Russia challenges ECHR decision in case of Dubasari farmers in Grand Chamber

The Government of the Russian Federation disputed the ECHR decision in the case of Sandu and others against the Republic of Moldova and the Russian Federation of July 17, 2018 by which Russia was found guilty of violating the right to ownership of farmland owners from Dubasari district. The Russian Government’s challenge will be examined by a panel of five judges of the ECHR’s Grand Chamber, IPN reports.

In a press release, “Promo-LEX” Association said the Russian Federation requested to reexamine the case, arguing it does not have jurisdiction for the Transnistrian region and is not to blame. The Russian authorities make reference to the so-called Transnistrian bodies that had blocked the access of over 1,600 farmers to their farmland during more than ten years. If the application is accepted, the case will be examined by the Grand Chamber that consists of 17 ECHR judges.

Alexandru Postica, director of the Human Rights Program of “Promo-LEX”, said the application was filed the last day when it was possible and the Russian Government’s intention to delay the implementation of the decision is evident. “The problems raised by Russia are similar, as in the previous complaints, while the complexity of the case of Sandu and others resides in the large number of plaintiffs,” stated Alexandru Postica. He noted the arguments invoked by Russia were already analyzed in the cases of Catan and others versus the Republic of Moldova and the Russian Federation and of Mozer against Moldova and Russia.

The European Court of Human Rights on July 17 passed a decision in the case of the farmers from Dubasari district, whose land was sequestrated by the secessionist Transnistrian administration. The Court ordered that Russia should pay damages to the plaintiffs who are inhabitants of Dorotcaia, Pirita, Molovata-Noua, Pohrebea and Cocieri villages situated on the left side of the Nistru. The application was filed in the name of 1,646 plaintiffs and three agricultural companies from Dubasari district. Of the awarded €2 499 300 damages, each land owner will get by €1,500, while each agricultural company by € 5,000 in respect of non-pecuniary damage. The Court also held that the Russian Government should pay almost €246,000 in respect of pecuniary damage to the three companies. A sum of €20,000 is to be paid as court costs. Overall, Russia is to pay nearly €2.8 million damages in this case.

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