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Moldovan reintegration policies bureau issues commentary on European top court's rulings in two cases

18:31 | 12.05.2017 Category: Official

Chisinau, 12 May /MOLDPRES/ – The Reintegration Policy Bureau issued a comment on the European Court of Human Rights’ (ECHR) judgments in cases of Eriomenco Vitalie and Paduret Dumitru.

We offer you the full text of the comment:

"On 09 May 2017, the European Court of Human Rights issued two other decisions confirming the grave violation of human rights in the Transnistrian region. Thus, in the case of businessman Vitalie Eriomenco (42224/11), the Court found violation of several rights, including the right not to be subjected to torture and inhuman and degrading treatment (article 3), the right to liberty and security (article 5), the right to private and family life (article 8), the right to property (article 1 of Protocol No. 1 to the Convention) and the right to refer the matter to the Court (article 34). And in the case of Dumitru Paduret (26626/11) it was found violation of the right to property (article 1 of Protocol No. 1 to the Convention).

In its judgments, the Court found that Moldova has honored its positive obligations vis-à-vis the applicants, both in terms of measures taken to restore control over the districts on the left bank of the Dniester river, and in respect of ensuring respect for the rights of the applicants. The approach in the existing negotiation platforms of V. Eriomenco and D. Paduret cases by the involvement of the law enforcement agencies and summoning repeatedly the political representative in the process of negotiations for the Transnistrian settlement of Tiraspol to take measures, prompting them to contribute to the restoration and protection of the inalienable rights of the applicants and their fundamental freedoms.

Based on the similar precedents created by the cases of Ilascu and others, Catan and others, Mozer, etc., the High Court found that by exercising effective control over the territory of the Transnistrian region of Moldova and the continuing political, economic and military support to the alleged Tiraspol administrations, the Russian Federation is responsible for the violation of the applicants’ rights provided by the ECHR.

Despite the constitutional authorities’ efforts to ensure and protect human rights in the Transnistrian region, the situation remains alarming. The Reintegration Policy Bureau is constantly informed about various abuses and violations of human rights, and the circumstances of each case are brought to the attention of Moldovan law enforcement bodies.

The increasing awareness of international partners/organizations and diplomatic missions on human rights violations on the left bank of the Dniester is one of the priorities in the Bureau’s work, with the objective of mobilizing external support, redressing the situation in this area and establishing viable monitoring the mechanisms of human rights situation and to increase the level of protection of their promoters in the Transnistrian region.

Regretfully, however, we find that Tiraspol representatives are constantly evading the development and implementation of an international monitoring mechanism of the human rights situation in the region, defying the commitments undertaken in the area of ​​free movement, avoiding the solution of the pressing problems of the population, ignores constant appeals of Chisinau to return to the constructive dialogue, pre-tensions the situation in the region, and carries out mass media misinformation campaigns.

We strongly condemn the unilateral actions of Tiraspol representatives that have a negative impact on the human rights situation in the region and we appeal to them to contribute to the plenary implementation of international standards on human rights by ensuring the protection and guaranteeing respect for the inalienable rights and freedoms of all persons".

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