OPEN LETTER
on the decision of the first court in the case of rapes at the Balti Psycho-neurological Boarding House
October 26, 2016
We, the undersigned of the present declaration, particularly the organizations and the persons acting in the field of women’s rights protection, express our indignation towards the inefficient actions of the state authorities in the case of rapes at the Psycho-neurological Boarding House in Balti. We condemn the fact that, although found guilty, Stanislav Florea was allowed to leave the court room, without changing his preventive measure through custody. At the same time, the right of victims to compensation for physical and psychologic damages by means of intimidation and humiliation which they have been submitted to for years was not respected.
The fact that the rapist Stanislav Florea was not taken into custody 15 days before the sentence comes into force is a risk, since there are solid reasons to believe that he will influence the victims and could escape from the country, getting away from the execution of his punishment.
We address the competent authorities, to take all urgent actions required as follows:
1. The Ministry of Internal Affairs – immediately localize and take into custody the person condemned for rapes. Inform the Border Police about his obligation to not leave the country and immediately inform the General Prosecutor’s Office about any attempt of the rapist to escape abroad.
2. The General Prosecutor’s Office – immediately file an appeal against the mild sentence, file a request for taking into custody the citizen Stanislav Florea, found guilty of rape and condemned to 13 years of prison with execution, and not allow persecution, intimidation or revictimization of the 16 beneficiaries of the Balti Psycho-neurological Boarding House by current and former employees;
3. The Superior Council of Prosecutors and the Anticorruption Prosecutor’s Office – investigate and sanction the prosecutors who made a wrong qualification of the criminal actions of the rapist Stanislav Florea, which caused termination of criminal cases of four raped women, and who delayed and instrumented the cases of the 16 victims, as well as other victims from the Internet, because they didn’t take the necessary criminal processual action indicated for similar situations. Specifically, these inactions led to setting the offender free from custody, while the victims say that they are afraid for their lives as long as the rapist is free;
4. The Ministry of Labor, Social Protection and Family –ensure the access of victims to quality rehabilitation, counselling and social services on medium and long term;
5. The Ministry of Health – monitor the situation in the Psycho-neurological Boarding House in Balti and in other similar institutions, in order to avoid such situations in future and take prevention measures in case of such abuse;
6. The Superior Council of Magistracy – sanction the judges who issued an obviously illegal decision by refusing moral prejudice to victims and by delaying the execution of punishment by 15 days; monitor and sanction the judges who delay the cases, like in this particular situation, when the victims were obliged to live in the same locality with the rapist for three years;
7. The Ministry of Justice – create an institution of judiciary police to ensure finalization of cases, an initiative that was announced several times, in order to avoid similar situations in future;
8. The competent authorities – investigate multiple and numerous acts of torture and bad treatment, specifically numerous cases of forced abortions that happened to victims of rape and patients of the Boarding House, as well as investigate ex-officio the delays of this case.
9. The competent authorities – develop a legal framework and a mechanism for reporting cases of abuse in institutions.
We believe that the lack of reaction in this concrete situation, as well as superficial investigation of the case, delay of the decision and allowing the rapist escape from custody will lead to dangerous precedents.
Signatures:
Group of Feminist Initiatives in Moldova
Resource Center for Human Rights, CReDO
International Center “La Strada”
Civic Association “Hyde Park”
Information Center GENDERDOC-M
C.O. Women’s Law Center
National Center for Child Abuse Prevention (CNPAC)
Rehabilitation Center for Torture Victims “Memoria”
Association Against Violence “Casa Marioarei”
“Promo-LEX” Association
C.O. “Gender – Centru”
"Stimul" Association
RCTV Memoria
Center for family crisis “Sotis”, Balti
NGO “Honor and Rights of a Modern Woman”, Balti
Maternal Center, Cahul
Maternal Center, Causeni
NGO “Moldova Stimul”, Ocnita
Victoria Apostol, Civic activist
Violeta Gașițoi, Lawyer
Alina Andronache, Civic activist
Ana Gurău, Civic activist
Viorica Tătaru, Civic activist
Anastasia Cucuruz, Civic activist
Ghenadie Brega, Civic activist
Natalia Andreev, Civic activist
Vitalie Sprînceană, Platzforma
Vlada Ciobanu, Civic activist, Blogger
Polina Ceastuhina, Civic activist
Oleg Brega, Civic activist
Diana Guja, Civic activist, Blogger
Natalia Scobioala, Civic activist
Artiom Zavadovschi, Activist promoting LGBT rights
Marin Basarab, Journalist
The list is open for the organizations and persons who also want to sign