issued by the Registrar of the Court
ECHR 119 (2021)
13.04.2021
Judgments of 13 April 2021
The European Court of Human Rights has today notified in writing five judgments1:
two Chamber judgments are summarised below;
separate press releases have been issued for three other Chamber judgments in the cases of: E.G.
v. Republic of Moldova (application no. 37882/13), Murat Aksoy v. Turkey (no. 80/17), and Ahmet
Hüsrev Altan v. Turkey (no. 13252/17).
The judgments summarised below are available only in French.
Scripnic v. the Republic of Moldova (application no. 63789/13)
The applicants, Sergiu Scripnic and Maia Scripnic, are two Moldovan nationals who were born in
1974 and 1977 respectively. They are husband and wife and live in Ciorescu (Republic of Moldova).
The case concerned an alleged case of medical negligence resulting in the death of a new-born child.
In 2003 Maia Scripnic was admitted to the maternity ward of a hospital in Chișinău. There she gave
birth to a baby girl who died the day after the birth. The couple filed a complaint the same year,
asking the prosecutor's office to establish the criminal responsibility of those allegedly involved in
their daughter's death. In 2009 a doctor was indicted. Then, in the same year, a court discontinued
the criminal proceedings against this doctor because his criminal liability had become time-barred.
This judgment became final.
In 2010 the applicants also brought a civil action for damages against the doctor in question and the
hospital. In 2011 a court partly upheld their action, awarding them approximately EUR 3,700 for
non-pecuniary damage and for costs and expenses. In 2012 the Court of Appeal awarded them, in
addition, a sum corresponding to the costs of the child's burial, and upheld the rest of the first-
instance judgment. In 2013 the Supreme Court of Justice upheld this ruling.
Relying in substance on Article 2 (right to life) of the European Convention, the applicants alleged
that they had not obtained appropriate relief in relation to their daughter's death, which they claim
had been caused by medical negligence.
Violation of Article 2
Just satisfaction:
Non-pecuniary damage: 15 000 euros (EUR) (to the applicants jointly)
Istrate v. Romania (no. 44546/13)
The applicant, Mr Vlad Istrate, is a Romanian national who was born in 1984 and lives in Oravita
(Romania).
1
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: http://www.coe.int/t/dghl/monitoring/execution - _blank
