The ECHR found a violation of the requirements of Article 3 and Article 5, paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms

Заголовок: The ECHR found a violation of the requirements of Article 3 and Article 5, paragraph 1 of the Convention for Сведения: 2018-08-12 05:25:05

The applicant successfully complained of the fact that he was illegally deprived of his liberty by the authorities of the Pridnestrovskaia Moldavskaia Respublika in 1999, convicted by an illegal court, ill-treated by law enforcement officers and detained in inhuman conditions. The case involved violations of the requirements of Article 3 and Article 5, paragraph 1 of the Convention for the Protection of Human Rights.

In 2001, the applicant was assisted in preparing the аpplication. Subsequently, the аpplication was communicated to the Russian Federation.

In his complaint, the applicant complained that he had been illegally deprived of his liberty by the authorities of the Pridnestrovskaia Moldavskaia Respublika in 1999, convicted by an illegal court, ill-treated by law enforcement officers and detained in inhuman conditions.

On 17 October 2017, on a complaint lodged by the applicant, the Court unanimously held that the authorities of the Republic of Moldova violated the requirements of article 3 of the Convention (prohibition of torture), article 5, paragraph 1, of the Convention (right to liberty and security of person) at one of the time periods considered. The Court also also held, by six votes to one, that in the present case the Government violated the same provisions of the Convention for a different period of time and ordered the authorities of the Republic of Moldova to pay the applicant 3,000 euros in respect of non-pecuniary damage and the authorities of the Russian Federation 9,000 Euro. Judge D. Dedov (elected from the Russian Federation) expressed a special dissenting opinion on this case.

The ECHR judgment of 17 October 2017 on the case of Braga v. Republic of Moldova and the Russian Federation (аpplication No. 76957/01).

 

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