ECHR fines Moldovan Government again for violations of fundamental human rights and freedoms

On Tuesday, March 27, the European Court of Human Rights (ECHR) pronounced its judgment in the case of Istratii and Others v. Moldova, obliging the Government to pay the applicants about EUR 19,000 (over MDL 315,000). On 25 October 2004 the Ministry of Internal Affairs opened a criminal investigation into fraud – involving Viorel Istratii, Alexandru Burcovschi and Roman Lutcan – in connection with the purchase of plots of land in Chisinau, which had allegedly cost the State approximately EUR 15,000. On 12 November 2004 Buiucani District Court issued warrants for the applicants’ pre-trial detention for 10 days on the grounds, in particular, that the applicants were suspected of having committed a serious offence and that there was a risk of them absconding, re-offending or obstructing the criminal investigation. The applicants were held in the remand centre of the Chisinau Centre for Fighting Economic Crime and Corruption (CFECC). While he was being held in the CFECC detention centre, Istratii had an acute attack of paraproctitis and later was operated. The applicants have also claimed they could only meet their lawyers from behind a glass partition. On 23 February 2005 all three applicants were transferred to the remand centre of the Ministry of Justice in Chisinau where they complained of overcrowding, poor ventilation, poor heating, lack of medicine, food and bedding. They were finally released on 29 April 2005. ECHR found that Moldovan Government had violated Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, and Article 5 (right to liberty and security). Under Article 41, the Court awarded EUR 6,000 to Mr Istratii, EUR 4,000 to Mr Burcovschi and EUR 5,000 to Mr Lutcan, in respect of non-pecuniary damage, and a total of EUR 4,000 for costs and expenses.