Recently, the European Court of Human Rights issued 8 rulings on 17 cases, out of which 15 were represented by lawyers of the Promo-LEX Association. Information on other causes such as Iovcev and others v. Moldova and Russia can be found here, Negruta v. Moldova and Russia here.
One of the cases relates to the complaint addressed to the ECHR by Valeriu Mitul and Iurie Cotofan (see the case of Mitul and Cotofan v. Moldova and Russia, no. 33446/11). The case targets the abusive actions of the Transnistrian militia on March 2, 2011, when the Mayor of the village of Corjova – Valeriu Mitul and a village councilor – Iurie Cotofan, were arrested on the grounds that they had participated in a rally organized to commemorate the victims of the 1992 war.
The two officials were arrested after the commemoration service, when they left the church of the village of Corjova and headed to the cemetery to lay flowers. As they were carrying the flag of the Republic of Moldova, they were approached by about 30 Transnistrian militia officers, who applied special measures and detained the applicants. On the same day, the so-called judge of the “Dubasari court” sentenced the applicants to 7 days in custody for refusal to obey the orders of the militia and daring to raise the flag of the Republic of Moldova in Corjova, Dubasari district.
The applicants were intentionally held in degrading conditions in the basement of the militia unit in Dubasari. They were refused any meetings with their lawyers and receipt of any stuffs from their relatives. They were held for 3 days in moist cells with mold odor, without heating, sleeping on metal beds. The officials were released after 3 days of detention in the basement of militia unit. Following the detention, both applicants were hospitalized as their general health condition worsened. Subsequently, the applicant Valeriu Mitul was diagnosed with heart failure and underwent two surgeries.
The court found the violation of art. 3, 5 par. 1, 13 of the Convention by the Russian Federation. The court ordered the payment of 9,000 Euros as moral damages to each applicant, and 1,800 Euros as costs and expenses.
At the same time, the ECHR issued other decisions recognizing the violation of the right not to be subjected to torture and inhuman and degrading treatment, as well as the right to freedom and security in Berzan and others v. Moldova and Russia no. 56618/08 (10 cases were connected), Untilov v. Moldova and Russia, no. 80882/13, Babchin v. Moldova and Russia, no. 55698/14, Matcenco v. Moldova and Russia 10094/10. In total, the ECHR ordered the collection of moral damages in the amount of 272,200 Euros.
The applicants were represented by legal experts and lawyers of the Promo-LEX Association.
For more details, please contact:
Alexandru Postica,
Lawyer, Program Director,
Promo-LEX Association,
Tel: (22) 450024, GSM: 069104851,
e-mail: [email protected]