The Chisinau court has failed to hold any real hearings out of the 21 scheduled over three years, in which police officer Sergiu Bradu is charged in the murder case near the Atrium Shopping Center in May 2018.
The court hearings were postponed for various reasons: the restrictions imposed by the Covid -19 pandemic, the failure to appear at the hearing of the defendant and lawyers, the absence of the injured party or the prosecutors, the postponement of the hearing at the request of one party, the attempt to merge the case with another case in which the injured party, had the status of defendant. The suspension of Magistrate Olga Ionaşcu in September 2021 for disciplinary misconduct also contributed to the delay in examining the case.
Vitalie Zama, lawyer at LHR: It appears that the case is not examined in a reasonable time, which is a part of a fair trial requirement, under Article 6 of the European Convention on Human Rights, being one of the most important procedural guarantees of the rights to fair trial. As the European Court of Human Rights reiterated in the Case of Kurzac v. Poland: “the reasonableness of the length of proceedings must be assessed in the light of the particular circumstances of the case and having regard to the criteria laid down in the Court’s case-law, in particular, the complexity of the case, the conduct of the applicant and that of the relevant authorities, and the importance of what was at stake for the applicant in the litigation”.