Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Pozneacova, VeronicaSubject: search.filters.subject.victim

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    Analiza hotărârii CtEDO de constatare a încălcării art. 2 și 3 de către Republica Moldova prin aplicarea torturii, care a determinat moartea deținutului [Articol]
    (CEP USM, 2024) Pozneacova, Veronica
    The application of torture represents a serious violation of human rights. The absolute prohibition of the application of torture, inhuman and degrading treatment is stipulated in universal and regional standards. The prohibition of the application of torture is regulated by art. 3 of the European Convention on Human Rights. However, after the ratification of the European Convention of Human Rights by the Republic of Moldova on 12 September 1997, the application of torture to the persons in state custody remains one of the most frequently found violations of art. 3. So, the application of ill-treatment remains a systemic problem within criminal justice. In the study we analyze the decision on the case Cantanagiu vs. Republic of Moldova application no. 13013/11 of 15 February 2011 decision 24 March 2020, in which the European Court of human rights found violation by the Republic of Moldova of art. 3 by applying torture to the applicant and his brother, which led to the death of his brother and the non-investigation of the application of ill-treatment by the authorities. The importance of this decision is manifested in the finding of violation of art. 2 and 3 of the Convention by the application of torture, which caused death to the detainee. In this study, we analyze the conclusions of the High Court, the negative obligations of the state, determined by the provisions of art. 2 and 3 of the Convention, examine the positive obligations of the authorities, which are manifested in the efficient and effective investigation of the reported violations, as well as the analysis of the importance of this decision in the realization of the rights of victims of torture in the Republic of Moldova.
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    Analiza hotărârilor CtEDO de constatare a încălcării de către Republica Moldova a Convenției în legătură cu protestele din aprilie 2009 [Articol]
    (CEP USM, 2021-12-08) Pozneacova, Veronica; Zaharia, Victor
    On April 5, 2009, general elections were held in the Republic of Moldova. The announcement of their results generated a discontent among the population expressed through peaceful protests, which gradually turned into violent ones. The authorities applied force to the protesters, and the detained persons were subjected to inhuman, degrading treatment and torture. Among the deviations declared by the victims of these events are: unfounded and undocumented detentions, humiliation of persons, non-provision of medical assistance, violation of procedural rights, among which the prohibition to notify relatives, lawyer about detention, inhuman conditions of detention, torture and non-investigation of these violations by the authorities. To the date, the Republic of Moldova has been convicted for human rights’ violations during the events of April 2009 in 9 cases among them Muradu against the Republic of Moldova no. 26947/09, O. R. and L. R. against the Republic of Moldova no. 24129/11, Taraburca against the Republic of Moldova no. 18919/10, Iurcu against the Republic of Moldova no. 33759/10, Cucu and others against the Republic of Moldova no. 7753/13, 75188/13 and 76511/14, Buhaniuc against the Republic of Moldova no. 56074/10, D. against the Republica Moldova no. 25397/09. In 12 other cases the Republic of Moldova has pleaded guilty and obliged to pay compensation to the victims. Currently, in the process of judging of the Strasbourg High Court, there are other requests generated by the events of April 2009. In this study, there are analyzed the human rights’ violations generated by the authorities’ actions during the April protests noted by the ECtHR. The European Court started the violation of article 3 in aspects related to the application of torture, inhuman and degrading treatment, article 5 because of the unsubstantiated and undocumented mass detentions and the application of violence during the detention and article 13 because of the ineffectiveness of national remedies in cases related to torture. The analyze of this violation could prevent the subsequent violation of human rights in the hypothetical situation of a demonstration, which turns into mass disorder, as well as to prevent the convictions of the Republic of Moldova regarding the causes related to the events of April 2009. So, in this research we aimed to determine the ECtHR judgments according to winch the Republic of Moldova was con486 victed for the human rights’ violations during the events of April 2009, to analyze the common characteristic features for all these violations, to examine the statistical data on the age of the victims, the date and place of their detention, to establish the human rights violations, which have not yet been examined by the ECtHR. Despite the introduction of major modifications in the legislation regulating the limits of application of the force of collaborators of law enforcement bodies, article 3 of the ECHR that prohibits torture remains one of the most frequently violated by the authorities of the Republic of Moldova, which determines the necessity of analysis both the decisions of the European Court and the legislation in force.
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    Protecția, consolidarea și garantarea drepturilor victimelor infracțiunilor în cadrul UE [Articol]
    (CEP USM, 2022) Pozneacova, Veronica
    Protection, respect and promotion of the crime victims’ rights represent a priority for the European Union. EU adopted several legislative acts in order to ensure respect for the rights of this category of persons. The EU Strategy on victims’ rights (2020-2025) was adopted in 2020. This act summarizes the rights of victims regulated by the directives adopted earlier, and introduces a mechanism for the realization of these rights, which requires actions by both national States and EU institutional bodies. The significance of this strategy is confirmed by the fact that it represents a first strategy adopted by the EU for protecting victims of crimes and enumerates the concrete states’ actions that should be undertaken for guaranteeing the rights of this category of persons. In this study, we aimed to analyze the EU Strategy on victims’ rights (2020-2025), to highlight the insurance mechanism and implementation of their rights, as well as the applicability of this strategy for the Republic of Moldova at the recommendation level.