The Republic of Moldova

2013
Case of Mudric v. The Republic of Moldova. European Court of Human Rights. 2013. Publisher's VersionAbstract

http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-122375#{"itemid":["001-122375"]}

1.  The case originated in an application (no. 74839/10) against the Republic of Moldova lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Moldovan national, Ms Lidia Mudric (“the applicant”), on 21 December 2010.

2.  The applicant, who had been granted legal aid, was represented by Ms D. Străisteanu, a lawyer practising in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr V. Grosu.

3.  The applicant alleged, in particular, that the authorities had not discharged their positive obligations under Articles 3, 14 and 17 of the Convention to protect her from domestic violence and to punish her aggressor.

4.  On 18 March 2011 the application was communicated to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

5.  Third-party comments were received from the Equal Rights Trust, a non-governmental organisation based in London, the United Kingdom, which had been given leave by the President to intervene in the procedure (Article 36 § 2 of the Convention and Rule 44 § 2 of the Rules of Court). The Government replied to those comments (Rule 44 § 5).

Case of B v. The Republic of Moldova. European Court of Human Rights; 2013. Publisher's VersionAbstract

http://hudoc.echr.coe.int/eng?i=001-122372

1. The case originated in an application (no. 61382/09) against the Republic of Moldova lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by three Moldovan nationals, Ms O. B., Mr V. B. and Mr I. B. (“the applicants”), on 19 November 2009.

2. The applicants were represented by Mr A. Bivol, a lawyer practising in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr V. Grosu.

3. The applicants alleged, in particular, that Mrs O. B. (‘the first applicant’) had been subjected to violence from her ex-husband and that the other applicants had witnessed such violence and been affected by it, while the State authorities had done little to stop such violence and prevent it from happening again. 

Case of Eremia v. The Republic of Moldova. European Court of Human Rights; 2013. Publisher's VersionAbstract

http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"fulltext":["Eremia%20v.%20The%20Republic%20of%20Moldova"],"documentcollectionid2":["GRANDCHAMBER","CHAMBER"]}

In the decision Eremia and Others v. the Republic of Moldova, the European Court of Human Rights held that the Republic of Moldova has violated Articles 3, 8 and Article 14 in conjunction with Article 3 of the European Convention of Human Rights for failing to prevent a husband (working as a police officer) from repeatedly beating his wife in front of their two teenage daughters. The applicants in this case were three Moldovan national women; the first applicant, Lilia Eremia, and her two daughters (second and third applicants, Doina and Mariana Eremia). The mother was repeatedly beaten by her husband, a police officer, in front of their two daughters. In addition to the physical and mental suffering of the mother, the two girls’ psychological well-being was adversely affected. 

The facts: 
On the first applicant’s request, a protection order had been issued against the violent husband, who did however not respect the order. Finally, the Moldovan Courts stood on the husband’s side by upholding his appeal and partly revoking the protection order.  The first applicant had filed a criminal complaint and had claimed that she has been pressured by other police officers to withdraw the complaint. Although a criminal investigation had been finally launched, and substantive evidence of the husband’s guilt has been found, the prosecutor decided to suspend the investigation for one year subject to the condition that the investigation would be reopened if the husband committed another offence during that time. The prosecutor based his decision on the consideration that, the husband had committed “a less serious offence” and “did not represent a danger to society.”