GAVRILITA v. THE REPUBLIC OF MOLDOVA - 22741/06 - Chamber Judgment (French Text) [2014] ECHR 410 (22 April 2014)

GAVRILITA v. THE REPUBLIC OF MOLDOVA - 22741/06 - Chamber Judgment (French Text) [2014] ECHR 410 (22 April 2014)

The Court found that both applicants were subjected to torture or inhuman or degrading treatment by police in violation of Article 3, and that the second applicant was detained without legal basis in violation of Article 5 § 1. The compensation awarded by domestic courts was inadequate, so the applicants retained...

Source-derived case information.

Citation
[2014] ECHR 410
Parties
Applicant: Vasile Gavriliță; Applicant: Victor Gavriliță; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Application allowed in part; violations found; further just satisfaction awarded.
Legal Topics
Torture and Inhuman or Degrading Treatment, Right to Liberty and Security, Effective Investigation, Detention Without Legal Basis
Human Rights Law Criminal Law Torture and Inhuman or Degrading Treatment Right to Liberty and Security Effective Investigation Detention Without Legal Basis

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Parties

Vasile Gavriliță

Applicant

Victor Gavriliță

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the applicants were subjected to torture or inhuman or degrading treatment in violation of Article 3 of the Convention
  2. 2 Whether the second applicant was detained without legal basis in violation of Article 5 § 1 of the Convention
  3. 3 Whether the applicants lost their victim status due to domestic remedies and compensation

Ratio Decidendi

The Court found that both applicants were subjected to torture or inhuman or degrading treatment by police in violation of Article 3, and that the second applicant was detained without legal basis in violation of Article 5 § 1. The compensation awarded by domestic courts was inadequate, so the applicants retained victim status. The Court awarded further just satisfaction for non-pecuniary damage and costs.

Court Disposition

Application allowed in part; violations found; further just satisfaction awarded.

Orders

  • State to pay 9,000 EUR to the first applicant for non-pecuniary damage.
  • State to pay 10,000 EUR to the second applicant for non-pecuniary damage.