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April 7, 2009 - file failed! Joint appeal in the context of the commemoration of the victims of April 7, 2009
07 April 2020
This year, we mark 11 years since the tragic events of April 7, 2009, when more than 600 people were ill-treated, detained and cruelly beaten, denied independent and fair justice, detained in inhumane conditions, without water and food.
This year, we mark 11 years since the tragic events of April 7, 2009, when more than 600 people were ill-treated, detained and cruelly beaten, denied independent and fair justice, detained in inhumane conditions, without water and food. In those days of horror, at least five people lost their lives under suspicious circumstances. However, the state claimed only one death. The signatory organizations consider the April 7 file a FAILED one. All persons with responsibility have been acquitted or removed from criminal prosecution. All the torturers escaped scot-free. We remind you that 108 referrals regarding crimes committed by decision-makers and police officers were officially registered and examined, especially by the Chisinau Military Prosecutor's Office and the Chisinau Municipal Prosecutor's Office. In 31 cases, prosecutors self-reported from materials published in the press or from statements. Criminal cases were opened in 71 cases, of which 42 were for torture and 19 were for excess of power or exceeding the duties of office. The European Court of Human Rights condemned Moldova in 8 cases, with reference to the April 7, 2009 file, and more than 40 other applications are under examination. The signatory organizations are concerned that after 11 years since the events of April 2009, the persons in positions of responsibility continued to hold leadership positions within various institutions because they benefited from impunity or were acquitted by the courts. We believe that the criminal investigation and prosecution bodies did not make the necessary efforts to bring those responsible to justice, and as a result the courts did not convict them for various reasons. The signatory organizations CONDEMN the state's inaction to bring to justice the perpetrators of acts of torture and ill-treatment during the events of April 2009 and the constant ignoring of torture victims. We note with regret that several civil servants continue their activity in the institutions where they previously worked, were promoted or work in other state institutions. We regret that hundreds of victims of torture remained traumatized for life and did not receive any real support from the state, except for monetary compensation, incomparably small compared to the damage caused. Law No. 137 (2017), regarding the rehabilitation of crime victims is ineffective and null, without implementation mechanisms, and General Comment No. 3 (2012) of the UN Committee against Torture on art. 14 of the UN Convention against Torture was and is being ignored. It is inadmissible that the multiple international obligations of the Republic of Moldova with a view to "zero tolerance" towards torture remain to be violated to this day, regardless of the multiple recommendations published in various reports every year. The signatory organizations remind the authorities that in a rule of law justice is a priority. The authorities must fulfill their obligations dictated by the international documents in the field of human rights that they have signed, as well as the national ones aimed at ensuring equal rights for all people. The APRIL 7, 2009 file has been ignored by all governments so far and may set dangerous precedents! WE REQUEST the following from the authorities of the Republic of Moldova: WE REQUEST the publication of the information regarding the state officials on whom they plan suspicions and allegations regarding torture and ill-treatment, produced during the events of April 2009, given the fact that torture or accusations of torture constitute a serious crime, incompatible with state function. We demand a clear proof of the practical application of the declaration of "zero" tolerance towards torture! We no longer accept empty statements, which remain only on paper! WE DEMAND the adoption and implementation of all legislative, instructional and organizational measures regarding the complete eradication of the phenomenon of torture, inhuman or degrading treatment. We remind the authorities that victims of torture have the right to Rehabilitation! Make this right a reality! We demand the creation of conditions for the effective and efficient rehabilitation of torture victims, in compliance with the provisions of General Comment No. 3 of the Committee against Torture in art. 14 of the UN Convention. This document very clearly guides WHY and HOW to implement art. 14 of the Convention by the States Parties. We ask that the authorities present a public Apology, especially the President of the Republic of Moldova, to every citizen who suffered directly or indirectly during the dramatic and illegal events of April 2009. Signatory organizations (the list for signing is open) Amnesty International Moldova RCTV Memoria Promo LEX Center for Journalistic Investigations Embassy of Human Rights Human Rights Institute (IDOM) Independent Press Association (API) Transparency International Moldova Human Rights Information Center