On 8 October, the Department for the Execution of Judgments met with representatives of the Supreme Court of Justice and the Superior Council of Magistrates of the Republic of Moldova to provide an overview of the most pressing issues pending before the Committee of Ministers and to raise awareness on their important role in the execution of the European Court’s judgments.
At the meeting, the participants discussed a number of issues in more detail, notably the reasoning of court decisions ordering detention on remand and the applicability of the domestic remedy to obtain compensation for unlawful arrests (Sarban), the domestic remedy to challenge lack of medical assistance in detention (Cosovan), the reopening of criminal proceedings following a European Court’s decision or judgment (Repesco and Repescu), breaches of the principle of legal certainty (Popov no. 2 and Dacia S.R.L.), violations of the right to a fair trial on account of domestic courts’ failure to address the applicants’ main arguments in support of their civil claims (Lebedinschi), and unfairness of criminal proceedings on account of convictions in second instance without direct examination of evidence following an acquittal in the first instance (Dan).
The meeting took place in the context of a study visit organised in the framework of the EU-CoE joint Project “Support to the Justice Reform in the Republic of Moldova” and the CoE Project “Strengthening the Institutional Capacity of the Supreme Court of Justice of the Republic of Moldova” implemented by the Co-operation Programmes Division of the Department for the Implementation of Human Rights, Justice and Legal Co-operation standards of the Council of Europe.
