Communicated on 2 April 2014

THIRD SECTION

Application no. 14566/14 Sergiu MOCANU against the Republic of Moldova lodged on 7 February 2014

STATEMENT OF FACTS

The applicant, Mr Sergiu Mocanu , is a Moldovan national, who was born in 1976 and lives in Chisinau.

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

On 31 January 2013, at 6:03 p.m. he received a phone call from the police officer I.R. who invited him to the Police station. The applicant asked a friend to drive him there. At the Police station I.R. accused the applicant of having made untrue statements in a complaint lodged with the police. The applicant replied that I.R. was a corrupt officer and left his office.

When the applicant was about to leave the police station, he was punched in the head by a police officer. The officer who had punched him and I.R. began to twist his hands and tried to push him inside the building. The applicant shouted for help and his friend, who was waiting in the car, started to film the struggle. As a result, the police officers let him go and entered the building. The applicant then went to a hospital to seek for medical assistance. He was diagnosed with head trauma, concussion and sprained wrists. He was recommended outp atient treatment.

On 1 February 2013 the applicant lodged a criminal complaint against the actions of the police. On 15 February 2013 the Prosecutor ’ s Office instituted criminal proceedings. On 30 May 2013 I.R. and C.N. were officially charged for having assaulted the applicant. On 9 July 2013 a prosecutor from the Buiucani Prosecutor ’ s Office dropped the charges and dismissed the investigation. On 8 August 2013 the hierarchical prosecutor and then on 7 October 2013 the Buiucani District Court dismissed the applicant ’ s complaints .

COMPLAINTS

The applicant complains under Article 3 of the Convention about the ill-treatment received at the police station and about the ineffectiveness of the investigation into his complaints about that.

QUESTIONS TO THE PARTIES

1. Was the applicant subjected to ill-treatment in breach of Article 3 of the Convention (see, for example, Tomasi v. France , judgment of 27 August 1992, Series A no. 241-A)?

2. Having regard to the procedural protection from ill-treatment under Article 3 of the Convention (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), was the investigation conducted in the present case by the domestic authorities effective for the purposes of that Article?

The Government are asked to submit a copy of the full version of the case file (including the video of the applicant ’ s struggle with the police officers), concerning the criminal investigation instituted by the Prosecutor ’ s Office in respect of the applicant ’ s criminal complaint.