DREPTUL LA EXAMINARE MEDICALĂ ÎN PERIOADA REȚINERII CA GARANȚIE PRIVIND NEAPLICAREA TORTURII – ABORDARE TEORETICO-PRACTICĂ

Abstract

Summary The international human rights treaties provide several guarantees regar- ding the non-application of torture, including the person’s right to notify the fact of detention and place of his or her detention to a third party, the right to have access to a lawyer, the right to independent medical examination, the right to know his or her rights related to the procedural quality and the rules of the place of detention. The medical examination plays an important role within the procedural guarantees, because it prevents the application of torture by criminal prosecution body officer, and it determines the prompt identification of all cases of the application of torture while the person is in state custody. According to the international standards, the person must undergo a medical examination immediately after detention, after each entry, exit from the Police Inspectorate/ The Pre-trial Detention Inspec- torate, as well as before release from the Pre-trial Detention Inspectorate. In the practical implementation of this guarantee, there are certain deviations, related to the lack of qualified medical personnel in the Police Inspectorate, medical non-examination of the person after each entry, exit from Police Inspectorate/ The Pre-trial Detention Inspectorate, as well as the violation of the obligation to report the cases of torture by doctors, despite the effort to trans- pose into the national legislation of the Republic of Moldova the international standards in the field. The presence of these violations determines the necessity of the development of the complex mechanisms that would increase the efficiency of the practical implementation of guarantees regarding the non-application of torture in the domestic legal system.