FOURTH SECTION
PARTIAL DECISION
AS TO THE ADMISSIBILITY OF
Application no. 20935/05
by Iulia BARANOV
and 15 other applications against Moldova
and
Application no. 12674/07 by Vasile VARTIC
and 8 other applications against Moldova and Russia
The European Court of Human Rights (Fourth Section), sitting on 10 November 2009 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ledi Bianku,
Mihai Poalelungi, judges,
and Lawrence Early, Section Registrar,
Having regard to the above applications lodged between 12 May 2005 and 17 March 2007,
Having deliberated, decides as follows:
THE FACTS
A. The circumstances of the case
The applicants, referred to in the attached table, are all Moldovan nationals. Their applications were lodged between 12 May 2005 and 17 March 2007.
In the cases of Baranov and 14 others the applicants raised complaints that local governments had failed to comply with final and binding judgments awarding them housing rights or money in lieu of housing and compensation in respect of pecuniary damage caused by unlawful expropriation during the Soviet regime or restitution of unlawfully confiscated property.
In the cases of Vartic and 9 others the applicants, who are internally displaced persons in the aftermath of the military conflict in the region of Trandniestria, raised complaints that local governments had failed to comply with final and binding judgments awarding them housing.
The facts of these cases, as submitted by the applicants, are set out in the attached table.
B. Relevant non-Convention material
The relevant non-Convention material has been set out in Olaru and Others v. Moldova, nos. 476/07, 22539/05, 17911/08 and 13136/07, 28 July 2009.
COMPLAINTS
The applicants complain of a breach of their rights guaranteed by Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention as a result of local authorities’ failure to comply with final judicial decisions delivered by domestic courts in their favour.
In the applications nos. 12674/07, 13012/07, 13272/07, 13278/07, 13322/07, 13333/07, 13339/07, 13355/07 and 13368/07 the complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 were also lodged against the Russian Federation.
In addition to these complaints, the applicants Ciorap and Conovali (applications nos. 32318/06 and 39503/06) also complain under Articles 8 and 14 of the Convention that the Moldovan authorities’ failure to enforce the final judgments in their favour infringed their right to home and private life and discriminated against them.
The applicant Modrânga (application no. 33328/06) also complains under Article 13 that he did not have at his disposal an effective domestic remedy for his complaints concerning the non-enforcement of the final judgment in his favour under Article 6 § 1 and Article 1 of Protocol No.1, as required by Article 13 of the Convention.
THE LAW
1. The Court notes that some of the above applications (nos.12674/07, 13012/07, 13272/07, 13278/07, 13322/07, 13333/07, 13339/07, 13355/07 and 13368/07) were also lodged against the Russian Federation. According to the applicants, they were forced to leave their homes in Transdniestria due to the actions of the Russian Federation, which contributed military, economically and politically to the creation and consolidation of the Transdniestrian separatist regime.
The Court notes that the subject matter of these applications concerns the failure of the Moldovan authorities to enforce final judgments of Moldovan courts obliging the Government of Moldova and the Chişinău Municipal Council to provide the applicants with apartments. It follows that in so far as the applications are brought against the Russian Federation they are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
2. In so far as the complaints lodged against Moldova are concerned, the Court considers that it cannot, on the basis of the case files, determine their admissibility and that it is therefore necessary, in accordance with Rule 54 § 2 (b) of the Rules of Court, to give notice of these applications to the Moldovan Government.
For these reasons, the Court, unanimously,
Declares inadmissible the complaints lodged by the applicants in so far as they relate to the Russian Federation;
Decides to adjourn the examination of the above applications in so far as they relate to Moldova.
Lawrence EarlyNicolas Bratza
RegistrarPresident
ANNEX TABLE
Application number
and date of lodging
Applicant’s details
Representative
Final judgment
Case details
Award
Complaints under the Convention
20935/05, 12.05.2005
BARANOV Iulia, born on 23.05.1961, Moldovan national, living in Bălţi
Not represented
Edineţ District Court, 16.10.2003
Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s family’s assets following deportation.
Obligation of Edineţ local authorities to pay the applicant MDL 35,085
Article 6 of the Convention (in substance) – length of proceedings;
Article 1 of Protocol No.1
27759/05, 20.07.2005
IRIZAN Nicolae, born on 19.11.1919, Moldovan national, living in Cahul, and REZAN Ion, born on 08.06.1922, Moldovan national, living in Cahul
Mr Alexandru Iuraşco, lawyer practising in Cahul
Cahul Court of Appeal, 20.10.2004
Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s assets following deportation.
Obligation of Cahul Local Council to pay the first applicant
MDL 199,925 and the second applicant MDL 499,925
Article 6 of the Convention and Article 1 of Protocol No.1
7847/06, 03.02.2006
TÎRNOVEŢCHI Vasile, born on 21.12.1939, Moldovan national, living in Donduşeni
Mr Victor Marcu, lawyer, practising in Edineţ
Edineţ District Court, 26.04.2004
Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s family’s assets following deportation.
Obligation of Edineţ local authorities to pay the applicant
MDL 81,202
Article 6 of the Convention and Article 1 of Protocol No.1
7851/06, 03.02.2006
STIHARI Tamara, born on 3.04.1932, Moldovan national, living in Cobani
Mr Victor Marcu, lawyer, practising in Edineţ
Edineţ District Court, 21.07.2004
Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s assets following deportation.
Obligation of Edineţ local authorities to pay the applicant MDL 73,190
Article 6 of the Convention and Article 1 of Protocol No.1
13431/06, 21.03.2006
SCHERLET Ana, born on 7.09.1937 Moldovan national, living in Cişmichioi
Mr Vanu Jereghi
Cahul District Court, 11.08.2003
Restitution of unlawfully confiscated property located in Cahul
Obligation of the Cahul Local Counci l to return unlawfully confiscated houses to the applicant
Article 6 of the Convention and Article 1 of Protocol No.1
21040/06, 06.05.2006
PROHOROV Vladimir, born on 16.08.1963, Moldovan national, living in Chişinău
Mr Vitalie Iordachi
Court of Appeal of the Republic of Moldova, 20.06.2000
Restitution of unlawfully confiscated property located in Chişinău
Obligation of the Chişinău Local Council to return unlawfully confiscated houses to the applicant
Article 6 of the Convention and Article 1 of Protocol No.1
27404/06, 22.06.2006
GÏNCU Leonte, date of birth unknown, Moldovan national, living in Mărcăuţi
Mrs Maria Pelin, lawyer, practising in Cojusna
Briceni District Court, 04.05.2001
Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s family’s assets following deportation.
Obligation of Briceni local authorities to pay the applicant
MDL 228,510
Article 6 of the Convention and Article 1 of Protocol No.1
29012/06, 28.06.2006
PROŢAP Iurie, born on 28.06.1953, Moldovan national, living in Ungheni
Mr Victor Onoico
Bălţi District Court, 30.07.2003
Social housing case (Ministry of Internal Affairs)
Obligation of the Bălţi Local Council to provide the applicant’s family with accommodation
Article 6 of the Convention
32318/06,
19.04.2006
CIORAP Tudor, born on 27.10.1965, Moldovan national, living in Chişinău
Not represented
Chişinău Court of Appeal, 24.05.2006
Social housing case (military)
Obligation of the Chişinău Local Council to provide the applicant’s family with accomodation
Articles 8 and 14 of the Convention, Article 1 of Protocol No.1
33328/06,
26.07.06
MODRÄNGǍ Mariana, born on 12.06.1971, Moldovan national, living in Chişinău
Not represented
Centru District Court, 27.03.2002
Social housing case (military)
Obligation of the Chişinău Local Council to provide the applicant with accommodation
Articles 6 and 13 of the Convention and Article 1 of Protocol No.1
33455/06,
07.06.2006
DIACON Olga, born on 26.03.1977, Moldovan national, living in Chişinău
Not represented
Centru District Court, 21.09.2005
Social housing case
Obligation of the Chişinău Local Council to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
39503/06, 10.09.2006
CONOVALI Valentina, born on 14.08.1945, Moldovan national, living in Chişinău
Mrs Elena Botnari
Centru District Court, 02.11.2004
Social housing instead of the applicant’s house which was previously demolished by the local authorities
Obligation of the Chişinău Local Council to provide the applicant with accomodation
Article 6 of the Convention and Article 1 of Protocol No.1
Articles 8 and 14 of the Convention
12674/07,
01.03.2007
VARTIC Vasile, born on 13.02.1970, Moldovan national, living in Chişinău
Mr Anatolie Bîzgu
Supreme Court of Justice, 13.04.2006
Social housing case (internally displaced person)
Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
12755/07, 06.03.2007
OLIŞEVSCHI Grigore, born on 11.12.1955, Moldovan national, living in Chişinău
Mr Valeriu Pelin, lawyer, practising in Chişinău
Centru District Court, 03.03.2004
Social housing case (military)
Obligation of the Chişinău Local Council to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
13012/07,
03.01.2007
ŢURCAN Ion, born on 27.11.1961, Moldovan national, living in Chişinău
Mr Anatolie Bîzgu
Supreme Court of Justice, 31.03.2006
Social housing case (internally displaced person)
Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
13272/07, 09.01.2007
STRELŢOV Alexandru, born on 05.11.1961, Moldovan national, living in Căuşeni
Mr Anatolie Bîzgu
Supreme Court of Justice, 08.11.2006
Social housing case (internally displaced person)
Obligation of the Căuşeni Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
13278/07, 09.01.2007
TǍTǍROI Ion, born on 07.09.1958, Moldovan national, living in Căuşeni
Mr Anatolie Bîzgu
Supreme Court of Justice, 31.03.2006
Social housing case (internally displaced person)
Obligation of the Căuşeni Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
13279/07,
05.03.2007
BONDARI Valeriu, born on 06.05.1959, Moldovan national, living in Chişinău
Not represented
Chişinău Court of Appeal, 26.10.2005
Social housing case (Ministry of Internal Affairs)
Obligation of the Chişinău Local Council to provide the applicant with accomodation
Articles 6 and 13 of the Convention and Article 1 of Protocol No.1
13281/07, 26.02.2007
DǍNILǍ Ludmila, born on 18.05.1949, Moldovan national, living in Bălţi
Mr Alexandru Postica
Bălţi Court of Appeal, 20.06.2006
Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s family’s assets following deportation.
Obligation of Tătărăuca-Veche Local Council to pay the applicant
311,961 MDL
Article 6 of the Convention and Article 1 of Protocol No.1
13322/07, 15.01.2007
NACU Ilie, born on 5.3.1964, Moldovan national, living in Chişinău
Mr Anatolie Bîzgu
Supreme Court of Justice, 11.10.2006
Social housing case (internally displaced person)
Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
13333/07, 15.01.2007
GLOBA Angela, born on 22.09.1970, Moldovan national, living in Chişinău
Mr Anatolie Bîzgu
Supreme Court of Justice, 19.10.2006
Social housing case (internally displaced person)
Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
13339/07, 15.01.2007
TUDOREANU Ion, born on 8.9.1959, Moldovan national, living in Chişinău
Mr Anatolie Bîzgu
Supreme Court of Justice, 02.08.2006
Social housing case (internally displaced person)
Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
13355/07, 15.01.2007
CERNEŢCHI Elena, born on 15.02.1965, Moldovan national, living in Chişinău
Mr Anatolie Bîzgu
Supreme Court of Justice, 11.10.2006
Social housing case (internally displaced person)
Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
13368/07, 15.01.2007
LUNIOV Elena, born on 23.04.1966, Moldovan national, living in Chişinău
Mr Anatolie Bîzgu
Supreme Court of Justice, 03.03.2006
Social housing case (internally displaced person)
Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
15310/07, 17/03/2007
GUŢULEAC Leonid, born on 30.07.1965, Moldovan national, living in Chişinău
Mr Anatolie Bîzgu
Supreme Court of Justice, 17.01.2007
Social housing case (internally displaced person)
Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation
Article 6 of the Convention and Article 1 of Protocol No.1
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