Denial of adequate medical care of Mr. Serghei Cosovan while in detention

Denial of adequate medical care / Criticalhealth conditions

The International Secretariat of the World Organisation Against Torture(OMCT) requests your URGENT intervention in the followingsituation in the Republic of Moldova.

Brief Description of the Situation

The International Secretariat of OMCT has been informed byreliable sources about the denial of adequate medical care of Mr. SergheiCosovan, a 46-year-old Moldovan citizen, held in custody pending trial inPrison No.16-Pruncul, Chisinau, Moldova.

According to the information received, Mr. Serghei Cosovan, who is in theend-stage of liver cirrhosis, has been detained pending trial since 28September 2017 without adequate medical treatment. Since his arrest, Mr.Cosovan’s health condition has become dramatically worse and is in urgent needof a liver transplant. He has undertaken several surgeries while detained tostop the bleeding of his esophageal varices that occurs periodically. The lastone was performed in February 2018.

Mr. Cosovan‘s case has been brought to the attention of the Moldovan Ombudsman.On 12 April 2018, experts of the Ombudsman’s Office visited Mr. Cosovan andfound that his state of health is constantly aggravated and that he needs aconsultation of a hepatologist in order to initiate a liver transplantprocedure. The experts have stated that the delay of this process could lead toan aggravation of his state of health and even his death. The livertransplantation is not possible to do since the Penitentiary No. 16 Pruncul andthe Department of Penitentiary Institutions have no health care contractssigned with medical institutions that are specialized in the field of livertransplantology.

The OMCT is gravely concerned about the critical healthcondition of Mr. Serghei Cosovan and the vital threat that the constantdenial of adequate medical care represents. The OMCT calls on the Moldovan authorities to urgentlyguarantee the physical and psychological integrity of Mr. Serghei Cosovanand immediately secure that he receives adequate medical care through transferring him to an accredited medical public institutionspecializingin severe hepatic disease and liver transplantation.

The OMCT recalls the Moldovanadministration its responsibility to effectively ensure the physical andpsychological integrity of all persons deprived of liberty in accordancewith regional and international human rights law, and in particular theEuropean Convention on Human Rights, the Convention against Tortureand Other Cruel, Inhuman or Degrading Treatment of Punishment, and the UNStandard Minimum Rules for the Treatment of Prisoners.

Actions requested

Please write to the authorities of the Republic of Moldova urging them to:

i. Guarantee, inall circumstances, the physical and psychological integrity of Mr. SergheiCosovan;

ii. Order the immediate transferof Mr. Serghei Cosovan to an accredited medical public institution specializingin severe hepatic disease and liver transplantation where he can receiveadequate medical examination and adequate medical treatment for hisdisease;

iii. Ensure thatadequate conditions of detention and medical services are guaranteed toall persons that have been deprived of liberty and detained in Moldova,according notably to the UN Standard Minimum Rules for the Treatment ofPrisoners;

v. Guarantee the respect of humanrights and the fundamental freedoms throughout the country in accordance withnational laws and international human rights standards.

Addresses:

· Ministry of Justice of Moldova - Victoria Iftodi, Fax:(+373 22) 23 47 97, E-mail: secretariat@justice.gov.md

· NationalAdministration of Penitentiaries (former Department of Penitentiary Institutions) – Director Aureliu SUHAN, Fax: (+373 22) 409-788;409-717, E-mail: dip@penitenciar.gov.md

· Penitentiary No.16-Pruncul - Igor PATRASCU (Chief ofthe Penitentiary 16), E-mail: p16secretariat@penitenciar.gov.md

· People's AdvocateOffice of Moldova – Cotorobai Mihail, Fax: (+373 22) 22 54 42; E-mail: ombudsman@ombudsman.md

· The GovernmentalAgent’s Office of Moldova - Oleg ROTARI,Fax:(+373 22) 23 47 97, E-mail: oleg.rotari@justice.gov.md

· PrimeMinister of the Republic of Moldova - Pavel Filip, E-mail petitii@gov.md

· Officeof the Prosecutor General of Moldova – Eduard Harunjen, Fax: (+373 22) 21 20 32

· AnticorruptionProsecutor's Office – Morari Viorel, E-mail: proc-ant@procuratura.md

· SuperiorCouncil of Magistracy of Moldova – Victor Micu (The president of the CSM), E-mail: aparatul@csm.md

· H.E. Mr. Tudor Ulianovschi, Ambassador of thePermanent Mission of the Republic of Moldova to the UN in Geneva, Switzerland,Fax +4122 733-91-04, E-mail: mission.moldova@ties.itu.int

Pleasealso write to the embassies of the Republic of Moldova in your respectivecountry.

Please copy also the Office of the UN Resident Coordinator in Moldova, the OSCE Mission toMoldova, the EU Delegation to Moldova and the Council of Europe Office ofMoldova:

· Ms. Dafina Gercheva, UN Resident Coordinator, United Nations House, Fax: (+373 22) 220041 moldova@one.un.org

· Ambassador MichealScanlan, Head of Mission, OSCE Mission to Moldova, Fax: +373 2222 34 96. Email : moldova@osce.org

· Ambassador Peter Michalko, Head of Delegation, Delegation of theEuropean Union to Moldova, Fax: (+373 22) 27 26 22, Email: delegation-Moldova@eeas.europa.eu

· José Luis Herrero, Head of Office, Councilof Europe Office in Moldova, Fax: +373 22 202 305, Email : fieldchisinau@coe.int

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Geneva, 18 May 2018

Kindly inform us of anyaction undertaken quoting the code of this appeal in your reply.