Interviu cu Gheorghe Amihalachioaie,
Presedintele Biroului Avocatilor din Republica Moldova

“It would be desirable to be a lawyer in each detention
place that would provide legal assistance to convicts”

Interview with Mr. Gheorghe Amihalachioaie,
The President of the Lawyer’s Bar of the Republic of Moldova

- During 2004-2006 within the prisons all over the republic, a group of experts from the Institute for Penal Reform provided social, legal and psychological assitance. Which are the objectives to be achieved?

For the time being the main objective is to monitor the problems encountered by the accused and convicts. Being that not every detention place has a lawyer, we have intended to examine the legal problems: Is the term of arrest observed? Is the right to defense violated? Are the convicts ill-treated? More than this, have all their rights been brought to their notice in time. We consider all their complaints towards the legal problems they face with and towards the prisons’ administration.

- Have you managed to visit the preventive detention places from Rezina, Chisinau, Cahul, Balti. Which are the results?

Yet we cannot speak about any exceptional results, we are just monitoring the problems encountered by detainees, fix the necessary data, provide assistance… though it would be desirable to be a lawyer in every detention place, that should be paid and justified to provide legal assistance in time, who would consider the complaints and the problems of detainees. This would change the current situation in detention places a lot. We cannot change the attitude towards the convicts; we just help to solve the problems of violating the detainees’ rights, thus contributing to respect the Law.

- How receptive are the prisons’ administration visited so far?

At first the activity of IRP was not so well-known among the convicts. Now, however, they know in advance the date fixed for visits of the mobile teams, even draw up a list of the persons who need our help, and pass it beforehand to the prison administration. There are many persons who are eager to receive legal assistance, but we don’t always manage to discuss with all of them. Thus, the cooperation with the administration became a close one, which is much involved in organizing the activity of the mobile teams.

- What are the problems addressed by convicts most often?

Many times, they are violated their rights as regards the correspondence, which does not reach the destination. Other problems relate to the term of arrest. We have also found cases in which the Court of Appeal receives the copies of verdicts with delay, especially in Chisinau the established term is violated, so that there are situations of delaying of 2-3 months. Another problem are the counsels for the defense appointed by the judge who are not receptive enough to the legal problems of convicts, they do not visit them and provide the necessary assistance. We have established earlier some cases of total lack of interest towards the juveniles. They had not been brought in court, thus violating their term of arrest. Today the administration has become more receptive. We hope the situation would change.

- Are the state authorities involved somehow in carrying out the activities of the mobile teams?

There is achieved some progress as regards the amendments in legislation. But in the meanwhile we can not state firmly that the state authorities provide us all the necessary support. Nevertheless, we will make visits in future too, aiming to achieve favorable results.

Interviewer Inga Zaiat

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Institutul de Reforme Penale © 2005