Begu v. Romania (no. 20448/02)*
The applicant, Ion Begu, is a Romanian national who was born in 1975 and lives in
Caracal (Romania). In his capacity as an officer of the criminal investigation department,
he was suspected of having solicited money from a person suspected of fraud and false
imprisonment to spare him from being remanded in custody. The applicant complained
about the proceedings instituted against him for accepting bribes, following which he was
sentenced to two years’ imprisonment. Relying on Article 5 §§ 2, 3 and 4 (right to liberty
and security), he complained that he had not been informed of the reasons for his
arrest, that he had not been brought promptly before a judge or other officer authorised
by law to exercise judicial power – particularly because his pre-trial detention had been
extended by military judges – and that his pre-trial detention had been unlawful and
excessively lengthy. Under Article 6 §§ 1, 2 and 3 (c) (right to a fair hearing), he
complained that the criminal proceedings against him had been unfair, alleging in
particular that the military court and the military court of appeal were not independent
and impartial tribunals because they were attached to the Ministry of Defence; that his
right to be presumed innocent had been infringed on account of statements made by the
Prime Minister during a teleconference on “discipline in the Romanian police”; and, that
the prosecuting authorities had compelled him to be assisted by a State-appointed
lawyer during a body search, despite the fact that he had asked to be represented by a
lawyer of his choosing. The applicant also complained, under Article 8 (right to respect
for private life), of the interception at the police headquarters of his conversation with
the person suspected of fraud and false imprisonment. Relying on Article 1 of Protocol
No. 1 (protection of property), he further submitted that items placed under seal by the
authorities during a search of his home had not subsequently been returned to him.
Violation of Article 5 § 3
Violation of Article 1 of Protocol No. 1
Just satisfaction: EUR 5,200 (non-pecuniary damage) and EUR 1,000 (costs and
expenses)
Shandrov v. Russia (no. 15093/05)
The applicant, Dmitriy Shandrov, is a Russian national who was born in 1976 and lives in
Raduzhnyy (Moscow Region, Russia). Relying on Article 6 § 1 (right to a fair hearing), he
complained that he had not been given an opportunity to attend an appeal hearing in a
case in which he had sought compensation from the local authorities for injuries he had
sustained during a hostage-taking incident in May 2003.
Violation of Article 6 § 1 (fairness)
Just satisfaction: the finding of a violation sufficient just satisfaction for non-pecuniary
damage
Repetitive cases
The following cases raise issues which have already been submitted to the Court.
Sizov v. Russia (no. 33123/08)
Yoldaş and Others v. Turkey (nos. 23706/07, 37912/07, 43801/07, 54514/07,
56503/07, 1033/08, 1522/08 and 2635/08)*
These cases concerned the applicants’ complaints concerning the excessive length of
their pre-trial detention on charges of having set fire to three cars (first case), and for
belonging to an armed illegal organisation (second case). They relied on Article 5 § 3
(right to liberty and security). The applicants in the case of Yoldaş and Others also
relied on Article 6 § 1 (right to a fair trial within a reasonable time).
Violation of Article 5 § 3 – Mr Sizov and 1st, 2nd, 3rd, 4th, 6th and 8th
applicants in Yoldaş and Others
2