FILAT v. THE REPUBLIC OF MOLDOVA - 72114/17 (Judgment : Article 6 - Right to a fair trial : Second Section Committee) French Text [2023] ECHR 95 (31 January 2023)

FILAT v. THE REPUBLIC OF MOLDOVA - 72114/17 (Judgment : Article 6 - Right to a fair trial : Second Section Committee) French Text [2023] ECHR 95 (31 January 2023)

The exclusion of the public from the entirety of the applicant's criminal trial was not shown to be strictly necessary; the domestic courts failed to provide specific reasons or consider less restrictive measures, resulting in a violation of Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2023] ECHR 95
Parties
Applicant: Vladimir Filat; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Written Procedure
Outcome
Violation of Article 6 § 1 ECHR; just satisfaction awarded
Legal Topics
Right to a Fair Trial, Publicity of Proceedings, Examination of Witnesses
Human Rights Law Criminal Law Right to a Fair Trial Publicity of Proceedings Examination of Witnesses

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Vladimir Filat

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Full Written Procedure

  1. 1 Whether the lack of public hearings in the applicant's criminal trial violated Article 6 § 1 of the Convention
  2. 2 Whether the authorities failed to ensure the attendance of defence witnesses in violation of Article 6 §§ 1 and 3(d)

Ratio Decidendi

The exclusion of the public from the entirety of the applicant's criminal trial was not shown to be strictly necessary; the domestic courts failed to provide specific reasons or consider less restrictive measures, resulting in a violation of Article 6 § 1 of the Convention.

Court Disposition

Violation of Article 6 § 1 ECHR; just satisfaction awarded

Orders

  • The respondent State must pay the applicant 7,500 EUR for non-pecuniary damage within three months, plus any tax chargeable.
  • From the expiry of the three-month period until settlement, simple interest at the marginal lending rate of the European Central Bank plus three percentage points is to be paid.