If you believe that your human rights have been violated while you are in prison, you may submit a complaint about such violation. It is important for preventing an ongoing violation, preventing a future one or for obtaining compensation.
Read more about the following most common types of complaints:
If you believe that prison material conditions are violating your rights to the extent this violation breaches your right not to be subjected to torture or to inhuman or degrading treatment, you should complain to the investigative judge according to the procedure provided by article 473² of the Criminal Procedure Code. This procedure is also known as the so called ”compensatory mechanism”. Read more about the criteria for evaluation when detention conditions may be considered inhumane or degrading treatment, as well about the compensatory mechanism procedure.
If you believe that there occurred a breach of you right which does not reach the severity to be considered inhuman or degrading treatment or that a decision, or something done by prison officers, violated your rights, you are entitled to submit a complaint to the investigative judge under article 473¹ of the Criminal Procedure Code. The court decision issued under this procedure can be appealed to the higher-level court by any interested person, within 15 days.
In the same time, prison staff and the head of your prison are responsible for the maintenance of good conditions and order at the prison. Therefore, it may often happen that a more efficient and quick solution to your problem would be reached by a complaint to the head of the prison or the National Prison Administration. The National Prison Administration is an institution which oversees the functioning of all prisons in Moldova. It is obliged to examine your application.
Thus, there is a wide range of matters about which you may complain both to the investigative judge (under article 473¹ of the Criminal Procedure Code) and the prison administration (head of your prison and/or National Prison Administration), including:
- work security inside the prison
- quality of medical assistance provided
- quality of food supplied
- correspondence
- right to visits
important However, before choosing to complain to the investigative judge under article 473¹ of the Criminal Procedure Code and/or the prison administration, please ensure that you do not need to follow one of the specific procedures or the so called ”compensatory mechanism” mentioned above.
For example, if you want to complain about violence or a potential crime committed by a prison officer, read about specific procedures.
Generally, you can appeal any decision by the head of the prison to the National Prison Administration.
The prison staff and the head of the prison are responsible for conditions and good order in prison. Therefore, if other inmates have violated your rights, you should alert the prison staff or the head of the prison.
Read more about how to complain about crimes committed by fellow inmates.