Деятельность Европейского Суда по Правам Человека по молдавским делам в 2018 году

The analysis revealed that in 2018, the ECHR registered 814 complaints against the Republic of Moldova, which is 7.4% more than in 2017. This increase is attributed to a decrease in the number of complaints filed against Turkey, Russia, and Hungary. Despite the decrease in the number of complaints filed against these countries, the number of complaints filed against the Republic of Moldova remains high. In 2018, citizens of the Republic of Moldova filed complaints with the ECHR 2.5 times more frequently than the average in Europe. This high number of complaints indicates a lack of trust in the country's legal system. Between 1998 and 2018, the ECHR registered 14,200 complaints against Moldova. As of December 31, 2018, 1,204 complaints were still pending review, which is 8.5% of the total number of complaints. Moldova ranks 11th among 47 European Convention on Human Rights (ECHR) member states in terms of the number of pending complaints. Of the 1,204 pending complaints, only 7% (84 complaints) were sent to a single judge for review, indicating that they were deemed clearly inadmissible. 62% of the pending complaints (740 complaints) were distributed to a three- or seven-judge panel, while 270 complaints were sent to the government. All of these complaints have a high likelihood of success. The number of pending complaints with a high likelihood of success is twice the number of complaints in which Moldova was found guilty since 1997. As of December 31, 2018, the ECHR had issued judgments in 387 cases against the Republic of Moldova, of which 33 were issued in 2018. Moldova significantly outperforms Germany, Spain, and the Netherlands, which joined the ECHR long before Moldova and have a much larger population. Among the 361 judgments in which the case was considered on the merits without the possibility of appeal, only 15 (4.1%) found that the Republic of Moldova did not violate the ECHR provisions. The most common violations established in cases involving Moldova include non-enforcement of national court judgments (old decisions), incompetent investigation of cases of torture and deaths, detention in poor conditions, unlawful detention, and unlawful revocation of final court judgments. In 33 judgments issued in 2018, the ECHR found 46 cases of ECHR violations. 27 of these (59%) relate to two ECHR articles: Article 3 (prohibition of torture) and Article 5 (right to liberty and security). The most important judgments issued in 2018, from a legal standpoint, include the "Guzha No. 2" case, the "Gorunov" case, and the "O.R. and L.R." case. The "Guzha No. 2" case concerns the repeated dismissal of the applicant from their position for disclosing information about the employer's wrongdoing. The "Gorunov" case is related to the applicant's detention for more than five months, when this measure was not necessary and lawful, and the "O.R. and L.R." case concerns the improper investigation of torture in April 2009 and the lenient punishment of perpetrators. Based on the judgments and decisions issued up to December 31, 2018, the court ordered the Moldovan government to pay 16,643,172 euros. Of this amount, 14,366,837 euros (234,050 euros in 2018) were awarded based on court judgments, and 2,287,333 euros (87,201 euros in 2018) were awarded based on peaceful settlement of disputes or unilateral statements made by the government. The total amount awarded by the ECHR in cases against Moldova up to December 31, 2018, exceeds the total budget of the judicial institutions in 2015 (approximately 15,715,000 euros).