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Chamber judgments concerning the Republic of Moldova, Montenegro, Poland, Portugal, Romania, and Turkey


Source: hudoc

The European Court of Human Rights has notified in writing on 17th of September 2013 the following nine Chamber Judgments - none of which are final.

Danalachi v. the Republic of Moldova (application no. 25664/09)

The applicant, Angela Danalachi, is a Moldovan national who was born in 1972 and lives in Cantemir (Republic of Moldova). She was convicted of misappropriation and ordered to pay a fine in a judgment which became final in November 2008. On 20 February 2009, a court replaced the fine, which she had failed to pay, with an order for her detention for 12 months, and she was detained on the same day. The judgment was quashed by the appeal court on 12 March 2009, as Ms Danalachi had not been represented by a lawyer. She was released on 31 March 2009, her fine having been paid in the meantime. Relying in particular on Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights, Ms Danalachi complained that her detention had been unlawful after the appeal court had quashed the judgment ordering her detention.

Violation of Article 5 § 1

Just satisfaction: EUR 5,000 (non-pecuniary damage)

Fazlı Kaya v. Turkey (no. 24820/05)

The applicant, Fazlı Kaya, is a Turkish national who was born in 1960 and is currently serving a prison sentence in Edirne (Turkey). He was convicted of membership of an illegal organisation and sentenced to 12 years and six months’ imprisonment in a judgment which was eventually upheld in December 2004. Relying in particular on Article 6 § 3 (c) (right to a fair trial / right to legal assistance of own choosing), Mr Kaya complained that he had been denied access to a lawyer during his police custody.

Violation of Article 6 § 3 (c) in conjunction with Article 6 § 1 – on account of the lack of legal assistance available to the applicant while in police custody

Just satisfaction: EUR 1,500 (non-pecuniary damage) and EUR 1,000 (costs and expenses)

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  • Geographical area: Europe
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