Right to communicate
Whilst in prison, you should be able to maintain relationships with your family and other persons as normally as possible. This includes your right to meet them in person at least as many times as reasonably necessary for maintaining a relationship with them.
During these meetings, you should be able to talk to your family members directly without having a separating wall between you. You should also be able to have some physical contact (such as a hug or holding hands) with your family members, even during short visits.
What is family?
According to Moldovan law, members of your family are your:
- parents
- spouse
- children
- adoptive parents
- siblings
- grandparents
- grandchildren
- aunts and uncles
- cousins
Your unmarried partner, with whom you have been living or have children together, is also considered your family member.
Frequency and duration of visits
In Moldova, there are two types of visits that you can have with the members of your family and other relatives – short visits (up to 4 hours) once a month and long visits (up to 3 days) once a trimester. When determining the duration of the specific meeting, the prisoner's behaviour, the overall frequency and total number of visits of the particular detainee, as well as the availability of prison’s facilities, are taken into account.
Some prisoners are provided with a different frequency and duration of visits depending on their status and the level of the sentence execution regime. For example, minors benefit of more favourable rules, while life sentenced convicts are subject to less favourable ones. You may also have short visits with persons other than your family members.
If you are in an investigative prison awaiting your trial, you are allowed to meet with your family, other relatives or persons once a month for 1-4 hours. However, long visits are provided for up to 24 hours in an investigative prison.
Restrictions and monitoring
Every restriction (such as, the number of visits, the duration of visits or the methods of supervision) must be as permitted under the law, well-grounded and limited in time.
Moldovan law allows restrictions on visits in prisons, but only for security reasons or as a disciplinary punishment. An individual decision regarding a restriction must be recorded. The need for restrictions should be well-reasoned, individually assessed and specific to your case. The restrictions should not be more severe than necessary for your individual situation.
important The prison administration cannot prevent you from seeing your family at all.
Moldovan law allows the prison administration to monitor your short meetings. Under human rights standards, this kind of interference is admissible if there are security concerns, if the visitor requests this or if there are other well-grounded reasons. These reasons must be individually assessed and specific to your case. An individual decision regarding the level of monitoring should be made. The prison administration should choose the least restrictive method of monitoring that is effective in your situation.
example Mute video surveillance will be less restrictive than having a guard present in the meeting room.
What human rights violation may there be?
If your visits are unlawfully restricted and monitored, namely, in situations that are not allowed by law, where restrictions are unnecessary or too strict for your case, this may result in the violation of your privacy and family life.
If the head of your prison has denied you a visit or applied unlawful monitoring methods, you should complain to the investigative judge or to the Director of the National Prison Administration. Read more about how to complain.