Great Britain Refuses Extradition to Moldova: Prisons have Inhuman and Degrading Conditions

Great Britain Refuses Extradition to Moldova: Prisons have Inhuman and Degrading Conditions
by
23 June 2021 | 14:37

Moldova is refused extradition from Great Britain on the grounds of violating human rights, announces the Promo-LEX Association. A London-based law firm successfully challenged Moldova’s request at the High Court on the grounds of the right ”not to suffer inhuman or degrading treatment or punishment” under Article 3 of the European Convention on Human Rights.

The Promo-LEX Association announces that the London law firm, Bindmans LLP, representing Andrian Tabuncic, one of the appellants, successfully challenged Tabuncic’s extradition requested by Moldova at the High Court on the grounds that it constituted a violation of his right not to suffer inhuman or degrading treatment or punishment under Article 3 of the European Convention on Human Rights.

The Divisional Court, consisting of LJ Stuart-Smith and Judge Holgate, allowed the appeal and found that the extradition orders must be set aside.

According to the promo-LEX Association, the issues considered by the Divisional Court in this case were:

”If there are substantial grounds for believing that there is a real risk of violators of the rights of appellants under Article 3 of the European Convention on Human Rights due to the material conditions of prisons and, in particular, violence between prisoners; If and to what extent it could be based on assurances given by Moldova.
According to Promo-LEX, lawyers in London also indicated that the British court found that “the Moldovan prison system is run by a strong criminal subculture, which is tolerated by prison authorities.”

“The divisional court accepted evidence from the European Committee for the Prevention of Torture that this problem remains as ‘acute as ever’ and led to detainees being subjected to extortion, violence, and prolonged periods of arbitrary isolation. The Court found that the problems of violence between prisoners were “endemic”.

Moldova has given assurances that, if extradited, Mr. Tabuncic will be protected from violence by other detainees. Based on the above and on the basis of the evidence obtained regarding the “substantial” breaches of the insurance granted to the first individual extradited from Great Britain to Moldova, the Divisional Court found that the assurances given by Moldovan authorities could not be accepted because Moldova does not respect them,” it is shown in an informative note of the Association.

In its judgment of 14 May, the Divisional Court concluded that “the extradition system applied by the courts in that jurisdiction is based on mutual trust and respect. The failure of the defendant (in this case, the Government of Moldova) to provide any admissible information in response to the issues raised by the appellants is a matter of concern. The statements made by Defendant (Moldova) in future cases will have to be examined very carefully.”

Bindmans LLP associate Jessica Skinns, who represented Andrian Tabuncic, said that “this ruling clearly shows that there are very serious problems with the conditions of detention in Moldova and, in particular, with those arising from violence between prisoners.”

“This decision may have a wider impact on other cases of extradition to Moldova. Moldova is likely to be required to provide further updated assurances in these cases, which will no doubt be examined by lower courts with “special attention”. It remains to be seen whether such decisions and judicial criticism from the United Kingdom have any real impact on the appalling conditions for detainees in Moldova,” say Promo-LEX lawyers.

The problem of subculture and penitentiary violence is an increasingly worrying one in Moldova, say the representatives of the Association.


AUTHOR MAIL eng.zdg@gmail.com

 .

Information about the Ministers of the Future Government

The list of ministers who will be part of the future Government led by Natalia Gavrilița was published on Tuesday, August 3. The government team includes members of the Action and Solidarity Party, as well as f…
Information about the Ministers of the Future Government

Former Minister of Defense Detained in a Case Related to the Godson of the Runaway Oligarch Vladimir Plahotniuc

The former Minister of Defense in the Chicu Government, Alexandru Pînzari, was detained this morning by the officers of the Information and Security Service. He is investigated in the case related to Dorin Dami…
Former Minister of Defense Detained in a Case Related to the Godson of the Runaway Oligarch Vladimir Plahotniuc

The Shor Party Deputy’s Case in the Billion-Dollar Bank Fraud was Sent to Court

The Anticorruption Prosecutor’s Office sent to court the criminal case in which the deputy of the Shor Paty, Denis Ulanov, is accused of fraud and money laundering, both crimes committed in particular pro…
The Shor Party Deputy’s Case in the Billion-Dollar Bank Fraud was Sent to Court

BREAKING NEWS: President Maia Sandu Appointed Natalia Gavrilița to the Prime Minister Position

President Maia Sandu signed the decree appointing Natalia Gavrilița to the position of prime minister after the Action and Solidarity Party proposed her as their candidate for the prime minister position. Gavri…
BREAKING NEWS: President Maia Sandu Appointed Natalia Gavrilița to the Prime Minister Position

Constitutional Court Declares Unconstitutional the Socialist-Shor Decision by which the US Embassy was Deprived of a Land for Constructing a Diplomatic Complex

The Constitutional Court declared on Thursday, July 29, unconstitutional the amendments made by the Socialist-Shor parties that blocked the transfer of the Republican Stadium ground in use to the Embassy of the…
Constitutional Court Declares Unconstitutional the Socialist-Shor Decision by which the US Embassy was Deprived of a Land for Constructing a Diplomatic Complex

A Socialist Deputy Oblige by Court to Publicly Apologize and Pay 1,000 Euros after Accusing the Presidential Adviser on Health of Having a Fake Master’s Diploma

Socialist deputy Alla Darovannaia was obliged by the Chișinău Court to apologize publicly and pay 1,000 euros for damage to the presidential adviser on health, Ala Nemerenco for spreading the fake information t…
A Socialist Deputy Oblige by Court to Publicly Apologize and Pay 1,000 Euros after Accusing the Presidential Adviser on Health of Having a Fake Master’s Diploma