BESLIU v. THE REPUBLIC OF MOLDOVA - 28178/10 - Committee Judgment (French Text) [2013] ECHR 663 (09 July 2013)

BESLIU v. THE REPUBLIC OF MOLDOVA - 28178/10 - Committee Judgment (French Text) [2013] ECHR 663 (09 July 2013)

The annulment of the applicant's final judgment constituted an abuse of the revision procedure, amounting to a disguised appeal, and was incompatible with the principle of legal certainty under Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2013] ECHR 663
Parties
Applicant: Svetlana Beșliu; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 6 § 1 found; other complaints rejected for non-exhaustion of domestic remedies.
Legal Topics
Right to Fair Trial, Security of Legal Relations, Revision of Final Judgments, Excessive Duration of Proceedings
Human Rights Criminal Procedure Right to Fair Trial Security of Legal Relations Revision of Final Judgments Excessive Duration of Proceedings

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Parties

Svetlana Beșliu

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the annulment of a final judgment in favour of the applicant violated Article 6 § 1 of the Convention
  2. 2 Whether the excessive duration of criminal proceedings violated Articles 6 and 13

Ratio Decidendi

The annulment of the applicant's final judgment constituted an abuse of the revision procedure, amounting to a disguised appeal, and was incompatible with the principle of legal certainty under Article 6 § 1 of the Convention.

Court Disposition

Violation of Article 6 § 1 found; other complaints rejected for non-exhaustion of domestic remedies.

Orders

  • State must pay applicant 2,000 EUR for non-pecuniary damage.
  • State must pay applicant 1,787.50 EUR for costs and expenses.