ECHR condemns Moldova again

The European Court for Human Rights (ECHR) condemned Moldova on Tuesday, February 6 in the case Avramenko vs. Moldova under Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. In May 1998 the Ministry of Privatisation and of State Property published its decision to sell shares in a State-owned transport company in Balti. An auction was announced for that purpose. The applicant participated in the auction and, through a broker, bought 26.033% of the company’s shares for MDL 180,698.68 (approximately EUR 34,484). On June 26, 2002 a decision of the Supreme Justice Court obliged the Ministry of Finance to return to the applicant about EUR 13 thousand, representing the sum of money he had paid for the shares. The applicant obtained a warrant to enforce the judgment. Further on, the claimant asked compensation for the effects of inflation on the real value of the award and lost profits as a result of his inability to use his money for four years. On April 29 2004 the Balti Regional Court partly accepted the applicant’s claims and awarded him MDL 285,503. The decision was final and enforceable. On October 12 2005 the Supreme Court of Justice ordered a re-hearing of the case after the Ministry of Finance lodged a request for the revision of the judgment. The Balti Court of Appeals quashed the decision and awarded the applicant MDL 180,698. The applicant complained that the failure to enforce the judgment of June 26 2002 violated his right to have his civil rights determined by a court within a reasonable time, as guaranteed by Article 6 of the Convention, and his right to peaceful enjoyment of his possessions, as guaranteed by Article 1 of Protocol No. 1 to the Convention. He also complained about the examination of his case in his absence by the courts, contrary to his rights guaranteed under Article 6 of the Convention. The court held unanimously that there has been a violation of Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1 on account of the late enforcement of the judgment of June 26 2002. ECHR obliged Moldova to pay EUR 600 for costs and expenses. The issue of pecuniary and non-pecuniary damage is not ready for decision.