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343.435(478):341.231.14 (1) |
Offences against fundamental liberties, human rights (211) |
Persons and things in international law (1006) |
SM ISO690:2012 POZNEACOVA, Veronica. Analiza hotărârii CtEDO de constatare a încălcării art. 3 de către Republica Moldova prin neinvestigarea maltratării de către persoanele fizice. In: European integration through the strengthening of education, research, innovations in Eastern Partnership Countries, Ed. 2, 16-17 mai 2022, Chisinau. Chişinău: 2022, Ediția 2, Partea 2, pp. 242-249. |
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European integration through the strengthening of education, research, innovations in Eastern Partnership Countries Ediția 2, Partea 2, 2022 |
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Conferința "European integration through the strengthening of education, research, innovations in Eastern Partnership Countries" 2, Chisinau, Moldova, 16-17 mai 2022 | ||||||
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CZU: 343.435(478):341.231.14 | ||||||
Pag. 242-249 | ||||||
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According to the provisions of the European Convention on Human Rights, the right not to be subjected to torture, inhuman and degrading treatment is an absolute right, which cannot be restricted even in the most difficult situations, such as the fight against terrorism and organized crime. Despite the absolute prohibition of application of ill-treatment, the art. 3 of the Convention remains one of the most frequently violated articles by the authorities of the Republic of Moldova. In the period 2019-2022 the court found violation of the right not to be subjected to ill-treatment by the non-investigation of the applicant’s ill-treatment by the natural person and the non-provision of medical assistance during the detention, which determined the serious the victim’s health deterioration. ECtHR developed the standards, which apply to the qualification of violation of art. 3 in the aspect of the state’s positive obligation to investigate the ill-treatments caused by the physical persons if the authorities known about the risk of mistreatment of the victim and had fallen the implementation of reasonable measures to prevent such illtreatment. In this study, we analyze the violation of the art. 3 founded by the ECtHR in the case Povestca v. Republic of Moldova application no. 33968/16 of 7 September 2007, decision of 1 February 2022, and the importance of this decision for the increasement of the effectiveness of the investigation of ill-treatment. |
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Cuvinte-cheie natural person, positive obligations, physical force, physical injury, human rights, persoane fizice, obligaţii pozitive, forţă fizică, vătămări corporale, drepturile omului |
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