State to pay almost € 11,000 damages to applicant to ECHR

14.04.2015 14:10
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The European Court of Human Rights (ECHR) on April 14 passed judgment in the case of Botezatu versus the Republic of Moldova. The Court found Moldova guilty of not providing police officer Radu Botezatu with housing and awarded him almost €11,000 damages, IPN reports.

In July 2004 the Centru District Court delivered a judgment obliging the Chisinau municipality to provide Radu Botezatu and his family with social housing. This judgment was upheld by the Chisinau Court of Appeal in October 2004 and became final in November 2004. Enforcement proceedings were instituted in May 2005.

In November 2011 the Riscani District Court acknowledged that there had been a violation of the applicant’s rights resulting from the non‑enforcement of the final judgment in his favor for over seven years. The court dismissed the arguments of the Ministry of Finance, which disputed the validity of the lease contracts, and awarded the applicant €7,050 in respect of non-pecuniary damage and granted his claims in respect of pecuniary damage and for costs and expenses in full. The Ministry of Finance appealed.

In February 2012 the Chisinau Court of Appeal upheld the appeal, quashed the first-instance judgment and delivered a new judgment, acknowledging a violation of the applicant’s right resulting from the non-enforcement of a final judgment for a period of 78 months. The court awarded the applicant €2,270 in respect of non-pecuniary damage and €565 for costs and expenses. The court dismissed the applicant’s claims in respect of pecuniary damage as unsubstantiated, arguing that the lease contracts had been ineffective vis à vis the State on the grounds cited by the Ministry of Finance.

In August 2012 the municipality issued the applicant with an occupancy voucher, entitling him to move into a new flat.

The ECHR held that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final, €9,461 in respect of pecuniary damage, €1,300 in respect of non-pecuniary damage, and €112 in respect of costs and expenses.