Moldova

According to the reply of the Ombudsman to the Questionnaire about EBCO’s Annual Report 2022 (e-mail on 08/02/2023):

“The Ombudsman highlights two problems from the year 2022 arising within the People's Advocate Office.

The first issue concerns the forced incorporation into the armed forces of people from the Transnistrian region (unrecognized separatist territory, part of the Republic of Moldova) whose conscience prevents them from taking part in military activities.

In fact, following the amendments of December 30, 2019, in the "Law of the Transnistrian unrecognized region regarding alternative civil service," priority is given to incorporation into alternative civil service within the armed forces units. Thus, persons who refuse armed service for religious reasons are incorporated into the civil service within the military units in the Transnistrian region. This fact goes against the religious beliefs of some denominations.

Thus, people who care for religious reasons have passed the training in civil protection training and the voluntary sanitary training of the Red Cross on the right side of the Dniester and are exempt according to art. 32 paragraph (1) point b) of the Law no. 1245 /20022 from the military service within the term, upon returning with permanent living in the Transnistrian region, they are forcibly conscripted into the "Transnistrian armed forces."

Therefore, if the person for religious confessional reasons requests to perform alternative civilian service in civil institutions/organizations or refuses to perform alternative service as civilian personnel in military formations for confessional reasons, he risks being convicted according to the Transnistrian "criminal code."

Another case registered within the People's Advocate Office that requires increased attention is the Baranov case. The Ombudsman registered the request submitted by Mr. Vitalii Baranov (the father) in the interests of his son Maxim Baranov regarding the violation of the right to perform civil service instead of military service within the term, manifested by his incorporation under the conditions that he was a member of a militant religious community for peace. The Law allowed him to perform (alternative) civil service.

In this case, the People's Advocate sent a request based on art.23. para. 1 of Law 52/2014 to the Ministry of Defense for organizing the control of all the circumstances in order to be elucidated. Following the intervention of the People's Advocate, the responsible authorities suspended the decision of the recruitment-incorporation commission of the municipality of Chisinau regarding the incorporation of the recruit into military service. They released him from military service within the deadline.

We want to mention that in 2022, 325 citizens were incorporated into the civil service for pacifist reasons and 111 for religious reasons.”