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CANTER AND MAGALEAS v. THE REPUBLIC OF MOLDOVA AND RUSSIA

Doc ref: 7529/10 • ECHR ID: 001-145369

Document date: June 13, 2014

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CANTER AND MAGALEAS v. THE REPUBLIC OF MOLDOVA AND RUSSIA

Doc ref: 7529/10 • ECHR ID: 001-145369

Document date: June 13, 2014

Cited paragraphs only

Communicated on 13 June 2014

THIRD SECTION

Application no. 7529/10 Roman CANTER and Serghei MAGALEAS against the Republic of Moldova and Russia lodged on 3 February 2010

STATEMENT OF FACTS

The applicants, Mr Roman Canter and Mr Serghei Magaleas , are Moldovan nationals, who were born in 19 80 and 1977 respectively and live in Slobozia and Parcani , the Transdiestrian region of Moldova . They are represented before the Court by Mr P. Postica , a lawyer practising in Chişinău .

The facts of the case, as submitted by the applicants, may be summarised as follows.

On 2 March 2005 the applicants were arrested and placed in detention on remand on suspicion of murder. They were finally convicted by the “Supreme Court of Transdniestria ” on 4 August 2009 and sentenced to fourteen years of imprisonment.

COMPLAINTS

The applicants also complain under Article 6 that their conviction was carried out by a court which did not qualify as a tribunal established by law and that the proceedings were not fair.

QUESTIONS TO THE PARTIES

1. Did the applicants come within the jurisdiction of the Republic of Moldova and/or the Russian Federation within the meaning of Article 1 of the Convention as interpreted by the Court, inter alia , in the cases of Ilaşcu and Others v. Moldova and Russia [GC], (No. 48787/99, ECHR 2004-VII) and Catan and Others v. Moldova and Russia [GC] (nos. 43370/04, 8252/05 and 18454/06, §§ 102-123, 19 October 2012) on account of the circumstances of the present case?

2 . D id the applicant s have a fair hearing in the determination of the criminal charge s against them by a tribunal established by law as required by Article 6 § 1 of the Convention?

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