The European Court of Human Rights (ECHR) ruled in favor of Moldovan citizens of German origin Boris Mozer, who was arrested by the Transnistrian militia and held in inhuman conditions. Thus, the ECHR found Russia guilty of violating the rights to freedom and safety. The ECHR’s decision was presented by the Association “Promo-LEX” in a news conference at IPN. Members of the Association said the ECHR’s decision is one of reference and major importance.
Director of the Human Rights Program, lawyer Alexandru Postica said the ECHR decided that the continuous refusal to offer the plaintiff medical assistance and the detention in inhuman conditions in a number of penitentiaries in the Transnistrian region represented violation of the right not to be subject to torture. The plaintiff’s rights to private life and religion were also violated because he was not allowed to meet with representatives of the denomination of which he forms part.
“The Court ascertained that the courts in the Transnistrian region do not have long enough experience and cannot be considered courts that can allow applying arbitrary arrest. Thus, the whole system in the region is questioned. This is a very important outcome,” said Alexandru Postica. The Court ascertained that unlike the constitutional legislation of the Republic of Moldova, which was appraised by international institutions, the so-called Transnistrian legislation remains in the shadow. No international body assessed it to see if it meets the international standards.
According to the lawyer, the ECHR found Russia guilty of violating the rights of the Moldovan citizen. Though the plaintiff was arrested and convicted by the unrecognized bodies of the Transnistrian region, these work owing to the support provided by Russia. Consequently, all the committed violations were imputed to Russia, which was obliged to pay €25,000 in respect of pecuniary and non-pecuniary damages and €4,000 costs to the plaintiff.
Moldova was obliged to take prompt actions to guarantee a legal framework compatible with the European Convention for the Transnistrian region. “Promo-LEX” executive director Ion Manole said the conclusions stated in the ECHR decision are sufficient for Moldova to continue to take measures to ensure the human rights in Transnistria are observed. “By becoming involved in each case apart, we can manage to solve the Transnistrian issue in general. Only by monitoring the situation in the Transnistrian region, can we identify both the problems and solutions to them,” he stated.
The plaintiff complained to the Court that he was arrested by the Transnistrian militia on November 24, 2008. During about a year and a half, he was held in inhuman conditions in jails in Tiraspol and Hlinaia, being refused medical care. After a summary conviction, he was set free on July 1, 2010.
