Ex chief city architect wins at ECHR

The European Court of Human Rights (ECHR) found violations of a series of articles of the European Convention on Human Rights concerning the case filed by Vladimir Modarca, former chief-architect of Chisinau municipality, who had been remanded in custody for over one year. Modarca was arrested in September 2004 and then detained in the remand centre of the Centre for Fighting Economic Crime and Corruption (CFECC), along with three functionaries of the local public administration, being subjected to a criminal investigation for abuse of power in connection with the privatisation of a plot of land. The applicant claimed that during his detention he did not benefit from necessary medical assistance, held in inhuman and degrading conditions, etc. The ECHR held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights concerning the case of Modarca, and a number of provisions of Article 5 (right to liberty and security). The Court awarded the applicant 7,000 euros in respect of non-pecuniary damage and 1,800 euros for costs and expenses. The detention of Modarca and of other functionaries of the City Hall in autumn 2004 was qualified by many political leaders and representatives of the civil society as an attempt to intimidate the opposition ahead of the elections (Serafim Urecheanu, Chisinau mayor general at that time was also the leader of an opposition party). Vladimir Sarban, secretary of the Chisinau Municipal Council also won a case at ECHR against the Moldovan Government. Constantin Becciev, director of “Apa-Canal Chisinau”, who was arrested in February 2003 on the eve of the general local elections that year, has also won at ECHR. Also yesterday, ECHR fined Moldova in the case “Mazepa vs Moldova”, in connection with a dwelling-related litigation. The Court ordered to pay EUR 3,000 for costs and expenses. The Moldovan Government has lost about 60 cases at ECHR so far, being obliged to pay damages totalling over EUR 700,000.