Communicated on 15 January 2021 Published on 1 February 2021

SECOND SECTION

Application no. 39468/17 Eugeniu CLIPEA and Virginia IAPARA against the Republic of Moldova lodged on 17 May 2017

SUBJECT MATTER OF THE CASE

The application concerns the applicants ’ alleged ill-treatment by persons with mental disability, with the tacit approval of the staff of the psychiatric hospital in which the applicants have been treated. It also concerns allegedly insalubrious material conditions and various forms of coercion by hospital staff. The applicants also claim that the prosecution, to which they complained, acted in a discriminatory manner towards persons with mental disability when dismissing their complaints.

The application raises issues under Articles 3, 8 and 14 of the Convention.

QUESTIONS TO THE PARTIES

1. Has there been a violation of Article 3 and/or 8 of the Convention in the present case? In particular, were the applicants housed and treated in insalubrious conditions and subjected to various forms of violence or coercion, including from other persons with mental disabilities being treated together with the applicants? Did the authorities carry out an effective investigation into the applicants ’ allegations of ill-treatment and other forms of coercion (see, mutatis mutandis , Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, ECHR 2014, and B. v. Romania (no. 2) , no. 1285/03, 19 February 2013 )?

2. Did the prosecution ’ s actions reveal a discriminatory attitude towards persons with mental disabilities, contrary to Article 14 of the Convention taken in conjunction with Article 3 and/or 8?