Bij brief van 21 juli 2016 heeft gedaagde de Moldavische autoriteiten gevraagd om een reactie op de volgende punten:
“(…)
1.
Extradition detention: can the Moldovan authorities guarantee that the mr. [eiser]’s will be detained according to at least the minimum standards set out in the CPT basic minimum standard for personal living space in prison establishments?
2.
Article 3 ECHR: can the Moldovan authorities guarantee that the safety of the requested person, is sufficiently secured, regardless from whether he will be detained in prison facility number 13 in Chisinau or any other prison facility? The court has doubts about this after having read the country report on Human Rights 2014 practices in Moldova from the United States department of State.
3.
In light of this I assume that Moldova will not oppose in case a representative of the Netherlands would bring (unattended) visits to the prison facility where the requested person will be placed, in case the Netherlands deems this necessary.
(…)”
Bij brief van 16 december 2016 (nr. 06/23805) hebben de Moldavische autoriteiten als volgt gereageerd:
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As regards the penitentiary institution/unit where[eiser]will be held during the trial and if convicted, please be informed that his detention will be carried out according to the provisions of the domestic law of the Republic of Moldova (article 196 of the Execution Code and paras. 6-7 of the named Statute).
As for the detention conditions in the penitentiary institutions of the Republic of Moldova, the Ministry of Justice guarantees you that the convicted persons are provided on a general basis, with the minimum necessary for living (bed sheets, hygienic products of first necessity), as well as with hot food three times a day, free of charge (in compliance with the standards established by Government Decision No. 609 of May 29, 2006, and the Regulation on the food supply for convicted persons in penitentiaries, approved by the Order of the Minister of Justice of the Republic of Moldova nr. 512 of December 26, 2007,
Therefore, pursuant to para. 464 of the named Statute, each convicted person shall be ensured with accommodation at least 4 square meters, which should be natural and artificial lightened, heated and ventilated according to the building regulations.
In terms of maintaining proper sanitary and hygienic conditions in the penitentiary institutions of the country, the Ministry of Justice submits to you that this is a subject matter to which is paid a high attention, penitentiary institutions being taken care of and disinfected each year by specialized services.
The Execution Code and the Statute on execution of criminal sentences by convicted persons are the main legal instruments that regulate the rights of such persons. Thus, in accordance with para. 87 of the mentioned Statute, a convicted person is entitled to decent and courteous treatment from the administration of the penitentiary, has the right to personal security, to be provided free of charge with health care and drugs, to submit requests and complaints to the prison administration, as well as to hierarchically superior bodies, courts, prosecutors office, central public authorities and local public administration, public associations and international organizations protecting human rights.
At the same time, according to art. 169 para (1) let. (d) of the Execution Code, a convicted persons is entitled to legal assistance under contract from lawyers, as well as other persons authorized to provide such assistance. In this respect, please note that according to art. 213 para. (5) of the Execution Code, the frequency of meetings with the lawyer, with the persons entitled to provide legal assistance, with the mediator or with other person prescribed by law is unlimited.
As regards the diplomatic and consular assistance, it is regulated both by art. 214 of the Execution Code and by paras. 633-635 of the above-mentioned Statute, and according to which the prison administration must cooperate with foreign diplomatic and consular missions in Moldova allowing them to provide their assistance to foreign nationals
convicted and detained in Moldova.
Having regard to the foregoing, and keeping in mind that the Republic of Moldova is a state party to the ECHR committed to respect the values enshrined therein, the Ministry of Justice pledges that the detention conditions to be provided to[eiser]will not infringe the provisions of art. 3 of the European Convention.
Furthermore, the Ministry of Justice emphasizes that the Republic of Moldova will not oppose in case a representative of the Kingdom of Netherlands would bring visits to the prison facility where[eiser]will be placed.
(…)”