Oleg Filin, citizen of Moldova and resident of the city of Chisinau, was kidnapped on 25 March 2009 from his home in the Moldovan capital, and was transported to the twon of Dubasari. On 21 October 2009, in violation of all procedural rights, Oleg Filin was “sentenced” by the alleged Dubasari “court” to eight years in prison.
On 15 July 2010 the applicant lodged a complaint with the General Prosecutor Office seeking the initiation of criminal proceedings and sanctions of all persons involved in the abduction and illegal detention in Moldova. On 26 July 2010, a prosecutor from the Ciocana district Prosecution office issued an ordinance of refusal to initiate criminal proceedings on grounds that the actions did not contain elements of an offense. On 7 October 2010, the Prosecutor General overruled the ordinance of 26 July, and ordered to start criminal proceedings on the case under Article 328. 1 of the Moldovan Criminal Code. On 10 December 2010, the prosecutor from the Ciocana Prosecution office ordered the cessation of criminal case no. 2010488051 on the grounds that the actions did not contain elements of the offense. The prosecutor’s ordinance was annulled by a superior prosecutor on 21 January 2011, who ordered the resumption of proceedings. On 7 June 2011, the investigation was suspended on the grounds that it was impossible to identify the persons who committed the offense.
On July 9, 2010, the applicant filed a civil action against the Ministry of Finance of the Republic of Moldova in connection with his illegal detention in the eastern region of Moldova. He also submitted a petition to the Russian Ambassador to Moldova, in which he described his conditions of detention, which he believes are contrary to Article 3 of the European Convention on Human Rights. Namely, the cell in which he was held is not provided with drinking water, light or ventilation. Between April and September 2010, the applicant did not have access to hot water. The applicant also claims that, while submitting his complaint to the European Court of Human Rights, he was detained together with people suffering from tuberculosis.
In his action to the European Court, the applicant claims infringement of Article 3 of the European Convention on Human Rights in connection with his detention in inhuman conditions, Article 5 in connection with the illegal detention in the Transnistrian region of Moldova, Article 6 regarding the refusal of Moldovan courts to examine the applicant’s action, and Article 13 in connection to the lack of an effective remedy at the national level in relation to violations of Articles 3, 5 and 6 of the ECHR.
The case is represented at the European Court of Human Rights by Promo-LEX lawyers and legal counsels.
More details on the statement of facts are available here.