Communicated on 24 January 2018
SECOND SECTION
Application no. 44592/16
Ala BOBOC and Others against the Republic of Moldova
and 6 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
All the applications mentioned above concern alleged ill-treatment or excessive use of force committed by State agents or with their alleged approval, as well as the allegedly insufficient investigation into the complaints about such ill-treatment or excessive use of force (this latter respect does not concern application no. 24737/15). Some raise additional issues under Articles 2 (concerning the death of a person during the public unrest in April 2009), 3 (conditions of detention and medical treatment of detainees) and 5 § 3 (reasons for extending detention pending trial), as shown in the included Appendix.
QUESTIONS tO THE PARTIES
1. In each application listed above, has there been a violation of Article 3 of the Convention? In particular, was each applicant (or their relative, in the case of Mr Boboc’s parents and wife) subjected to ill‑treatment or excessive use of force by State agents (see, among many other authorities, Bouyid v. Belgium [GC], no. 23380/09, §§ 81-90, ECHR 2015 and Ciorap v. the Republic of Moldova (no. 5), no. 7232/07, §§ 43-47 and 64, 15 March 2016)?
2. In each application listed above (except application no. 24737/15), has an effective investigation, within the meaning of Article 3, been carried out in respect of the complaints about ill-treatment or excessive use of force (see, for instance, Jeronovičs v. Latvia [GC], no. 44898/10, §§ 103-107, ECHR 2016)?
3. In application no. 44592/16, has there been a violation of Article 2 of the Convention due to the excessive use of force against the applicants’ son/husband? Has there been an effective investigation into that death (see, for instance, Mustafa Tunç and Fecire Tunç v. Turkey [GC], no. 24014/05, §§ 169-182, 14 April 2015)? Can the applicants still claim to be victims of a violation of Article 2?
4. In applications nos. 4670/16, 11272/16 and 33968/16, did each applicant receive medical treatment while in detention, as required by his condition (see, for instance, Mozer v. the Republic of Moldova and Russia [GC], no. 11138/10, § 178, ECHR 2016)?
5. Have the applicants in applications nos. 12591/15, 11272/16 and 33968/16 been detained in conditions incompatible with the requirements of Article 3 of the Convention (see, for instance, Muršić v. Croatia [GC], no. 7334/13, §§ 96-141, ECHR 2016 and Khlaifia and Others v. Italy [GC], no. 16483/12, § 158-167, ECHR 2016 (extracts))? Did the applicant in application no. 11272/16 have an effective remedy, as required by Article 13 of the Convention, in respect of this complaint under Article 3 (see Shishanov v. the Republic of Moldova, no. 11353/06, §§ 123-139, 15 September 2015)?
6. Has there been a breach of Article 5 § 3 of the Convention in application no. 4670/16 as a result of the repeated extensions of the applicant’s detention pending trial, considering his inability to move (see, for instance, Sarban v. Moldova, no. 3456/05, §§ 92-104, 4 October 2005)?
APPENDIX
Name and application no.
Date of introduction
Complaints
1.
Boboc and others, no. 44592/16
22 July 2016
Article 2 – death of V.B. (the applicants’ son/husband) at the hands of the police and insufficient investigation
Article 3 – V.B.’s ill-treatment during the events and insufficient investigation; impunity
2.
Levinte, no. 12591/15
28 February 2015
Article 3 – ill-treatment during arrest and insufficient compensation.
3.
Cretu, no. 24737/15
7 May 2015
Article 3 – ill-treatment after the public unrest in April 2009 and insufficient investigation thereof
4.
Canuda, no. 4670/16
11 January 2016
Article 3 - ill-treatment during arrest and insufficient investigation; insufficient medical treatment and inhuman conditions of detention
Article 5 § 3 – insufficient reasons for extending detention pending trial, in view of the applicant’s disability
5.
Nitu, no. 11272/16
21 February 2016
Article 3 – excessive use of force against a vulnerable detainee; absence of specialised (psychiatric) medical treatment so as to prevent the applicant from being subjected to violence from the prison guards and cellmates; inhuman conditions of detention
Article 13 – absence of a remedy in respect of conditions of detention
6.
Povestca, no. 33968/16
7 September 2016
Article 3 – ill-treatment during arrest and insufficient investigation
7.
Matveev, no. 36601/16
18 June 2016
Article 3 – ill-treatment during arrest and insufficient investigation
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