Moldova

Detains migrants or asylum seekers?

Yes

Has laws regulating migration-related detention?

Yes

Reported Population (Single Day)

13

2023

Refugees

106,945

2023

Asylum Applications

1,795

2023

International Migrants

104,438

2020

Overview

(March 2021) Moldova operates a Centre for Temporary Detention of Foreigners in Chișinău. The facility, open since 2009, received funding from the the European Union and Finland. The facility has been the focus of criticism, in particular for its role in detaining foreigners for political reasons. In a 2018 case involving the detention of Turkish nationals, the European Court of Human Rights found that Moldova detained the individuals in a way that "amounted to an extra-legal transfer of persons from the territory of the respondent State to Turkey which circumvented all guarantees offered to them by domestic and international law."

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

26 October 2020 – Moldova

Early during the first wave of the COVID-19 pandemic, the Moldovan Parliament declared a 60-day state of emergency (17 March – 15 May 2020) after 29 cases of COVID-19 were registered. While most of the restrictions were gradually dropped, the country nevertheless began to see increases in infections, which began to spike at the end […]

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A Guard Standing in Front of the Chișinău Centre for Eastern Border Migrants, (EU/ENPI,
Last updated: September 2021

Moldova operates a Centre for Temporary Detention of Foreigners in Chișinău. The facility, open since 2009, received funding from the the European Union and Finland. The facility has been the focus of criticism, in particular for its role in detaining foreigners for political reasons. In a 2018 case involving the detention of Turkish nationals, the European Court of Human Rights found that Moldova detained the individuals in a way that "amounted to an extra-legal transfer of persons from the territory of the respondent State to Turkey which circumvented all guarantees offered to them by domestic and international law."

 

See: 

European Court of Human Rights (2019), Case of Ozdil and others v. the Republic of Moldova," http://hudoc.echr.coe.int/eng?i=001-193614

Transnational Institute, "OUTSOURCING OPPRESSION: How Europe externalises migrant detention beyond its shores," 2021, https://www.tni.org/files/publication-downloads/outsourcingoppression-report-tni.pdf

European Commission, "REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Fifth Report on the implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation," 2013, https://eur-lex.europa.eu/legal-content/ET/TXT/?uri=CELEX%3A52013DC0807

DETENTION STATISTICS

Total Migration Detainees (Entries + Remaining from previous year)
Not Available
2019
Reported Detainee Population (Day)
13 (2) April 2023
2023
7 (15) September 2022
2022

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
7,762
2017
Percentage of Foreign Prisoners (Year)
1.1
2015
Prison Population Rate (per 100,000 of National Population)
219
2017

POPULATION DATA

Population (Year)
3,400,000
2023
4,000,000
2020
International Migrants (Year)
104,438
2020
104,713
2019
International Migrants as Percentage of Population (Year)
2.59
2020
Refugees (Year)
106,945
2023
349
2021
431
2020
417
2019
418
2018
401
2017
394
2016
446
2015
335
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
0.11
2016
Asylum Applications (Year)
1,795
2023
162
2019
115
2016
Stateless Persons (Year)
3,307
2023
4,451
2018
4,569
2017
4,776
2016

SOCIO-ECONOMIC DATA & POLLS

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Yes
2023
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2023
Bilateral/Multilateral Readmission Agreements
Georgia (2016)
2017
Ukraine (1998)
2017
Russian Federation (2011)
2017
Serbia (2011)
2017
Albania (2013)
2017
Switzerland (2011)
2017
Switzerland (2004)
2017
Romania (2002)
2017
Norway (2006)
2017
Malta (2011)
2017
Lithuania (2011)
2017
Lithuania (2004)
2017
Italy (2004)
2017
Estonia (2010)
2017
Denmark (2011)
2017
Czech Republic (2012)
2017
Czech Republic (2004)
2017
EU (2008)
2017
Legal Tradition(s)
Civil law
2017

GROUNDS FOR DETENTION

LENGTH OF DETENTION

DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

COSTS & OUTSOURCING

COVID-19 DATA

TRANSPARENCY

MONITORING

Types of Authorised Detention Monitoring Institutions
The Centre for Human Rights of Moldova (Avocatul Poporului) (National Human Rights Institution (or Ombudsperson) (NHRI))
2016
The Centre for Human Rights of Moldova (Avocatul Poporului) (OPCAT National Preventive Mechanism (NPM))
2014

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
CRSSP, Convention Relating to the Status of Stateless Persons
2012
2012
CRPD, Convention on the Rights of Persons with Disabilities
2010
2010
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2006
2006
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2005
2005
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2005
2005
CRSR, Geneva Convention Relating to the Status of Refugees
2002
2002
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
2002
2002
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1995
1995
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1994
1994
ICCPR, International Covenant on Civil and Political Rights
1993
1993
ICESCR, International Covenant on Economic, Social and Cultural Rights
1993
1993
CRC, Convention on the Rights of the Child
1993
1993
VCCR, Vienna Convention on Consular Relations
1993
1993
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1993
1993
Ratio of relevant international treaties ratified
Ratio: 14/19
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee against Torture § 28. The State party should facilitate rapid and equitable access to an individualized refugee status determination procedure; promptly provide information on the right to seek asylum; refrain from detaining asylum seekers; detain undocumented migrants only as a measure of last resort and for as short a time as possible, including by using alternatives to detention; and ensure full respect for the principle of non-refoulement. 2017
2017
Committee on the Rights of the Child § 37. "The Committee recommends that the State party ensure that no migrant children are detained because of their migration status or that of their parents, and afford children migrants their rights under the Convention, including access to education, health care and social protection... 48. The Committee recommends that the State party, in order to further strengthen the fulfilment of children’s rights, ratify the core human rights instruments to which it is not yet a party, namely, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the International Convention for the Protection of All Persons from Enforced Disappearance." 2017
2017

> UN Special Procedures

> UN Universal Periodic Review

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
No 2016
2017
No 2011
2017

> Global Compact for Migration (GCM)

> Global Compact on Refugees (GCR)

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
CPCSE, Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2012
2012
2017
CATHB, Convention on Action against Trafficking in Human Beings 2006
2006
2017
ECHRP1, Protocol 1 to the European Convention on Human Rights (amended by protocol 11) 1997
1997
2017
ECHRP7, Protocol 7 to the European Convention on Human Rights (amended by protocol 11) 1997
1997
2017
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment 1997
1997
2017
ECHR, Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights 1997
1997
2017

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19

Country Updates
Early during the first wave of the COVID-19 pandemic, the Moldovan Parliament declared a 60-day state of emergency (17 March - 15 May 2020) after 29 cases of COVID-19 were registered. While most of the restrictions were gradually dropped, the country nevertheless began to see increases in infections, which began to spike at the end of September 2020. As of 26 October, Moldova had registered 71,503 cases as well as 1,685 COVID-related deaths. In response to the onset of the second wave, President Igor Dodon said that the country would cope without implementing a new set of restrictive measures like closing schools. The GDP has been unable to establish the extent to which detention facilities are currently used in Moldova as part of immigration enforcement procedures or obtain details on COVID-19 related measures taken to safeguard people in immigration custody. However, in April 2020, UNHCR reported that it had held more than 600 counselling sessions with asylum seekers, refugees, stateless persons and applicants for stateless status. Subsequently, UNHCR conducted an assessment of the impact of the pandemic on persons of concern. The assessment focused on asylum seekers accommodated in the Temporary Accommodation Centre (TAC), a temporary shelter for asylum seekers and vulnerable refugees, as well as refugees and stateless persons residing in different regions of the country. According to UNHCR’s COVID-impact report, as of 1 July, Moldova was hosting 431 refugees. The main countries of origin were Turkey, Bangladesh, Armenia, Azerbaijan, and the Syrian Arab Republic. In addition, as of 30 June, 24 out of 80 registered asylum seekers in the country resided in the TAC, and in the first half of 2020, 43 new asylum seekers were registered with the Bureau for Migration and Asylum in Moldova. Furthermore, as of 1 June, Moldova hosted 1,899 stateless persons, of whom 44 percent were of Russian origin, 29 percent Ukrainian, 15 percent Moldovan, and 12 percent of other origins. As regards the country’s prisons, on 12 March, the Ministry of Justice announced the suspension of visits in prisons, as well as the compulsory wearing of a mask by staff. In addition, on the same day, the Ministry of Justice announced that a special regime would be put in place in prisons to avoid the spread of the virus. The plan includes, inter alia, the drafting of daily medical reports and turning available spaces (gym, classroom, etc.) into isolation rooms. On 9 June, the European Council donated protective material to the Moldovan prison administration to provide support to detainees and prison staff.
Did the country release immigration detainees as a result of the pandemic?
Unknown
2021
Did the country use legal "alternatives to detention" as part of pandemic detention releases?
Unknown
2021
Did the country Temporarily Cease or Restrict Issuing Detention Orders?
Unknown
2021
Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
Unknown (Unknown) Unknown Unknown Unknown
2021
Did the Country Lock-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Unknown
2021
Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2021
Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
Unknown
2021
Did the Country Release People from Criminal Prisons During the Pandemic?
Unknown
2021
Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2021
Did the Country Restrict Access to Asylum Procedures?
Unknown
2021
Did the Country Commence a National Vaccination Campaign?
Yes
2021
Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
Unknown (Included) Unknown Included Included
2021