Preventing peaceful protests and illegal detentions leads to a new condemnation of Moldova at the ECHR. The complainants, activist Anatol Mătăsaru and Djulieta Savitchi are due to receive moral damages of 8,000 euros and 4,000 euros in costs and expenses.
The ruling was published on July 10, according to lhr.md.
The case is related to the participation of the two in street protests. Following a protest in January 2008, the applicants were arrested and detained for 6 hours and 40 minutes.
Also in December 2008, Matasaru participated in another street protest, which resulted in arrest and detention for about 4 hours and 30 minutes.
Subsequently, both applicants were acquitted and the police actions were considered illegal.
In January 2009, Anatol Mătăsaru again participated in a protest, being detained for about 6 hours. Later, the activist was acquitted, and the police actions were considered illegal.
In November 2010, the ECHR declared inadmissible Matsuaru and Savitchi's request for alleged violation of rights on the grounds that the domestic remedies were not exhausted.
Subsequently, the applicants initiated civil proceedings against Moldova, demanding compensation for the violation of rights. As a result, the Supreme Court of Justice awarded 900 euros to Anatol Mătăsaru and 270 euros to Djulietei Savitchi.
However, the complainants also complained to the ECHR, citing the violation of the right to liberty because they were detained for no legal reason, as well as the violation of the right to freedom of peaceful assembly, on the ground of their arrest and detention.
The Court upheld the application and found unanimously the violation of the rights invoked.
At the same time, the ECHR judges found that the amounts awarded by national courts are considerably lower than those granted by the Court in similar cases. Thus, the Court has held that plaintiffs can claim the status of victim and receive greater compensation.
Anatol Mătăsaru requested 15,000 euros and Djulieta Savitchi 7,000 euros for moral damages and 8,000 euros for costs and expenses.
The Court awarded the applicants 8,000 EUR for non-pecuniary damage and 4,000 EUR for costs and expenses.