Published on 11 April 2022

SECOND SECTION

Application no. 40846/15 Ion ADAM against the Republic of Moldova lodged on 6 August 2015 communicated on 25 March 2022

SUBJECT MATTER OF THE CASE

The application concerns the effectiveness of the investigation into a road accident, in which the applicant sustained serious injuries, and the adequacy of the awarded compensation. The perpetrator was convicted and given a suspended sentence of four years’ imprisonment, and was ordered to pay the applicant 60,000 Moldovan lei (equivalent to 2,971 euros at the time) in respect of non-pecuniary damage. The applicant complains of a violation of his rights under Article 3 and 13 of the Convention.

QUESTION TO THE PARTIES

In the circumstances of the case, was the State under a positive obligation under Article 3 of the Convention to conduct an effective investigation into the accident or to provide the applicant with effective compensatory remedy against the perpetrator? If so, was that obligation met by the authorities, in particular in the light of the Court’s case-law establishing the criteria of effective investigation and adequate compensatory remedy (see, mutatis mutandis , Šilih v. Slovenia [GC], no. 71463/01, § 194, 9 April 2009; Scripnic v. the Republic of Moldova , no. 63789/13, 13 April 2021; and Sarishvili-Bolkvadze v. Georgia , no. 58240/08, § 96, 19 July 2018)?