Allegationsof torture and ill-treatment to extract a confession/ Denial of adequatemedical care/ Lack of an effective investigation/ Unfair trial/ Fear for thesafety

TheInternational Secretariat of the World Organisation Against Torture (OMCT)requests your URGENT intervention in the following situation inthe Republic of Moldova.

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. Adrian Repescu, a 32-year-old former policeman, and his 24-year-oldbrother, Mr. Constantin Repesco,both from the village of Pirlita, in the district of Soroca, in the Republic ofMoldova.

Accordingto the information received, Mr. Adrian Repescu was arrested on 11 August 2007 in Chisinau by police in plain clothes, who did not identifythemselves. He was taken out of his car without any explanation and knockeddown on the asphalt. His hands were tied with his belt and he was pushed insidethe police car. During the journey, he was allegedly beaten in the kidney area.He was taken to Botanica district police station where he saw his brother. Thislatter had been arrested the same day in the flat that they had rented togetherat the time.

Atthe Botanica district police station, Messrs. Adrian Repescu and ConstantinRepesco were taken to separate rooms and allegedly severely beaten all overtheir bodies by several policemen. They were also hanged from a steel bar fixedon two tables which caused them severe pain. Mr. Constantin Repesco wasreportedly threatened with death and to be charged with drug related offences[1].The policemen put him an anti gas mask on his head and beat him again. Thepolicemen also allegedly attached a heavy object to his genitals while beatinghim. He lost consciousness on several occasions. A police woman identified asMs. Natalia Zinchevici then placed a criminal code on the head of Mr. ConstantinRepesco and hit him with her fists saying that this way there would be no signsof violence on his body. She also hit his ears with her palms.

Accordingto the same information, Messrs. Adrian Repescu and Constantin Repesco wereregularly beaten during their pre-trial detention at the General PoliceCommissariat, Chisinau Municipality where they had been transferred on 14 August 2007.Mr. Adrian Repescu was reportedly placed in a cell with detainees having acriminal record. He was once taken to the room where his brother was beingbeaten to threaten him to recognize the alleged murder he had been accused of. Accordingto the information received, M. Adrian Repescu subsequently confessed to acrime that he did not commit in order to stop the torture his brother was beingsubjected to.

InSeptember 2007, Messrs. Adrian Repescu and Constantin Repesco were transferredto pre-trial detention center (SIZO) n°13. Their family members were onlyallowed to visit them two months after their arrest, in October 2007. Adrian was onlyprovided with medical care once he had been transferred to SIZO n° 13, on 14 September 2007. Mr. Constantin Repescu, who was examined by several doctors in summer2008 (after he was released – see below), was diagnosed with a cranio-cerebraltrauma, a syncope, anxio-neurotic syndrome and a suspicion of a skull basefracture.

Accordingto the same information received, during a court hearing on 14 April 2008, Messrs. Adrian Repescu and Constantin Repesco declared that they hadbeen tortured in order to get a confession. However, no thorough, impartial andindependent investigation was carried out into these allegations.

Afterseveral complaints were lodged by the family before different nationalinstances, the Prosecutor Office of Chisinau Municipality reportedly launched,in November 2010, an investigation in relation to the allegations of tortureand ill-treatment suffered by Messrs. Adrian Repescu and Constantin Repesco andsubsequently recognized beginning of 2011 both brothers as victim of torture. However,on 30November 2011, the same Prosecutor’soffice dismissed the case against the alleged police officers arguing that notorture or ill-treatment was used by the police on both brothers.

On6June 2011, Mr. Constantin Repesco(who had been earlier acquitted on 17 July 2008 by a court of first instanceand subsequently released) was sentenced to seven years in prison and Mr.Adrian Repescu was sentenced to 16 years in prison for murder by the Court ofAppeal of Chisinau, reportedly on the sole basis of the confession obtainedunder torture and ill-treatment. The two brothers appealed the decision and thecase is, at the time of issuing the appeal, pending before the Supreme Court ofJustice.

OMCTis gravely concerned about the physical and psychological integrity of Messrs.Adrian Repescu and Constantin Repesco. OMCT is also deeply concerned that theirconviction is based on a confession obtained under torture and ill-treatmentand that no effective,thorough, independent and impartial investigation into theseallegations was carried out. OMCT recalls thatthe Republic of Moldova is a State party to the UN Convention Against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment and the International Covenant onCivil and Political Rights (ICCPR), which both prohibit torture and othercruel, inhuman or degrading treatment. In line with their obligations underthese treaties, it is incumbent on the authorities of the Republic of Moldovato consider seriously any allegations of torture and ill-treatment made by thevictim, and to undertake a prompt, effective, thorough, independent and impartial investigationin this regard. Moreover, OMCT would like to recall article 15 of theConvention against Torture which stipulates that “Each State Party shall ensure that any statement which isestablished to have been made as a result of torture shall not be invoked asevidence in any proceedings (…)”.

Actions requested

Pleasewrite a letter to the authorities in the Republic of Moldova urging them to:

i. Guarantee, in allcircumstances, the physical and psychological integrity of Messrs. AdrianRepescu and Constantin Repesco;

ii. Grant Mr. Adrian Repescu 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. Call uponthe competent authorities to carry out a prompt, effective, thorough, independentand impartial investigation into theseevents, in particular the allegations of torture and ill-treatment to obtain aconfession, the result of which must be made public, in orderto bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law;

iv. Immediately release Mr.Adrian Repescu if his confessionproves to have been forcibly extracted under torture and otherforms of ill-treatment as stipulated in Article 15 of the UN Convention AgainstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

v. Put anend to any kind of harassment - including at the judicial level - against Messrs. Adrian Repescu and Constantin Repesco, and ensure their right to a fair trial;

vi. Ensure that adequate,effective and prompt reparation, including adequate compensation and rehabilitation,is granted to the victims concerned;

vii. Guarantee the respect ofhuman rights and the fundamental freedoms throughout the country in accordancewith national laws and international human rights standards.

Addresses

• Vlad Filat, Prime Minister of Republic ofMoldova, Chisinau, PiaţaMarii Adunări Naţionale 1, Tel. (+373 22) 250 101; for on-line petitions: http://www.gov.md/feedbacktxt.php?l=en&idc=439
• Zubco Valeriu, General Prosecutor, Republic of Moldova, Chisinau, str.Banulescu Bodoni26 ;

tel/fax.: (+37322) 212032; email: procuror@procuratura.md,for on-linepetitions: http://www.procuratura.md/md/exp2/

• Mihai Poalelungi, thePresident of the Supreme Court of Justice of Moldova, Republic of Moldova,Chisinau, str. Petru Rareş, nr. 18,e-mail: info@csj.md, Tel: (+373 22) 22 15 47; Fax: (+373 22) 22 52 27;

· Permanent Representations of Republic of Moldova, UNoffice in Geneva, Address 1209 Geneva, 28 Chemin duPetit Saconnex, Phone +4122 733-91-03, Fax +4122 733-91-04, E-mail: mission.moldova@ties.itu.int

Pleasealso write to the embassies of the Republic of Moldova in your respective country.

*******Geneva, 13 February 2012 Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

[1] The police stated that they had reportedly found apack of marijuana at Mr. Constantin Repesco’s flat during a police raidconducted on 11 August 2007 lateat night. Mr. Constantin Repesco’s has always denied that the drug was his.