Two men in Chisinau, arrested following the protests in the April of 2009 elections, will receive greater compensation following an ECHR judgment. The Court established that, although the national courts found that they had been in detention, they granted much lower amounts than those provided by the Court in similar cases. Also, another inhabitant of the capital, who was in illegal detention, will receive further compensation.
According to the ruling published on July10, the applicants will receive a cumulative 16500 EUR for non-pecuniary damage, as well as costs and expenses, Ihr.md reports.
Two of the applicants were detained on April 8 and 9, 2009 following protests after the April 5, 2009 elections. The young people were detained for 7 and 10 days.
The third applicant was accused of fraud and placed under preventive arrest in April 2004 and July-August 2005.
The men have demanded in the national courts compensation for the damage caused by the illicit actions of the criminal prosecution authorities, the Prosecutor's Office and the courts. One demanded 115 thousand lei, another 600 thousand, and the third 80 thousand, for compensation of moral damage.
The Supreme Court of Justice granted them compensation of 15,000 lei, 7 thousand and 6 thousand, respectively.
Additionally, the applicants detained after the protests received from the Government 10,000 lei and 7,000 lei.
Subsequently, the applicants complained to the European Court of Justice for unlawful detention and lack of effective remedy.
The Court unanimously found violation of the rights of the 3, concluding that the amounts awarded by the national courts are considerably lower than those granted by the ECHR in similar cases.
The applicants claimed 30,000 euros, 40,000 and 15,000, respectively, as damages, and 4,850, 2,800 and 4,160 euros in costs and expenses.
The ECHR provided each applicant with EUR 4,000 for non-pecuniary damage and EUR 1500 for costs and expenses.