SECOND SECTION

DECISION

Application no. 57123/14 Nichita IPATE against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 9 November 2021 as a Committee composed of:

Carlo Ranzoni, President, Valeriu Griţco, Marko Bošnjak, judges, and Hasan Bakırcı, Deputy Section Registrar,

Having regard to the above application lodged on 26 July 2014,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Nichita Ipate, is a Moldovan national, who was born in 1971 and lives in Cricova. He was represented before the Court by Ms M. Semenihin, residing in Cricova.

The applicant was ill-treated while in detention on 28 November and 3 December 2005, allegedly by several police officers.

In the criminal proceedings that ensued, one officer (B.) was convicted of exceeding his powers by applying violence. That judgment was eventually upheld by the Supreme Court of Justice on 26 November 2013. He also won separate civil proceedings against the State and was awarded a total of 25,000 Moldovan lei (the equivalent of approximately 1,500 euros at the relevant time).

The applicant was represented by Ms M. Semenihin, a lawyer practising in Cricova.

The applicant’s complaints under Article 3 of the Convention concerning his ill-treatment were communicated to the Moldovan Government (“the Government”).

THE LAW

Complaints under Article 3 of the Convention (B.’s alleged impunity and small amount of compensation)

The Court reiterates that under Article 35 of the Convention it shall not deal with any application that is substantially the same as a matter that it has already examined. It notes that the applicant lodged numerous applications (some 25) and made them in a confusing manner, submitting in respect of one application documents which he considered relevant to another one.

On 5 June 2015 the Court declared inadmissible the applicant’s application no. 3845/14 concerning the above-mentioned events.

It follows that the application is substantially the same as a matter that has already been examined by the Court (see Harkins v. the United Kingdom (dec.) [GC], no. 71537/14, §§ 41-42, 15 June 2017) and must be rejected in accordance with Article 35 §§ 2 (b) and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 2 December 2021.

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Hasan Bakırcı Carlo Ranzoni Deputy Registrar President