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Urgent campaigns / Urgent Interventions / Moldova, Republic of / 2012 / February

Moldova, Republic of: Torture and ill-treatment suffered by Mr. Adrian Repescu and his brother Mr. Constantin Repesco in order to get a confession

MDA 130212

Allegations of torture and ill-treatment to extract a confession/ Denial of adequate medical care/ Lack of an effective investigation/ Unfair trial/ Fear for the safety

The International 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

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, about the alleged torture and ill-treatment suffered by Mr. Adrian Repescu, a 32-year-old former policeman, and his 24-year-old brother, Mr. Constantin Repesco, both from the village of Pirlita, in the district of Soroca, in the Republic of Moldova.

According to the information received, Mr. Adrian Repescu was arrested on 11 August 2007 in Chisinau by police in plain clothes, who did not identify themselves. He was taken out of his car without any explanation and knocked down on the asphalt. His hands were tied with his belt and he was pushed inside the 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. This latter had been arrested the same day in the flat that they had rented together at the time.

At the Botanica district police station, Messrs. Adrian Repescu and Constantin Repesco were taken to separate rooms and allegedly severely beaten all over their bodies by several policemen. They were also hanged from a steel bar fixed on two tables which caused them severe pain. Mr. Constantin Repesco was reportedly 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. The policemen also allegedly attached a heavy object to his genitals while beating him. He lost consciousness on several occasions. A police woman identified as Ms. Natalia Zinchevici then placed a criminal code on the head of Mr. Constantin Repesco and hit him with her fists saying that this way there would be no signs of violence on his body. She also hit his ears with her palms.

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

In September 2007, Messrs. Adrian Repescu and Constantin Repesco were transferred to pre-trial detention center (SIZO) n°13. Their family members were only allowed to visit them two months after their arrest, in October 2007. Adrian was only provided 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 summer 2008 (after he was released – see below), was diagnosed with a cranio-cerebral trauma, a syncope, anxio-neurotic syndrome and a suspicion of a skull base fracture.

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

After several complaints were lodged by the family before different national instances, the Prosecutor Office of Chisinau Municipality reportedly launched, in November 2010, an investigation in relation to the allegations of torture and ill-treatment suffered by Messrs. Adrian Repescu and Constantin Repesco and subsequently recognized beginning of 2011 both brothers as victim of torture. However, on 30 November 2011, the same Prosecutor’s office dismissed the case against the alleged police officers arguing that no torture or ill-treatment was used by the police on both brothers.

On 6 June 2011, Mr. Constantin Repesco (who had been earlier acquitted on 17 July 2008 by a court of first instance and 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 of Appeal of Chisinau, reportedly on the sole basis of the confession obtained under torture and ill-treatment. The two brothers appealed the decision and the case is, at the time of issuing the appeal, pending before the Supreme Court of Justice.

OMCT is gravely concerned about the physical and psychological integrity of Messrs. Adrian Repescu and Constantin Repesco. OMCT is also deeply concerned that their conviction is based on a confession obtained under torture and ill-treatment and that no effective, thorough, independent and impartial investigation into these allegations was carried out. OMCT recalls that the 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 on Civil and Political Rights (ICCPR), which both prohibit torture and other cruel, inhuman or degrading treatment. In line with their obligations under these treaties, it is incumbent on the authorities of the Republic of Moldova to consider seriously any allegations of torture and ill-treatment made by the victim, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard. Moreover, OMCT would like to recall article 15 of the Convention against Torture which stipulates that “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”.

Actions requested

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

i.                     Guarantee, in all circumstances, the physical and psychological integrity of Messrs. Adrian Repescu and Constantin Repesco;

ii.                   Grant Mr. Adrian Repescu full access to his lawyer and his family, as well as guarantee that he is promptly examined by independent doctors and receives adequate and free medical care, in accordance with, inter alia, the UN Standard Minimum Rules for the Treatment of Prisoners;

iii.                  Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of torture and ill-treatment to obtain a confession, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

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

v.                   Put an end 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 of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

  • 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
  • Zubco Valeriu, General Prosecutor, Republic of Moldova, Chisinau, str. Banulescu Bodoni26 ;

tel/fax.: (+37322) 212 032; email: procuror@procuratura.md, for on-line petitions: http://www.procuratura.md/md/exp2/

  • Mihai Poalelungi, the President 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, UN office in Geneva, Address 1209 Geneva, 28 Chemin du Petit Saconnex, Phone +4122 733-91-03, Fax +4122 733-91-04, E-mail:  mission.moldova@ties.itu.int  


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

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



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

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Date: February 13, 2012
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Moldova, Republic of

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