The Russian Federation, by constantly exercising effective control over the Transnistrian region through political, economic and military support provided to the separatist authorities, assumes responsibility for the serious human rights abuses committed in the region. This is the finding of the European Court of Human Rights that passed its judgment in the case of Lypovchenko and Halabudenco v. Moldova and Russia. The case concerns allegations of various violations of applicants’ rights in the breakaway “Moldovan Republic of Transnistria” between 2015 and 2022, IPN reports.

Before the Court, the applicant Lypovcenko complained about the violation of the right not to be subjected to torture, the rights to liberty and to a fair trial. The Court acknowledged the violation of those provisions and ordered that the Government of the Russian Federation should pay the applicant €26,000 in respect of non-pecuniary damages and €4,000 court costs, lawyers of the Promo-LEX Association, who represented the applicants before the Court, told a press conference.

The other applicant, Oleg Halabudenco, complained about the confiscation of property and restrictions imposed on his freedom of movement, and also about the lack of an effective remedy for these violations. The Court recognized the violation of those rights and ordered the Government of the Russian Federation to pay the applicant €6,500 in damages.

Promo-LEX notes that significant for both cases was that, in this case, the Russian Federation made considerable efforts to convince the Court of the efficiency of the “judicial system of the “MRT”.  The Russian government presented an erroneous description of the “judicial system” of the “MRT”, claiming, baselessly, that this complies with the standards of the European Convention on Human Rights. It acknowledged the lack of regulations for certain aspects mentioned by the complainant, but considered these aspects as “temporary deficiencies” that do not affect the system as a whole.

Nicoleta Hriplivyi, lawyer at Promo-LEX, said that the Court reiterated Russia’s responsibility for violations in the region and obliged the Republic of Moldova to use all legal instruments to protect the human rights on its territory. The fact that the Republic of Moldova has not been held accountable today does not preclude accountability tomorrow. It is a clear call on all parties involved to take concrete steps to ensure justice and protection of human rights, thus offering hope to claimants that justice will ultimately prevail, even if today it seems illusory.

Alexandru Postica, Promo-LEX lawyer, noted that, being the first ECHR judgment following the outbreak of Russia’s war against Ukraine, it will determine how to approach similar cases pending before the Court and which were at an advanced stage of examination.