P ublished on 6 April 2021

SECOND SECTION

Applications nos. 10105/18 and 29015/18 Ștefan ZOLOTAREOV against the Republic of Moldova and Sergiu RUSU against the Republic of Moldova lodged on 15 February 2018 and 9 June 2018 respectively communicated on 19 March 2021

SUBJECT MATTER OF THE CASE

The applications concern primarily alleged entrapment into committing an offence.

Application no. 10105/18 also concerns the higher court ’ s failure to examine directly evidence before reversing the applicant ’ s acquittal, as well as the court ’ s relying on new accusations not made by the prosecution.

Each applicant complains about a violation of Article 6 § 1 (fairness of the criminal proceedings against them, notably a failure to properly verify whether he was the victim of police entrapment). The applicant in application no. 10105/18 also complains of a violation of Article 6 § 1 (reversal of his acquittal by a higher court without examining the evidence directly and without ensuring adversarial proceedings), and Article 6 § 3(a) about the failure to inform him on time about the change of the accusation against him, which was moreover not made by the prosecution, but apparently by the court.

Both cases raise issues under Article 6 § 1 of the Convention, while application no. 10105/18 also raises an issue under Article 6 § 3(a).

QUESTIONS TO THE PARTIES

1. In each application, has there been a breach of Article 6 § 1 of the Convention? In particular, was each of the applicants the victim of “entrapment” into committing a criminal offence (see Ramanauskas v. Lithuania [GC], no. 74420/01, ECHR 2008)?

2. In application no. 10105/18, has there been a breach of Article 6 § 1 on account of a failure to ensure adversarial proceedings, notably the higher court ’ s failure to examine directly the evidence before reversing the applicant ’ s acquittal ( Popovici v. Moldova , nos. 289/04 and 41194/04, 27 November 2007)?

3. In application no. 10105/18, has there been a breach of Article 6 § 1 and § 3(a) on account of the alleged reliance by the court on new accusations not made by the prosecution ( Mattoccia v. Italy , no. 23969/94, ECHR 2000 ‑ IX)?

APPENDIX

Application no . 10105/18

No.

Applicant ’ s Name

Birth year

Nationality

Place of residence

1Ștefan ZOLOTAREOV

1990Moldovan

Cosauti

Application no . 29015/18

No.

Applicant ’ s Name

Birth year

Nationality

Place of residence

1Sergiu RUSU

1985Moldovan

Sestaci