The European Court of Human Rights (ECtHR) on Tuesday, 20 February, issued its judgment in the case of Lypovchenko and Halabudenco v. Moldova and Russia, which concerns allegations of various violations of the rights of the applicants that took place in the Transnistrian region between 2015 and 2022, Promo-LEX Association announced in a statement.

The Court stressed that the Russian Federation, by constantly exercising effective control over the Transnistrian region through political, economic and military support to the separatist authorities, bears “responsibility for serious human rights abuses committed in the region. These serious abuses highlight the lack of redress available to the complainants and demonstrate the need for urgent action to end the Russian Federation’s impunity”.

Before the Court, the applicant Lypovcenko alleged violations of his rights under Articles 3 (right not to be subjected to torture), 5 § 1 (right to liberty), 6 § 1 (right to a fair trial), 13 (right to an effective remedy) and 34 of the Convention (right to complain to the Court). The Court acknowledged the violation of those provisions and ordered the Government of the Russian Federation to pay the applicant the sum of EUR 26 000 as non-material damage and the sum of EUR 4 000 as costs and expenses relating to legal representation and assistance provided by the lawyers of Promo-LEX in the proceedings before the Court.

According to Promo-LEX, Oleg Halabudenco’s complaints related to interference with his professional activities, confiscation of property and restrictions imposed on his freedom of movement, as well as the lack of an effective remedy for these violations.

“Before the Court, the applicant alleged violations of his rights under: Article 5 (right to liberty), Article 6 (right to fair justice), Article 8 (right to privacy), Article 1 Protocol 1 (right to property), Article 2 of Protocol No. 4 (right to freedom of movement), Article 13 (right to an effective remedy). The Court recognised the violation of these rights and ordered the Government of the Russian Federation to pay the applicant the sum of €6,500 as non-material damage.

Significantly for both cases, the Russian Federation made considerable efforts to convince the Court of the efficiency of the “judicial system” of the “mn”.  The Russian Government misrepresented the “judicial system” of the “mn”, claiming, unfoundedly, that it complied with the standards of the European Convention on Human Rights. It acknowledged the lack of regulation of certain issues mentioned by the complainant in the course of the proceedings (organisation of the judicial system, independence of the disciplinary body of judges, lack of a transparent system for the allocation of cases). But it considers these issues as ‘temporary shortcomings’ which do not affect the system as a whole,” the Association’s statement said.

Nicoleta Hripliviyi, a Promo-LEX lawyer, argues that “the fact that Moldova has not been held accountable today does not exclude being held accountable tomorrow”.

“This victory gives us hope, as it is another step in our efforts to hold the Russian Federation accountable for the serious abuses committed in the Transnistrian region by the Tiraspol regime. Their attempts to legitimise the dysfunctional judicial system in the so-called ‘rmn’ have been thwarted. Their failure is proof of the huge difference between the reality in the region and the false image presented by Russia. It is essential to recognise that respect for fundamental rights and the fight against impunity are essential obligations of states, regardless of the geopolitical context.

The Court reiterates Russia’s responsibility for violations in the region and obliges the Republic of Moldova to use all legal instruments to protect human rights on its territory. The fact that the Republic of Moldova has not been held accountable today, does not exclude being held accountable tomorrow. It is a clear call to all parties involved to take concrete steps to ensure justice and the protection of human rights, thus giving hope to the complainants that justice will eventually prevail, even if it seems illusory today.”

Another Promo-LEX lawyer involved in the case, Alexandru Postica, noted that this is the first ruling by the ECtHR since Russia’s war in Ukraine, which will determine how similar cases before the Court at an advanced stage of examination are dealt with.