TARABURCA v. MOLDOVA View

Notes

Date	06/12/2011
AppNr	18919/10
Body	Court (Third Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	3; 41
Violated / NonViolated	3

Conclusions:

Non-pecuniary damage - award
Violation of Art. 3
Violation of Art. 3 (procedural aspect)
Violation of Art. 3 (substantive aspect)

Keywords:

(art. 3) degrading treatment
(art. 3) effective investigation
(art. 3) inhuman treatment

ECHR Notes

Originating Body	Court (Third Section)
Document Type	Judgment (Merits and Just Satisfaction)
Language	ENGLISH
Application Number	18919/10
Importance Level	2
Represented by	DORONCEANU O.
Respondent State	Moldova
Date of Judgment	06/12/2011
Conclusion	Violation of Art. 3 (substantive aspect) ; Violation of Art. 3 (procedural aspect) ; Non-pecuniary damage - award
Articles	3 ; 41
Separate Opinions	No
Strasbourg Case Law	Assenov and Others v. Bulgaria, 28 October 1998, Reports of Judgments and Decisions 1998-VIII ; Bati and Others v. Turkey, nos. 33097/96 and 57834/00, ECHR 2004-IV ; Gutu v. Moldova, no. 20289/02, § 61, 7 June 2007 ; Ipate v. Moldova, no. 23750/07, § 63, 21 June 2011 ; Klaas v. Germany, 22 September 1993, § 30, Series A no. 269 ; Mikheyev v. Russia, no. 77617/01, § 107 et seq, 26 January 2006 ; Orhan v. Turkey, no. 25656/94, § 274, 18 June 2002 ; Popa v. Moldova, no. 29772/05, §§ 39-45, 21 September 2010 ; Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII ; Selmouni v. France [GC], no. 25803/94, § 95, ECHR 1999-V ; Türkan v. Turkey, no. 33086/04, § 43, 18 September 2008
External Sources	Report by Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe, following his visit to Moldova from 25 to 28 April 2009 ; Report of the visit to Moldova of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment from 27 to 31 July 2009 ; Report of the parliamentary inquiry commission tasked with the elucidation of the causes and consequences of the events following the general elections held on 5 April 2009 in Moldova; “Liberty, Security and Torture: April 2009 events in Moldova” by the Institute for Human Rights in Moldova (IDOM) and the Resource Centre for Human Rights (CReDO) ; Declaration of the Moldovan Bar Association of 17 April 2009
Keywords	"(Art. 3) DEGRADING TREATMENT" "(Art. 3) EFFECTIVE INVESTIGATION" "(Art. 3) INHUMAN TREATMENT"

References 14

	1 IPATE v. MOLDOVA 3 Court (Third Section) Judgment (Merits and Just Satisfaction)	21/06/2011
	2 POPA v. MOLDOVA 3, 13 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	21/09/2010
	3 PADURET v. MOLDOVA 3 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	05/01/2010
	12 TURKAN v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	18/09/2008
	10 GUTU v. MOLDOVA 5-1, 6-1, 8, 13, 5 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	07/06/2007
	6 MIKHEYEV v. RUSSIA Court (First Section) Decision	07/10/2004
	5 OZGUR KILIC v. TURKEY Court (Second Section) Judgment (Struck out of the List)	22/07/2003
	227 ORHAN v. TURKEY 2, 3, 5, 8, P1-1, 13 Court (First Section) Judgment (Merits and Just Satisfaction)	18/06/2002
	219 PAUL AND AUDREY EDWARDS v. THE UNITED KINGDOM 2, 13 Court (Third Section) Judgment (Merits and Just Satisfaction)	14/03/2002
	70 INDELICATO v. ITALY 3, 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	18/10/2001
	519 SALMAN v. TURKEY 2, 3, 13 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	27/06/2000
	934 SELMOUNI v. FRANCE 3, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/07/1999
	663 ASSENOV AND OTHERS v. BULGARIA 3, 13, 5-3, 5-4, 25-1, 3, 6-1, 5-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	28/10/1998
	329 KLAAS v. GERMANY 3 Court (Chamber) Judgment (Merits)	22/09/1993

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