STRUC v. THE REPUBLIC OF MOLDOVA - 40131/09 - HEJUD [2012] ECHR 2014 (04 December 2012)

STRUC v. THE REPUBLIC OF MOLDOVA - 40131/09 - HEJUD [2012] ECHR 2014 (04 December 2012)

The applicant was ill-treated in detention and the investigation was not prompt or effective, violating Article 3. No violation found regarding conditions of detention or length of proceedings. The applicant lacked an effective remedy for ill-treatment, violating Article 13.

Source-derived case information.

Citation
[2012] ECHR 2014
Parties
Applicant: Applicant; Respondent: Ministry of Finance; Respondent: Government of Moldova
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Partly allowed; violations found under Articles 3 and 13; no violation under Articles 3 (detention conditions) and 6; remainder inadmissible.
Legal Topics
Ill Treatment in Detention, Effective Investigation, Conditions of Detention, Right to Liberty, Right to Fair Trial, Effective Remedy
Human Rights Criminal Law Civil Procedure Ill Treatment in Detention Effective Investigation Conditions of Detention Right to Liberty Right to Fair Trial +1 more

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Parties

Applicant

Applicant

Ministry of Finance

Respondent

Government of Moldova

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

  1. 1 Whether the applicant was subjected to ill-treatment by police in breach of Article 3
  2. 2 Whether the investigation into the applicant's complaint of ill-treatment was effective
  3. 3 Whether the applicant's conditions of detention breached Article 3

Ratio Decidendi

The applicant was ill-treated in detention and the investigation was not prompt or effective, violating Article 3. No violation found regarding conditions of detention or length of proceedings. The applicant lacked an effective remedy for ill-treatment, violating Article 13.

Court Disposition

Partly allowed; violations found under Articles 3 and 13; no violation under Articles 3 (detention conditions) and 6; remainder inadmissible.

Orders

  • Respondent State to pay applicant EUR 8,000 for non-pecuniary damage.
  • Respondent State to pay applicant EUR 1,400 for costs and expenses.