The European Court of Human Rights has given a judgment in the case Vasiliciuc v. the Republic of Moldova. The Court holds that there has been a violation of Article 5 § 1 of the Convention.

On 15 September 2008 Ms Vasiliciuc was stopped by Moldovan customs officers at Chisinau Airport when returning to Greece after a holiday and taken to the airport police station for failing to declare 29 items of jewellery. Before leaving for Greece again two weeks later, she obtained permission from the authorities to leave the country, signing a formal undertaking to appear before the prosecuting authorities as and when necessary and giving her Greek address and telephone number. Criminal proceedings were formally brought against her in October 2008 for attempted jewellery smuggling and she was summoned to appear before the investigating authorities via her Moldovan address. Unaware of the criminal proceedings brought against her, Ms Vasiliciuc failed to appear. In June 2009, the prosecuting authorities thus applied to the courts for an order to detain her on the ground of her absconding. Referring to this detention order, the Moldovan authorities eventually, in July 2011, applied to Interpol for an international arrest warrant against her. As a result, around a month later, she was arrested in Greece and detained pending extradition. However, she was released 23 days later when the Greek courts rejected the Moldovan authorities' extradition request seeing as there was no agreement between Moldova and Greece on requests to extradite suspects of offences connected to taxes, duties and customs. Ms Vasiliciuc has not apparently returned to Moldova since. Relying in essence on Article 5 § 1 (c) (right to liberty and security), Ms Vasiliciuc complained about the detention order against her, arguing that it had been unnecessary.  



Informatiesoort: Nieuws

Rubriek: Europees belastingrecht

H&I: Previews


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