The Republic of Moldova is obliged to pay 4000 euro to a former prisoner after it has lost one more case at the European Court of Human Rights.
According to jurnal.md, the plaintiff is Pavel Okolisan, a Serbian citizen, who have been extradited in 2011 to Moldova after his arrest in Hungary, on suspicion of defrauding a company.
At the time of detention, Okolisan, born in 1957, was suffering from prostate cancer. So he was complaining on the Moldovan state about the deplorable conditions of detention. The man said that during the period of 21 January to 23 August 2011, while he was arrested, he was placed in a cell with another 15 sick colleagues, and this put his health at risk.
Moreover, Okolisan said that after a month of detention, he was transferred into a cell in the basement, where was very wet and cold, and the rats and insects felt like at home. There the detainee did not have permanent access to water, and had to use a bucket instead of toilet. Soon, because of his poor health, Okolisan was placed under house arrest.
Although the Government of the Republic of Moldova was defending, the prison staff saying that the cell, in which the applicant have been placed, had a window and ventilation, a sink and a toilet separate from the rest of the cell, the European Court admitted applicant’s partial right.
In the decision of ECHR was noted, that overcrowding of the cells was confirmed both by government data regarding the size and the occupancy of the cells, and the Centre of Human Rights. Moreover, the conditions of detention have really had an effect on the Serb’s health.
However, the applicant’s accusation of not being provided with medical care was denied, the Court noted that the government has attempted a several times to persuade the Serb to be transferred to the prison no. 16, which is a prison hospital, but he refused.
The complainant asked the Government of the Republic of Moldova to pay 2,750 euros for costs and expenses and 15,000 euros for moral damages. But the court obliged Moldova to pay the Serb one thousand euros for costs and expenses and three thousand euros for moral damages.
The judges who lost in ECHR will be attracted to penal responsibility. Decision remaining at the level of statement
37 judges and prosecutors will be prosecuted and obliged to pay compensation for the number of cases lost in ECHR. The announcement was made in January of this year by the Minister of Justice.
Then the Minister of Justice announced the he launches several penalties against judges, prosecutors, representatives of public institutions and even local authorities that, by their actions, have violated the European Convention of Human Rights.
“These people will be judged today on behalf of The Republic of Moldova and will be obliged to compensate the moral and material damages, costs and expenses incurred by our country for compensation of the damages to our citizens”
However to the moment the decision remained only at the level of declarations.
Moldova – laggard at ECHR
According to the ECHR report published on the Lawyers of Human Rights website in 2015, over 1,220 applications have been directed against Moldova. Thus our country is located on the 11th place out of the 47 member states.
At the same time the number of applications per head, Moldova is located on the 3rd place with index of 2.84 applications per 10,000 residents.
The court took 19 decisions towards Moldova during 2015. Most of Moldovan cases are based on inefficient investigation, inhuman conditions, inhuman and degrading treatment during the detention, right to freedom and security, right to a fair trial, right to respect for private and family life and others.
By ECHR decisions made during last year, the government of The Republic of Moldova was obliged to pay compensation of more than 211 thousand euros.