ANALIZA HOTĂRÂRILOR CtEDO DE CONSTATARE A ÎNCĂLCĂRII DE CĂTRE REPUBLICA MOLDOVA A CONVENIȚIEI ÎN LEGĂTURA CU PROTESTELE DIN APRILIE 2009

Abstract

On April 5, 2009, general elections were held in the Republic of Moldova. The an- nouncement of their results generated a discontent among the population expressed thro- ugh 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 me- dical assistance, violation of procedural rights, among which the prohibition to notify relatives, lawyer about detention, inhuman conditions of detention, torture and non-in- vestigation 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 ca- ses 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 Moldo- va 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 compen- sation 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 sub- sequent 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 con- 486 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 re- mains 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.