The European Court of Human Rights obliged Moldova to pay €9,000 to a victim who was maltreated and humiliated by guardians in a jail in Briceni. The case of Baban v. Moldova refers to inhuman and degrading treatment in detention, IPN reports.
Promo-LEX Association said the ECHR received the amicable settlement statements from the sides based in which the plaintiff accepted to renounce any other claims in relation to the Republic of Moldova on condition that the Government pays €9,000 to him.
The applicant was held at Penitentiary No. 2 of Lipcani, where he was repeatedly maltreated and humiliated by guardians, but medical assistance was refused to him even if he suffered from digestive system disorders. The Briceni Prosecutor’s Office refused to take legal action over maltreatment. A criminal case was yet started in two years, but the investigation lasted for another two years. Following trials at courts of law of different levels, he was awarded only 14,000 lei damages.
Promo-LEX lawyer Vadim Vieru, director of the Human Rights Program, said that judging by the case law of the ECHR in Moldovan cases, the national courts of law tend to offer damages of a reduced value, which are up to ten times lower than the sums awarded by the ECHR in similar cases. Under such circumstances, the plaintiffs continue to have the status of victim of violation of Article 3 of the Convention.
Promo-LEX recommends the national courts, in particular the Supreme Court of Justice, to take the ECHR case law in similar cases into account when determining damages and the Supreme Court of Justice’s Recommendation No. 6 on just satisfaction.
