STOMATII v. THE REPUBLIC OF MOLDOVA AND RUSSIA - 69528/10 (Judgment : No Article 2 - Right to life : Second Section) French Text [2018] ECHR 726 (18 September 2018)

STOMATII v. THE REPUBLIC OF MOLDOVA AND RUSSIA - 69528/10 (Judgment : No Article 2 - Right to life : Second Section) French Text [2018] ECHR 726 (18 September 2018)

The Russian Federation, exercising effective control over Transnistria, failed to provide a satisfactory and convincing explanation for the death of Alexandre Stomatii and did not conduct an adequate investigation, violating both the procedural and substantive limbs of Article 2. Moldova fulfilled its positive...

Source-derived case information.

Citation
[2018] ECHR 726
Parties
Applicant: Svetlana Stomatii; Respondent: Republic of Moldova; Respondent: Russian Federation
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Violation of Article 2 (procedural and substantive) by Russia; No violation by Moldova
Legal Topics
Right to Life, Jurisdiction, Military Service, Effective Investigation, State Responsibility
Human Rights Law International Law Right to Life Jurisdiction Military Service Effective Investigation State Responsibility

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Parties

Svetlana Stomatii

Applicant

Republic of Moldova

Respondent

Russian Federation

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

  1. 1 Whether the death of Alexandre Stomatii during compulsory military service violated Article 2 of the European Convention on Human Rights
  2. 2 Whether the investigation into his death was effective and independent
  3. 3 Whether Moldova and Russia are responsible under Article 2

Ratio Decidendi

The Russian Federation, exercising effective control over Transnistria, failed to provide a satisfactory and convincing explanation for the death of Alexandre Stomatii and did not conduct an adequate investigation, violating both the procedural and substantive limbs of Article 2. Moldova fulfilled its positive obligations and is not responsible for a violation.

Court Disposition

Violation of Article 2 (procedural and substantive) by Russia; No violation by Moldova

Orders

  • Russia to pay applicant 50,000 EUR for moral damages
  • Russia to pay applicant 3,000 EUR for costs and expenses