Mr Lypovchenko was arrested in 2015 by the de facto “MRT” authorities for criticising the “MRT” on
social media. He was convicted in 2016 of incitement to extremism and sentenced to three and a
half years’ imprisonment; he served the sentence in full in an “MRT” prison.
Mr Halabudenco, a part-time lecturer at a university in Tiraspol (a city in the “MRT”), was
apprehended in 2016 and remanded in custody on charges of taking a bribe from a student. He was
released after posting bail. However, the de facto “Tiraspol City Court” subsequently rescinded the
decision to release the applicant on bail and issued an arrest warrant. The bail he had previously
posted was later forfeited and paid into the “MRT treasury”. He had in the meantime left the
Transnistrian region.
Relying on Articles 5 (right to liberty and security) and 6 (right to a fair trial) of the European
Convention, Mr Lypovchenko complains that his arrest and conviction were unlawful. He also relies
on Article 3 (prohibition of inhuman or degrading treatment) to complain that his detention
conditions were inadequate, principally because of overcrowding, lack of medical care and being
forced to have psychiatric treatment when he went on hunger strike. He also alleges that the de
facto “MRT” authorities prevented him from properly communicating with the European Court, in
breach of Article 34 (right of individual petition).
Relying on Article 8 (right to respect for private life) and Article 2 of Protocol No. 4 (freedom of
movement) to the Convention, Mr Halabudenco complains that he could no longer travel to the
Transnistria region of the Republic of Moldova because of the arrest warrant against him or continue
his professional activities there. He also alleges a breach of Article 1 of Protocol No. 1 (protection of
property) because of the forfeiture of the amount that he had posted as bail.
Both applicants complain under Article 13 (right to an effective remedy) that they had no effective
remedies in respect of their complaints.
Violation of Article 3 in respect of the first applicant by the Russian Federation and no violation by
the Republic of Moldova
Violation of Article 5 § 1 in respect of the first applicant by the Russian Federation and no violation
by the Republic of Moldova
Violation of Article 6 in respect of the first applicant by the Russian Federation and no violation by
the Republic of Moldova
Violation of Article 1 of Protocol No. 1 in respect of the second applicant by the Russian Federation
and no violation by the Republic of Moldova
Violation of Article 2 of Protocol No. 4 in respect of the second applicant by the Russian Federation
and no violation by the Republic of Moldova
Violation of Article 13 read in conjunction with Articles 3 (prohibition of inhuman or degrading
treatment), 5 (right to liberty and security) and 6 (right to a fair trial) in respect of the first applicant
and of Article 13 read in conjunction with Article 1 of Protocol No. 1 and Article 2 of Protocol No. 4
in respect of the second applicant, by the Russian Federation and no violation by the Republic of
Moldova
No violation of Article 34 in respect of the first applicant
Just satisfaction:
The Court held that the Russian Federation was to pay EUR 26,000 to the first applicant and
EUR 6,500 to the second applicant in respect of non-pecuniary damage, as well as EUR 4,000 to each
applicant in respect of costs and expenses.
The applicant, Angelica Diaconeasa, is a Romanian national who was born in 1953 and lives in Lupeni
(Romania).
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