Ensuring the right to information with regard to persons sentenced to imprisonment

URL: https://dspace.academy.police.md/ensuring-the-right-to-information-with-regard-to-persons-sentenced-to-imprisonment/

Data: 2026

In this article, the authors undertake a comprehensive analysis of the detainee’s right to information, highlighting the international and national legal framework, the doctrinal correlations, and the directions for improving the mechanisms that guarantee this right. The study demonstrates that the detainee’s right to information is a fundamental right, constitutionally guaranteed and further detailed through the penitentiary enforcement legislation of the Republic of Moldova. This right cannot be suppressed solely due to the deprivation of liberty but may only be limited in a proportional and justified manner. At the same time, the main issue regarding its effective realization lies in the deficient implementation of the existing regulations. The principal problems are related to the lack of access to legal information, the formalism of procedures, and disproportionate restrictions. The conclusions emphasize that the free exercise of the right to information by each participant in social relations within the penitentiary enforcement sphere, primarily by convicted persons, represents a fundamental condition for the effectiveness of public oversight, as it provides the possibility to obtain the necessary information and to exert influence on state authorities. At the same time, it is important to take into account that persons held in places of detention have a limited scope of rights and freedoms, including with regard to informational rights, as this is necessary for ensuring the detention regime and for achieving the objectives of criminal punishment.