The European Court of Human Rights (ECHR) communicated the cause of a woman who had been maltreated by the police to the Government of the Republic of Moldova. The Government is to respond to the Court’s questions concerning the maltreatment and also about the conducted investigation. The plaintiff is represented at the High Court by lawyers of Promo-LEX Association.
In a press release, the Association says the complaint refers to the excessive use of force by police employees and to the failure to efficiently investigate the accusations of ill-treatment. In her application to the Court, the woman complained about the violation of Article 3 of the Convention, which prohibits torture, both from material and procedural viewpoints, IPN reports.
While in a cafe, the woman refused to go to the local police station together with three police officers who summoned her. As a result, these used force to handcuff her and took her to the police station. When being detained, the woman was hit in the head and lost consciousness. The medical conclusions showed she suffered a head injury. One of the police officers confessed that the woman complained about chest and nape pain immediately after the arrest.
The woman’s complaint about ill-treatment on the part of police officers was rejected for three times by the Prosecutor’s Office and every time the court or a senior prosecutor annulled the decision. As a result, the case was described as abuse of office and was treated as a contravention. In six years, the proceedings were dropped due to the absence of the elements of a contravention.
According to Promo-LEX lawyer Pavel Cazacu, the communication of the case to the Government by the ECHR confirms two old problems of the criminal justice system, namely the excessive use of force during the arrest and while in police custody and defective investigation of the use of excessive force.
