CASE OF PADURET v. THE REPUBLIC OF MOLDOVA AND RUSSIA
No violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions;Article 1 para. 2 of Protocol No. 1 - Control of the use of property);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions;Article 1 para. 2 of Protocol No. 1 - Control of the use of property)
Dmitry Dedov;Jon Fridrik Kjølbro;Julia Laffranque;Paul Lemmens;Ksenija Turković
5. The applicant was born in 1983 and lives in Cocieri. 6. The background to the case, including the Transdniestrian armed conflict of 1991-1992 and the subsequent events, is set out in Ilaşcu and Others v. Moldova and Russia ([GC], no. 48787/99, §§ 28-185, ECHR 2004VII) and Catan and Others v. the Republic of Moldova and Russia ([GC], 43370/04 and 2 others, §§ 8-42, ECHR 2012 (extracts)). 7. On 22 August 2010 the applicant, who is an entrepreneur, was transporting merchandise to an agricultural market in the town of Dubasari in the self-proclaimed “Moldovan Republic of Transdniestria” (the “MRT”). He was stopped by two persons presenting themselves as customs officers of the “MRT” who seized his van and the merchandise contained therein on account of his having allegedly failed to register the vehicle. On 7 October 2010 the “MRT” customs authority issued a decision obliging the applicant to pay a fine of some 1,320 euros (EUR) in return for being able to recover his van and merchandise. The applicant paid the fine. 8. In the meantime the applicant complained to the authorities of the Republic of Moldova about the seizure of his van and merchandise. On 9 September 2010 the Dubasari prosecutor’s office initiated a criminal investigation into the facts of the case and several suspects were declared wanted. However, the investigation was suspended in 2014.