Communicated on 15 January 2021
Published on 1 February 2021
SECOND SECTION
Application no. 18059/16
Tudor GUZUN against the Republic of Moldova
and 2 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern alleged entrapment by or under supervision of State agents, in order to provoke the commission of criminal offences. They raise an issue under Article 6 § 1 of the Convention.
Application no. 18059/16 concerns, in addition, the alleged failure to produce and verify certain evidence in favour of the defence, as well as a general issue of fairness of the proceedings before the Chișinău Court of Appeal, which scheduled multiple cases at the same time and reserved some 15 minutes to each. Moreover, an official declared to several TV channel reporters that the applicant had taken a bribe, before any court decision finding so. These aspects raise additional issues under Article 6 §§ 1 and 2 of the Convention.
QUESTIONS TO THE PARTIES
1. Has there been a violation of Article 6 § 1 of the Convention in each of the cases mentioned above? In particular, was each of the applicants the victim of “entrapment” into committing a criminal offence (see Ramanauskas v. Lithuania [GC], no. 74420/01, ECHR 2008)?
2. In application no. 18059/16, has there been a breach of Article 6 § 1 in terms of ensuring observance of the principle of “equality of arms” (Murtazaliyeva v. Russia [GC], no. 36658/05, 18 December 2018)?
3. Has there been a breach of Article 6 § 2 of the Convention in application no. 18059/16 (Popovici v. Moldova, nos. 289/04 and 41194/04, 27 November 2007)?
APPENDIX
List of applications
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
18059/16
Guzun
v. the Republic of Moldova
28/03/2016
Tudor GUZUN
1986
Porumbeni
Moldovan
2.
48999/16
Canila
v. the Republic of Moldova
08/08/2016
Ruslan CANILA
1983
Glodeni
Moldovan
Vasile LUCANOVSCHI
3.
81258/17
Priguza
v. the Republic of Moldova
20/11/2017
Constantin PRIGUZA
1956
Straseni
Moldovan
Doina Ioana
STRĂISTEANU
Full & Egal Universal Law Academy