How is your complaint examined?

After the Ombudsman receives your complaint, he/she will decide whether to open an examination procedure. If he decides to reject your complaint or to close its examination, the Ombudsman will explain the reasons for such a decision. You have no right of appeal against a decision to reject your complaint or to close the investigation. 

The Ombudsman will not examine the complaint if:

  • it is submitted over one year from the finding of the violation of the human rights and freedoms
  • it is under court trial for substantive examination, except complaints on actions and/or inactions of the judge
  • the review of the complaint is in the competence of other bodies (initiation of a criminal investigation, explanation of the court decision) 
  • the complaint is about a tried matter, for which there is a sentence or a substantive court decision
  • it contains calumnies and insults, discredits the state authorities in general, local authorities, citizens’ associations and their representatives, instigating to national, racial, religious and other types of hate and other actions for which liability by law is provided

If the Ombudsman decides to open an examination, they may request more information from you or the state institution/s that you have complained about. If needed, the Ombudsman may also request information from other institutions or experts.

In cases where violations of your human rights are found, the Ombudsman submits an opinion to the violator. The opinion contains recommendations on the measures to be taken to restore your human rights immediately. 

Read more about the effect of this opinion.

How long will it take?

If you submit a complaint to the Ombudsman, they will take a decision on whether to open an examination and inform you about the decision within 15 days.  

If the Ombudsman decides to open an examination, there is no maximum time limit for completing it. The length of the examination depends on the complexity of the case and can usually take from one month to one year. 

note The filing of a complaint with the Ombudsman or the opening of an examination does not interfere with any other time limits you may have in the Moldovan courts or government agencies. It also does not interfere with the time limits for filing your complaint to the European Court of Human Rights or other international human rights institutions.

Resources

Last updated 23/11/2023