Communicated on 13 June 2017
SECOND SECTION
Application no. 52053/15
Tatiana SIRENCO
against the Republic of Moldova
lodged on 14 December 2015
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s detention under house arrest and on remand for approximately three weeks. According to the applicant, the prosecutor’s application for her detention on remand did not contain any evidence to substantiate the reasonable suspicion that she had committed an offence. The judge that examined the application concluded that there were no reasons to believe that the applicant would abscond, influence witnesses or re-offend. Nevertheless, he ordered her house arrest. Several days later that decision was reversed on appeal and the applicant was placed in detention without any new reasons being given.
QUESTIONS tO THE PARTIES
1. Was the applicant deprived of her liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicant’s detention based on a reasonable suspicion that she had committed an offence (see Muşuc v. Moldova, no. 42440/06, §§ 29-34, 6 November 2007)?
2. Was the applicant’s detention based on relevant and sufficient reasons, as required by Article 5 § 3 of the Convention (see Buzadji v. the Republic of Moldova [GC], no. 23755/07, §§ 115-23, ECHR 2016 (extracts))?
Full & Egal Universal Law Academy