On April 24, 2018, when the preventive measure in respect of Serghei Cosovan was modified from pre-trial detention to that of house arrest, he was subsequently detained by the Police Department of Chisinau Municipality, who awaited him at the exit from Penitentiary Hospital no. 16. The detention record, dated April 25, 2018 (although he was detained on April 24), mentions that he is suspected of committing the offense foreseen by art. 190 par. 2, deeds for which he is already investigated.
Moreover, the Center District Court of Chisinau found that the risks, alleged by the prosecutor to request the application of pre-trial detention, have not been confirmed. In addition to that, the court found that Serghei Cosovan is seriously ill and there is a risk of his imminent death. The judge mentioned that a person in pre-trial detention is to be immediately released, if it is found that the person is suffering from an illness included in the Order of the Ministry of Justice no. 331 of September 6, 2006 on the approval of the Regulation on the exempt of seriously ill convicts from punishment.
In spite of these findings, the General Directorate for Criminal Investigation, by instructions of the Prosecutor’s Office, proceeded to the detention of Cosovan right in the immediate vicinity of Penitentiary no. 16, thus, completely ignoring the findings of the investigating judge. Therefore, these actions are to be described as abusive, applied in order to cause psychic and physical sufferings to Cosovan. In other words, the Association considers these actions are to be qualified as torture and inhuman treatment. Moreover, on April 25, 2018, Serghei Cosovan was not rendered the necessary medical assistance and was kept hungry all the day, which for a person with this medical diagnosis, is a form of torture.
Moreover, on April 25, 2018, due to his significantly aggravated health, an ambulance was called, which rendered him first medical aid. When Promo-LEX notified the Torture Combatting Department of the Prosecutor’s General Office of the ill-treatment applied to Serghei Cosovan, he was transported to the Toma Ciorba Hospital of Infectious Diseases.
Despite the fact that Serghei Cosovan has passed through several public medical institutions, health officials not only refused to hospitalize him, but also did not provide any clear information about his location. At about 9:00 p.m., attending the Provisional Detention Isolator, his wife found out that he was in the isolator.
Promo-LEX Association has urgently informed the Torture Combatting Department of the Prosecutor’s General Office, the Anti-Corruption Prosecutor’s Office of Chisinau, the EU Delegation to Moldova, the UN Resident Coordinator in Moldova the US Embassy in Moldova and the People’s Advocate Office of this case and requested to intervene within their functional competencies to prevent, document and to apply sanctions for such a conduct of the persons, who have applied the abusive detention.
Recently, Promo-LEX held a press conference on the ECHR’s acquaintance and urgent examination of the Cosovan v. Moldova case and pointed out that the excessive and unjustified use of pre-trial detention, as well as the issue of insufficient provision of medical assistance in prisons, endangers human lives.
For further information, please contact:
Axenia Chirilov, Communications Officer of Promo-LEX Association;
GSM: 060 16 83 14;
E-mail: [email protected]