GUZUN v. THE REPUBLIC OF MOLDOVA and 2 other applications

Doc ref: 18059/16;48999/16;81258/17 • ECHR ID: 001-207911

Document date: January 15, 2021

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GUZUN v. THE REPUBLIC OF MOLDOVA and 2 other applications

Doc ref: 18059/16;48999/16;81258/17 • ECHR ID: 001-207911

Document date: January 15, 2021

Cited paragraphs only

Communicated on 15 January 2021 Published on 1 February 2021

SECOND SECTION

Application no. 18059/16 Tudor GUZUN against the Republic of Moldova and 2 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The applications concern alleged entrapment by or under supervision of State agents, in order to provoke the commission of criminal offences. They raise an issue under Article 6 § 1 of the Convention.

Application no. 18059/16 concerns, in addition, the alleged failure to produce and verify certain evidence in favour of the defence, as well as a general issue of fairness of the proceedings before the Chișinău Court of Appeal, which scheduled multiple cases at the same time and reserved some 15 minutes to each. Moreover, an official declared to several TV channel reporters that the applicant had taken a bribe, before any court decision finding so. These aspects raise additional issues under Article 6 §§ 1 and 2 of the Convention.

QUESTION S TO THE PARTIES

1. Has there been a violation of Article 6 § 1 of the Convention in each of the cases mentioned above? 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. 18059/16, has there been a breach of Article 6 § 1 in terms of ensuring observance of the principle of “equality of arms” ( Murtazaliyeva v. Russia [GC] , no. 36658/05, 18 December 2018)?

3. Has there been a breach of Article 6 § 2 of the Convention in application no. 18059/16 ( Popovici v. Moldova , nos. 289/04 and 41194/04, 27 November 2007)?

APPENDIX

List of applications

No.

Application no.

Case name

Lodged on

Applicant

Year of Birth

Place of Residence

Nationality

Represented by

18059/16

Guzun v. the Republic of Moldova

28/03/2016

Tudor GUZUN

1986 Porumbeni Moldovan

48999/16

Canila v. the Republic of Moldova

08/08/2016

Ruslan CANILA

1983 Glodeni Moldovan

Vasile LUCANOVSCHI

81258/17

Priguza v. the Republic of Moldova

20/11/2017

Constantin PRIGUZA

1956 Straseni Moldovan

Doina Ioana

STRÄ‚ISTEANU

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