Published on 17 November 2025
FIFTH SECTION
Application no. 31359/18
Olga KRUGLOVA
against the Republic of Moldova and Russia
lodged on 26 June 2018
communicated on 27 October 2025
and 27 others – see appended list
SUBJECT MATTER OF THE CASES
The cases concern the applicants’ deprivation of liberty in the self‑proclaimed “Moldovan Republic of Transnistria” (the “MRT”) on the territory of the Republic of Moldova. Their main complaints concern the unlawfulness of their deprivation of liberty and the inadequacy of the material conditions of detention (Articles 3 and 5 of the Convention). Some applicants also complain about being subjected to ill-treatment, unlawful home searches, property seizures, bans on entering or leaving the “MRT” region, and conviction for various alleged criminal offences by unlawful courts in the “MRT”. Their complaints are described in detail in the appended table.
QUESTIONS TO THE PARTIES
1. In all applications, do the applicants come within the jurisdiction of the Republic of Moldova and/or Russia within the meaning of Article 1 of the Convention as interpreted by the Court in the cases of Lypovchenko and Halabudenco v. the Republic of Moldova and Russia (nos. 40926/16 and 73942/17, §§ 85-87, 20 February 2024), and Mozer v. the Republic of Moldova and Russia ([GC], no. 11138/10, §§ 99-111, 23 February 2016), on account of the circumstances of the present cases?
2. In all applications (except nos. 18626/20 and 21775/22), has there been a violation of Article 3 of the Convention? In particular:
(a) Were the relevant applicants detained in inhuman and/or degrading conditions of detention and were they provided with medical assistance required by their state of health (see, Lypovchenko and Halabudenco, cited above, §§ 105-111)?
(b) Were the relevant applicants subjected to ill-treatment by the “MRT authorities” (see, Ilaşcu and Others v. Moldova and Russia [GC], no. 48787/99, §§ 424-33, ECHR 2004-VII)?
3. In all applications, has there been a breach of Article 5 § 1 of the Convention? In particular:
(a) Were the applicants lawfully deprived of their liberty (see, Lypovchenko and Halabudenco, cited above, §§ 119-129)?
(b) In application no. 1190/23, was the applicant’s arrest by the “MRT authorities” on Moldovan territory “lawful”, within the meaning of Article 5 § 1 of the Convention (see, Filin v. the Republic of Moldova and Russia [Committee], no. 48841/11, §§ 43-49, 17 September 2019)? Did the Republic of Moldova fulfil its positive obligation to prevent the alleged abduction of the applicant from the territory under its control (El-Masri v. the former Yugoslav Republic of Macedonia [GC], no. 39630/09, § 239, ECHR 2012)?
(c) In application no. 44744/20, did the applicant’s forced conscription into the “MRT army” constitute a deprivation of liberty within the meaning of Article 5 of the Convention (see, Golub v. the Republic of Moldova and Russia [Committee], no. 48020/12, § 47, 30 November 2021)?
4. In respect of application no. 41937/21, did the Russian authorities comply with the interim measure indicated by the Court on 7 January 2022 under Rule 39 of the Rules of Court? If not, did the respondent Russian Government thereby hinder the effective exercise of the applicants’ right of individual application, as guaranteed by Article 34 of the Convention (see Mamatkulov and Askarov v. Turkey [GC], nos. 46827/99 and 46951/99, §§ 128-29, ECHR 2005-I)?
5. In respect of the remainder of the applicants’ complaints, do they disclose a violation of the Convention, as claimed by the applicants?
(a) In the relevant applications, has there been a violation of Article 6 of the Convention (see, Lypovchenko and Halabudenco, cited above, §§ 123‑129)?
(b) In the relevant applications, has there been a violation of Article 8 of the Convention?
(c) In the relevant applications, has there been a violation of Article 10 of the Convention?
(d) In the relevant applications, has there been a violation of Article 11 of the Convention?
(e) In application no. 41937/21, has there been a violation of Article 1 of Protocol No. 1 to the Convention?
(f) In the relevant applications, has there been a violation of Article 2 of Protocol No. 4 to the Convention?
(g) In all applications, has there been a violation of Article 13 of the Convention read in conjunction with the relevant complaints raised by the applicants?
APPENDIX
No.
Case name
Application no.
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Representative
Summary of facts
Complaints
Other complaints
1.
Kruglova v. the Republic of Moldova and Russia
31359/18
26/6/2018
Olga KRUGLOVA
1954
Tiraspol
Russian
Alexandru POSTICA,
Pavel CAZACU,
Galina CERNIENCO
On 1/12/2017 the applicant was taken into custody by the “MRT authorities”.
On 3/4/2018 the “MRT Supreme Court of Justice” finally convicted the applicant of hooliganism and sentenced her to two years and six months’ imprisonment.
She was detained between 1/12/2017-11/12/2017 in prison No. 1 “Hlinaia”, between 11/12/2017-20/1/2018 in “Tiraspol pre-trial detention centre No. 3”, between 20/1/2018-14/3/2018 in prison No. 3 “Caragas”, between 14/3/2018-20/4/2018 in “Tiraspol pre-trial detention centre No. 3”, and after 20/4/2018 in prison No. 3 “Caragas”.
Article 3 of the Convention (material conditions of detention in all prisons): deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/daylight, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 § 1 of the Convention.
2.
Vardiaşvili v. the Republic of Moldova and Russia
35496/18
23/6/2018
Serghei VARDIAŞVILI
1961
Dubasari
Belarusian, Moldovan
Alexandru POSTICA,
Nicoleta HRIPLIVII
On 20/11/2017 the applicant was denied entry into the “MRT” region and was taken into custody by the “MRT authorities” at approximately 1.25 p.m., after he began an argument with the “MRT border guards”. He was then forcibly removed from the bus and held handcuffed for three hours. Subsequently, he was transferred to the “Dubăsari militia pre-trial detention centre”, where he remained detained until his release at approximately 3 p.m. on the following day.
On 21/11/2017, the “Dubăsari District Court” imposed an administrative offence fine on the applicant on charges of “disobeying officials’ orders”. The applicant complained before the “MRT Supreme Court of Justice” about the unlawful deprivation of his liberty and about the conditions of his detention, but on 27/12/2017 the “MRT Supreme Court of Justice” upheld the decision of the “Dubăsari District Court” and rejected his claims.
The applicant filed complaints with the authorities of both Moldova and Russia on 20/11/2017 and 26/11/2017. The Moldovan authorities initiated an investigation into the bodily injuries sustained by the applicant; however, no investigation was launched concerning the alleged unlawful deprivation of liberty.
Article 3 of the Convention (material conditions of detention in the “Dubăsari militia pre-trial detention centre”): no food or water provided, deplorable state of cells, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of fresh air, lack of toiletries.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 § 1 of the Convention.
Article 2 of Protocol No. 4 to the Convention: lack of legal basis for the ban to enter “MRT”.
3.
Paslari v. the Republic of Moldova and Russia
35580/18
27/6/2018
Alexandr PASLARI
1987
Taraclia
Moldovan
Alexandru POSTICA,
Pavel CAZACU
On 20/7/2017 the applicant was taken into custody by the “MRT authorities”.
On 29/12/2017 the “Tiraspol district court” convicted the applicant of offering bribes and sentenced him to four years’ imprisonment with a probation period of five years. After being released from the “courtroom”, he fled the “MRT”.
He was detained between 20/7/2017-29/12/2017 in “Tiraspol militia pre-trial detention centre” and in “Tiraspol pre-trial detention centre No. 3”.
The applicant filed complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation on 17/5/2018 on charges of unlawful deprivation of liberty.
Article 3 of the Convention:
(i) inadequate or insufficient medical assistance in detention considering the applicant’s medical condition (severe allergies);
(ii) material conditions of detention in all prisons: deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 § 1 of the Convention
4.
Nemchenko v. the Republic of Moldova and Russia
37996/18
7/7/2018
Dmitry NEMCHENKO
1971
St Petersburg
Russian
Alexandru POSTICA
On 17/5/2008 the applicant was taken into custody by the “MRT authorities”.
On 11/9/2010 the “Tiraspol district court” convicted him of several criminal offences and sentenced him to 11 years’ imprisonment.
He was detained in: “Tiraspol pre-trial detention centre” between 17/5/2008-10/9/2010, “Hlinaia prison No. 1” between 17/5/2008-10/9/2010, and in “Tiraspol prison Nr. 2” between 11/9/2010-30/1/2018. He was released on 30/1/2018.
The applicant filed complaints with the authorities of both Moldova and Russia.
Article 3 of the Convention (material conditions of detention in all prisons): periodical solitary detention, deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 of the Convention.
5.
Kuzmiciov v. Russia
3762/19
9/1/2019
Ghenadie KUZMICIOV
1966
Hlinaia
Moldovan
Natalia TURCAN
On 27/7/2018 the applicant was allegedly abducted by “MRT agents” from territory controlled by the Moldovan authorities, after his car had been stopped by the Moldovan patrol police.
He was forcibly transported to the “MRT” and detained since then in “Hlinaia prison No. 1”. The applicant filed complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation based on his complaints. The applicant remained in detention at the time of lodging the application.
Article 3 of the Convention:
(i) ill-treatment in detention by “MRT agents”;
(ii) inadequate or insufficient medical assistance in detention considering the applicant’s medical condition (heart disease, kidney cancer);
(iii) material conditions of detention: solitary detention, deplorable state of cells, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 8 of the Convention:
(i) denied contact with family members;
(ii) screening of correspondence.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5 §§ 1 and 3, and Article 8 of the Convention
6.
V.H. and E.H. v. the Republic of Moldova and Russia
24535/19
30/4/2019
V.H.
1985
Nicoreni
Moldovan
E.H.
1957
Nicoreni
Moldovan
Alexandru POSTICA,
Pavel CAZACU
The applicants are mother and son.
On 6/8/2018 the first applicant was taken into custody by the “MRT authorities”. He was detained in the “Dubăsari militia pre-trial detention centre” between 6/8/2018-10/8/2018, and in “Hlinaia prison No. 1” between 11/8/2018-1/11/2018. During his detention he was not allowed to receive any visitors. On 1/11/2018 he was convicted by the “Dubăsari district court” of offering bribes and was sentenced to a fine equivalent to EUR 3,980. After he was released in the “courtroom”, he fled the “MRT”.
The first applicant filed complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation based on his complaints.
Article 3 of the Convention:
(i) inadequate or insufficient medical assistance in detention considering the applicant’s medical condition (HIV positive, latent tuberculosis, medium degree of disability);
(ii) material conditions of detention in all prisons: deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 8 of the Convention in respect of both applicants: unlawful restriction on visits between the applicants during the detention of the first applicant.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5 § 1, and Article 8 of the Convention.
7.
Cașutchina v. the Republic of Moldova and Russia
28398/19
18/5/2019
Liudmila CAȘUTCHINA
1957
Tiraspol
Russian
Alexandru POSTICA,
Pavel CAZACU
Xenia CAȘUTCHINA
On 10/3/2017 the applicant was taken into custody by the “MRT authorities”.
On 20/11/2018 the “MRT Supreme Court of Justice” finally convicted her of embezzlement and sentenced her to seven years and six months’ imprisonment.
She was detained in: “Tiraspol militia pre-trial detention centre”, “Tiraspol pre-trial detention centre” and in “Tiraspol prison Nr. 3”.
The applicant filed complaints with the authorities of both Moldova and Russia.
Article 3 of the Convention:
(i) inadequate or insufficient medical assistance in detention considering the applicant’s medical condition (heart diseases, high blood pressure);
(ii) material conditions of detention in all prisons: deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 8 of the Convention:
(i) screening of the applicant`s correspondence;
(ii) permanent monitoring of communication between the applicant and her visitors in the visiting area.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints raised under Article 3, Article 5 § 1, and Article 8 of the Convention.
8.
S.A. v. the Republic of Moldova and Russia
29358/19
23/5/2019
S.A.
1982
Tiraspol
Moldovan
Alexandru POSTICA,
Pavel CAZACU,
Leonid APCOV
On 8/8/2014 the applicant was taken into custody by the “MRT authorities”. On 15/3/2016 the “MRT Supreme Court of Justice” finally convicted the applicant of attempted murder and sentenced him to ten years and six months’ imprisonment.
He was detained in “Slobozia pre-trial detention centre” between 8/8/2014-20/9/2014 in “Tiraspol pre-trial detention centre” between 20/9/2014-29/1/2016 and in “Tiraspol prison No. 2” starting from 29/1/2016.
The applicant filed complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation on 2/7/2018 on charges of unlawful deprivation of liberty.
Article 3 of the Convention:
(i) inadequate or insufficient medical assistance in detention considering the applicant’s medical condition (HIV, epilepsy, degree of disability);
(ii) material conditions of detention in all prisons: deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention: deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 § 1 of the Convention.
9.
Caraman v. the Republic of Moldova and Russia
50777/19
16/9/2019
Vasilii CARAMAN
1967
Tiraspol
Moldovan
Alexandru POSTICA,
Raisa BOTNARI, Pavel CAZACU, Nicoleta HRIPLIVII
On 30/1/2008 the applicant was taken into custody by the “MRT authorities”. On 5/6/2009 the “MRT Supreme Court of Justice” finally convicted the applicant of attempted murder and sentenced him to 13 years’ imprisonment.
He was detained between 30/1/2008-16/3/2019 in “Slobozia pre-trial detention centre”, in “Tiraspol pre-trial detention centre No. 3” and in prison No. 1 “Hlinaia”.
The applicant filed complaints with the authorities of both Moldova and Russia.
Article 3 of the Convention (material conditions of detention in all prisons): deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 § 1 of the Convention.
10.
C.M. v. the Republic of Moldova and Russia
13895/20
5/3/2020
C.M.
1981
Tiraspol
Russian
Alexandru POSTICA,
Nicoleta HRIPLIVII,
Pavel CAZACU
On 4/10/2016 the applicant was taken into custody by the “MRT authorities”. On 5/6/2018 the “MRT Supreme Court of Justice” finally convicted the applicant of robbery and sentenced him to 12 years’ imprisonment.
He was detained in “Tiraspol militia pre-trial detention centre” between 4/10/2016-6/10/2016, in “Tiraspol pre-trial detention centre No. 3” between 6/10/2016-11/6/2018 and in “Hlinaia prison No. 1” starting from 11/6/2018.
The applicant filed complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation on 8/5/2018 on charges of unlawful deprivation of liberty.
Article 3 of the Convention:
(i) inadequate or insufficient medical assistance in detention considering the applicant’s medical condition (HIV, osteochondrosis and other back disorders);
(ii) material conditions of detention in all prisons: deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 8 of the Convention:
(i) screening of the applicant’s correspondence;
(ii) permanent monitoring of communication between the applicant and his wife in the visiting area.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5 § 1 and Article 8 of the Convention.
11.
Malyshev v. the Republic of Moldova and Russia
18626/20
28/4/2020
Nicolay MALYSHEV
1981
Tiraspol
Moldovan, Russian
Stepan POPOVSCHI
On 22/4/2019 the “MRT president’s office” refused to register the applicant’s complaint and at approximately 11.40 a.m. he was apprehended by the “MRT” security and transported to a police station after he tried to video record the refusal. He was released on the same day at approximately 16.45 p.m.
On 19/6/2019 the “Tiraspol District Court” administratively convicted the applicant for “disobeying officials’ orders” to stop video recording and imposed a fine on him. This decision was upheld on 23/9/2019 by the “MRT Supreme Court of Justice”.
The applicant complained to the “MRT police” about illegal deprivation of liberty. On 26/9/2019 the “MRT Supreme Court of Justice” finally dismissed the applicant’s complaint against the police’ refusal to investigate.
The applicant also challenged the refusal of the “MRT president’s office” to register his complaint, which was finally refused by the “MRT Supreme Court of Justice” on 28/11/2019.
Article 2 of Protocol No. 4 to the Convention in essence Article 5 § 1 of the Convention:
unlawful deprivation of liberty on 22/4/2019, between 11.40 a.m. and 16.45 p.m.
Article 6 § 1 of the Convention: tribunal established by law.
Article 10 of the Convention:
unlawful restriction of his right to impart information (by filming content of public interest).
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 6 § 1, Article 10 and Article 2 of Protocol No. 4 to the Convention.
12.
Eremenco v. the Republic of Moldova and Russia
35291/20
5/8/2020
Alexandr EREMENCO
1985
Bender
Moldovan
Alexandru POSTICA,
Nicoleta HRIPLIVII,
Pavel CAZACU
On 13/11/2010 the applicant was taken into custody by the “MRT authorities”.
On 28/5/2013 the “MRT Supreme Court of Justice” finally convicted him of several criminal offences and sentenced him to ten years’ imprisonment.
The applicant was detained in: “Bender pre-trial detention centre”, “Hlinaia pre-trial detention centre”, “Tiraspol pre-trial detention centre” and in “Tiraspol prison Nr. 2”.
On 13/11/2019 he was released. On 7/04/2020 the “MRT Supreme Court of Justice” upheld the decision of the “lower courts” to place the applicant under “administrative control” for a period of six years. This measure involved a restriction on leaving home between 11 p.m. to 6 a.m. and a requirement to report twice a month to “Bender police”.
The applicant filed complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation on 9/12/2019 on charges of unlawful deprivation of liberty.
Article 3 of the Convention (material conditions of detention in all prisons): deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 8 of the Convention: interference with private life following the placement under “administrative control”.
Article 2 of Protocol No. 4 to the Convention: lack of legal basis for the restriction to leave “MRT” following the placement under “administrative control”.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5 § 1, Article 8 of the Convention and Article 2 of Protocol No. 4 to the Convention.
13.
Rjavitin v. the Republic of Moldova and Russia
44744/20
29/9/2020
Alexandr RJAVITIN
1994
Pervomaisc
Moldovan
Alexandru POSTICA,
Nicoleta HRIPLIVII,
Pavel CAZACU
In 2015 the applicant was conscripted into the “MRT army”. Later that same year, he “deserted” by fleeing to Chișinău. He appeared on television shows where he spoke about the ill-treatment in the “MRT army”. In December 2019 he returned to his home in the “MRT”, and on 18/12/2019 he was taken into custody by the “MRT authorities”. He was detained between 19/12/2019-30/12/2019 in a “military prison” and between 30/12/2019-24/1/2020 in “Tiraspol prison No. 3”. On 24/1/2020 he was forcibly re-enlisted into the “MRT army” and compelled to continue his military service. On 19/6/2020 he managed to “desert” again and fled to Chișinău.
The applicant filed complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation on 31/12/2019 on charges of unlawful deprivation of liberty.
Article 3 of the Convention (material conditions of detention in all prisons): deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
(i) forced conscription into military service by unconstitutional authorities and not provided by law.
(ii) deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 8 of the Convention: he was restricted from receiving any visitors during his detention.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5 § 1, and Article 8 of the Convention
14.
Glijin v. the Republic of Moldova and Russia
41937/21
9/8/2021
Adrian GLIJIN
1979
Camenca
Moldovan
Tatiana GLIJIN
1980
Cuzmin
Moldovan
Vera GLIJIN
1958
Sanatauca
Moldovan
Vadim VIERU,
Pavel CAZACU
The applicants are a son, his mother, and his wife. On 7/10/2020 the first applicant was taken into custody by the “MRT authorities”. Since then, he has been detained in “Tiraspol pre-trial detention centre No. 3” and in “Hlinaia prison No. 1”. He remained in detention on the date of lodging this application.
During his detention, he was denied the right to receive any visitors, including applicant 2 (his mother) and applicant 3 (his wife). Allegedly, “criminal proceedings” were initiated against the applicant on charges of treason.
On 26/6/2021 a search was conducted at the home of applicant 2.
The applicant’s relatives filed complaints with the authorities of Moldova regarding the unlawful detention of the first applicant, and a criminal investigation was subsequently initiated.
On 7/1/2022 the Court granted an interim measure under Rule 39, indicating to the respondent Governments that: they should ensure respect for the Convention rights of the applicant, and they should provide the Court, within two weeks after the date of the Rule 39 decision, with information to show what actions and measures have been taken by their authorities to ensure respect for the Convention rights of the applicant. While the Moldovan Government replied to the Court’s request, no reply followed from the Russian Government.
Article 3 of the Convention:
(i) inadequate or insufficient medical assistance in detention considering the applicant’s medical condition (heart problems, high blood pressure, COVID-19);
(ii) material conditions of detention in all prisons: solitary detention, deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 34 of the Convention in respect of the Russian Federation: failure to comply with measures indicated under Rule 39
Article 8 of the Convention:
(i) in respect of all three applicants: unlawful restrictions on visits with applicant 1 during his detention.
(ii) in respect of applicant 2: unlawful search of her home on 26/6/2021.
Article 1 of Protocol No. 1 to the Convention in respect of applicant 2 concerning the search on 26/6/2021: unlawful seizure of property.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5 § 1 and Article 8 of the Convention and under Article 1 of Protocol No. 1 to the Convention.
15.
Mihalachi v. the Republic of Moldova and Russia
45501/21
6/9/2021
Vitali MIHALACHI
1988
Bender
Moldovan
Vadim VIERU,
Maria MIHALACHE, Pavel CAZACU
On 25/6/2015 the applicant was taken into custody by the “MRT authorities”. On 29/3/2016 the “MRT Supreme Court of Justice” finally convicted the applicant of drug trafficking and sentenced him to ten years’ imprisonment.
From 26/6/2015 onward, he was detained in “Tiraspol militia pre-trial detention centre”, in “Tiraspol pre-trial detention centre No. 3” and in “Tiraspol prison No. 2”.
The applicant filed criminal complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation on 6/7/2020 on charges of unlawful deprivation of liberty.
Article 3 of the Convention (material conditions of detention in all prisons): deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 § 1 of the Convention
16.
Iularji v. the Republic of Moldova and Russia
45504/21
4/9/2021
Anna IULARJI
2000
Tiraspol
Moldovan
Stepan POPOVSCHII
On 13/9/2020 the applicant participated in a dance party organised at an abandoned farm outside a village in the “MRT”. Around midnight, the party was interrupted by “MRT police” and all the participants were apprehended and taken to the “Bender police station”. The applicant’s phone was taken away, and all information stored on it was examined by “police”.
The applicant was released at approximately 7.30 a.m. the following day. On 2/11/2020 the “Bender district court” disregarded the applicant’s complaints of ill-treatment and discontinued the “contravention proceedings” against her, citing the absence of constituent elements of an offence. On 8/12/2020 the “MRT Supreme Court of Justice” returned the applicant’s appeal without examination. The applicant received a copy of the reasoned decision on 24/7/2021. In the course of administrative proceedings, the applicant complained about the unlawful deprivation of liberty, ill-treatment and interference with private life, but to no avail.
Article 3 of the Convention:
(i) material: verbal insults, threats, a body search conducted in the presence of male officers, forced to undress down to her lingerie, compelled to lie on the ground for extended periods;
(ii) procedural: failure to investigate the allegations of ill-treatment.
Article 5 § 1 of the Convention:
Illegal deprivation of liberty.
Article 8 of the Convention: Interference with private life after illegal access of personal data on the applicant’s phone.
Article 11 of the Convention: restriction of the right to freedom of peaceful assembly not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5, Article 8, and Article 11 of the Convention.
17.
Volcov v. the Republic of Moldova and Russia
45510/21
8/9/2021
Maxim VOLCOV
1999
Tiraspol
Moldovan
Stepan POPOVSCHII
On 13/9/2020 the applicant participated in a dance party organised at an abandoned farm outside a village in the “MRT”. Around midnight, the party was interrupted by “MRT police” and all the participants were apprehended and taken to the “Bender police station”.
The applicant was released at approximately 8 a.m. the following day. On 17/11/2020 the “Bender district disregarded the applicant’s complaints of ill-treatment and discontinued the “contravention proceedings” against him, citing the absence of constituent elements of an offence. On 10/12/2020 the “MRT Supreme Court of Justice” returned the applicant’s appeal without examination. The applicant received a copy of the reasoned decision on 24/7/2021.
In the course of administrative proceedings, the applicant complained about the unlawful deprivation of liberty, ill-treatment and interference with private life, but to no avail.
Article 3 of the Convention:
(i) material: verbal insults, threats, forced to lie on the ground for extended periods;
(ii) procedural: failure to investigate the allegations of ill-treatment.
Article 5 § 1 of the Convention:
Illegal deprivation of liberty.
Article 11 of the Convention: restriction of the right to freedom of peaceful assembly not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5, and Article 11 of the Convention.
18.
Carpiza v. the Republic of Moldova and Russia
45517/21
8/9/2021
Nicolae CARPIZA
1997
Tiraspol
Moldovan, Russian
Stepan POPOVSCHII
On 13/9/2020 the applicant participated in a dance party organised at an abandoned farm outside a village in the “MRT”. Around midnight, the party was interrupted by “MRT police” and all participants were apprehended and taken to the “Bender police station”. The applicant’s phone was taken away, and all information stored on it was examined by “police”.
The applicant was released at approximately 9.30 a.m. the following day. On 17/12/2020 the “Bender district court” disregarded the applicant’s complaints of ill-treatment and discontinued the “contravention proceedings” against him, citing the absence of constituent elements of an offence. On 21/1/2021 the “MRT Supreme Court of Justice” returned the applicant’s appeal without examination. The applicant received a copy of the reasoned decision on 29/7/2021.
In the course of administrative proceedings, the applicant complained about the unlawful deprivation of liberty, ill-treatment and interference with private life, but to no avail.
Article 3 of the Convention:
(i) material: verbal insults, threats, physical assault, denial of access to toilet facilities, forced to lie on the ground and to stand facing a wall with hands raised for extended periods;
(ii) procedural: failure to investigate the allegations of ill-treatment.
Article 5 § 1 of the Convention:
Illegal deprivation of liberty.
Article 8 of the Convention: Interference with private life after illegal access of data on the applicant’s phone.
Article 11 of the Convention: restriction of the right to freedom of peaceful assembly not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5, Article 8, and Article 11 of the Convention.
19.
Dolgopolov v. the Republic of Moldova and Russia
47762/21
2/9/2021
Alexandra DOLGOPOLOV
1997
Bender
Ukrainian
Stepan POPOVSCHII
On 13/9/2020 the applicant participated in a dance party organised at an abandoned farm outside a village in the “MRT”. Around midnight, the party was interrupted by “MRT police” and all participants were apprehended and taken to the “Bender police station”. The applicant’s phone was taken away, and all information stored on it was examined by “police”.
The applicant was released at approximately 5.30 a.m. the following day. On 24/12/2020 the “Bender district court” disregarded the applicant’s complaints of ill-treatment and discontinued the “contravention proceedings” against her, citing the absence of constituent elements of an offence. On 9/2/2021 the “MRT Supreme Court of Justice” returned the applicant’s appeal without examination. The applicant received a copy of the reasoned decision on 29/7/2021.
In the course of administrative proceedings, the applicant complained about the unlawful deprivation of liberty, ill-treatment and interference with private life, but to no avail.
Article 3 of the Convention:
(i) material: verbal insults, threats, denial of access to toilet facilities, a body search conducted in the presence of male officers, forced to undress down to her lingerie, compelled to lie on the ground and to stand facing a wall with hands raised for extended periods;
(ii) procedural: failure to investigate the allegations of ill-treatment.
Article 5 § 1 of the Convention:
Illegal deprivation of liberty.
Article 8 of the Convention: Interference with private life after illegal access of data on the applicant’s phone.
Article 11 of the Convention: restriction of the right to freedom of peaceful assembly not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5, Article 8, and Article 11 of the Convention.
20.
Levin v. the Republic of Moldova and Russia
47765/21
10/9/2021
Iulianna LEVIN
1999
Dubăsari
Russian
Stepan POPOVSCHII
On 13/9/2020 the applicant participated in a dance party organised at an abandoned farm outside a village in the “MRT”. Around midnight, the party was interrupted by “MRT police” and all participants were apprehended and taken to the “Bender police station”. The applicant’s phone was taken away, and all information stored on it was examined by “police”.
The applicant was released at approximately 8 a.m. the following day. On 26/10/2020 the “Bender district court” disregarded the applicant’s complaints of ill-treatment and discontinued the “contravention proceedings” against her, citing the absence of constituent elements of an offence. On 8/12/2020 the “MRT Supreme Court of Justice” returned the applicant’s appeal without examination. The applicant received a copy of the reasoned decision on 16/3/2021.
In the course of administrative proceedings, the applicant complained about the unlawful deprivation of liberty, ill-treatment and interference with private life, but to no avail.
Article 3 of the Convention:
(i) material: verbal insults, threats, a body search conducted in the presence of male officers, forced to undress down to her lingerie, compelled to lie on the ground for extended periods;
(ii) procedural: failure to investigate the allegations of ill-treatment.
Article 5 § 1 of the Convention:
Illegal deprivation of liberty.
Article 8 of the Convention: Interference with private life after illegal access of data on the applicant’s phone.
Article 11 of the Convention: restriction of the right to freedom of peaceful assembly not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5, Article 8, and Article 11 of the Convention.
21.
Udodov v. the Republic of Moldova and Russia
47909/21
2/9/2021
Aleksandr UDODOV
1998
Dnestrovsk
Moldovan
Stepan POPOVSCHII
On 13/9/2020 the applicant participated in a dance party organised at an abandoned farm outside a village in the “MRT”. Around midnight, the party was interrupted by the “MRT police” and all participants were apprehended and taken to the “Bender police station”. The applicant’s phone was taken away, and all information stored on it was examined by “police”.
The applicant was released at approximately 7.30 a.m. the following day. On 6/11/2020 the “Bender district court” disregarded the applicant’s complaints of ill-treatment and discontinued the “contravention proceedings” against him, citing the absence of constituent elements of an offence. On 9/12/2020 the “MRT Supreme Court of Justice” returned the applicant’s appeal without examination. The applicant received a copy of the reasoned decision on 20/7/2021.
In the course of administrative proceedings, the applicant complained about the unlawful deprivation of liberty, ill-treatment and interference with private life, but to no avail.
Article 3 of the Convention:
(i) material: verbal insults, threats, physical assault, denial of access to toilet facilities, forced to stand facing a wall with hands raised for extended periods;
(ii) procedural: failure to investigate the allegations of ill-treatment.
Article 5 § 1 of the Convention:
Illegal deprivation of liberty.
Article 8 of the Convention: Interference with private life after illegal access of personal data on the applicant’s phone.
Article 11 of the Convention: restriction of the right to freedom of peaceful assembly not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5, Article 8, and Article 11 of the Convention.
22.
Medvedeva v. the Republic of Moldova and Russia
47910/21
2/9/2021
Yuliya MEDVEDEVA
1999
Tiraspol
Moldovan
Stepan POPOVSCHII
On 13/9/2020 the applicant participated in a dance party organised at an abandoned farm outside a village in the “MRT”. Around midnight, the party was interrupted by “MRT police” and all participants were apprehended and taken to the “Bender police station”. The applicant’s phone was taken away, and all information stored on it was examined by “police”.
The applicant was released at approximately 8 a.m. the following day. On 6/11/2020 the “Bender district court” disregarded the applicant’s complaints of ill-treatment and discontinued the “contravention proceedings” against her, citing the absence of constituent elements of an offence. On 8/12/2020 the “MRT Supreme Court of Justice” returned the applicant’s appeal without examination. The applicant received a copy of the reasoned decision on 18/3/2021.
In the course of administrative proceedings, the applicant complained about the unlawful deprivation of liberty, ill-treatment and interference with private life, but to no avail.
Article 3 of the Convention:
(i) material: verbal insults, threats, a body search conducted in the presence of male officers, forced to undress down to her lingerie, compelled to lie on the ground and to stand facing a wall with hands raised for extended periods;
(ii) procedural: failure to investigate the allegations of ill-treatment.
Article 5 § 1 of the Convention:
Illegal deprivation of liberty.
Article 8 of the Convention: Interference with private life after illegal access of data on the applicant’s phone.
Article 11 of the Convention: restriction of the right to freedom of peaceful assembly not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5, Article 8, and Article 11 of the Convention.
23.
Lomaca v. the Republic of Moldova and Russia
8412/22
2/2/2022
Ruslan LOMACA
1990
Poiana
Moldovan
Vadim VIERU, Ludmila LOMACA,
Pavel CAZACU
On 5/8/2020 the applicant was taken into custody by the “MRT border guards” after crossing the Dniester river on a boat. He was charged with drug trafficking and placed under arrest. At the time of lodging the application, the applicant was still awaiting “trial”.
Since 5/8/2020 he has been detained in “Camenca militia pre-trial detention centre” and in “Hlinaia prison No. 1”.
The applicant filed criminal complaints with the prosecutor’s offices of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation on 3/9/2020 on charges of unlawful deprivation of liberty.
Article 3 of the Convention:
(i) inadequate or insufficient medical assistance in detention considering the applicant’s medical condition (his spleen was removed);
(ii) material conditions of detention in all prisons: deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention: deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 § 1 of the Convention
24.
Corovai v. the Republic of Moldova and Russia
20796/22
12/4/2022
Igor COROVAI
1983
Tiraspol
Moldovan
Vadim POGORLEŢCHII
On 28/2/2016 the applicant was taken into custody by the “MRT authorities”.
On 1/3/2017 the “Tiraspol district court” convicted the applicant of several criminal offences and sentenced him to 21 years’ imprisonment.
The applicant was detained in: “Tiraspol pre-trial detention centre”, “Bender pre-trial detention centre”, “Dubasari pre-trial detention centre” and in prison No. 1 “Hlinaia”.
The applicant filed complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation on 10/5/2018 on charges of unlawful deprivation of liberty.
Article 3 of the Convention (material conditions of detention in all prisons): periodical solitary detention, deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 § 1 of the Convention
25.
Coţofan v. the Republic of Moldova and Russia
21775/22
18/04/2022
Iurie COȚOFAN
1961
Cocieri
Moldovan
Nicoleta HRIPLIVÎI,
Vadim VIERU,
Pavel CAZACU
The applicant is a veteran of Transnistrian armed conflict, civil rights activist and a local MP in Corjovo village local administration. He lived with his mother in Corjovo, which is under the de facto control of the “MRT authorities”. On 11/8/2020 the applicant was banned from entering the “MRT region” for three years. On 1/12/2021 he avoided “MRT checkpoints” and visited his mother in Corjovo. Upon his return the applicant was apprehended by the “MRT authorities” and detained for three hours in the courtyard of “Dubăsari police station”. In 2020 and 2021 the Moldovan authorities opened two criminal cases on account of the applicant’s entry ban to the “MRT region” and his illegal deprivation of liberty. The applicant’s complaint to the Russian Federation Prosecutor’s Office was left without examination.
Article 5 § 1 of the Convention:
unlawful deprivation of liberty in the “Dubăsari police station” for three hours on 1/12/2021.
Article 8 of the Convention:
restricted access to his home and family due to his entry ban to the “MRT region”.
Article 2 of Protocol No. 4 to the Convention: lack of legal basis for the ban to enter “MRT”.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 5 § 1, Article 8 and Article 2 of Protocol No. 4 to the Convention.
26.
Pleşkanov and Lopuşneac v. the Republic of Moldova and Russia
50690/22
17/10/2022
Victor PLEŞKANOV
1964
Tiraspol
Moldovan
Oxana LOPUŞNEAC
1977
Tiraspol
Moldovan
Stepan POPOVSCHII,
Pavel CAZACU, Vadim VIERU
The applicants are husband and wife. On 10/6/2022 the “Tiraspol District Court” administratively convicted the first applicant of hooliganism and sentenced him to five days’ arrest after he purchased Ukrainian flags with the intention of hanging them outside his flat, in the context of the war in Ukraine. He was arrested in the “courtroom”.
On 15/6/2022 the “MRT Supreme Court of Justice” upheld the administrative conviction.
After serving the five-day prison term, he remained in detention, having been charged with “incitement to extremism” following his anti-war and anti-MRT posts on social media.
On 11/6/2022 the applicants’ home was searched and their property seized.
He was detained in the “Slobozia Militia Pre-Trial Detention Centre” and in “Tiraspol Prison No. 3”. He remained in detention on the date of lodging this application.
Article 3 of the Convention:
(i) inadequate or insufficient medical assistance in detention considering the applicant’s medical condition (depression and attempted suicide);
(ii) material conditions of detention in all prisons: periodical solitary detention, deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 6 § 1 of the Convention: tribunal established by law in the administrative proceedings.
In respect of both applicants: Article 8 of the Convention:
- unlawful restriction on visits by relatives.
Article 10 of the Convention: persecution for public expression of opinion.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5 § 1, Article 6 § 1, Article 8 and Article 10 of the Convention.
27.
Pogorleţchii v. Republic of Moldova and Russia
8/23
16/12/2022
Vadim POGORLEŢCHII
1968
Tiraspol
Moldovan, Russian
Vadim VIERU, Pavel CAZACU
On 25/8/2022 he was taken into custody by the “MRT authorities”. On the same day, the “Tiraspol District Court” convicted him and sentenced him to seven days of contravention arrest for allegedly failing to comply with orders from “MRT KGB agents” to cease photographing a military unit.
Since that date, the applicant’s relatives have been unable to visit him. Allegedly, criminal proceedings were initiated against him on charges of treason.
On 31/8/2022 the applicant’s home in the MRT was searched by the “MRT authorities”.
He was detained between 25/8/2022-1/9/2022 in the “Tiraspol militia pre-trial detention centre”, and since 1/9/2022 he has been detained in the “Tiraspol pre-trial detention centre No.3”.
The applicant’s relatives filed complaints with the prosecutor’s offices of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation based on their complaints.
Article 3 of the Convention (material conditions of detention in all prisons): deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 8 of the Convention:
(i) illegal search of the applicant’s home.
(ii) he was restricted from receiving any visitors during his detention.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3, Article 5 § 1, Article 8 of the Convention.
28.
Dudnic v. the Republic of Moldova and Russia
1190/23
26/12/2022
Vladimir DUDNIC
1988
Chișinău
Moldovan
Vadim VIERU, Liviu DUDNIC,
Pavel CAZACU
On 5/4/2022 the applicant was abducted by individuals identified as “MRT agents” from the territory under the control of the Moldovan authorities and was subsequently transferred by force to the “MRT”.
He was “charged” of felony and detained in “Tiraspol militia pre-trial detention centre” and in “Tiraspol pre-trial detention centre No.3”.
The applicant filed complaints with the authorities of both Moldova and Russia. The Moldovan authorities initiated a criminal investigation based on his complaints.
The applicant remained in detention at the time of lodging the application.
Article 3 of the Convention (material conditions of detention in all prisons): deplorable state of cells, overcrowding, smoking, lack of or insufficient electric/day light, lack of or inadequate hygienic facilities, lack of or poor quality bedding and bed linen, lack of fresh air, lack of toiletries, poor quality food and water.
Article 5 § 1 of the Convention:
Abduction from territory controlled by the Moldovan authorities and deprivation of liberty ordered by unconstitutional authorities and not provided by law.
Article 13 of the Convention: absence of any effective remedy in respect of the complaints under Article 3 and Article 5 § 1 of the Convention.