Foreigners to be protected through law from abusive expulsion in Moldova

Chisinau, 22 December /MOLDPRES/ - The government, at a today’s meeting, approved a draft on amendment of the Law No 200 from 2010 on the regime of foreigners in Moldova. The document was worked out following a decision adopted by the Constitutional Court (CCM) in 2020, which found out that some provisions of the Law on the regime of foreigners are unconstitutional and infringe the human rights, the government’s communication and protocol department has reported.     

Thus, under the law’s stipulations, a foreigner was able to be declared undesirable without mentioning the reasons for this decision. Also, the foreigner was able to be expelled, even if there were justified fears that his/her life was endangered or that he/she would be subjected to torture, inhuman or degrading treatments. The existence of these provisions allowed, in September 2018, the expulsion of Turkish teachers and thus all guarantees provided to them by the national and international law were infringed.       

The amendment proposed by the cabinet today will oblige the public authorities to compile a summary resume, due to show the reasons for which a foreigner is declared undesirable, as well as to inform the person about the reasons which stayed at the basis of this decision. Thus, the right to present the point of view of the person and combat the authorities’ arguments will be ensured, just as the Convention for the Protection of Human Rights and Fundamental Freedoms stipulates.     

At the same time, the new law will see ruling out the possibility for the sending away or expulsion of a foreigner, if there are justified fears that his/her life is endangered or that he/she might be subjected to torture, inhuman or degrading treatments in the state to which he/she is to be expelled.     

Through the amendments suggested, Moldova is set to ensure the guaranteeing of the rights of the foreign citizens and the observance of the provisions of the European Convention on Human Rights.     

Photo: Government