The in absentia conviction and failure to inform the defendant violates the ECHR
JUDGMENT
Gumeniuc v. Moldava 16-5-2017 (no. 48829/06)
SUMMARY
In adsentia conviction. The defendant was not informed about the case. Inability to defend himself. Provisional non-hearing for non-payment of a fine of 4 EUR . Moldova’s conviction because the accused was not informed of the hearing and because his lawyer was unable to prepare to defend him.
PROVISION
Article 5 § 1
PRINCIPAL FACTS
The applicant, Andrei Gumeniuc, is a Moldovan national who was born in 1978 and lives in Călărăseuca (Moldova). In May 2006 a court ordered that he be arrested and detained for thirty days, because he had not paid a speeding fine of 60 Moldovan lei (about four euros). The hearing was held in the absence of the parties. Police then arrested and detained Mr Gumeniuc, but he suffered a heart attack nine hours later and was taken to hospital. He recovered shortly thereafter and was released. He complained that his detention had been contrary to Article 5 § 1 (right to liberty and security) of the European Convention, because he had not been informed about the court hearing when the detention was ordered, and he had been unable to prepare for it or have a lawyer represent him.
THE DECISION OF THE COURT
Violation of Article 5 § 1
Just satisfaction: EUR 1,000 (non-pecuniary damage) and EUR 1,000 (costs and expenses)
