During a workshop on December 26, 2016, the Promo-LEX Association presented the preliminary conclusions of a report evaluating legal practices in cases that involve GHRI. The report was based on an in-depth analysis of legal practices in 2015, including an examination of the misdemeanors in articles 85-87 of the Misdemeanor Code and the crimes in article 217 of the Penal Code.
The analysis demonstrated many gaps in existing legal practices and current regulations. Some of the most important conclusions were: a) problematic regulatory provisions regarding quantifying narcotic substances using the categories large and small, which leads to the penal criminalization of the possession and consumption of narcotic substances, even in small quantities; b) the minimal quality of legal assistance; c) assigning the majority of the responsibility to drug consumers and less to combating trafficking; d) relatively mild sanctions after massive admissions of guilt; e) the lack of rehabilitation and treatment measures; etc.
The event was organized in partnership with the KAP (Key Affected Population) Committee, with the participation of representatives of member organizations of the Committee to Provide Services to GHRI (Groups at a High Risk of Infection) and IDU (Injectable Drug Users) and a group of lawyers. The lawyers have benefited from training under the project “Promoting Respect for the Rights of Groups at a High Risk of Infection in the RM,” implemented by the Promo-LEX Association with the support of the Public Health Program of the Soros Foundation Moldova.
To this end, after the presentation of the preliminary results of the Report, the attendees of the workshop identified the need for KAP member organizations to provide qualified legal assistance to GHRI and IDU, and potential ways for networks of lawyers trained in defending the rights of GHRI and IDU to collaborate with nongovernmental organizations that specialize in providing relevant services.
The most frequent situations involving the infringement of the rights of IDU and GHRI were discussed, including: denial of quality medical treatment, the refusal of treatment, discrimination, illegal detention and arrest, detention in poor conditions, detention without access to qualified medical assistance, etc.