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BANDALAC v. THE REPUBLIC OF MOLDOVA

Doc ref: 17709/14 • ECHR ID: 001-173654

Document date: April 26, 2017

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BANDALAC v. THE REPUBLIC OF MOLDOVA

Doc ref: 17709/14 • ECHR ID: 001-173654

Document date: April 26, 2017

Cited paragraphs only

Communicated on 26 April 2017

SECOND SECTION

Application no. 17709/14 Aglaia BANDALAC against the Republic of Moldova lodged on 15 February 2014

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s rape by a private individual and the manner in which the State discharged its positive obligations under Article 3 of the Convention. In particular, after finding the perpetrator guilty of having raped the victim, the domestic courts imposed on him a suspended sentence of three years and obliged him to pay the victim non-pecuniary damage of some 170 euros. The applicant alleges a violation of Article 3 of the Convention as a result of the mildness of the penalty imposed on the perpetrator of the impugned attack.

QUESTION tO THE PARTIES

Has there been a violation of Article 3 of the Convention in the present case? In particular, did the sentence passed on R.R. provide a sufficient redress for the applicant and have a deterrent effect so as to prevent the occurrence of similar crimes in the future (see Okkalı v. Turkey , no. 52067/99, ECHR 2006 ‑ XII (extracts) )?

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