ECHR judgment of September 17, 2019 in the case “Babkin (Babchin) v. Republic of Moldova and the Russian Federation” (application No. 55698/14).
In 2011, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.
The case has successfully examined an application about the applicant’s conditions of detention, namely, the failure to provide him with medical assistance during his detention, the decision to detain him by illegally created authorities, and the applicant’s lack of an effective remedy. The applicant also indicates that he was unlawfully deprived of property. The case has violated the requirements of Article 3, paragraph 1 of Article 5, Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 1 to the Convention.
In his application, the applicant complained about the conditions of his detention in the territory of the Pridnestrovskaia Moldavskaia Respublika, about the lack of medical assistance during his detention, and about the decision to detain him by illegally created authorities. Furthermore, the applicant complained that he had been unlawfully deprived of his property and pointed to the lack of an effective remedy.
On September 17, 2019, on an application filed by the applicant, the European Court unanimously ruled that the Russian authorities violated the requirements of Article 3 of the Convention (prohibition of torture), Article 5 § 1 of the Convention (right to liberty and security of person), Article 1 of Protocol No. 1 to the Convention (right to protection of property), Article 13 of the Convention (right to an effective domestic remedy) in conjunction with Article 3 of the Convention and Article 1 of Protocol No. 1 to the Convention, and that the authorities of the Republic of Moldova did not allow any Bo violation of the Convention.
The Court postponed consideration of the application of Article 41 of the Convention.