SPINU v. THE REPUBLIC OF MOLDOVA
Inadmissible
Branko Lubarda;Ján Šikuta;Johannes Silvis;Josep Casadevall;Luis López Guerra
The applicants, Mr Dumitru Spinu and Mr Sergiu Spinu, are Moldovan nationals, who were born in 1943 and 1974 respectively and live in Peticeni. They were represented before the Court by Mr V. Tarnovschi, a lawyer practising in Chisinau. The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol. The applicants are the husband and the son of the late Varvara Spinu. On the evening of 21 May 2008, at approximately 10 p.m., the first applicant and Varvara Spinu were returning home when Varvara Spinu fell into a trench located on the public road. The next morning Varvara Spinu was taken to a hospital and diagnosed, inter alia, with a fracture of her spine. On 11 June 2008 she succumbed to the injuries and died. On 13 June 2008 the local police office initiated an investigation into Varvara Spinu’s death and found that the trench located on the public road in front of the applicant’s house had been dug by a contractor of a mobile telephony company for the purpose of instalment of optical cables. The trench was not marked and/or secured in any way. On 13 February 2009 the Călăraşi Prosecutor’s Office decided not to initiate criminal proceedings in respect of the death of Varvara SpinuCălăraşi District Court dismissed the applicant’s appeal while finding that the investigation carried out by the Prosecutor’s Office had been effective and complete. The decision of the Călăraşi District Court was handed to the applicant on 15 June 2009. The parties did not inform the Court about any other proceedings in the case.