The Council of Europe has conducted a legal analysis of the Law No. 1545/1998, which addresses compensation for damage caused by unlawful acts by the criminal investigation authorities, prosecution and courts. This analysis was provided at the request of the Ministry of Justice.

The expertise evaluates the law’s compatibility with the European Convention on Human Rights, case law of the European Court of Human Rights, and practices of the Committee of Ministers of the Council of Europe regarding the execution of the Court’s judgments, etc.

Key aspects of the analysis include the provision of compensation and measures of redress in accordance with Articles 13 and 5(5) of the European Convention on Human Rights, and Article 3 of Protocol No. 7 for damage caused by miscarriages attributable to the domestic justice system.

The main recommendation suggests the development and adoption of a new legislative act to address the range of amendments needed. This approach is advised to rectify the existent legislative deficiencies, including those related to compensating damages resulting from violations concerned with the administration of criminal justice, including contraventional proceedings.

The full text of the legal expertise can be downloaded here.

The assessment has been prepared within the framework of the Council of Europe project “Strengthening the human rights compliant criminal justice system in the Republic of Moldova”, which is part of the Council of Europe Action Plan for the Republic of Moldova for 2021-2024.