The analysis of the decision condemning the Republic of Moldova for the violation of art. 3 through the use of excessive force during arrest

Abstract

According to the provisions of the European Convention on Human Rights, the right not to be subjected to torture, inhuman and degrading treatment is an absolute right, which cannot be restricted even in the most difficult situations, such as the fight against terrorism and organized crime. Despite the absolute prohibition of application of ill-treat-ment, the art. 3 of the Convention remains one of the most frequently violated articles by the authorities of the Re-public of Moldova. In the period 2019-2022 the court found violation of the right not to be subjected to ill-treatment by applying the excessive force during arrest. ECtHR developed the standards, which apply to the qualification of violation of art. 3 by abuse of force, including ,,evidence beyond reasonable doubt”, presumption of application of ill-treatment and proportionality of application of force. In this study, we analyze the violation of the art. 3 founded by the ECtHR in the case Prepelița v. Republic of Moldova application no. 50799/14 of 23 June 2014, decision of 3 December 2019, and identification of the systemic problems, which determine the presence of abuse of force at arrest.