DOC // No apologies, but with compensation for damages. Former Head of IGP, Iurie Podarilov, officially declared a "victim of the regime"

Viorica Mija
13/06/2023
Sursa: CIJM

The trial court found violations of a number of freedoms but also found that the former head of the General Police Inspectorate, Iurie Podarilov, was detained in inhumane conditions. The magistrates also ordered the payment of moral and material damages, although the amount was not made public. However, the court did not admit Podarilov's request for a public apology. The decision can be appealed to the Chisinau Court of Appeal within 30 days from the date of the ruling. In July 2019, Podarilov described, at the Club of Investigative Journalists, how the criminal case that led to his conviction and one-year detention was manipulated. He was subsequently acquitted in 2021 and worked alongside the current Minister of the Interior, Ana Revenco, but left his position voluntarily.

In his request to the Chisinau Court, Podarilov requested a finding of violations of several provisions of the European Convention on Human Rights and the application of recovery mechanisms provided by the High Court, following his acquittal in a fabricated case. Specifically, Podarilov claims that all his rights were violated from the time of his detention on February 24, 2017, until his final acquittal.

"The amount of ***** is to be collected from the state budget account, through the Ministry of Justice of the Republic of Moldova, for the benefit of *****, as compensation for the moral damage resulting from the violation of fundamental rights guaranteed by the ECHR. These rights include those guaranteed by Article 5 (the right to liberty and security), in conjunction with Article 13 (the right to an effective remedy) and Article 6 paragraph 1 (the right to a fair trial); the rights guaranteed by Article 8 (the right to respect for private life and family) and Article 10 (freedom of expression); and the rights guaranteed by Article 1 of the Additional Protocol to the ECHR (property protection), including the violation of rights guaranteed by Article 3 (inhuman conditions of detention). The amount of ***** is to be collected from the state budget account, through the Ministry of Justice of the Republic of Moldova, for the benefit of ***** as material damage caused by the illegal actions of the criminal investigation bodies and the prosecutor's office (salary and other income from work). This amount will be transferred by the Ministry of Finance of the Republic of Moldova to the account of the employer, the General Police Inspectorate, and will be paid to *****, after deducting payments related to his salary according to the applicable legislation, including income tax and mandatory state social security contributions," states the decision issued by magistrate Tatiana Vasiliсa.

Iurie Podarilov was detained on February 24, 2017, based on a complaint, and remained in custody for 13 months in Penitentiary no. 13. In 2018, Podarilov was sentenced to four years with execution. However, in 2019, Podarilov was released from custody following the decision of the Supreme Court of Justice, which ordered a retrial. On June 17, 2021, the Supreme Court of Justice pronounced the final acquittal of Podarilov.

The case, in which the former head of the IGP demands payment of material damages from the institution where he worked, will resume on October 4th. The file was redistributed after Judge Marcel Gandrabur's term expired. The case will now be handled by magistrate Viorica Dodon.

Iurie Podarilov voluntarily resigned from his position as head of the General Police Inspectorate in February 2022. Viorel Cernăuțeanu, who was previously a state secretary in the Ministry of

Iurie Podarilov voluntarily resigned from his position as the head of the General Police Inspectorate in February 2022. He was replaced by Viorel Cernăuțeanu, who transitioned to the IGP from his previous role as a state secretary in the Ministry of Internal Affairs. This change occurred approximately one year after Podarilov's appointment by Minister of Internal Affairs Ana Revenco.

Viorica Mija
13/06/2023




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