a decrease in mistreatment and torture cases during the year. During the first six months of the year, prosecutors received 262 allegations of mistreatment and torture, which included 241 cases of mistreatment, eight torture cases, and nine cases of law enforcement using threats or intimidation, including the actual or threatened use of violence, to coerce a suspect or witness to make a statement. In comparison authorities reported 456 allegations of mistreatment and torture during the first six months of 2019.
In September the Council of Europe’s Committee for the Prevention of Torture (CPT) released a report detailing the findings from its January-February visit to the country. The report noted that the persistence of a prison subculture that fostered interprisoner violence and a climate of fear and intimidation, reliance on informal prisoner leaders to keep control over the inmate population, and a general lack of trust in the staff’s ability to guarantee prisoner safety remained serious concerns. The CPT reported several allegations of physical mistreatment (punches and kicks) by prison officers at Penitentiary No. 13 in Chisinau, the excessive use of force by staff when dealing with agitated inmates at the penitentiaries in Chisinau (No. 13), Cahul (No. 5), and Taraclia (No. 1) and excessively tight handcuffing at the Chisinau and Taraclia prisons.
In September a man was reportedly beaten in custody at the Cimislia Police Inspectorate’s Temporary Detention Isolator by one of the facility’s officers. The Moldovan Institute for Human Rights (IDOM) noted that during an audit of the facility, its monitor encountered a shirtless man in custody with bruises and injuries covering his face, arms, and torso. The man claimed that during questioning after his initial arrest, he was punched in the face by one of the facility’s officers and subjected to further physical abuse throughout his detention. The IDOM monitor conducting the audit reported seeing a laceration on the bridge of the man’s nose. The case was reported to the Anti-Torture Prosecutor’s Office, which was investigating at year’s end.
As of October, two criminal cases continued from the 2017 death of Andrei Braguta. Thirteen police officers are accused of inhuman treatment and torture against Braguta, and two doctors from Penitentiary No. 16, where Braguta died, are accused of workplace negligence. Braguta died in a pretrial detention facility in Chisinau in 2017 after being severely beaten by fellow inmates and being subjected to inhuman and degrading treatment by prison authorities. In an August press conference, Braguta’s parents expressed concern regarding the impunity of the 13 police officers and two doctors involved in the case. According to them, 100 out of 140 court hearings have either been postponed or canceled since 2017. This claim was independently verified by Promo-Lex.
In Transnistria there were reports of allegations of torture and cruel, inhuman, and degrading treatment in detention facilities, including denial of medical assistance and prolonged solitary confinement. There was no known mechanism to investigate alleged acts of torture by Transnistrian “security forces.” Promo-LEX noted that “authorities” perpetrated most inhuman and degrading treatment in the Transnistrian region in order to obtain self-incriminating confessions. Transnistrian “law enforcement” bodies did not publicly report any investigations or prosecutions for torture or inhuman treatment by Transnistrian “security forces” during the year.
In January the European Court of Human Rights (ECHR) ruled in the case, Cazac and Surchician vs. Republic of Moldova and the Russian Federation, holding the Russian Federation responsible for violating articles of the European Convention on Human Rights that prohibit torture and provide the right to liberty and security, the right to a fair trial; the right to respect for private and family life, and the right to an effective remedy. The case stemmed from the 2010 detention of Ilie Cazac by Transnistrian “law enforcement authorities,” who subsequently tried, convicted, and sentenced Cazac to 14 years in prison for “high treason.” During his time in pretrial detention and in prison after conviction, the ECHR found that Cazac was subjected to inhuman and degrading treatment. Cazac reported being threatened with beating and infection with HIV. He also reported being: drugged; denied food, water, sleep, and the use of a toilet for extended periods; exposed to cellmates with active tuberculosis; and placed in a constant state of psychological stress and intimidation. Cazac was “pardoned” by Transnistrian “authorities” and released in 2011. The ECHR ordered the Russian Federation to pay Cazac and Surchician a total of 42,000 euros ($50,000) for nonpecuniary damages and 4,000 euros ($4,800) for costs and expenses.
The Transnistria-based human rights NGO MediaCenter reported continuing violations of detainees’ rights in Transnistrian prisons, pretrial detention centers, and centers for persons with special needs. Serghey Mantaluta, sentenced in 2018 to 10 years in prison on charges of smuggling and insulting an “official,” was denied medical assistance after a bone fracture and kept in solitary confinement without access to a toilet. Children at the Hlinaia residential center for orphans with special needs were reportedly subjected to cruel and inhuman treatment, including beating, dunking in washbasins, and other forms of corporal punishment.
Defense attorney Veaceslav Turcan alleged that his client, Ghenadyi Kuzmiciov, formerly Transnistria’s “minister of internal affairs,” suffered from inhuman detention conditions throughout the year. Kuzmiciov was abducted from government-controlled territory in 2017 and transported to Transnistria, where in 2019 he was sentenced to 13 years in prison on charges of smuggling and illegal possession of firearms. Turcan stated that Kuzmiciov has been in solitary confinement and denied access to visitors, mail, and other outside communications since 2017.
Despite reconstruction work and minor improvements at several detention facilities, conditions in most prisons and detention centers remained harsh, owing to poor sanitation, lack of privacy, insufficient or no access to outdoor exercise, and a lack of facilities for persons with disabilities. During the year additional restrictions and lockdowns were put in place in the prisons for an extended period due to the COVID-19 pandemic.
Physical Conditions: Prisons and detention centers were overcrowded. In a September report following its visit to the country in January-February, the CPT noted the existence of large-capacity dormitories, low staffing levels in prisons, and insufficient health-care personnel.
Health care was inadequate at most penitentiaries and worsened during the COVID-19 pandemic because of a lack of protective equipment. While government regulations require authorities to separate individuals suspected of suffering from tuberculosis from other detainees, authorities reportedly colocated individuals with various diseases with persons with an unconfirmed diagnosis of tuberculosis, potentially exposing them to the disease. Most penitentiaries lacked appropriate facilities for persons with disabilities, which led to inhuman and degrading treatment. There were 36 deaths in penitentiary facilities registered as of October, including five pretrial detainees. The National Penitentiary Administration reported heart disease and cancer as main causes of death among prison inmates. According to Promo-LEX, the deficient administration of health services in penitentiaries led to a low quality of medical services provided to prison inmates, which in many cases led to death. Independent monitors noted the existence of two parallel healthcare systems in the country: the public healthcare system and the unaccredited healthcare system in penitentiaries, as well as a lack of coordination between the two.
As of August 25, National Penitentiary Administration officials confirmed 30 cases of COVID-19 among inmates and 68 cases among prison staff since the start of the pandemic. Inmates diagnosed with COVID-19 were generally transferred to the prison medical facility at Penitentiary No. 16 in Pruncul for treatment.
Temporary detention facilities, located mostly in the basements of police stations, generally lacked natural light, adequate ventilation, and sewage systems. Human rights NGOs also noted facility staff did not feed pretrial detainees on the days of their court hearings–which in some cases meant they received no food for a day. In most cases detainees did not have access to potable water on the days of their court hearings.
In February the government applied a six-month moratorium on a compensatory mechanism enacted in January 2019 that allowed detainees to request a reduction of their sentences for poor detention conditions. According to a 2019 National Penitentiary Administration report, over 90 percent of detainees filed requests based on the compensatory mechanism. Courts examined 1,800 requests, reduced sentences by a total of 436,000 days, and released 128 persons from prison. Observers and legal NGOs noted that wealthy and politically connected individuals benefited from this mechanism more often than ordinary prisoners. In December 2019 former prime minister Vlad Filat was released from Penitentiary No. 13 in Chisinau after serving approximately three-and-a-half years of a nine-year sentence after the Chisinau District Court ruled that he had been held in “inhuman and degrading conditions.”
As in previous years, conditions at Penitentiary No.13 in Chisinau were reported the worst in the country. Detainees held there complained of detention in basement cells that did not meet national or international standards. Allegations of inhuman treatment persisted. In multiple cases the ECHR found that detention conditions in Penitentiary No. 13 were contrary to the European Convention on Human Rights. Cells were overcrowded (up to 16 inmates housed in an area measuring 258 square feet), unhygienic, and lacked ventilation, natural light, or permanent access to water for personal hygiene.
In separatist-controlled Transnistria, mistreatment of detainees remained a major problem. The Transnistrian “ombudsman” received 53 complaints from individuals detained in Transnistrian prisons. The Transnistrian “ombudsman” noted a slight decrease of complaints from detainees during the year. The “ombudsman” received four complaints about medical care in the prison system, which the “ombudsman” considered unfounded. According to Promo-LEX reports, detention conditions in Transnistria did not improve during the year, despite a 2019 report from the Transnistrian “ombudsman” indicating that detention conditions had improved. Transnistrian “authorities” continued to deny access for independent evaluation of detention center conditions.
Administration: Internal investigation procedures in the penitentiary system remained weak, and detainees had restricted access to complaint mechanisms. While detainees generally had the right to submit complaints to judicial authorities, they reported censorship and retaliatory punishment by prison personnel or other inmates before or after filing complaints. Prison administrations restricted the inmates’ access to visitors during the COVID-19 pandemic, and most court hearings of pretrial detainees were held online.
The CPT noted a chronic shortage of custodial staff in prisons, which led to a reliance on informal prisoner leaders to keep control over the inmate population, often through violence.
According to the Transnistrian “ombudsman,” there are 1,824 individuals serving prison terms in Transnistrian “department of corrections” institutions as of January 1.
Independent Monitoring: The government permitted some independent monitoring of prison conditions by local and international human rights observers, including the CPT. Prison officials generally allowed observers to interview inmates in private. Prison administrations applied COVID-19 related restrictions on monitoring visits since the start of the pandemic.
Human rights NGOs from both Transnistria and government-controlled areas of the country reported being denied access to Transnistrian prisons by separatist “authorities.” The Organization for Security and Cooperation in Europe (OSCE) was granted extremely limited access to individual prisoners by “authorities” on a case-by-case basis. There were no reports of any independent monitoring of detention facilities in the Transnistrian region. According to the Transnistrian “ombudsman” (an institution which is not independent of the ruling regime), detention conditions slightly improved during 2019. Most pretrial detention cells lacked personal beds for detained individuals and toilet facilities, and was qualified by the Transnistrian “ombudsman” as an “infringement against human dignity.”
Improvements: According to human rights NGOs, the situation in police station detention facilities slightly improved due to renovations. Based on the Ombudsman’s Torture Prevention Division recommendations, some pretrial detention units within police stations ceased operating or underwent repairs in line with minimum detention standards.
The CPT noted improvements of the material conditions at the prisons in Chisinau, Cahul, Taraclia, and several police detention facilities. During the year the National Penitentiary Administration piloted and expanded the use of video conferencing to facilitate inmate participation in court hearings. The country lacks adequate staff for prisoner transport, and increased access to justice via video conferences reduces the physical hardships for inmates to be transferred from prisons to courts, where they must often wait for many hours in difficult conditions.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Nonetheless, selective justice remained an issue and lawyers complained of instances in which their defendants’ rights to a fair trial were denied.
In Transnistria there were frequent reports of arbitrary arrests and detentions. De facto “authorities” reportedly engaged with impunity in arbitrary arrest and detention. In January in the case Cazac and Surchician vs. Republic of Moldovan and the Russian Federation, the ECHR held Russia responsible for violating provisions of the European Convention on Human Rights including the right to liberty and security, the right to a fair trial, and the right to an effective remedy (see section 1.c.).
The law allows judges to issue arrest warrants based on evidence from prosecutors. Authorities must promptly inform detainees of the reasons for their arrest and describe the charges against them. Authorities may detain suspects without charge for 72 hours.
Once charged, a detainee may be released pending trial. The law provides for bail, but authorities generally did not use it due to a lack of practical mechanisms for implementation. In lieu of confinement, the courts may also impose house arrest or travel restrictions. The Superior Council of Magistrates reported that judges rarely applied alternative arrest measures. The law provides safeguards against arbitrary use of pretrial detention and requires noncustodial alternatives wherever possible. Judges disproportionally used noncustodial alternative detention mechanisms in cases with political implications.
Detainees have the right to a defense attorney. The government required the local bar association to provide representation to indigent defendants, but the government frequently delayed reimbursement of legal fees. Indigent defendants often did not have adequate counsel.
According to the CPT report issued in September, despite the law requiring that suspects be granted access to a lawyer from the moment they are detained, some criminal suspects were only granted access to legal counsel after initial questioning by police.
Arbitrary Arrest: Arbitrary pretrial detention continued to be a problem during the year. In April the Legal Resources Center of Moldova (LRCM) submitted a communication to the ECHR on existing protections and authorities’ efforts to prevent unjustified detention based on the Sarban group of cases that consists of 14 ECHR judgments against the country for various violations of the European Convention on Human Rights, most related to pretrial detention. The LRCM concluded that the high rate of remand and weak justification for remand orders remained a problem. Even though the number of pretrial detention orders (1,864) in 2019 was lower than in previous years, judges did not properly examine remand requests. In 2019 the approval rate for remand requests reached an all-time high–93.5 percent–compared with 88.4 percent in 2018. According to the LRCM, alternative preventive measures (such as home detention and release on recognizance) were used only to a limited extent and the high rate of arbitrary remand was also due to insufficient judicial independence and prosecutorial bias by many investigative judges as well as a high caseload, which impeded a thorough examination of case materials.
In its earlier reports, the ombudsman noted judges continued to order pretrial detention for persons with serious illnesses and the National Penitentiary Administration allowed lengthy pretrial detention of persons with worsening health conditions which in some cases led to death. During the year five persons died in pretrial detention.
In separatist-controlled Transnistria, arbitrary arrests were common throughout the year. On August 31, Moldovan citizen Constantin Mamontov was apprehended by separatist “law enforcement” while transiting the territory and detained illegally for 13 days (see section 1.b.). A Transnistrian “court” in Camenca had previously twice denied warrants to arrest Mamontov requested by Transnistrian “authorities” for an alleged 2015 theft, and the local militia arrested Mamontov for the third time on hooliganism charges. Mamontov escaped and swam across the Nistru River to government-controlled territory after being ordered released for a third time by the “court.” Mamontov was previously abducted from government-controlled territory in 2015 and beaten by Transnistrian local militia. Mamontov’s arrest came two weeks after one of his abusers, militia “officer” Andrei Samonii, was convicted in August by a Moldovan court for kidnapping and torture and sentenced to 15 years in prison. Human rights NGO Promo-LEX believed Mamontov’s arbitrary arrest was intended either as revenge for Samonii’s imprisonment or to facilitate a possible prisoner swap for Samonii.
On October 6, Transnistrian “state security” (“MGB”) abducted a Moldovan police officer, Andrei Amarfi, from his home in Camenca district in separatist-controlled territory. On October 7 and 8, three other Moldovan citizens residing in Camenca–Alexandru Puris, Adrian Glijin, and Stanislav Minzarari–were abducted by the “MGB.” Transnistrian “authorities” later announced espionage and high treason charges against all four. Amarfi was the Moldovan police officer sent in 2015 to retrieve Mamontov and his wife from separatists after they were kidnapped and tortured. Puris, an employee of Moldova’s Public Services Agency, processed Andrei Samonii’s application for a Moldovan passport in January and notified Moldovan police of his presence on government-controlled territory, leading to his arrest. Both Amarfi and Puris testified at Samonii’s kidnapping and torture trial. On October 8, following a telephone call between President Dodon and Transnistrian “leader” Krasnoselsky, separatist “authorities” announced that Amarfi and Puris were released from pretrial arrest but were not permitted to leave the region while charges remained pending. Glijin and Minzarari remained in custody as of November. Separatist “authorities” acknowledged that the arrests were related to Samonii’s conviction and imprisonment and have suggested that the “Camenca Four” could be released if Samonii was returned to separatist-controlled territory.
Pretrial Detention: The law permits pretrial detention for up to 30 days, which the courts may extend, upon the request of prosecutors, in 30-day increments for up to 12 months, depending on the severity of the charges. Pretrial detention lasting from several months to one year was common. In line with the ombudsman’s recommendations, the Prosecutor General’s Office decreed on March 19 that, as a COVID-19 preventative measure, pretrial arrests could only be requested in extreme circumstances. As a result the number of pretrial detainees decreased during the state of emergency and the public health state of emergency that followed.
While the law provides for an independent judiciary, government officials’ failure to respect judicial independence remained a problem. The establishment of an electronic case management system increased transparency in the assignment of judges to cases. Nonetheless, selective justice continued to be a problem, and lawyers complained of violations of defendants’ rights to a fair public trial.
In a September report analyzing ECHR judgments against Moldova since the country joined the European Convention of Human Rights in 1997, the LRCM found that the failure to respect the right to a fair trial was the most frequent human rights violation reported to the court (200 out of 616 human rights violations).
Media representatives and NGOs were concerned about limitations on access to data on the national courts’ information portal developed by the Ministry of Justice’s Agency for Court Administration. Civil society and journalists complained that, because there was no search option, they could not find the names of those involved in court cases, nor could they determine who adjudicated or prosecuted a case. The courts restricted public access to the final judgement issued in a high-profile case involving a former intelligence service head on national security grounds.
The constitution provides for the right to a fair and public trial. Although the law presumes the innocence of defendants in criminal cases, judges’ remarks occasionally jeopardized the presumption of innocence.
Defendants have the right to be informed promptly and in detail of the charges against them, and of their right to a fair and public trial without undue delay. Defendants have the right to a lawyer and to attend proceedings, confront witnesses, and present evidence. The law requires the government to provide an attorney to indigent defendants. The practice of appointing temporary defense lawyers without allowing them to prepare adequately was common and undermined the right to legal assistance. Defendants can request postponement of a hearing if attorneys need additional time for preparation. Interpretation is provided upon request and was generally available. Judges can delay hearings if additional time is needed to find interpreters for certain uncommon languages. Defendants may refuse to provide evidence against themselves, unless they plead guilty and the judge reviews and endorses their guilty plea. The law provides a right to appeal convictions to a higher court on matters of fact and law.
Justice NGOs noted that courts repeatedly delayed hearings without justification in high profile cases. In one example, hearings on a criminal appeal by Ilan Shor, the leader of the Shor Party, a member of parliament, and the mayor of Orhei, were delayed throughout the year.
In Transnistria, “authorities” disregarded fair trial procedures and denied defendants a fair trial. Attorneys in Transnistria reported that “authorities” regularly denied accused individuals the right to an attorney of their choosing and that trials were often held in secret without public announcement of charges.
There were reports of numerous alleged politically motivated criminal cases initiated by the former ruling Democratic Party of Moldova. Many of the cases were initiated against political rivals of the former party leader, Vlad Plahotniuc, and some prosecutors reported being pressured to pursue cases selectively of corruption, money laundering, and fraud against certain individuals, while ignoring or dropping charges against others who were tied to Plahotniuc’s network. Many of those involved in these politically motivated cases saw their cases proceed more quickly than others in the justice system. In addition many of those subjected to pretrial detention were held in Penitentiary No. 13 in Chisinau, which was notorious for its poor conditions and violence between inmates. On October 27, the Prosecutor General’s Office announced it had closed 19 out of 38 alleged politically motivated cases. The Prosecutor General’s Office continued to investigate the remaining 19 cases through the year.
In Transnistria there were reports of several political prisoners held during the year, many of whom were held for exercising their freedom of expression or criticizing the de facto authorities. Oleg Horjan, the leader of the Communist Party and formerly the sole opposition member of the “Supreme Soviet” (“parliament”) of Transnistria, continued to serve a four-and-a-half year sentence in Hlinaia Penitentiary on assault charges and for “insulting” de facto authorities. Human rights lawyers and NGOs have called the charges politically motivated. Horjan’s lawyers and family alleged that he was subject to abuse in detention. Transnistrian “authorities” denied the Moldovan ombudsman access to his place of detention. In early August, Horjan went on a hunger strike to protest restrictions by the Hlinaia penitentiary administration, including solitary confinement and denial of visits, mail or other outside communications, and reading materials. He was reportedly hospitalized in the prison infirmary on September 10 after his health had rapidly deteriorated and then moved to the Tiraspol Veteran’s Hospital on September 15 in serious condition. Horjan was returned to prison after ending his hunger strike on September 23.
Tatiana Belova and her spouse, Serghei Mirovici, were arrested in August 2019 for insulting Transnistrian “leader” Vadim Krasnoselsky on social media. Transnistrian “authorities” kept Belova and Mirovici’s arrest, pretrial detention, and trial secret. In March, Belova and Mirovici were sentenced to three years in prison in a closed trial without a defense attorney. On July 14, Belova was released following “an admission of guilt,” request for clemency, and promise to refrain from all political activity. Human rights activists asserted that the actions were coerced. Mirovoci remained imprisoned and was reportedly on a hunger strike as of September 10.
The law allows citizens to seek damages in civil courts for human rights violations. Under the constitution, the government is liable when authorities violate a person’s rights by administrative means, fail to reply in a timely manner to an application for relief, or commit misconduct during a prosecution. Judgments awarded in such cases were often small and not enforced. Once all domestic avenues for legal remedy are exhausted, individuals may appeal cases involving the government’s alleged violation of rights provided under the European Convention on Human Rights to the ECHR. Citizens who have exhausted all available domestic remedies may also submit a written communication to the UN Human Rights Committee. As of July there were 1,096 applications filing complaints against the state pending before the ECHR.
While the government declared a zero-tolerance policy toward torture, alleged victims of torture frequently lacked access to effective civil judicial remedies, especially in cases involving mistreatment in penal institutions.
A mediation law establishes an alternative mechanism for voluntarily resolving civil and criminal cases and sets forth rules for professional mediators. Under the law, a nine-member mediation council selected by the Minister of Justice coordinates the mediators’ activity.
The country has endorsed the Terezin Declaration and the Guidelines and Best Practices. Although the law provides for restitution of private property confiscated during the “totalitarian regimes which controlled Moldovan territory between 1917 and 1992 and for citizens who were subject to reprisals based on political, national, religious, or social grounds,” it does not apply to communal or religious property confiscated from minority groups. The law specifically refers to private property restoration for victims of the Soviet regime. The government has enacted no laws concerning restitution of communal property nor made progress on resolution of Holocaust-era claims, including for foreign citizens.
A 2010 report published by the United States Commission for the Preservation of America’s Heritage Abroad catalogued 100 Jewish communal properties in Moldova, including cemeteries, monuments, houses, hospitals, colleges, and other buildings, most of which are not owned or controlled by the country’s Jewish community. While a few properties, such as the Hay Synagogue in Chisinau and the Cahul Synagogue in Cahul, have been returned to the Jewish community by the state, in most cases Jewish organizations have had to purchase or lease communal and religious properties from the government in order to regain possession. Purchased properties include the Wooden (or Lemnaria) Synagogue and the Rabbi Tsirelson Synagogue and Yeshiva, both in Chisinau.
The Moldovan Orthodox Church (MOC), subordinate to the Russian Orthodox Church, and the Bessarabian Orthodox Church (BOC), under the Romanian Orthodox Church, were engaged in litigation over control of approximately 718 churches, monasteries, and monuments designated by the government as national heritage assets, most of which are controlled by the MOC under a 2007 agreement between the church and the government. The BOC also sued the government to annul the 2007 agreement.
The Roman Catholic Diocese of Chisinau has submitted a case to the ECHR seeking restitution for a Catholic school property seized by Soviet authorities which is now part of the Moldovan Presidency Building complex. The Catholic Diocese of Chisinau and the government agreed to seek an amicable settlement to the ECHR case but have not reached an agreement on the transfer of an alternative state-owned property to the diocese as restitution.
The country’s Lutheran community has repeatedly petitioned the government for compensatory state-owned land as restitution for the former site of Saint Nicholas Lutheran Church in central Chisinau. The church was seized by Soviet authorities in 1944 and demolished in 1962. The Presidency Building now occupies the former site of the church.
For more information regarding Holocaust-era property restitution and related issues, please see that Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020 at https://www.state.gov/reports/just-act-report-to-congress.
The constitution prohibits arbitrary interference with privacy, family, home or correspondence unless necessary to ensure state security, economic welfare or public order, or to prevent crimes. Government agents often failed to respect these prohibitions. Wiretap and surveillance practices continued during the year, although reportedly with fewer cases of politically motivated surveillance operations than during the Democratic Party of Moldova-led government.
Reports of illegal wiretaps of the telephones of political leaders; surveillance; threats against family members; and intimidation against regional representatives of ruling and opposition parties continued during the year and intensified closer to the November 1 presidential elections. In September 2019 the interim prosecutor general announced the initiation of criminal cases against four Interior Ministry employees, three prosecutors, and four judges by the Anticorruption Prosecutor’s Office for wiretapping of politicians, civil society activists, and journalists between 2017 and 2019. The investigations continued as of year’s end. In July a group of five persons who were under surveillance in 2019, including two civil society leaders, a member of an opposition political party, and two journalists, sent a complaint to the ECHR alleging illegal wiretapping and surveillance by authorities in 2019. Opposition parties reported the unsanctioned use of personal data of citizens abroad during the preliminary registration of voters for the November 1 presidential elections.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law defines domestic violence as a criminal offense, provides for the punishment of perpetrators, defines mechanisms for obtaining restraining orders against abusive individuals, and extends protection to unmarried individuals and children of unmarried individuals. The law covers five forms of domestic violence–physical, psychological, sexual, economic, and spiritual. The maximum punishment for family violence offenses is 15 years’ imprisonment. The law also criminalizes rape, including spousal rape, or forcible sexual assault and establishes penalties for violations ranging from three years to life in prison. It requires, however, that the victim prove they were subjected to violence. Domestic violence resulting in “nonsignificant bodily harm” falls under the Contraventions Code, rather than the Criminal Code, and may be punished by a fine or community service.
The law provides for cooperation between government and civil society organizations, establishes victim protection as a human rights principle, and allows third parties to file complaints on behalf of victims. The international NGO La Strada operated a hotline to report domestic violence, offered victims psychological and legal aid, and provided victims options for follow-up assistance. The Women’s Law Center also offered legal, psychological, and social support to domestic violence victims. During the year 10 centers providing assistance to domestic violence victims were operational in the country. An additional two centers provided counselling and resocialization services to family aggressors.
In July parliament adopted legislation to improve reporting in domestic violence cases, streamline the victims’ referral system and the use of restriction orders, improve access to state-guaranteed legal assistance for domestic and sexual violence victims, and expand the use of electronic monitoring devices in domestic violence cases. Rape remained a problem, and there were no specific governmental rape prevention activities.
In its concluding observations on its sixth periodic report on the country in March, the Committee on the Elimination of Discrimination against Women noted concerns about the high prevalence of gender-based violence against women, including domestic violence and economic and psychosocial violence, and underreporting of gender-based violence against women, in particular domestic violence, due to fear of stigmatization and revictimization. The committee also noted limited financial compensation in gender-based violence cases, a lack of shelters and victims’ support services, including psychosocial counselling, legal assistance, and rehabilitation programs, particularly in rural areas and Transnistria.
Police reported a similar number of domestic violence criminal cases during the year with 1,409 cases registered in the first nine months, including 10 domestic violence cases that resulted in death. The General Police Inspectorate issued 3,205 restraining orders. From January to September, the courts issued 534 protection orders.
Police protection of victims and proper execution of protective orders improved slightly; the law requires that authorities issue protective orders within 24 hours. This provision was often not implemented, however, particularly for protection order requests filed on Fridays and examined by the courts the next Monday. A law adopted during the year authorizes the Ministry of Justice to expand the use of electronic devices for monitoring accused aggressors in domestic violence cases.
Police and human rights NGOs reported an increase in domestic violence complaints during the COVID-19 state of emergency and the subsequent state of public health emergency. From January through April, the General Police Inspectorate reported a 24 percent increase in the number of complaints of domestic violence received, and the Women’s Law Center reported that the number of calls to their domestic violence hotline doubled during the state of emergency. NGOs attributed the increase to domestic violence victims staying in isolation with their abusers for lengthy periods of time without the ability to seek assistance. From March 17 to May 31, the NGO La Strada’s Women and Girls’ Trust Line received 390 calls, including 247 complaints of domestic violence. During the state of emergency (March 17-May 15), shelters for domestic violence victims did not accept new applicants to reduce the risk of COVID-19 infections. Authorities did not take steps to provide placement for survivors. While police and courts established protection measures for victims of violence, in most cases a lack of coordination between members of local multidisciplinary teams (which are meant to bring together law enforcement, health professionals, social workers, spiritual leaders, and local public officials to assist victims) left victims without the resources and protections the courts intended to provide for them.
According to La Strada, the subject of sexual violence remained sensitive for the country. Societal attitudes affected the behavior and the reticence of sexual violence victims to report incidents. Sexual abusers frequently used information technologies to threaten, frighten, humiliate, or cause the victim not to report abuses to law enforcement agencies. Specialists responsible for intervening in sexual violence cases were affected by prejudice and stereotypes and sometimes contributed to the victimization of or discrimination against victims of sexual crimes. Media outlets sometimes reinforced stereotypes and contributed to social stigma in their reporting on cases of sexual violence.
In Transnistria domestic violence without “substantial bodily harm” (such as broken bones or a concussion) remains an administrative, rather than criminal, offense only punishable by a fine.
Sexual Harassment: Sexual harassment remained a problem. The law provides criminal penalties for sexual harassment ranging from a fine to a maximum of three years’ imprisonment. The law prohibits sexual advances that affect a person’s dignity or create an unpleasant, hostile, degrading, or humiliating environment in a workplace or educational institution. There are no criminal penalties or civil remedies for sexual harassment in employment. According to NGOs, law enforcement agencies steadily improved their handling of sexual harassment cases, addressing harassment of students by university professors and several instances of workplace harassment. Civil society groups, however, criticized the judicial system for displaying inadequate concern for the safety of victims and for not holding perpetrators accountable for their behavior.
According to an informative note on a January bill published by the Ministry of Health, Labor, and Social Protection calling for the review of national legislation on sexual harassment, one in five women in the country experience sexual harassment in the workplace. Similarly, a 2018 Partnership for Development Center survey concluded that one in five women reported being sexually harassed by a teacher. Societal attitudes and lack of interest from law enforcement discouraged victims from reporting instances of sexual harassment.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have the information and means to do so, free from discrimination, coercion, and violence. By law minors under the age of 16 must have permission from a parent or legal guardian to obtain reproductive health services; a medical provider may waive this requirement if the minor’s life or health are in danger.
The state provides contraception free of charge to citizens through primary care providers. Although minors have access to contraception without parental consent through a network of Youth-Friendly Health Centers, many are reluctant to request contraception from family doctors due to social stigma.
Victims of sexual violence have access to sexual and reproductive health services on the same basis as other citizens.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Women and men enjoy the same legal status in family, labor, property, nationality, inheritance law, and in the judicial system. The law requires equal pay for equal work, which authorities generally respected. The law requires that women fill a minimum of 40 percent of decision-making positions in government and political offices; prohibits sexist and discriminatory language and images in the media and advertising; and spells out employers’ responsibilities in ensuring that workplaces are free of discrimination and sexual harassment. The law also establishes a minimum quota of 40 percent female representation on the electoral lists of political parties and sanctions for noncompliance. During the February 2019 parliamentary elections, 41.8 percent of candidates were women on the political parties’ electoral lists and over 25 percent of members of parliament were women. During the November presidential elections, only one woman ran for office. While launching his electoral campaign for the second round, incumbent president Igor Dodon made gender-based discriminatory statements against his political opponent in the runoff, Action and Solidarity Party leader Maia Sandu.
According to a report issued in February by the Union for HIV Prevention and Harm Reduction and Promo-LEX, female drug users, sex workers, and inmates were the most vulnerable to multiple risks, such as HIV or AIDS, human trafficking, harassment, and violence due to discrimination, criminalization, stigmatization, and exclusion from society. Despite such vulnerabilities authorities did not protect basic rights to health care and justice for women in these categories.
Discrimination with respect to employment, pay, and access to pension benefits persisted in the country (see section 7.d.).
Birth Registration: Persons may acquire citizenship through birth to a citizen parent, birth in the country to stateless persons, birth to parents who cannot transmit their citizenship to the child, or through adoption by citizen parents. Registration of birth is free of charge for all citizens. The lack of registration certificates for a number of children, especially in rural areas and in Romani families, remained a problem.
Education: Primary education was free and compulsory until the ninth grade. Education of Romani children remained a problem; only half of Romani children attended school and one in five attended preschool. According to Romani representatives, absenteeism and school dropout rates in Romani communities stemmed from poverty and fear of discrimination.
All schools, kindergartens, and other educational institutions closed and were replaced with online schooling during the COVID-19 state of emergency that began on March 17. While some schools had the necessary resources and human capacity to hold classes online, most educational institutions, particularly in rural areas, failed to provide proper education through the end of the academic year. At the start of the new academic year on September 1, there were 11 schools out of 1,252 that remained closed due to COVID-19 cases among teachers and students. An additional eight schools closed after the school year started. By September 14, there were over 200 COVID-19 cases in schools in Chisinau; 1,325 students and 57 teaching and technical staff from 21 educational institutions were quarantined and there were 35 active cases in kindergartens.
Child Abuse: Although the law prohibits child neglect and specific forms of abuse, such as forced begging, child abuse remained a problem. The Ministry of Health, Labor, and Social Protection has noted that social norms created a permissive environment for violence against children at home and at school.
The Ministry of Education, Culture, and Research reported 4,738 cases of violence against children in the first half of the 2019-20 academic year. Some 2,171 children reported physical violence and 1,316 children reported neglect, while there were 40 cases of labor exploitation and 17 of sexual abuse. Local public authorities failed to monitor all cases of abuse against children, claiming a lack of experts. The ombudsman for children’s rights stated that most child neglect cases were due to alcohol abuse in the family.
An April study by the Ministry of Education, Culture, and Research and the National Center for the Prevention of Child Abuse noted that children were exposed to more risks during the COVID-19 pandemic due to increased psychosocial stress, a sense of fear and panic generated by the pandemic, the suspension of school activity, infection with coronavirus or quarantine, access to and improper use of disinfectants and alcohol, their increased vulnerability to exploitation for child labor, social discrimination, and the limited availability of services for children with disabilities. Following the closure of schools and kindergartens, 32 children who were left home unsupervised died from accidents in the first six months of the year.
A special unit for minors in the Prosecutor General’s Office, the Juvenile Justice Unit, is responsible for ensuring that particular attention and expertise are devoted to child abuse victims and child offenders.
Child, Early, and Forced Marriage: The legal minimum age for marriage is 16 for women and 18 for men. There were no official statistics regarding child marriages.
Child marriage was most common in Romani communities, where it was reportedly acceptable to marry off girls between the ages of 12 and 14. This either took the form of a forced marriage, whereby a girl is married off to an adult man against her will, or an arranged marriage, whereby “match makers” arranged for two children to be married in the future. In such cases marriage takes place without official documentation or registration. After marriage, girls commonly dropped out of school to take on household duties.
Sexual Exploitation of Children: The exploitation of a child in a commercial sex act is punishable by 10 to 12 years’ imprisonment. Authorities punished commercial sex with minors as statutory rape. The law prohibits the production, distribution, broadcasting, import, export, sale, exchange, use, or possession of child pornography, for which the punishment is one to three years’ imprisonment and fines. These laws were generally enforced. The minimum age for consensual sex is 16. The country is a destination for child sex tourism. According to the International Organization for Migration’s 2020 Violence against Children and Youth Survey report for Moldova, 7.6 percent of girls and 5.4 percent of boys between the ages of 13 and 17 experienced sexual violence in the previous year.
The Prosecutor’s Office to Combat Organized Crime and Special Cases is responsible for investigating and prosecuting child sexual abuse cases, and the Antitrafficking Bureau of the Prosecutor General’s Office is responsible for investigating and prosecuting child trafficking and child sexual exploitation. During the first 10 months of the year, law enforcement officials identified 42 victims of child online sexual exploitation, ranging in age from eight to 17 years old. La Strada’s Child Safeguarding Team registered 81 new cases of child sexual exploitation and sexual abuse that included 27 cases of child pornography, 21 cases of child trafficking for the purpose of sexual exploitation, and 33 cases of sexual abuse. Law enforcement bodies referred 63 cases for assistance.
Institutionalized Children: During the year the number of children placed in residential institutions decreased to 961, including 195 children with disabilities. The government also operated family-type homes, maternal centers, and daycare centers that provided various services for deinstitutionalized children, including children with disabilities. Another 26 mobile teams assisted over 840 beneficiaries across the country, including 485 children with disabilities. Children raised in residential institutions were at greater risk of unemployment, sexual exploitation, trafficking, and suicide as adults compared with their peers raised in families. According to human rights watchdogs and the ombudsperson for children’s rights, legal protective mechanisms to prevent recidivism and reinstitutionalization of homeless children were not functional during the year.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at HYPERLINK “” HYPERLINK “https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html”https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The Jewish community numbered between 1,600 and 30,000 persons (depending on source and definition), including up to 2,000 living in Transnistria.
According to the Jewish community, anti-Semitic discourse, hate speech, and instigation to discrimination and violence against members of the Jewish community, especially on the internet, was a systemic problem. Publications related to the community’s activities were often followed by discriminatory comments or verbal insults that were not banned on such platforms, including blaming the Jewish community for the spread of COVID-19. Online security was another problem during the pandemic. In April the Jewish community reported a case of unauthorized individuals accessing an online Zoom session conducted by the community’s rabbi during a daily Torah lesson. The unknown perpetrators intimidated Zoom participants and posted insulting photographs and videos for several minutes.
The Jewish community reported two acts of vandalism during the year. Unknown individuals made an anti-Semitic inscription at an exhibit dedicated to the 20th anniversary of the Chisinau-Tel Aviv twin cities agreement. The community registered a complaint with police, and the case was pending at year’s end. In a second case, unknown individuals vandalized and drew anti-Semitic graffiti on 82 tombs at the Jewish cemetery in Chisinau. The Jewish community sent a complaint to the police and called on the authorities to adopt legal mechanisms that would prevent and punish Holocaust denial, the glorification of Nazi leaders or the use of Nazi symbols. The Chisinau police department opened a criminal case. According to the Jewish cemetery director, the perpetrators vandalized an unprecedented number of tombstones on the nights of October 30 through November 1. In reaction the Ministry of Education, Culture, and Research, which oversees the Jewish History Museum, which includes the Jewish cemetery, announced the installation of video surveillance equipment at the cemetery to prevent similar incidents in the future. In November the government also adopted amendments to the criminal code; strengthened sanctions for “acts of vandalism and desecration of tombs, monuments or places revered by persons belonging to various religious groups;” and imposed higher fines and imprisonment terms of up to four years. The Ministry of Foreign Affairs and European Integration condemned the acts of vandalism, noting “the destruction of Jewish gravestones and monuments is a barbaric attack not only on the memory of the Jews from the Republic of Moldova, but is also challenging the entire Moldovan society.”
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to public facilities, health services, or the provision of other government services, but authorities rarely enforced the law.
Investigation of degrading treatment of patients in psychoneurological institutions was deficient. In most cases prosecutors refused to investigate complaints submitted by patients, questioning the accuracy of allegations made by persons with mental disabilities. According to Promo-LEX, most prosecutors and investigators lacked technical skills to investigate acts of violence or torture in psychiatric institutions. Authorities also lacked a regulatory framework for the psychological assessment of victims of torture and inhuman or degrading treatment in psychiatric institutions.
During the first nine months of the year, members of the Council for Prevention of Torture, as part of the National Mechanism for the Prevention of Torture (NMPT), conducted preventive visits to residential institutions for persons with disabilities. The NMPT identified a number of problems in such institutions, including a shortage of personnel in most residential institutions, including of medical staff in institutions hosting persons with disabilities; verbal and physical abuse by personnel of persons with disabilities; involuntary confinement of patients; insufficient qualified staff at specialized institutions for children with disabilities; and lack of complaint mechanisms.
During its monitoring activities, the Moldovan Institute of Human Rights identified systemic deficiencies in psychiatric hospitals and temporary placement centers for persons with disabilities. Experts reported cases of forced medication without a legally mandated court order. Patients isolated in temporary placement centers reported the administration of psychotropic drugs without consent and mistreatment by personnel. The institute also found deficiencies in documentation, investigation, and management of cases involving persons with mental or psychosocial impairments by police, prosecutors, judges, and health service providers. While all institutions are required to document and report any unexplained injuries to the Anti-Torture Prosecutor’s Office, officials at the Codru Psychiatric Hospital reported no such cases during the year, despite IDOM monitors finding numerous patients with visible injuries during the course of their audit.
According to the Moldovan Institute of Human Rights, Balti Psychiatric Hospital lacked a separate ward for patients who committed crimes, leaving them to be housed and treated alongside civilly committed and voluntarily committed patients. Persons with different types of disabilities and widely different ages were sometimes lodged in the same rooms, and unjustified restrictive measures were sometimes applied. There was no separation of persons who were civilly committed as presenting a danger to themselves or others from those who voluntarily committed themselves in any of the country’s three psychiatric hospitals.
During the March 17 to May 15 state of emergency declared in response to the COVID-19 pandemic, all “closed institutions” including psychiatric hospitals and temporary placement centers for persons with disabilities (“social care centers”), suspended discharges, keeping patients and residents involuntarily confined. Visitors and outside monitors were also denied access to these facilities during the state of emergency “as a quarantine measure.” Independent monitors reported that stresses imposed on patients, residents, and staff by the quarantine measures led to an increase in mistreatment cases and hurt the mental health of patients and residents.
The law requires new construction and transportation companies’ vehicles to be accessible to persons with disabilities. Authorities implemented the provisions of the law only to a limited extent. While many newly built or reconstructed buildings were accessible, older buildings often were not. According to the disability rights NGO Motivation, more than 70 percent of public institutions lacked access ramps for persons with disabilities. Persons with mobility disabilities complained about the lack of access to public transportation and public institutions as well as the shortage of designated parking places. Despite some improvements during the year, city authorities and construction companies often disregarded legal requirements on accessibility for persons with mobility impairments.
An audit on the accessibility of polling stations conducted by the Central Electoral Commission and the UN Development Program in 2019 found that only 1 percent of 612 stations assessed were fully accessible for wheelchair-bound persons. Most polling stations had no ramps or accessible toilets, narrow entrances, and dark hallways, which led to many persons with disabilities requesting mobile ballot boxes. According to Central Election Commission data, there were 170,000 persons with disabilities of voting age. There were no measurable improvements to these metrics reported in the year.
The government continued the deinstitutionalization of persons with disabilities and provided alternative community-based services under the National Program of Deinstitutionalization of People with Intellectual and Psychosocial Disabilities from residential institutions for 2018-26. Deinstitutionalization was temporarily halted during the COVID-19 state of emergency from March 17 to May 15.
Human rights observers criticized the country’s guardianship system. A person placed under guardianship loses all standing before the law and cannot perform social and legal acts, such as marriage, voting, claiming social benefits, and consenting to or refusing medication. Most residential institutions lacked proper accommodation for persons with mobility impairments.
Most schools were poorly equipped to address the needs of children with disabilities. Some children with disabilities attended mainstream schools, while authorities placed others in segregated boarding schools, or they were home schooled. Although the law provides for equal employment opportunities and prohibits discrimination against persons with disabilities (with the exception of jobs requiring specific health standards), many employers either failed to provide accommodations or avoided employing persons with disabilities.
According to NGOs providing services for persons with mobility impairments, the COVID-19 pandemic negatively affected persons with disabilities, particularly those in wheelchairs. Authorities suspended the provision of most health-care rehabilitation and social services during the state of emergency and public health state of emergency, negatively affecting the physical and psychological condition of persons with disabilities.
In Transnistria the “law” provides for protection of the rights of persons with disabilities in the areas of education, health care, and employment. According to the latest 2019 report of the Transnistrian “ombudsman,” there were 17,121 persons with disabilities registered in Transnistria as of December 2019, including 1,304 children with disabilities (aged under 18 years old). The same report noted 188 patients as of October 2019 in the region’s only psychiatric institution in Vyhvatintsy village. Reliable information about the treatment of persons with disabilities in Transnistria was generally unavailable, but there were reports that children with disabilities rarely attended school and lacked access to specialized resources.
Members of National/Racial/Ethnic Minority Groups
Roma continued to be one of the most vulnerable minority groups in the country and faced a higher risk of marginalization, underrepresentation in political decision making, illiteracy, and social prejudice. Roma had lower levels of education, more limited access to health care, and higher rates of unemployment than the general population (see section 7.d.). According to a study released during the year by the Partnership for Development Center, the employment rate among Roma was only 6.4 percent. The unemployment rate among the Romani community stood at 45 percent. Romani women were particularly vulnerable to social exclusion and discrimination.
Approximately 60 percent of Romani families lived in rural areas. Some Romani communities lacked running water, sanitation facilities, and heating. Other problems facing Roma included lack of emergency health-care services in secluded settlements, unfair or arbitrary treatment by health practitioners, and lower rates of health insurance coverage. Authorities lacked an effective mechanism to address vulnerable families whose children did not attend school.
According to a 2019 survey of 476 Romani women from 48 localities conducted by the Roma Women Network in Moldova, the most serious problems reported were limited access to education, the job market, medical services, and information about health and hygiene. The survey showed that only 36.6 percent of Romani women attended some form of state-guaranteed education, while 57.8 percent said they did not have an opportunity to continue their studies. About 84.7 percent of respondents were unemployed, and many of them alleged that they were subject to discrimination when trying to get a job. According to the survey, one-third of women reported discrimination when consulting a doctor; 70 percent of women reported not having access to information about health and hygiene. There were no measurable improvements to these metrics reported in during the year.
According to Romani leaders, the community faced a high rate of emigration and the state did not provide financing for Romani community mediators, as prescribed by law. A total of 54 Romani community mediators were active during the year. The government earmarked 3.5 million lei ($210,000) for Romani community mediators during the year, but its 2016-20 action plan for the community was unfunded.
The law prohibits employment discrimination based on sexual orientation, but societal discrimination based on sexual orientation and gender identity continued. The lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported verbal and physical abuse. In most cases police were reluctant to open investigations against the perpetrators. According to a survey conducted by the Antidiscrimination Council in 2018, the LGBTI community had the lowest societal acceptance rate of any minority group.
In June the NGO Genderdoc-M organized the 19th annual Moldova Pride Festival. Due to the COVID-19 pandemic, events were conducted almost exclusively online. Genderdoc-M rented three billboards bearing the festival’s theme, “I Am Close to You but You Don’t Know Me,” to carry information about LGBTI pride for one month. The company leasing the billboards removed the signs after two weeks, reportedly at the request of Chisinau city government. Genderdoc-M filed a complaint with the Equality Council, which had not ruled on the matter at year’s end.
A 2019 Promo-LEX report, Hate Speech and Discrimination in the Public Space and Media, noted that hatred and discrimination based on sexual orientation and gender identity dropped by approximately 30 percent in 2019 compared to 2018. The LGBTI community remained among the groups that were most vulnerable to hate speech and was subjected to some of the most aggressive and violent speech registered by authorities. During the electoral campaign for the November 15 runoff presidential election, President Igor Dodon promised to ban LGBTI parades.
Genderdoc-M reported eight verbal and nine physical assaults against LGBTI individuals during the year. On May 8, the parents of a 15-year-old girl reportedly beat her after they were told that she was a lesbian. The girl filed a complaint at the Securuel police station in Riscani, Chisinau, with the support of Genderdoc-M representatives. The responding police officer initially refused to accept the complaint and called the girl’s parents to the station. Only after a Genderdoc-M representatives threatened to call the national emergency number did the officer begin recording the complaint and call a victims specialist. Genderdoc-M later filed a complaint against the officer with the Ministry of Interior.
On April 15, a young man was walking in central Chisinau when a minibus stopped next to him and several individuals forced him into the vehicle. He was taken to an alley where a group of assailants beat him and threatened him using derogatory terms for homosexuals. He was forced to put a condom on his head and then forced to eat a second condom. The attackers threatened to set him on fire and additional unspecified violence if he reported the attack. The attack was recorded on one of the attackers’ cell phone and later posted on social media. Police were investigating the attack at year’s end.
Civil society organizations reported that, although transgender individuals were allowed to change their names (e.g., from a male to a female name) on legal identity documents, including passports, the government did not permit them to update gender markers to reflect their gender identity. Transgender individuals also experienced employment discrimination (see section 7.d.).
In Transnistria consensual same-sex sexual activity is illegal, and LGBTI persons were subjected to official as well as societal discrimination. A young gay man in Transnistria was reported to be under investigation by “authorities” for refusing conscription into the separatist military. He expressed fear of violence and discrimination within the “military” and relocated to Moldovan government-controlled territory to escape persecution.
Persons living with HIV continued to face societal and official discrimination.
The law prohibits hospitals and other health institutions from denying admission or access to health-care services or requesting additional fees from persons with HIV or suspected of being HIV-positive. Prison inmates with HIV or AIDS faced high levels of discrimination by both prison staff and other inmates. Official practice requires that positive HIV test results be reported to the public health sector’s infectious disease doctor. In some cases positive test results were also reported to the patient’s family physician, a practice to which many HIV-positive individuals objected.