Prison officers may use physical force against you only if it is allowed for by law and strictly necessary in the situation. In Moldova, authorization and the conditions for use of force are described in the Execution Code, Prison administration system law, Law on the way of applying physical force, special security means and firearms and in the Statute on execution of the sentence by the convicts.
Reasons
Force may be used against you as a security measure to ensure your safety and that of others and to prevent disorder. Generally, any use of force which is not strictly necessary will be considered to be a violation of the prohibition against inhumane treatment. Even the use of light physical force may violate human rights if it infringes upon a person’s human dignity.
Conditions
There are certain rules that must be assessed at any time that prison staff use physical force. These are:
- Whether there was any danger requiring the use of force?
- Whether there were other, less coercive means to ensure safety and order?
- Whether the amount of force used was appropriate for the situation and the person involved?
- Whether force was used only for as long as it was necessary?
important The use, or threat to use, force or firearms must not be used as a punishment or method of coercion.
Procedure and safeguards
Moldovan law provides strict rules for the use of force and firearms. The use of force against women, minors or persons with a disability, is allowed only in exceptional situations when they endanger other persons or oppose dangerous resistance for people's lives and health.
Warnings
There must always be warnings before a firearm is to be used, unless it is not reasonably possible in the particular situation. The Law on the way of applying physical force, special security means and firearms enumerates the situations when a firearm can be used without warning.
Caution
The officer using the firearm must ensure that its use will not endanger other persons.
Report
According to Moldovan law, every time the prison staff use force against you, this fact must be documented and immediately reported to the Head of the prison and National Prison Administration, and in case of firearm use the prosecutor will be informed.
Medical examination
If physical force has been used against you, you must be examined by a doctor and receive the necessary medical care as soon as possible.
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
If force is used against you contrary to these rules, it may lead to a violation of the prohibition against inhumane or degrading treatment. However, to amount to inhuman or degrading treatment, the effect the use of force leaves on your physical or mental health must be sufficiently severe.
example If you are pushed lightly because you refuse to move to another location, most likely it will not violate your rights. However, if you are severely beaten and threatened with a firearm to ensure your move to another location, your rights will most likely have been violated.
Read more about how to evaluate whether your rights have been violated.
Right to life
Where a prisoner has died as a result of the improper use of force, it will most probably be a violation of his/her right to life. Read more about how to evaluate whether the right to life has been violated.
How to complain
If you believe that your rights have been violated, you should complain to the investigative judge, the head of the prison, the National Prison Administration or to the prosecutor. If you believe that the prison officer has committed a crime against you, you should complain to the prosecutor. Read more about how to complain.