Analiza hotărârii CtEDO Cosovan C. Republicii Moldova: probleme sistemice, constatări recomandări

Abstract

In the decision Cosovan vs. Republic Of Moldova application no. 13472/18 of 20 March 2018 decision of 22 March 2022, final of 22 June 2022 the High Court analyzed several systemic problems affecting the quality of medical care in the penitentiary system such as: non-accreditation of medical departments and Penitentiary hospital,non-accordance of the treatment prescribed by the doctor, lack of independence ofdoctors working in the penitentiary system, lack of a mechanism for releasing seriously ill reventives and ineffectiveness of the mechanism for releasing seriouslyill prisoners. In this study, we aim to analyze the factual circumstances found by the court, to examine regional standards in the field of quality of medical care provided to persons in state custody, the positive and negative obligations of the uthorities,arising from art. 2, 3, 5 of the Convention, as well as the formulation of recommendations for improving the quality of medical care in the penitentiary system.