Mobile teams to assist persons in custody
Guaranteeing human rights, to some extent, is also determined by rights observance of persons in custody. The problem is, though the persons in custody are considered to be innocent at that stage, both the detention conditions, and the attitude towards them is worse than serving the sentence with imprisonment.
The image is justified not only by the imperfection of law, but also by the institutionalized attitude of those responsible for applying the detention to the accused persons (police, prosecutor’s office, the courtroom).
The gathered experience suggests that one of the efficient methods to change the situation is to monitor the detention facilities, to identify the problems through researches, as well as to interfere, if need be, to raise public awareness, lobby for amendments, lege ferenda, or to participate at adopting normative acts.
IRP promoted its experience in this field, monitoring in the period of 2003-2005 the detention facilities through mobile teams (interdisciplinary groups: lawyers, psychologists and social assistants). The Lawyer’s bar of the IRP was specialized in monitoring the detention facilities and providing legal and psycho-social assistance to juveniles in detention. IRP signed a series of cooperation agreements with state bodies responsible in the field and available to conduct researches and draw up normative acts. During a period of 3 years IRP came with definite suggestions and contributed actively to drawing up the Criminal Procedural Code, the Enforcement Code, as well as the Code of Administrative Offences. At the same time, IRP conducted a great number of studies, which represented a huge interest for population and contributed to amending not only normative acts, but also the social attitude on the whole.
Starting with February 2007, the mobile teams are continuing their activity within the project “Strengthening the Criminal Justice System Reform in Moldova”, financed by ICCO. The mobile teams together with the prosecutors are going to monitor the detention facilities and interfere in case of rights violation of persons in custody, providing legal assistance.
Their activity is planned for a period of 3 years, the teams consisting only from lawyers, aiming to provide legal advice in order to change the person in custody to a positive side.
In the result of the activity it is count on the following:
The persons in custody will benefit from legal advice;
There are going to be undertaken interferences in case of violation of the persons’ rights in custody by providing legal advice;
The outcomes of the interferences are to be assessed and reported.
Alexandru Cebanas,
Project Coordinator, IRP
