Justice in Moldova as a Pattern. Interview by Info-Prim Neo with Vladimir Modarca, ex-chief city architect, winner at the European Court of Human Rights in a case against Moldova

[How do you feel about the recently notified ECHR decision on your case?] - I’ve hear of it. But to tell you the truth, after more than three years of nervousness, I’m too tired to feel happy. It amounts to nothing more than an additional court decision besides those about 20 already pronounced. [- What about your trial, anyway? Is it over?] - No. The suit is moving ahead very slowly. Not even the lower court has reached a final decision. After two and a half years of hearings, the panel of judges got tired and took again a long leave of absence. [- Yet, the ECHR judgement is final and irreversible. Do you think that what has happened to you in the case cleared up by the European Court was a judicial error?] - I don’t think it was an error. Rather than it is about a pattern pertaining to the judicial system in Moldova; a common occurrence that doesn’t surprise anyone anymore. [- Do you say that such things are experienced by other people who are instituted proceedings against, too?] - I suppose, practically everyone is treated the same way. [- Why is that?] - Probably, people started to forget what justice, moral sense and science really means. [- Is there someone who you blame for your troubles?] - No, I’ve said it before and I’ll say it again that I do not blame anyone in person. [Info-Prim Neo’s Note:] 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 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. Details about the climate around the aforementioned arrests are available in the archives of the Agency’s web portal www.info-prim.md, by accessing the fourth part of the analysis by Info-Prim Neo dated 7 May 2007 “How Chisinau Residents Will Remember Mayor General of 2003-2007”. The Moldovan Government has lost about 60 cases at ECHR so far, being obliged to pay damages totalling over EUR 700,000.