The ECHR found a violation of the requirements of paragraph 1 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of paragraph 1 of Article 5 of the Convention for the Protect Сведения: 2020-04-18 04:29:22

Decision of the ECHR of September 17, 2019 in the case of "Matchenko (Matcenco) v. Republic of Moldova and the Russian Federation" (application No. 10094/10).

In 2010, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

The case has successfully examined the application about the applicant’s detention in custody by the illegally created authorities of the Pridnestrovskaia Moldavskaia Respublika, the ill-treatment of the applicant during his detention, the refusal to provide him with medical assistance during his detention, and the prohibition on relatives from visiting him for a long time as well as the lack of effective remedies. The case did not violate paragraph 1 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the right to liberty and security of person) by the authorities of the Republic of Moldova, but there was a violation of this provision of the Convention by the authorities of the Russian Federation.

In his application, the applicant complained about his being detained by the illegally created authorities of the Pridnestrovskaia Moldavskaia Respublika, about his ill-treatment during his detention, his refusal to provide medical assistance during his detention, and his relatives were forbidden to see him during a long time. He also argued that there had been no effective remedy in respect of these violations of the Convention.

On September 17, 2019, on an application filed by the applicant, the European Court unanimously decided that the authorities of the Republic of Moldova had not committed a violation of Article 5 § 1 of the Convention (the right to liberty and security of person), but had violated this provision of the Convention by the authorities of the Russian Federation, and ordered the authorities of the Russian Federation to pay the applicant EUR 20,000 in respect of non-pecuniary damage and EUR 1,500 in respect of costs and expenses.

 

 

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