CLOSED: Moldova: Sergei Gurgurov

Disabled by torture by police

Sergei Gurgurov was been left disabled by torture and ill-treatment in police detention. He was detained on 25 October 2005, at the age of 26, on suspicion of stealing a mobile phone. He was denied access to a lawyer until 3 November, and released on bail on 9 December.

The police officers who allegedly tortured him are still at work, and while the authorities refused to open a criminal investigation into the alleged torture, the European Court of Human Rights recently ruled in his favour.

UPDATE 21 JULY 2009: GOOD NEWS
Sergei Gurgurov’s case was recently considered in the European Court of Human Rights. On 16 June, the Court unanimously ruled that there had been a violation of Article 3 (prohibition of torture) of the European Convention on Human Rights, on account of the severe pain and suffering inflicted on Sergei Gurgurov by the police and of the obstacles - created by the prosecution during the investigation - to identifying those responsible. It also ruled that there had been a violation of Article 13 (right of an effective remedy), on account of it being impossible for Sergei Gurgurov to obtain redress for his suffering.

Under Article 41 (just satisfaction) of the Convention, the Court awarded Sergei Gurgurov 45,000 euros (EUR).

FURTHER ACTION NEEDED
Despite this good news, Sergei Gurgurov’s lawyer has confirmed that the Moldovan authorities have still not opened a criminal investigation into the allegations that Sergei Gurgurov was tortured and ill-treated in police detention in October 2005.

While the European Court of Human Rights decision will send a strong message to the Moldovan authorities regarding torture and ill-treatment, it is important to maintain pressure on the authorities to open a criminal investigation in order to address the problem of police impunity.

SERGEI RECEIVES GREETINGS CARDS
In February Sergei Gurgurov sent us pictures of him reading some of the Greetings Cards that you have sent. Thank you to everyone who took the time to send him a message of support. More pictures of Sergei Gurgurov, can be found on our sister site ProtectTheHuman.com

Background information

On 25 October 2005, Sergei Gurgurov was arrested in Chişinǎu, the capital of Moldova, on suspicion of stealing a mobile phone. He was held in police detention and denied access to a lawyer until 3 November, when he was taken to court to appear before the investigation judge.

During this time, he says, he was tortured to force him to confess to further mobile phone thefts. He received head injuries which have impaired his speech, and spinal injuries which have left him unable to walk without a cane. Both his eardrums are damaged and he has completely lost the hearing in one ear. He now suffers from depression.

Video-footage of Sergei Gurgurov’s arrival at the courthouse on 3 November shows he was unable to walk unaided and had to be assisted by two policemen as his feet dragged behind him. He was unable to move his fingers and had difficulty talking. At the hearing, the judge ordered his release on bail, but, on the pretext of extra paperwork, the police took him back into custody and his lawyer was unable to find him until the next day.

Sergei Gurgurov remained in custody, and the investigating judge later ordered his detention extended for a further 25 days. He received no medical attention until 2 December, when he was transferred to a prison hospital. However, this hospital could not offer the specialist neurological care he needed and he was treated by specialists only after his release on bail on 9 December 2005.

Representatives of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment visited Sergei Gurgurov in detention in 2005. They found that serious bodily injuries had been inflicted on him. Sergei Gurgurov’s lawyer has submitted a number of requests to the Moldovan authorities for a criminal investigation into the alleged torture, but so far these requests have been refused.

The most recent reply, from the General Prosecutor’s office on 4 August 2008, stated that Sergei Gurgurov had faked the torture and that therefore a criminal investigation would not be opened. His lawyer complained, and the Chişinǎu Court  has ordered a hearing regarding the Prosecutor General’s refusal to investigate. This hearing is scheduled to take place on 11 November 2008.

The charge against Sergei Gurgurov of theft remains in force, and he is awaiting trial. The police officers who allegedly tortured him are still at work and have reportedly threatened the relatives with whom Sergei Gurgurov was staying, so they have asked him to move.

Disabled by torture by police

Sergei Gurgurov was been left disabled by torture and ill-treatment in police detention. He was detained on 25 October 2005, at the age of 26, on suspicion of stealing a mobile phone. He was denied access to a lawyer until 3 November, and released on bail on 9 December.

The police officers who allegedly tortured him are still at work, and while the authorities refused to open a criminal investigation into the alleged torture, the European Court of Human Rights recently ruled in his favour.

UPDATE 21 JULY 2009: GOOD NEWS
Sergei Gurgurov’s case was recently considered in the European Court of Human Rights. On 16 June, the Court unanimously ruled that there had been a violation of Article 3 (prohibition of torture) of the European Convention on Human Rights, on account of the severe pain and suffering inflicted on Sergei Gurgurov by the police and of the obstacles - created by the prosecution during the investigation - to identifying those responsible. It also ruled that there had been a violation of Article 13 (right of an effective remedy), on account of it being impossible for Sergei Gurgurov to obtain redress for his suffering.

Under Article 41 (just satisfaction) of the Convention, the Court awarded Sergei Gurgurov 45,000 euros (EUR).

FURTHER ACTION NEEDED
Despite this good news, Sergei Gurgurov’s lawyer has confirmed that the Moldovan authorities have still not opened a criminal investigation into the allegations that Sergei Gurgurov was tortured and ill-treated in police detention in October 2005.

While the European Court of Human Rights decision will send a strong message to the Moldovan authorities regarding torture and ill-treatment, it is important to maintain pressure on the authorities to open a criminal investigation in order to address the problem of police impunity.

SERGEI RECEIVES GREETINGS CARDS
In February Sergei Gurgurov sent us pictures of him reading some of the Greetings Cards that you have sent. Thank you to everyone who took the time to send him a message of support. More pictures of Sergei Gurgurov, can be found on our sister site ProtectTheHuman.com

Follow up

On 17 July the Prosecutor for the city of Chisinau decided to open a criminal investigation into the allegations that Sergei Gurgurov was tortured and ill-treated while in police detention in October 2005.

The decision was made over four years after the incident and following thousands of appeals by Amnesty supporters and pressure from the international community, including a case at the European Court of Human Rights, which ruled against Moldova.

We will continue to monitor and report on progress in this case.