CEDH · PRESS;GENERAL;ENG — 18 février 2003

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .s3C4DB099 { margin-top:0pt; margin-bottom:0pt; text-align:left; font-size:10pt } .s1D88E995 { width:7.81pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS     149   18.3.2003   Press release issued by the Registrar   On-the-Spot Investigation in the case of Ilaşcu, Leşco, Ivanţoc and Petrov-Popa v. Moldova and Russia   A delegation of four judges of the European Court of Human Rights (Grand Chamber) composed of Mr Georg Ress (German), Sir Nicolas Bratza (British), Mr Josep Casadevall (Andorran) and Mr Egil Levits (Latvian) took evidence from 43 witnesses in Chişinău and Tiraspol (Moldova) from Monday 10 March 2003 to Saturday 15 March 2003 in the case of Ilaşcu and Others v. Moldova and Russia . The hearings took place on the premises of the OSCE Mission to Moldova in Chişinău, in a prison in Tiraspol and at the headquarters of the “Operative Group of Russian Forces in the Transdniestrian Region of the Republic of Moldova” in Tiraspol. The witnesses heard included the applicants themselves, political figures and officials from Moldova, representatives of the prison service in Tiraspol and officers of the Russian army.   The applicants had been convicted in 1993 of various crimes by a court of the “Moldovan Republic of Transdniestria”, a region of Moldova which had declared its independence in 1991 but is not recognised by the international community. The first applicant had been sentenced to capital punishment and the other three applicants to prison sentences of between 12 and 15 years. The judgment was subsequently declared unconstitutional by the Supreme Court of Moldova. Three of the applicants are still being detained in Transdniestria, while the first applicant was released on 5 May 2001 and is now living in Romania.   Before the European Court of Human Rights the applicants complain, under Article 6 (right to a fair trial) of the European Convention on Human Rights, of the proceedings which led to their conviction in 1993 and claim that their detention since then has been unlawful and thus contrary to Article 5 (right to liberty and security).   They also complain of the conditions of their detention, relying expressly on Article 3 (prohibition of inhuman or degrading treatment) and Article 8 (right to respect for private life and correspondence) and, in substance, on Article 34 (right not to be hindered in the effective exercise of the right of individual application). They further complain, under Article 1 of Protocol No. 1 (protection of property) to the Convention, of the confiscation of their possessions. On account of his death sentence, the first applicant in addition alleges a violation of Article 2 (right to life).   The applicants consider that the Moldovan authorities are responsible under the Convention for the alleged violations of their Convention rights since they have not taken adequate measures to stop them. They further contend that the Russian Federation shares that responsibility as the territory of Transdniestria was and continues to be under Russia’s de facto control owing to the stationing of its troops and military equipment and its alleged support of the separatist regime.   The Republic of Moldova ratified the Convention on 12 September 1997 and the Russian Federation on 5 May 1998.   The Grand Chamber of the Court declared the application admissible on 4 July 2001, following a hearing on admissibility and merits.   The Court will in due course determine the further procedure to be followed in the case.   *** Further information about the Court can be found on its Internet site (http://www.echr.coe.int).     Registry of the European Court of Human Rights F - 67075 Strasbourg Cedex Contacts :   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Joanna Reynell (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.