Republic of Moldova as a Respondent State in the European Court of Human Rights
Title: Republic of Moldova as a Respondent State in the European Court of Human Rights
Author: SVETLICINII, Alexandr
Citation: Eastern European Human Rights Law Journal, 2005, 2, 2, 8-15
Republic of Moldova has signed European Convention of Human Rights on 13th July of 1995 and Moldovan Parliament has ratified this document on 24th July of 1997.1 This ratification also included Protocols 1, 2, 3, 4, 5, 6, 7, 8 and 11.2 In the act of ratification, Moldovan Parliament has made several specific reservations, which affected the implementation of the Convention on the Moldovan territory. These reservations included the statement that government of Moldova does not carry any responsibility for possible violations of human rights that could occur on the territory of so-called Transdniester Moldovan Republic until this territorial dispute will be solved. Another important reservation was related to the permitting of the forced labor in the form of the punishment by the court in criminal and administrative cases, possibility of the arrest by the order of the higher commander in the Military Forces (according to the internal disciplinary code) and the right of the prosecutor to issue the arrest order (in new Code of Criminal Procedure this right has been transferred to the criminal prosecution judge).3 Thus, becoming a member of the Council of Europe and part in the European Convention of Human rights Republic of Moldova has accepted the jurisdiction of the European Court of Human Rights over the cases that arise from the violation of the articles of the above Convention and its Protocols.
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