Moldova
17.08.11
Urgent Interventions

Take action: Fear for the safety of Mr. Vitalie Eriomenco, a 42-year-old businessman from Vadul-lui-Voda, currently detained in Tiraspol prison n° 3

MDA 170811

Allegations of torture and ill-treatment/Threats/ Due process violations/ Lack of an effective investigation/ Lack ofadequate medical attention/ Fear for the safety

TheInternational Secretariat of the World Organisation Against Torture (OMCT)requests your URGENT intervention in the following situation intheRepublicof Moldova/ Region of Transnistria.

Brief Description of the Situation

TheInternational Secretariat of OMCT has been informed by a reliable source andAntenna International, a member organisation of OMCT SOS-Torture Network, aboutthe alleged torture and ill-treatment suffered by Mr. Vitalie Eriomenco,a 42-year-old businessman from Vadul-lui-Voda, a suburb of Chisinaumunicipality, and living in Slobozia (administrative sub-district of Transnistria), the lack of an effective investigation into the aforementionedallegations and the absence of adequate medical assistance.

According to the information received, on 29 March2011, Mr. Vitalie Eriomenco was arrested without a warrant at work, in Slobozia, by six men in plain clothes, members of theDepartment for Combating Organized Crime and Corruption of the Ministry ofInterior ofthe unrecognized Transnistrianauthorities (Pridnestrovian MoldavianRepublic[1] or PMR, alsoknown as "Pridnestrovie"), oncharges of theft. Shortly after Mr. Vitalie Eriomenco's arrest, his home was searched with no mandate and hishome keys were confiscated. His wife and two children were reportedly woken upand forced to leave the house without taking any clothes or items. To date, Mr.Vitalie Eriomenco’s wife and children are forbidden to enter the house.

Accordingto the same information received, Mr. Vitalie Eriomenco was interrogated for about ten hours after hisarrest. During the interrogations, he was allegedly ill-treated, denied accessto a lawyer and threatened that his son would be arrested if he refused to recognizethe alleged theft of 12’000$ from his own business. Fearing for the safety ofhis family, Mr. Vitalie Eriomenco reportedly signed a document confessing tothe alleged crime. He was subsequently detained in the basement of the Tiraspol pre-trial detentioncentre (SIZO), in conditions amounting to cruel, inhuman or degrading treatment. He was kept ina humid cell, without ventilation or adequate access to sanitation, and water.

During the two first days of his detention,Mr. Vitalie Eriomenco was also reportedly forced to sign a documentrenouncing to his right to legal counsel and stating that he would representhimself before court. On 31 March 2011, he was allowed to be assisted by alawyer, albeit chosen by the authorities and from the Transnistrian region. Mr.Vitalie Eriomenco’s parents subsequentlyhired another lawyer from Moldova,who was allowed to work on Mr. Vitalie Eriomenco’s case. However, this latter has reportedly suffered severalobstacles, including limited access to Mr. Vitalie Eriomenco in detentionand to documents.

On 1 April 2011, Mr. Vitalie Eriomenco was remanded in custody for 60 days on charge of “theftof large amount” after he appeared at the Tiraspol court. He was again remanded in custody for 60 dayson 26 June 2011. On 11 May 2011, Mr. Vitalie Eriomenco had reportedly made a writtenrequest to the criminal investigator for a new hearing to denounce that hisconfession was obtained under duress. However, the request was dismissed. He is currently detained in Tiraspol prison n° 3. Since his arrest, Mr. Vitalie Eriomenco has been denied accessto his family, despite that several requests were submitted to the authorities.

According to the same information, Mr. Vitalie Eriomenco has been suffering, for many years, fromseveral chronic diseases, including a stomach ulcer, urinary infections, prostatitis,neurological and heart problems, which require a regular medical follow-up anda specific diet. It is reported that his health has worsened since hisdetention due to the lack of adequate medical care and poor conditions ofdetention (including limited access to sanitation and lack of adequate food,dark, cold and overcrowded cell). He has reportedly only received the medicineshe was taking before his arrest after being transferred to the prison’shospital, on 8 June 2011. Once at the hospital, he was also reportedlyforced to undergo a medical psychiatric and neurological examination. To date,the results thereof remain unknown, despite that Mr. VitalieEriomenco’s lawyer filed a request to obtain the legaljustification and the results of the examination. Furthermore, Mr. VitalieEriomenco’s family has received no informationregarding his current health condition.

OMCTexpresses its deep concerns about the safety and physical and psychologicalintegrity of Mr. Vitalie Eriomenco andof his family, and calls on the de facto Transnistrian authorities to guaranteehis safety at all times.

Actions requested

Please write to the de facto authorities of the Region of Transnistria (so-called Pridnestrovian Moldavian Republic), the authorities of the Republic ofMoldova and the Russian Federation, and urging them to:

i. Guarantee, in allcircumstances, the physical and psychological integrity of Mr. Vitalie Eriomenco and of his family;

ii. Grant Mr. Vitalie Eriomenco full access to his lawyer and his family, as well as guarantee that heis promptly examined by independent doctors and receives adequate and freemedical care, in accordance with, inter alia, the UN Standard Minimum Rules forthe Treatment of Prisoners;

iii. Order his immediaterelease;

iv. Carry out a prompt,effective, thorough, independent and impartial investigation into these events,in particular the allegations of torture and ill-treatment inflicted on Mr. Vitalie Eriomenco, the result of which must be made public, in order to bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law ;

v. Ensure that adequate, effective and prompt reparation,including adequate compensation and rehabilitation, is granted to the victimconcerned.

Addresses

De facto Transnistrian authorities:

· IgorSmirnov, President of Transnistria, MD-3300, ул. 25 Октября, 45, for on-line petitions: http://president.pmr-gov.org/anketa.Tiraspol, Republic of Moldova;

· RogojinaL. P., Presidential Administration, MD-3300, nr 45, 25-Oktyabrya str., Tiraspol, Republic of Moldova; tel:(373533) 6-27-36; tel/fax: (373 533) 9-72-44;

· VladimirAntyufeev, Ministery of State Security, MD-3300, 42 Manoilova str., Tiraspol, Republic of Moldova; priem@mgb-pmr.org; tel/fax: (373 533) 94627

· StepanovS., Ministry of Justice, MD-3300,26 Lenina str., Tiraspol, Republic of Moldova; tel.: (373 533) 8-17-53, 9-20-41; inbox@justice.idknet.com

· AnatoliGuretski, Prosecutor of Transnistria,MD-3300, Tiraspol, 383 Liebknechtstr., Republic of Moldova; tel.: (373 533) 9-51-47,9-44-84; fax: (373 533) 9-44-92;

· Rimari V.S.,Chairman of the Supreme Court,MD-3300, 29. Iunosti str., Tiraspol, Republic of Moldova; тел./факс: (373-533) 2-50-06, for on-linepetitions: http://vspmr.org/mailform.php;

· Kaminski A.V., Chairman of the Supreme Soviet (LocalParliament),MD-3300, ул. 25 Октября, 45,., Tiraspol, Republic of Moldova; kav@vspmr.org;

Republic of Moldova:

· Vlad Filat, Prime Minister of Republic of Moldova, Chisinau, Piaţa Marii Adunări Naţionale 1, Tel. (+373 22) 250 101; for on-line petitions: http://www.gov.md/feedbacktxt.php?l=en&idc=439

· ZubcoValeriu, General Prosecutor, Republic of Moldova, Chisinau, str. BanulescuBodoni26 ; tel/fax.: (+ 373 22) 212 032; email: procuror@procuratura.md, for on-line petitions: http://www.procuratura.md/md/exp2/

Russian Federation:

· Mikhail AlexandrovichFedotov, Chairman of the Presidential Human Rights Commission of the RussianFederation, 103132, Moskva, Staraya pl., d 8/5, pod 3, Fax: +7 (495) 20 64855;

· Vladimir Lukin, Russian Federal Ombudsmanfor Human Rights, , Fax: +7 495 207-74-70;

· Permanent Mission of theRussian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211,Geneva 20, Switzerland, E-mail: mission.russian@ties.itu.int, fax: +41 22 734 40 44;

Please also write to the embassies of the Republic of Moldova and ofthe Russian Federation in yourrespective country.

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Geneva, 17 August 2011

Kindly inform us of any action undertaken quotingthe code of this appeal in your reply.

[1] The Transnistrianregion broke away from Moldova, declaringindependence unilaterally in 1990. The self proclaimed PridnestrovianMoldavian Republic (PMR) is not recognized by theinternational community.