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NASTASE v. THE REPUBLIC OF MOLDOVA

Doc ref: 74444/11 • ECHR ID: 001-180789

Document date: January 17, 2018

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NASTASE v. THE REPUBLIC OF MOLDOVA

Doc ref: 74444/11 • ECHR ID: 001-180789

Document date: January 17, 2018

Cited paragraphs only

Communicated on 17 January 2018

SECOND SECTION

Application no. 74444/11 Andrei NĂSTASE against the Republic of Moldova lodged on 10 November 2011

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s final conviction in criminal proceedings in his absence while he was in the Russian Federation awaiting extradition to Moldova at the request of the Moldovan authorities. No retrial took place upon the applicant ’ s return to the Republic of Moldova.

The applicant complains under Article 6 § 1 of the Convention that he did not have a fair hearing within the meaning of that article because the proceedings took place in his absence.

QUESTION tO THE PARTIES

Did the applicant have a fair hearing in the determination of the criminal charge(s) against him, in accordance with Article 6 § 1 of the Convention? In particular, was the applicant ’ s trial in absentia contrary to that provision (see Sejdovic v. Italy [GC], no. 56581/00, § 82, ECHR 2006 ‑ II)?

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