CASE OF CEAICOVSCHI v. THE REPUBLIC OF MOLDOVA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect)
Paul Lemmens;Stéphanie Mourou-Vikström
6. The applicant was born in 1966 and lives in Chișinău. 7. The applicant is the chief executive officer of a large Moldovan company specialised in the importation of medical equipement. 8. On 8 April 2015 he was arrested by the National Anti-Corruption Center (NAC) in connection with a crimial investigation opened in November 2014. He was charged with bribery in the context of public auctions. Searches were conducted at the applicant’s home and at the headquarters of his company and numerous documents, computers and mobile phones were seized by the investigators. 9. More than twenty persons were accused in the same criminal case. Among them were the former Minister of Health and hospital directors. Many of them were apprehended and later released by the NAC or by the courts. As of July 2015, the applicant was the only accused who was kept in custody. 10. After arrest the applicant was placed in the NAC detention facility. Between 8 April and 8 October 2015 the applicant was detained in custody. Between 8 October and 4 November 2015 he was detained under house arrest. 11. The need for the applicant’s detention was justified by the prosecutors in the following way: that the applicant could abscond; he could influence witnesses; he could collude with other co-accused persons; and because the offence imputed to him was sanctioned with imprisonment of up to ten years. All of the prosecutors’ applications for the prolongation of the applicant’s detention were identical. 12. The applicant argued every time that he was ready to give up his passport and that there were no reasons to believe that he would attempt influencing witnesses or hindering the investigation. The reasons relied upon by the prosecutors in favour of detention were stereotyped and there was no evidence that he intended to abscond or do other things imputed to him. He also argued that he had a family, children, a permanent employment and a permanent abode. 13. On 10 April 2015 the Buiucani District Court issued a detention order for a period of thirty days arguing that the applicant did not produce guarantees in favour of an undertaking not to hinder the good unfolding of the investigation if no detention was applied. That decision was later upheld by the Chișinău Court of Appeal, which added that there was also a risk of the applicant’s reoffending. 14. On 7 May 2015 the Buiucani District Court prolonged the applicant’s detention by twenty-five days relying on the same grounds as before. The applicant’s appeal was rejected by the Court of Appeal on 14 May 2015. The Court of Appeal used the same arguments as the first time and added that one of the reaosons to hold the applicant in custody was to protect other persons involved in the proceedings from his violent actions. 15. By decisions dated 1 and 26 June, 21 July 2015 and 15 August 2015 the Buiucani District Court prolonged the applicant’s detention for twentyfive days each time. The court relied on similar reasons as before. The Court of Appeal dismissed the applicant’s appeals arguing that the applicant’s defence did not prove the fact that the applicant did not intend to abscond or hinder the investigation. In a decision of 11 June 2015 the Court of Appeal held for the first time that there was a risk of the applicant’s absconding. 16. On 15 and 29 September 2015 the Buiucani District Court prolonged again the applicant’s detention by twenty and eight days, respectively. It argued that the risk of absconding was justified by the gravity of the offence and that the prosecutor had presented evidence in support of the claim that the applicant may hinder the investigation. The court did not state what that evidence was. On 6 October 2015 the Buiucani District Court prolonged again the applicant’s detention by ninety days. 17. On 8 October 2015 the Court of Appeal examined the appeals lodged by the applicant against the decisions of 29 September 2015 and 6 October 2015. In its first judgment it dismissed the applicant’s appeal after finding that all the risks enumerated by the first-instance court persisted. However, when examining the appeal against the second decision, the same panel of judges considered that the risk of the applicant’s absconding was no longer justified and that there were no new reasons to consider necessary the applicant’s continued detention. Therefore, the Court of Appeal ordered the applicant’s house arrest. 18. On 4 November 2015 the applicant lodged a habeas corpus request and asked for the revocation of the house arrest. On the same date the Buiucani District Court accepted the applicant’s request and ordered his release from house arrest. 19. On 9 April 2015, on the second day of his detention, the applicant felt an accute pain in the region of his lower back. At 10.46 p.m. an ambulance was called for the applicant. The doctors diagnosed the applicant with “lumbar radicular syndorme with pronounced algic syndrome” and prescribed him hospitalisation. However, the prison administration refused to follow the doctors’ prescription. 20. Several hours later, on 10 April 2015 between 3 and 4 a.m. the applicant started experiencing again pain and asked for an ambulance to be called. An ambulance was called only at 9.27 a.m. The doctors repeated the same diagnosis and prescribed again hospitalisation. However, the prison administration refused to follow the doctors’ prescription. 21. At 10.10 a.m. an ambulance was called again for the applicant. This time the doctors diagnosed the applicant with “artherial hypertension of third degree”, “discopathie with agravated algic syndrome” and “lumbar radiculopathy” (sensory and/or motor deficit). Hospitalisation was again prescribed, but the prison administration refused to follow the doctors’ prescription. 22. At 11.44 a.m. an ambulance was called again for the applicant. The doctors diagnosed again “lumbar radiculopathy” and discopathie with a possible lesion of the nerve. The doctors reiterated the urgent need for hospitalisation, but the administration refused again. 23. At 2 p.m. the administration invited several doctors from the Institute of Neurology and Neurosurgery who confirmed the initial diagnosis and the urgent need for hospitalisation. Only after that, the prison administration allowed the applicant’s transfer to a hospital. 24. On 11 April 2015 the applicant was operated on his spine at the Institute of Neurology and Neurosurgery. He remained in hospital until 21 April 2015, when he was moved to a prison hospital. 25. On 22 June 2015 the applicant was examined by a commission of five doctors who diagnosed him with cholecystitis and fequent biliary colic. They recommended him surgical removal of his gall bladder within maximum seven days. 26. After that date the applicant and his lawyers submitted numerous requests and complaints to different authorities seeking the approval of his surgery. It was only on 3 August 2015, after the applicant’s condition drastically deteriorated, that his transportation to a normal hospital was approved. He had high fever and presented a swelling. After three days of preparations, he was subjected to surgery on 6 August 2015 and remained in intensive care for another week.