On May 9, 2017, the European Court of Human Rights delivered two Decisions confirming human rights violations in the Transnistrian region. The decisions are related to the Eriomenco (42224/11) and Pădureț (26626/11) cases, in which the Russian Federation was found guilty of violating the right to freedom and security of person, the right to not be tortured, and the right to property.
Vitalie Eriomenco is a businessman who resides in the Slobozia district of the Transnistrian region. He was “arrested” in 2011 by representatives of the Transnistrian military. His businesses, which he had worked for a long time to develop, were unjustly appropriated, and his ownership shares were transferred to other people. On 30 December 2013, the so-called courts of the region found him guilty of fraud and sentenced him to 12 years of imprisonment with the forfeiture of his property.
Vitalie Eriomenco was detained for 5 and a half years, during which time he was subjected to inhumane and degrading treatment in prison in the Transnistrian region. Although his health visibly deteriorated, he was refused medical assistance. According to the findings of the Rehabilitation Center for Torture Victims “Memoria”, the lack of qualified medical assistance in the penitentiary institutions of the Transnistrian region seriously damaged the health of the applicant. Mr. Eriomenco was freed in September 2016, after he was pardoned by Evgheni Șevciuc.
The Court found that the right to not be subjected to torture or inhumane and degrading treatment (art. 3), the right to freedom and security of person (art. 5), the right to a private and family life (art. 8), the right to property (art. 1 of Protocol 1), and the right to submit an individual application to the Court (art. 34) were violated. The Court decided to collect EUR 142 775 in damages for the applicant.
The applicant in the second case is Dumitru Pădureț, an entrepreneur from the Cocieri locality. In August 2010 he was transporting goods to the agricultural market in Dubăsari. He was stopped by a person who introduced himself as a member of the “customs service” and who confiscated his automobile and his goods. In October 2010, the applicant was required to pay a fine of EUR 1,320 in order to recover his car.
The Court found that the right to property (art. 1 of Protocol 1) was violated and decided to collect EUR 6 320 in damages for the applicant.
“The European Court of Human Rights remains the most effective instrument for determining human rights violations. The ECtHR decisions confirm what is reported by human rights defenders”, declared Ion Manole, the Executive Director of the Promo-LEX Association. In addition, Ion Manole emphasized the urgent need to identify and implement instruments and mechanisms for human rights monitoring by international institutions and organizations.
The applicants were represented before the Court by lawyers and legal experts from the Promo-LEX Association. Details on the Decisions can be found here and here.
For more details, please contact: Carolina Bondarciuc, Promo-LEX Communications Officer: GSM 060280980, Tel/Fax (+373 22) 450024, e-mail: [email protected]