Iulia BARANOV v Moldova - 20935/05 [2009] ECHR 2008 (10 November 2009)

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European Court of Human Rights

You are here: BAILII >> Databases >> European Court of Human Rights >> Iulia BARANOV v Moldova - 20935/05 [2009] ECHR 2008 (10 November 2009)
URL: http://www.bailii.org/eu/cases/ECHR/2009/2008.html
Cite as: [2009] ECHR 2008

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FOURTH SECTION

PARTIAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 20935/05

by Iulia BARANOV

and 15 other applications against Moldova

and

Application no. 12674/07 by Vasile VARTIC

and 8 other applications against Moldova and Russia

The European Court of Human Rights (Fourth Section), sitting on 10 November 2009 as a Chamber composed of:

Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ledi Bianku,
Mihai Poalelungi, judges,
and Lawrence Early, Section Registrar,

Having regard to the above applications lodged between 12 May 2005 and 17 March 2007,

Having deliberated, decides as follows:

THE FACTS

A. The circumstances of the case

The applicants, referred to in the attached table, are all Moldovan nationals. Their applications were lodged between 12 May 2005 and 17 March 2007.

In the cases of Baranov and 14 others the applicants raised complaints that local governments had failed to comply with final and binding judgments awarding them housing rights or money in lieu of housing and compensation in respect of pecuniary damage caused by unlawful expropriation during the Soviet regime or restitution of unlawfully confiscated property.

In the cases of Vartic and 9 others the applicants, who are internally displaced persons in the aftermath of the military conflict in the region of Trandniestria, raised complaints that local governments had failed to comply with final and binding judgments awarding them housing.

The facts of these cases, as submitted by the applicants, are set out in the attached table.

B. Relevant non-Convention material

The relevant non-Convention material has been set out in Olaru and Others v. Moldova, nos. 476/07, 22539/05, 17911/08 and 13136/07, 28 July 2009.

COMPLAINTS

The applicants complain of a breach of their rights guaranteed by Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention as a result of local authorities’ failure to comply with final judicial decisions delivered by domestic courts in their favour.

In the applications nos. 12674/07, 13012/07, 13272/07, 13278/07, 13322/07, 13333/07, 13339/07, 13355/07 and 13368/07 the complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 were also lodged against the Russian Federation.

In addition to these complaints, the applicants Ciorap and Conovali (applications nos. 32318/06 and 39503/06) also complain under Articles 8 and 14 of the Convention that the Moldovan authorities’ failure to enforce the final judgments in their favour infringed their right to home and private life and discriminated against them.

The applicant Modrânga (application no. 33328/06) also complains under Article 13 that he did not have at his disposal an effective domestic remedy for his complaints concerning the non-enforcement of the final judgment in his favour under Article 6 § 1 and Article 1 of Protocol No.1, as required by Article 13 of the Convention.

THE LAW

The Court notes that some of the above applications (nos.12674/07, 13012/07, 13272/07, 13278/07, 13322/07, 13333/07, 13339/07, 13355/07 and 13368/07) were also lodged against the Russian Federation. According to the applicants, they were forced to leave their homes in Transdniestria due to the actions of the Russian Federation, which contributed military, economically and politically to the creation and consolidation of the Transdniestrian separatist regime.

The Court notes that the subject matter of these applications concerns the failure of the Moldovan authorities to enforce final judgments of Moldovan courts obliging the Government of Moldova and the Chişinău Municipal Council to provide the applicants with apartments. It follows that in so far as the applications are brought against the Russian Federation they are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

In so far as the complaints lodged against Moldova are concerned, the Court considers that it cannot, on the basis of the case files, determine their admissibility and that it is therefore necessary, in accordance with Rule 54 § 2 (b) of the Rules of Court, to give notice of these applications to the Moldovan Government.

For these reasons, the Court, unanimously,

Declares inadmissible the complaints lodged by the applicants in so far as they relate to the Russian Federation;

Decides to adjourn the examination of the above applications in so far as they relate to Moldova.

Lawrence Early Nicolas Bratza
Registrar President

ANNEX TABLE

Application number and date of lodging	Applicant’s details	Representative	Final judgment	Case details	Award	Complaints under the Convention
20935/05, 12.05.2005	BARANOV Iulia, born on 23.05.1961, Moldovan national, living in Bălţi	Not represented	Edineţ District Court, 16.10.2003	Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s family’s assets following deportation.	Obligation of Edineţ local authorities to pay the applicant MDL 35,085	Article 6 of the Convention (in substance) – length of proceedings; Article 1 of Protocol No.1
27759/05, 20.07.2005	IRIZAN Nicolae, born on 19.11.1919, Moldovan national, living in Cahul, and REZAN Ion, born on 08.06.1922, Moldovan national, living in Cahul	Mr Alexandru Iuraşco, lawyer practising in Cahul	Cahul Court of Appeal, 20.10.2004	Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s assets following deportation.	Obligation of Cahul Local Council to pay the first applicant MDL 199,925 and the second applicant MDL 499,925	Article 6 of the Convention and Article 1 of Protocol No.1
7847/06, 03.02.2006	TÎRNOVEŢCHI Vasile, born on 21.12.1939, Moldovan national, living in Donduşeni	Mr Victor Marcu, lawyer, practising in Edineţ	Edineţ District Court, 26.04.2004	Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s family’s assets following deportation.	Obligation of Edineţ local authorities to pay the applicant MDL 81,202	Article 6 of the Convention and Article 1 of Protocol No.1
7851/06, 03.02.2006	STIHARI Tamara, born on 3.04.1932, Moldovan national, living in Cobani	Mr Victor Marcu, lawyer, practising in Edineţ	Edineţ District Court, 21.07.2004	Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s assets following deportation.	Obligation of Edineţ local authorities to pay the applicant MDL 73,190	Article 6 of the Convention and Article 1 of Protocol No.1
13431/06, 21.03.2006	SCHERLET Ana, born on 7.09.1937 Moldovan national, living in Cişmichioi	Mr Vanu Jereghi	Cahul District Court, 11.08.2003	Restitution of unlawfully confiscated property located in Cahul	Obligation of the Cahul Local Counci l to return unlawfully confiscated houses to the applicant	Article 6 of the Convention and Article 1 of Protocol No.1
21040/06, 06.05.2006	PROHOROV Vladimir, born on 16.08.1963, Moldovan national, living in Chişinău	Mr Vitalie Iordachi	Court of Appeal of the Republic of Moldova, 20.06.2000	Restitution of unlawfully confiscated property located in Chişinău	Obligation of the Chişinău Local Council to return unlawfully confiscated houses to the applicant	Article 6 of the Convention and Article 1 of Protocol No.1
27404/06, 22.06.2006	GÏNCU Leonte, date of birth unknown, Moldovan national, living in Mărcăuţi	Mrs Maria Pelin, lawyer, practising in Cojusna	Briceni District Court, 04.05.2001	Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s family’s assets following deportation.	Obligation of Briceni local authorities to pay the applicant MDL 228,510	Article 6 of the Convention and Article 1 of Protocol No.1
29012/06, 28.06.2006	PROŢAP Iurie, born on 28.06.1953, Moldovan national, living in Ungheni	Mr Victor Onoico	Bălţi District Court, 30.07.2003	Social housing case (Ministry of Internal Affairs)	Obligation of the Bălţi Local Council to provide the applicant’s family with accommodation	Article 6 of the Convention
32318/06, 19.04.2006	CIORAP Tudor, born on 27.10.1965, Moldovan national, living in Chişinău	Not represented	Chişinău Court of Appeal, 24.05.2006	Social housing case (military)	Obligation of the Chişinău Local Council to provide the applicant’s family with accomodation	Articles 8 and 14 of the Convention, Article 1 of Protocol No.1
33328/06, 26.07.06	MODRÄNGǍ Mariana, born on 12.06.1971, Moldovan national, living in Chişinău	Not represented	Centru District Court, 27.03.2002	Social housing case (military)	Obligation of the Chişinău Local Council to provide the applicant with accommodation	Articles 6 and 13 of the Convention and Article 1 of Protocol No.1
33455/06, 07.06.2006	DIACON Olga, born on 26.03.1977, Moldovan national, living in Chişinău	Not represented	Centru District Court, 21.09.2005	Social housing case	Obligation of the Chişinău Local Council to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
39503/06, 10.09.2006	CONOVALI Valentina, born on 14.08.1945, Moldovan national, living in Chişinău	Mrs Elena Botnari	Centru District Court, 02.11.2004	Social housing instead of the applicant’s house which was previously demolished by the local authorities	Obligation of the Chişinău Local Council to provide the applicant with accomodation	Article 6 of the Convention and Article 1 of Protocol No.1 Articles 8 and 14 of the Convention
12674/07, 01.03.2007	VARTIC Vasile, born on 13.02.1970, Moldovan national, living in Chişinău	Mr Anatolie Bîzgu	Supreme Court of Justice, 13.04.2006	Social housing case (internally displaced person)	Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
12755/07, 06.03.2007	OLIŞEVSCHI Grigore, born on 11.12.1955, Moldovan national, living in Chişinău	Mr Valeriu Pelin, lawyer, practising in Chişinău	Centru District Court, 03.03.2004	Social housing case (military)	Obligation of the Chişinău Local Council to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
13012/07, 03.01.2007	ŢURCAN Ion, born on 27.11.1961, Moldovan national, living in Chişinău	Mr Anatolie Bîzgu	Supreme Court of Justice, 31.03.2006	Social housing case (internally displaced person)	Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
13272/07, 09.01.2007	STRELŢOV Alexandru, born on 05.11.1961, Moldovan national, living in Căuşeni	Mr Anatolie Bîzgu	Supreme Court of Justice, 08.11.2006	Social housing case (internally displaced person)	Obligation of the Căuşeni Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
13278/07, 09.01.2007	TǍTǍROI Ion, born on 07.09.1958, Moldovan national, living in Căuşeni	Mr Anatolie Bîzgu	Supreme Court of Justice, 31.03.2006	Social housing case (internally displaced person)	Obligation of the Căuşeni Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
13279/07, 05.03.2007	BONDARI Valeriu, born on 06.05.1959, Moldovan national, living in Chişinău	Not represented	Chişinău Court of Appeal, 26.10.2005	Social housing case (Ministry of Internal Affairs)	Obligation of the Chişinău Local Council to provide the applicant with accomodation	Articles 6 and 13 of the Convention and Article 1 of Protocol No.1
13281/07, 26.02.2007	DǍNILǍ Ludmila, born on 18.05.1949, Moldovan national, living in Bălţi	Mr Alexandru Postica	Bălţi Court of Appeal, 20.06.2006	Compensation for pecuniary damage sustained by unlawful expropriation of the applicant’s family’s assets following deportation.	Obligation of Tătărăuca-Veche Local Council to pay the applicant 311,961 MDL	Article 6 of the Convention and Article 1 of Protocol No.1
13322/07, 15.01.2007	NACU Ilie, born on 5.3.1964, Moldovan national, living in Chişinău	Mr Anatolie Bîzgu	Supreme Court of Justice, 11.10.2006	Social housing case (internally displaced person)	Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
13333/07, 15.01.2007	GLOBA Angela, born on 22.09.1970, Moldovan national, living in Chişinău	Mr Anatolie Bîzgu	Supreme Court of Justice, 19.10.2006	Social housing case (internally displaced person)	Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
13339/07, 15.01.2007	TUDOREANU Ion, born on 8.9.1959, Moldovan national, living in Chişinău	Mr Anatolie Bîzgu	Supreme Court of Justice, 02.08.2006	Social housing case (internally displaced person)	Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
13355/07, 15.01.2007	CERNEŢCHI Elena, born on 15.02.1965, Moldovan national, living in Chişinău	Mr Anatolie Bîzgu	Supreme Court of Justice, 11.10.2006	Social housing case (internally displaced person)	Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
13368/07, 15.01.2007	LUNIOV Elena, born on 23.04.1966, Moldovan national, living in Chişinău	Mr Anatolie Bîzgu	Supreme Court of Justice, 03.03.2006	Social housing case (internally displaced person)	Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1
15310/07, 17/03/2007	GUŢULEAC Leonid, born on 30.07.1965, Moldovan national, living in Chişinău	Mr Anatolie Bîzgu	Supreme Court of Justice, 17.01.2007	Social housing case (internally displaced person)	Obligation of the Chişinău Local Council together with the Government to provide the applicant with accommodation	Article 6 of the Convention and Article 1 of Protocol No.1

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	European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> Iulia BARANOV v Moldova - 20935/05 [2009] ECHR 2008 (10 November 2009) URL: http://www.bailii.org/eu/cases/ECHR/2009/2008.html Cite as: [2009] ECHR 2008